THE ONE HUNDRED AND FOURTEENTH DAY

THE ONE HUNDRED AND FOURTEENTH DAY

Carson City (Tuesday), May 27, 2003

Senate called to order at 12:05 p.m.

President Hunt presiding.

Roll called.

All present.

Prayer by the Chaplain, Pastor Marvin Dennis.

Thank You, our Heavenly Father, that the Senators of this great State of Nevada have the dedication and commitment to stay in session and do business rather than run and hide when the going gets tough as in some other states. Give to these Senators strength as they complete this legislative year.

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 Finance, to which were referred Senate Bills Nos. 51, 214; Assembly Bills Nos. 29, 286, 395, 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 Judiciary, to which was referred Assembly Bill No. 13, 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 Taxation, to which was referred Senate Bill No. 495, 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

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 26, 2003

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 548, 549; Senate Bill No. 416.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 39.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 876 to Assembly Bill No. 16; Senate Amendment No. 581 to Assembly Bill No. 57; Senate Amendment No. 801 to Assembly Bill No. 220; Senate Amendment No. 831 to Assembly Bill No. 223; Senate Amendment No. 782 to Assembly Bill No. 239; Senate Amendment No. 832 to Assembly Bill No. 325; Senate Amendment No. 844 to Assembly Bill No. 326; Senate Amendment No. 802 to Assembly Bill No. 369; Senate Amendment No. 761 to Assembly Bill No. 401; Senate Amendment No. 668 to Assembly Bill No. 429; Senate Amendment No. 803 to Assembly Bill No. 431; Senate Amendment No. 764 to Assembly Bill No. 432; Senate Amendment No. 765 to Assembly Bill No. 459.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in Senate Amendment No. 621 to Assembly Bill No. 358 and respectfully refused to concur in Senate Amendment No. 852 to Assembly Bill No. 358.

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. 698 to Assembly Bill No. 30; Senate Amendments Nos. 860, 897, 661 to Assembly Bill No. 163; Senate Amendment No. 769 to Assembly Bill No. 355; Senate Amendment No. 848 to Assembly Bill No. 388; Senate Amendment No. 833 to Assembly Bill No. 444; Senate Amendment No. 804 to Assembly Bill No. 502; Senate Amendments Nos. 770, 672, 898 to Assembly Bill No. 536.

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. 59, and requests a conference, and appointed Assemblymen Manendo, Koivisto and Mabey 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 Oceguera, Brown and Buckley as a first Conference Committee concerning Assembly Bill No. 40.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Conklin, Brown and Ohrenschall as a first Conference Committee concerning Assembly Bill No. 73.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Anderson, Mabey and Ohrenschall as a first Conference Committee concerning Assembly Bill No. 78.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Anderson, Angle and Horne as a first Conference Committee concerning Assembly Bill No. 132.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Senate Bill No. 208 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator Raggio.

Motion carried.

By Senators Raggio and Titus:

Senate Resolution No. 10—Designating certain members of the Senate as regular and alternate members of the Legislative Commission.

Senator Raggio moved the adoption of the resolution.

Remarks by Senator Raggio.

Resolution adopted.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Finance:

Senate Bill No. 500—AN ACT relating to motor vehicles; revising the provisions governing certain fees paid to the Department of Motor Vehicles concerning the control of emissions from motor vehicles; and providing other matters properly relating thereto.

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

Motion carried.

By the Committee on Finance:

Senate Bill No. 501—AN ACT relating to motor vehicles; requiring the Department of Motor Vehicles to charge and collect certain new fees relating to the lease or sale of a vehicle; and providing other matters properly relating thereto.

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

Motion carried.

Assembly Bill No. 548.

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

Motion carried.

Assembly Bill No. 549.

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

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 381.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 918.

Amend the bill as a whole by renumbering sec. 12 as sec. 13 and adding a new section designated sec. 12, following sec. 11, to read as follows:

“Sec. 12. 1. Notwithstanding the provisions of sections 2 to 10, inclusive, of this act, a state agency may apply to identify unspent money as savings pursuant to those sections only if it has been approved pursuant to this section to participate in a pilot program for the fiscal year for which the savings are sought to be identified.

2. A state agency that wishes to participate in a pilot program pursuant to sections 2 to 10, inclusive, of this act for the Fiscal Year 2003-2004, 2004‑2005 or 2005-2006 shall submit an application to the Chief of the Budget Division on or before August 15 of the respective fiscal year. The application must identify that budget account to which the program would apply, the reasons that the state agency believes that it should participate in the pilot program and any programs that it believes could save money that would constitute savings for the purposes of sections 2 to 10, inclusive, of this act.

3. The Chief shall review the applications received pursuant to subsection 2 and approve not more than 16 budget accounts for participation in the pilot program in any fiscal year. To the extent practicable, the Chief shall select budget accounts that:

(a) Have, as indicated in the application, a demonstrated potential to generate savings; and

(b) Represent a variety of state agencies and programs.

4. The Chief shall notify the state agencies selected to participate in the pilot program each fiscal year on or before October 1 of that year. The Chief shall indicate the budget account to which the provisions of sections 2 to 10, inclusive, of this act will apply. A state agency selected to participate in the pilot program shall submit the application required pursuant to section 7 of this act and otherwise carry out the provisions of sections 2 to 10, inclusive, of this act for that budget account for that fiscal year.

5. As used in this section:

(a) “Chief” means the Chief of the Budget Division of the Department of Administration.

(b) “State agency” has the meaning ascribed to it in section 4 of this act.”.

Amend sec. 12, page 4, line 20, by deleting “2003.” and inserting: “2003, and expires by limitation on July 1, 2007.”.

Amend the title of the bill, first line, after “authorizing” by inserting: “a pilot program to allow”.

Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes pilot program to allow state agencies to retain certain cost savings. (BDR 31‑936)”.

Senator Amodei moved the adoption of the amendment.

Remarks by Senator Rhoads.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

GENERAL FILE AND THIRD READING

Senate Bill No. 230.

Bill read third time.

Remarks by Senators Raggio, Neal and McGinness.

Roll call on Senate Bill No. 230:

Yeas—21.

Nays—None.

Senate Bill No. 230 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 252.

Bill read third time.

Roll call on Senate Bill No. 252:

Yeas—17.

Nays—Care, Carlton, Neal, Titus—4.

Senate Bill No. 252 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Joint Resolution No. 11.

Resolution read third time.

Remarks by Senators Raggio and Neal.

Roll call on Senate Joint Resolution No. 11:

Yeas—18.

Nays—Care, Titus, Wiener—3.

Senate Joint Resolution No. 11 having received a constitutional majority, Madam President declared it passed.

Resolution ordered transmitted to the Assembly.

Assembly Bill No. 254.

Bill read third time.

Remarks by Senator Raggio.

Roll call on Assembly Bill No. 254:

Yeas—21.

Nays—None.

Assembly Bill No. 254 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 470.

Bill read third time.

Roll call on Assembly Bill No. 470:

Yeas—21.

Nays—None.

Assembly Bill No. 470 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Consideration of Assembly Amendments

Senate Bill No. 55.

The following Assembly amendment was read:

Amendment No. 777.

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

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

163.050 ~~[No]~~

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

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

Amend the title of the bill to read as follows:

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

Amend the summary of the bill to read as follows:

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

Senator Amodei moved that the Senate concur in the Assembly amendment to Senate Bill No. 55.

Remarks by Senator Amodei.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 76.

The following Assembly amendment was read:

Amendment No. 826.

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

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

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

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

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

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

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

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

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

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

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

Senator Rhoads moved that the Senate concur in the Assembly amendment to Senate Bill No. 76.

Remarks by Senator Rhoads.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 82.

The following Assembly amendment was read:

Amendment No. 721.

Amend sec. 7, page 3, by deleting line 27 and inserting:

“Sec. 7. 1. If a health authority isolates, quarantines or treats a person”.

Amend sec. 7, page 3, lines 30 and 31, by deleting: “isolate or quarantine” and inserting: “isolate, quarantine or treat”.

Amend sec. 7, page 3, between lines 32 and 33, by inserting:

“2. A health authority shall provide each person whom it isolates or quarantines pursuant to sections 6 to 26, inclusive, of this act with a document informing the person of his rights. The Board shall adopt regulations:

(a) Setting forth the rights of a person who is isolated or quarantined that must be included in the document provided pursuant to this subsection; and

(b) Specifying the time and manner in which the document must be provided pursuant to this subsection.”.

Amend sec. 7.5, page 3, line 33, before “A” by inserting “1.”.

Amend sec. 7.5, page 3, line 35, by deleting “1.” and inserting “(a)”.

Amend sec. 7.5, page 3, line 38, by deleting “2.” and inserting “(b)”.

Amend sec. 7.5, page 3, between lines 40 and 41, by inserting:

“2. If a person who is isolated or quarantined pursuant to sections 6 to 26, inclusive, of this act is unconscious or otherwise unable to communicate because of mental or physical incapacity, the health authority that isolated or quarantined the person must notify the spouse or legal guardian of the person by telephone and certified mail. If a person described in this subsection is isolated or quarantined in a medical facility and the health authority did not provide the notice required by this subsection, the medical facility must provide the notice. If the case of a person described in this subsection is before a court and the health authority, and medical facility, if any, did not provide the notice required by this subsection, the court must provide the notice.”.

Amend the bill as a whole by adding a new section designated sec. 7.7, following sec. 7.5, to read as follows:

“Sec. 7.7. A person who is isolated or quarantined pursuant to sections 6 to 26, inclusive, of this act has the right to refuse treatment and may not be required to submit to involuntary treatment unless a court issues an order requiring the person to submit to treatment.”.

Amend sec. 13, page 8, line 9, by deleting “Within” and inserting: “In addition to any notice required pursuant to section 7.5 of this act, within”.

Amend sec. 21, page 12, by deleting lines 21 through 27 and inserting: “nurse accompanying the petition.”.

Amend sec. 24, page 13, by deleting line 19 and inserting: “of the person concerning treatment and vaccination, including, without limitation, the tenets of the person’s religion and the tenets of any group or organization of which the person is a member,”.

Amend sec. 24, page 13, by deleting line 34 and inserting: “for additional periods which each must not exceed the shorter of 120 days or either, if the person is isolated, the period of time which the health authority expects the person will be infectious with the communicable disease or, if the person is quarantined, the period of time which the health authority determines is necessary to determine whether the person has been infected with the communicable disease. For each”.

Amend sec. 30, page 15, line 44, after “in” by inserting: “subsection 4 and”.

Amend sec. 30, page 16, between lines 16 and 17, by inserting:

“4. Except as otherwise provided in NRS 441A.310 and 441A.380, a health authority may not issue an order requiring the involuntary treatment of a person without a court order requiring the person to submit to treatment.”.

Amend the title of the bill, fourth line, after “persons;” by inserting: “prohibiting a health authority from requiring a person to be involuntarily treated without a court order requiring the person to submit to treatment;”.

Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 82.

Remarks by Senator Rawson.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 168.

The following Assembly amendment was read:

Amendment No. 812.

Amend the bill as a whole by deleting sec. 9 and adding:

“Sec. 9. (Deleted by amendment.)”.

Amend the title of the bill, fifteenth through nineteenth lines, by deleting: “requiring a person who wishes to contest a decision of the Administrator of the Division to impose an administrative fine or benefit penalty to file a notice of an appeal with an appeals officer within a certain period;”.

Amendment No. 883.

Amend sec. 6, page 6, line 28, by deleting “district court.” and inserting: “~~[district court.]~~ a court of competent jurisdiction.”.

Amend sec. 12, page 12, line 35, by deleting “district court.” and inserting: “~~[district court.]~~ a court of competent jurisdiction.”.

Amend the title of the bill, fifteenth line, after “circumstances;” by inserting: “revising provisions governing recovery of payments by the Division;”.

Senator Townsend moved that the Senate concur in the Assembly amendments to Senate Bill No. 168.

Remarks by Senator Townsend.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 179.

The following Assembly amendment was read:

Amendment No. 628.

Amend sec. 10, page 5, by deleting lines 16 through 18 and inserting: “~~[admitted to a mental health facility or hospital under]~~ detained pursuant to subsection 1 must be released within 72 hours, including weekends and holidays, ~~[from the time of his admission]~~ after the examination required by paragraph (a) of subsection 1 of NRS 433A.165 has been completed, if such an examination is required, or within 72 hours, including weekends and holidays, after the person arrives at the mental health facility or hospital, if an examination is not required by paragraph (a) of subsection 1 of NRS 433A.165 unless”.

Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 179.

Remarks by Senator Rawson.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 196.

The following Assembly amendment was read:

Amendment No. 814.

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

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

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

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

4. The notice of proposed action must state:

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

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

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

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

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

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

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

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

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

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

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

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

2. A trustee shall not be liable for:

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

(b) Deciding not to make such an adjustment.

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

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

Senator Amodei moved that the Senate concur in the Assembly amendment to Senate Bill No. 196.

Remarks by Senator Amodei.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 332.

The following Assembly amendments were read:

Amendment No. 627.

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. NRS 439.100 is hereby amended to read as follows:

439.100 1. The Director shall appoint a State Health Officer.

2. The position of State Health Officer must be filled by the Director within 6 months after it becomes vacant, except that if a qualified applicant does not accept the position within that period, the Director shall continue his efforts to fill the position until a qualified person accepts the appointment.

3. The State Health Officer is in the unclassified service of the State and serves at the pleasure of the Director.”.

Amend the title of the bill, second line, after “qualifications” by inserting “and appointment”.

Amendment No. 817.

Amend sec. 2, page 2, line 11, by deleting: “3 and 4” and inserting: “3 to 7, inclusive,”.

Amend the bill as a whole by renumbering sections 5 through 8 as sections 8 through 11 and adding new sections designated sections 5 through 7, following sec. 4, to read as follows:

“Sec. 5. 1. If the Governor determines that there are critically unmet needs with regard to the number of physicians who are practicing a medical specialty within this state, the Governor may declare that a state of critical medical need exists for that medical specialty. The Governor may, but is not required to, limit such a declaration to one or more geographic areas within this state.

2. In determining whether there are critically unmet needs with regard to the number of physicians who are practicing a medical specialty, the Governor may consider, without limitation:

(a) Any statistical data analyzing the number of physicians who are practicing the medical specialty in relation to the total population of this state or any geographic area within this state;

(b) The demand within this state or any geographic area within this state for the types of services provided by the medical specialty; and

(c) Any other factors relating to the medical specialty that may adversely affect the delivery of health care within this state or any geographic area within this state.

3. If the Governor makes a declaration pursuant to this section, the Board may waive the requirements of paragraph (d) of subsection 2 of NRS 630.160 for an applicant if the applicant:

(a) Intends to practice medicine in one or more of the medical specialties designated by the Governor in his declaration and, if the Governor has limited his declaration to one or more geographic areas within this state, in one or more of those geographic areas;

(b) Has completed at least 1 year of training as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education or the Coordinating Council of Medical Education of the Canadian Medical Association, respectively;

(c) Has a minimum of 5 years of practical medical experience as a licensed allopathic physician or such other equivalent training as the Board deems appropriate; and

(d) Meets all other conditions and requirements for a license to practice medicine.

4. Any license issued pursuant to this section is a restricted license, and the person who holds the restricted license may practice medicine in this state only in the medical specialties and geographic areas for which the restricted license is issued.

5. Any person who holds a restricted license issued pursuant to this section and who completes 3 years of full-time practice under the restricted license may apply to the Board for an unrestricted license. In considering an application for an unrestricted license pursuant to this subsection, the Board shall require the applicant to meet all statutory requirements for licensure in effect at the time of application except the requirements of paragraph (d) of subsection 2 of NRS 630.160.

Sec. 6. Except as otherwise provided in NRS 630.161, the Board may issue a license by endorsement to practice medicine to an applicant who has been issued a license to practice medicine by the District of Columbia or any state or territory of the United States if:

1. At the time the applicant files his application with the Board, the license is in effect;

2. The applicant:

(a) Submits to the Board proof of passage of an examination approved by the Board;

(b) Submits to the Board any documentation and other proof of qualifications required by the Board;

(c) Meets all of the statutory requirements for licensure to practice medicine in effect at the time of application except for the requirements set forth in NRS 630.160; and

(d) Completes any additional requirements relating to the fitness of the applicant to practice required by the Board; and

3. Any documentation and other proof of qualifications required by the Board is authenticated in a manner approved by the Board.

Sec. 7. 1. The Board shall maintain a website on the Internet or its successor.

2. The Board shall place on the website:

(a) Each application form for the issuance or renewal of a license issued by the Board pursuant to this chapter; and

(b) A list of questions that are frequently asked concerning the processes of the Board and the answers to those questions.”.

Amend sec. 7, page 3, by deleting line 13 and inserting:

“, 630.164 and sections 4, 5 and 6 of this act, a license may be issued to any”.

Amend sec. 7, page 3, line 25, after “Is” by inserting “currently”.

Amend sec. 7, page 3, line 26, after “Specialties” by inserting: “and who agrees to maintain such certification for the duration of his licensure,”.

Amend sec. 7, page 3, line 40, after “Is” by inserting “currently”.

Amend sec. 7, page 3, line 41, after “Specialties” by inserting: “in the specialty of emergency medicine, preventive medicine or family practice and who agrees to maintain certification in at least one of these specialties for the duration of his licensure,”.

Amend sec. 7, page 4, by deleting lines 10 and 11 and inserting “Board; and”.

Amend the bill as a whole by renumbering sec. 9 as sec. 14 and adding new sections designated sections 12 and 13, following sec. 8, to read as follows:

“Sec. 12. NRS 630.165 is hereby amended to read as follows:

630.165 1. ~~[An]~~ Except as otherwise provided in subsection 2, an applicant for a license to practice medicine must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:

(a) The applicant is the person named in the proof of graduation and that it was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

(b) The information contained in the application and any accompanying material is complete and correct.

2. An applicant for a license by endorsement to practice medicine pursuant to section 6 of this act must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:

(a) The applicant is the person named in the license to practice medicine issued by the District of Columbia or any state or territory of the United States and that the license was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

(b) The information contained in the application and any accompanying material is complete and correct.

3. An application submitted pursuant to subsection 1 or 2 must include the social security number of the applicant.

~~[3.]~~ 4. In addition to the other requirements for licensure, the Board may require such further evidence of the mental, physical, medical or other qualifications of the applicant as it considers necessary.

~~[4.]~~ 5. The applicant bears the burden of proving and documenting his qualifications for licensure.

Sec. 13. NRS 630.258 is hereby amended to read as follows:

630.258 1. A physician who is retired from active practice and who wishes to donate his expertise for the medical care and treatment of indigent persons in this state may obtain a special volunteer medical license by submitting an application to the Board pursuant to this section.

2. An application for a special volunteer medical license must be on a form provided by the Board and must include:

(a) Documentation of the history of medical practice of the physician;

(b) Proof that the physician previously has been issued an unrestricted license to practice medicine in any state of the United States and that he has never been the subject of disciplinary action by a medical board in any jurisdiction;

(c) Proof that the physician satisfies the requirements for licensure set forth in NRS 630.160 ~~[;]~~ or the requirements for licensure by endorsement set forth in section 6 of this act;

(d) Acknowledgment that the practice of the physician under the special volunteer medical license will be exclusively devoted to providing medical care to indigent persons in this state; and

(e) Acknowledgment that the physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for providing medical care under the special volunteer medical license, except for payment by a medical facility at which the physician provides volunteer medical services of the expenses of the physician for necessary travel, continuing education, malpractice insurance or fees of the State Board of Pharmacy.

3. If the Board finds that the application of a physician satisfies the requirements of subsection 2 and that the retired physician is competent to practice medicine, the Board shall issue a special volunteer medical license to the physician.

4. The initial special volunteer medical license issued pursuant to this section expires 1 year after the date of issuance. The license may be renewed pursuant to this section, and any license that is renewed expires 2 years after the date of issuance.

5. The Board shall not charge a fee for:

(a) The review of an application for a special volunteer medical license; or

(b) The issuance or renewal of a special volunteer medical license pursuant to this section.

6. A physician who is issued a special volunteer medical license pursuant to this section and who accepts the privilege of practicing medicine in this state pursuant to the provisions of the special volunteer medical license is subject to all the provisions governing disciplinary action set forth in this chapter.

7. A physician who is issued a special volunteer medical license pursuant to this section shall comply with the requirements for continuing education adopted by the Board.”.

Amend the bill as a whole by renumbering sections 10 and 11 as sections 16 and 17 and adding a new section designated sec. 15, following sec. 9, to read as follows:

“Sec. 15. NRS 630.268 is hereby amended to read as follows:

630.268 1. The Board shall charge and collect not more than the following fees:

For application for and issuance of a license to practice as a

physician , including a license by endorsement.......................... $600

For application for and issuance of a temporary, locum

tenens, limited, restricted, special or special purpose

license..................................................................................................... 400

For renewal of a limited, restricted or special license............................... 400

For application for and issuance of a license as a physician

assistant.................................................................................................. 400

For biennial registration of a physician assistant.................................... 800

For biennial registration of a physician..................................................... 800

For application for and issuance of a license as a practitioner

of respiratory care................................................................................. 400

For biennial registration of a practitioner of respiratory care................. 600

For biennial registration for a physician who is on inactive

status....................................................................................................... 400

For written verification of licensure.............................................................. 50

For a duplicate identification card................................................................ 25

For a duplicate license.................................................................................... 50

For computer printouts or labels................................................................. 500

For verification of a listing of physicians, per hour................................... 20

For furnishing a list of new physicians...................................................... 100

2. In addition to the fees prescribed in subsection 1, the Board shall charge and collect necessary and reasonable fees for its other services.

3. The cost of any special meeting called at the request of a licensee, an institution, an organization, a state agency or an applicant for licensure must be paid for by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting it has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.”.

Amend the title of the bill, fourth line, after “physicians;” by inserting: “authorizing the Board of Medical Examiners to waive certain requirements for licensure to practice medicine if the Governor declares a state of critical need exists for certain medical specialties; authorizing the Board to issue a license by endorsement to practice medicine to certain qualified applicants who have been issued a license to practice medicine by the District of Columbia or any state or territory of the United States; requiring the Board to maintain a website on the Internet;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises qualifications of State Health Officer, clarifies restrictions on use of “M.D.” title and makes various changes relating to licensure of physicians and Board of Medical Examiners. (BDR 40‑1036)”.

Senator Rawson moved that the Senate concur in the Assembly amendments to Senate Bill No. 332.

Remarks by Senator Rawson.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 386.

The following Assembly amendment was read:

Amendment No. 690.

Amend section 1, page 1, by deleting lines 8 through 11 and inserting: “patient at the facility or home, the facility or home shall allow visitation rights to any person designated by the patient in a letter, form or other document authorizing visitation executed in accordance with subsection 2. The visitation rights required by this subsection must be:

(a) Provided in accordance with the visitation policies of the facility or home; and

(b) The same visitation rights that are provided to a member of the patient’s family who is legally related to the patient.”.

Amend section 1, page 2, by deleting lines 4 through 8 and inserting: “residential care may execute a letter, form or other document authorizing visitation in substantially the following form:”.

Amend section 1, page 2, by deleting lines 22 through 25 and inserting: “....................................

(Signed)”.

Amend sec. 3, page 2, line 38, before “A” by inserting:

“1. The following persons, in the following order of priority, may order the burial of human remains of a deceased person:

(a) A person designated as the person with authority to order the burial of the human remains of the decedent in a legally valid document or in an affidavit executed in accordance with subsection 5;

(b) The spouse of the decedent;

(c) An adult son or daughter of the decedent;

(d) Either parent of the decedent;

(e) An adult brother or sister of the decedent;

(f) A grandparent of the decedent;

(g) A guardian of the person of the decedent at the time of death; and

(h) A person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death.

2. If the deceased person was an indigent or other person for whom the final disposition of the decedent’s remains is a responsibility of a county or the State, the appropriate public officer may order the burial of the remains and provide for the respectful disposition of the remains.

3. If the deceased person donated his body for scientific research or, before his death, a medical facility was made responsible for his final disposition, a representative of the scientific institution or medical facility may order the burial of his remains.

4. A living person may order the burial of human remains removed from his body or the burial of his body after his death. In the latter case, any person acting pursuant to his instructions is an authorized agent.

5.”.

Amend sec. 5, page 3, by deleting lines 31 through 33 and inserting:

“~~[(e)]~~ (f) A grandparent of the decedent; ~~[and~~

~~(f)]~~ (g) A guardian of the person of the decedent at the time of death [.] ; and

(h) A person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death.”.

Amend sec. 6, page 5, line 7, by deleting “and”.

Amend sec. 6, page 5, by deleting line 9 and inserting: “death; and

(h) A person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death.”.

Amend the title of the bill, sixth line, after “death;” by inserting: “revising related provisions governing the priority of persons authorized to make decisions concerning anatomical gifts, burial and cremation of human remains on behalf of a decedent;”.

Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 386.

Remarks by Senator Rawson.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senator O'Connell moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 12:47 p.m.

SENATE IN SESSION

At 12:51 p.m.

President Hunt presiding.

Quorum present.

Senate Bill No. 470.

The following Assembly amendment was read:

Amendment No. 641.

Amend sec. 4, page 2, by deleting line 29 and inserting: “by the city in a county whose population is less than 100,000.”.

Amend sec. 5, page 3, line 23, by deleting “airport,” and inserting: “airport ~~[,]~~ located in a county whose population is less than 400,000,”.

Amend the title of the bill to read as follows:

“AN ACT relating to taxation; authorizing cities that own or operate airports in certain counties to impose certain taxes on aviation fuel and fuel for jet or turbine-powered aircraft; revising the method for the distribution of and certain restrictions on the expenditure of the proceeds of certain taxes on aviation fuel and fuel for jet or turbine-powered aircraft; and providing other matters properly relating thereto.”.

Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 470.

Remarks by Senator McGinness.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 475.

The following Assembly amendment was read:

Amendment No. 642.

Amend section 1, page 2, line 42, by deleting “1997.” and inserting: “1997 ~~[.]~~ , or to an exempt wholesale generator, as defined in 15 U.S.C. § 79z-5a.”.

Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 475.

Remarks by Senator McGinness.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 485.

The following Assembly amendment was read:

Amendment No. 651.

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

“Sec. 4. (Deleted by amendment.)”.

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

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

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

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

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

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

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

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

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

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

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

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

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

(a)”.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Senator Rhoads moved that the Senate concur in the Assembly amendment to Senate Bill No. 485.

Remarks by Senator Rhoads.

Motion carried by a two-thirds majority.

Bill ordered enrolled.

Senate Bill No. 486.

The following Assembly amendment was read:

Amendment No. 650.

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

“Sec. 14. (Deleted by amendment.)”.

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

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

Senator Rhoads moved that the Senate concur in the Assembly amendment to Senate Bill No. 486.

Remarks by Senator Rhoads.

Motion carried by a two-thirds majority.

Bill ordered enrolled.

Senate Bill No. 489.

The following Assembly amendment was read:

Amendment No. 757.

Amend section 1, page 1, lines 8 and 10, by deleting “natural gas,” and inserting: “any fossil fuel,”.

Amend the title of the bill, fourth line, by deleting “natural gas;” and inserting: “any fossil fuel;”.

Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 489.

Remarks by Senator McGinness.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Joint Resolution No. 3.

The following Assembly amendment was read:

Amendment No. 649.

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

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

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

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

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

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

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

Senator Rhoads moved that the Senate concur in the Assembly amendment to Senate Joint Resolution No. 3.

Remarks by Senator Rhoads.

Motion carried by a constitutional majority.

Resolution ordered enrolled.

Senate Joint Resolution No. 4.

The following Assembly amendment was read:

Amendment No. 648.

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

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

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

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

Senator Rhoads moved that the Senate concur in the Assembly amendment to Senate Joint Resolution No. 4.

Remarks by Senator Rhoads.

Motion carried by a constitutional majority.

Resolution ordered enrolled.

Senate Bill No. 97.

The following Assembly amendment was read:

Amendment No. 774.

Amend the bill as a whole by deleting sections 1 through 12 and the text of repealed sections and adding new sections designated sections 1 through 47 and the text of the repealed section, following the enacting clause, to read as follows:

“Section 1. This act may be cited as the “Keep Quality Medical Care in Nevada Act.”

Sec. 1.5. The Legislature hereby finds and declares that:

1. The 18th Special Session of the Nevada Legislature was held in 2002 to address the State’s emerging medical malpractice crisis.

2. The Nevada Legislature recognized that the difficulty experienced in this state in attracting and maintaining a sufficient network of physicians to meet the needs of the residents of this state posed a serious threat to the health, welfare and safety of those residents.

3. The Nevada Legislature unanimously approved broad tort reforms during the 18th Special Session to provide stability and predictability to Nevada’s civil justice system and insurance market while protecting the legal remedies available to injured patients.

4. The reforms passed by the Nevada Legislature during the 18th Special Session included:

(a) A $350,000 limitation on the amount that may be awarded for noneconomic damages in a medical malpractice action, which was carefully crafted to limit a physician’s liability and provide compensation to an injured patient;

(b) A $50,000 limitation on the amount of damages that may be awarded in a medical malpractice action for emergency care received in hospitals;

(c) Immunity from liability for certain providers of health care who provide treatment gratuitously at a health care facility of a governmental entity or nonprofit organization;

(d) Protection of the right to consider collateral sources of payment to a patient and to elect to receive future damages awarded in periodic payments;

(e) Several liability for noneconomic damages awarded in an action for medical malpractice so that a physician is only liable for such damages in an amount equal to the percentage of negligence attributable to him;

(f) Increasing the efficiency of the civil justice system by providing a shorter period within which to commence a medical malpractice action, making changes concerning pretrial settlement conferences and requiring certain district judges to receive certain training concerning medical malpractice actions;

(g) Stricter requirements concerning reporting information concerning medical malpractice to state licensing boards; and

(h) Requiring the reporting of medical errors and protecting “whistle blowers” who report medical errors or potential medical malpractice.

5. The Nevada Legislature responded to the crisis in 2002 and proposes the additional protections to consumers of medical care in this state as set forth in this act.

Sec. 2. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

1. If, within the immediately preceding 7 years, a physician has made three reports or has had three reports made concerning him pursuant to NRS 303067, a committee designated by the Board and consisting of members of the Board shall review the reports and conduct an investigation to determine whether it is necessary or appropriate to initiate disciplinary action pursuant to this chapter against the physician.

2. If, after conducting the investigation, the committee determines that it is necessary or appropriate to initiate disciplinary action pursuant to this chapter against the physician, the committee shall file a formal complaint with the Board.

Sec. 3. NRS 630.3067 is hereby amended to read as follows:

630.3067 1. The insurer of a physician licensed under this chapter and the physician ~~[must]~~ shall report to the Board ~~[any action filed or claim]~~ :

(a) Any action for malpractice filed against the physician not later than 45 days after the physician receives service of a summons and complaint for the action;

(b) Any claim for malpractice against the physician that is submitted to arbitration or mediation ~~[for malpractice or negligence against the physician and the]~~ not later than 45 days after the claim is submitted to arbitration or mediation; and

(c) Any settlement, award, judgment or other disposition of ~~[the]~~ any action or claim ~~[within 30 days after:~~

~~(a) The action was filed or the claim was submitted to arbitration or mediation; and~~

~~(b) The disposition of the action or claim.]~~ described in paragraph (a) or (b) not later than 45 days after the settlement, award, judgment or other disposition.

2. The Board shall report any failure to comply with subsection 1 by an insurer licensed in this state to the Division of Insurance of the Department of Business and Industry. If, after a hearing, the Division of Insurance determines that any such insurer failed to comply with the requirements of subsection 1, the Division may impose an administrative fine of not more than $10,000 against the insurer for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

Sec. 4. NRS 630.339 is hereby amended to read as follows:

630.339 1. If a committee designated by the Board to conduct an investigation of a complaint or conduct an investigation pursuant to section 2 of this act decides to proceed with disciplinary action, it shall bring charges against the licensee. If charges are brought, the Board shall fix a time and place for a formal hearing. If the Board receives a report pursuant to subsection 5 of NRS 228.420, such a hearing must be held within 30 days after receiving the report. The Board shall notify the licensee of the charges brought against him, the time and place set for the hearing, and the possible sanctions authorized in NRS 630.352.

2. The Board, a hearing officer or a panel of its members designated by the Board shall hold the formal hearing on the charges at the time and place designated in the notification. If the hearing is before a panel, at least one member of the Board who is not a physician must participate in this hearing.

Sec. 5. NRS 630.352 is hereby amended to read as follows:

630.352 1. Any member of the Board, except for an advisory member serving on a panel of the Board hearing charges, may participate in the final order of the Board. If the Board, after a formal hearing, determines from a preponderance of the evidence that a violation of the provisions of this chapter or of the regulations of the Board has occurred, it shall issue and serve on the physician charged an order, in writing, containing its findings and any sanctions.

2. If the Board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the physician that the charges have been dismissed. If the disciplinary proceedings were instituted against the physician as a result of a complaint filed against him, the Board may provide the physician with a copy of the complaint.

3. Except as otherwise provided in ~~[subsection 4,]~~ subsections 4 and 5, if the Board finds that a violation has occurred, it may by order:

(a) Place the person on probation for a specified period on any of the conditions specified in the order;

(b) Administer to him a public reprimand;

(d) Suspend his license for a specified period or until further order of the Board;

(e) Revoke his license to practice medicine;

(f) Require him to participate in a program to correct alcohol or drug dependence or any other impairment;

(g) Require supervision of his practice;

(h) Impose a fine not to exceed $5,000;

(i) Require him to perform community service without compensation;

(j) Require him to take a physical or mental examination or an examination testing his competence;

(k) Require him to fulfill certain training or educational requirements; and

(l) Require him to pay all costs incurred by the Board relating to his disciplinary proceedings.

4. If the Board finds that the physician has violated the provisions of NRS 439B.425, the Board shall suspend his license for a specified period or until further order of the Board.

5. If the Board finds that the physician is not competent to practice medicine, the Board shall revoke his license.

Sec. 6. NRS 630.356 is hereby amended to read as follows:

630.356 1. Any person aggrieved by a final order of the Board is entitled to judicial review of the Board’s order.

2. Every order that imposes a sanction against a licensee pursuant to subsection 3 , ~~[or]~~ 4 or 5 of NRS 630.352 or any regulation of the Board is effective from the date the Secretary-Treasurer certifies the order until the date the order is modified or reversed by a final judgment of the court. The court shall not stay the order of the Board pending a final determination by the court.

3. The district court shall give a petition for judicial review of the Board’s order priority over other civil matters which are not expressly given priority by law.

Sec. 7. Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:

1. If, within the immediately preceding 7 years, an osteopathic physician has made three reports or has had three reports made concerning him pursuant to NRS 633.526, the Board shall designate a member of the Board to review the reports and conduct an investigation to determine whether it is necessary or appropriate to initiate disciplinary action pursuant to this chapter against the osteopathic physician.

2. If, after conducting the investigation, the member determines that it is necessary or appropriate to initiate disciplinary action pursuant to this chapter against the osteopathic physician, the member shall file a formal complaint with the Board.

Sec. 8. NRS 633.526 is hereby amended to read as follows:

633.526 1. The insurer of an osteopathic physician licensed under this chapter and the osteopathic physician ~~[must]~~ shall report to the Board ~~[any action filed or claim]~~ :

(a) Any action for malpractice filed against the osteopathic physician not later than 45 days after the osteopathic physician receives service of a summons and complaint for the action;

(b) Any claim for malpractice against the osteopathic physician that is submitted to arbitration or mediation ~~[for malpractice or negligence against the osteopathic physician and the]~~ not later than 45 days after the claim is submitted to arbitration or mediation; and

(c) Any settlement, award, judgment or other disposition of ~~[the]~~ any action or claim ~~[within 30 days after:~~

~~(a) The action was filed or the claim was submitted to arbitration or mediation; and~~

~~(b) The disposition of the action or claim.]~~ described in paragraph (a) or (b) not later than 45 days after the settlement, award, judgment or other disposition.

Sec. 9. NRS 633.621 is hereby amended to read as follows:

633.621 If a formal complaint is filed with the Board pursuant to NRS 33.541 ~~[,]~~ or section 7 of this act, the Secretary of the Board shall fix a time and place for a hearing and cause a notice of the hearing and a formal complaint to be served on the person charged at least 20 days before the date fixed for the hearing. If the Board receives a formal complaint concerning subsection 5 of NRS 228.420, such a hearing must be held within 30 days after receiving the formal complaint.

Sec. 10. NRS 633.651 is hereby amended to read as follows:

633.651 1. The person charged in a formal complaint is entitled to a hearing before the Board, but the failure of the person charged to attend his hearing or his failure to defend himself must not delay or void the proceedings. The Board may, for good cause shown, continue any hearing from time to time.

2. ~~[If]~~ Except as otherwise provided in subsection 3, if the Board finds the person guilty as charged in the formal complaint, it may by order:

(a) Place the person on probation for a specified period or until further order of the Board.

(b) Administer to the person a public reprimand.

(d) Suspend the license of the person to practice osteopathic medicine for a specified period or until further order of the Board.

(e) Revoke the license of the person to practice osteopathic medicine.

The order of the Board may contain such other terms, provisions or conditions as the Board deems proper and which are not inconsistent with law.

3. If the Board finds that the osteopathic physician is not competent to practice osteopathic medicine, the Board shall revoke his license.

Sec. 11. Chapter 41A of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 33, inclusive, of this act.

Sec. 12. As used in sections 12 to 32, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 13, 14 and 15 of this act have the meanings ascribed to them in those sections.

Sec. 13. “Dentist” means a person licensed to practice dentistry or any special branch of dentistry pursuant to chapter 631 of NRS.

Sec. 14. “Division” means the Division of Insurance of the Department of Business and Industry.

Sec. 15. “Health care records” means any written reports, notes, orders, photographs, X-rays or other written record received or produced by a provider of health care, or any person employed by him, which contains information relating to the medical or dental history, examination, diagnosis or treatment of the patient.

Sec. 16. 1. No cause of action involving medical malpractice or dental malpractice may be filed until the medical malpractice or dental malpractice case has been submitted to an appropriate screening panel and a determination has been made by such a panel as provided in sections 12 to 32, inclusive, of this act, and any action filed without satisfying the requirements of those sections is subject to dismissal without prejudice for failure to comply with this section.

2. Except as otherwise provided in subsection 3, the written findings of the screening panel are admissible in any action concerning that claim which is subsequently filed in district court. No other evidence concerning the screening panel or its deliberations is admissible, and no member of the screening panel may be called to testify in any such action.

3. If the screening panel finds that it is unable to reach a decision on the issue of medical malpractice or dental malpractice, the written findings of the screening panel are not admissible in any action concerning that claim which is subsequently filed in district court.

Sec. 17. There are hereby created two tentative screening panels, one to be known as the Northern Panel, from which must be selected screening panels to sit in Reno, Nevada, to hear claims of medical malpractice or dental malpractice arising in the counties of Washoe, Storey, Douglas, Lyon, Churchill, Pershing, Humboldt, Lander, Elko, Eureka, Mineral, White Pine and Carson City, and one to be known as the Southern Panel, from which must be selected screening panels to sit in Las Vegas, Nevada, to hear claims of medical malpractice or dental malpractice arising in the counties of Lincoln, Nye, Esmeralda and Clark.

Sec. 18. 1. For cases involving medical malpractice or dental malpractice, the Board of Governors of the Nevada Trial Lawyers Association may designate 40 of its members to serve on the Northern Tentative Screening Panel and 60 of its members to serve on the Southern Tentative Screening Panel. Each person so designated shall serve for a term of 1 year.

2. For cases involving medical malpractice, the Executive Council of the Nevada State Medical Association may designate 40 of its members to serve on the Northern Tentative Screening Panel and 60 of its members to serve on the Southern Tentative Screening Panel. Each person so designated shall serve for a term of 1 year.

3. For cases involving medical malpractice, the Nevada Hospital Association may designate 40 administrators of hospitals and other persons employed by hospitals in management positions to serve as nonvoting members of the tentative screening panels. Each person so designated shall serve for a term of 1 year.

4. For cases involving dental malpractice, the Nevada Dental Association may designate 40 of its members to serve on the Northern Tentative Screening Panel and 40 of its members to serve on the Southern Tentative Screening Panel. Each person so designated shall serve for a term of 1 year.

Sec. 19. 1. The Commissioner of Insurance shall arrange for courses of instruction in the rules of procedure and substantive law appropriate for members of a screening panel.

2. Each person designated to serve on a tentative screening panel shall attend the instruction provided pursuant to subsection 1 before serving on a particular screening panel.

Sec. 20. 1. The members of a screening panel shall elect one member to serve as chairman.

2. A screening panel is a state agency. The rules adopted pursuant to section 22 of this act apply to all screening panels.

Sec. 21. The provisions of chapter 241 of NRS do not apply to any meeting of a screening panel.

Sec. 22. The Division, through the Commissioner of Insurance:

1. Shall maintain a list of the names of the attorneys, physicians, dentists, administrators of hospitals and persons employed by hospitals in management positions on the Northern Tentative Screening Panel and on the Southern Tentative Screening Panel;

2. Shall select the members of the screening panels;

3. Shall schedule the hearings for the screening panels;

4. Shall obtain, before or after the filing of a claim, such health care records, statements of policy and procedure and other materials as may be required by a screening panel in connection with the claim;

5. Shall charge and collect a reasonable fee for copying materials produced under subpoena;

6. Shall adopt regulations prescribing the fees to be paid to the Division by any party that is not a governmental entity in an amount sufficient to pay:

(a) All administrative costs incurred to create the tentative screening panels, train the members of the tentative screening panels, appoint members to the screening panels and enable such members to carry out the duties of the screening panels; and

(b) Any other costs reasonably incurred in carrying out the purposes of sections 12 to 32, inclusive, of this act;

7. For good cause shown, may authorize a continuance for the proceedings involving a screening panel; and

8. May adopt such rules of practice and procedure as are necessary to carry out its duties pursuant to sections 12 to 32, inclusive, of this act.

Sec. 23. Any money received by the Division pursuant to the provisions of sections 12 to 32, inclusive, of this act must be deposited with the State Treasurer for credit to the account for the Division of Insurance in the State General Fund. The administrative costs of the screening panels must be paid from the account.

Sec. 24. 1. A matter which allegedly involves medical malpractice or dental malpractice is properly presented to a screening panel by filing a claim with the Division and paying any required fee.

2. The claim must include the following, and no other information:

(a) A clear and concise statement of the facts of the matter, showing the persons involved and the dates and circumstances, so far as they are known, of the alleged medical malpractice or dental malpractice. The claim must not contain any statement of fact that is not included within the health care records of the claimant or any statement about the standard of care that was provided to the claimant.

(b) One or more affidavits from medical or dental experts, as appropriate, providing opinions concerning the appropriate standard of care, the breach of the standard of care, how the breach caused the injury and a description of the injury. A screening panel may dismiss a claim if the claim is filed without such an affidavit.

3. The person against whom a claim is made must, within 90 days after receipt of the claim, file an answer with the Division and pay any required fee. The answer may only include:

(a) A clear and concise statement of the facts of the matter, showing the persons involved and the dates and circumstances, so far as they are known, of the medical or dental care provided. The answer must not contain any statement of fact that is not included within the health care records of the claimant or any statement about the standard of care that was provided to the claimant.

(b) One or more affidavits from medical or dental experts, as appropriate, providing opinions concerning the appropriate standard of care, whether there was a breach of the standard of care, whether the breach of that standard of care caused the injury and a description of the injury.

4. The Division may authorize an extension of the time in which an answer must be filed only if all parties to the matter stipulate to the extension. If an answer is not timely filed with the Division, the respondent who failed to file the answer may not participate in any conference held pursuant to section 25 of this act.

5. The claimant may file a written response to the answer with the Division within 30 days after he receives the answer. The response must not contain any statement of fact that is not included within the health care records of the claimant or any statement about the standard of care provided to the claimant. The screening panel shall disregard any portion of the response that does not address a statement in the answer or an affidavit accompanying the answer. One or more additional affidavits from medical or dental experts may be included with the response providing opinions concerning the appropriate standard of care, whether there was a breach of the standard of care, whether the breach of that standard of care caused the injury and a description of the injury. No fee may be charged or collected by the Division for the filing of the response.

6. The Division may authorize an extension of the time in which a response may be filed only if all parties to the matter stipulate to the extension. Unless otherwise stipulated to by all the parties to the matter, the Division may not accept any response that is not timely filed.

7. A copy of any claim, answer or response filed with the Division pursuant to this section must be delivered by the party, by certified or registered mail or by personal service, to each opposing party or, if he is represented in the proceedings of the screening panel by counsel, to his attorney.

Sec. 25. 1. Within 35 days after the expiration of the time in which to answer a claim of medical malpractice or dental malpractice, the Division shall hold a conference to resolve any issues as to challenges for cause. For good cause shown, the Division may continue the conference once, for a period not to exceed 7 days. A party may challenge any person on the tentative screening panel for cause on any of the grounds provided by NRS 16.050 for the challenge of jurors.

2. The Division shall determine whether cause exists to excuse any member of the tentative screening panel and shall notify each party of the excused members no later than the completion of the conference required by subsection 1.

3. Except as otherwise provided in this subsection, each party is entitled to not more than:

(a) Two peremptory challenges from the list of attorneys in cases involving medical malpractice or dental malpractice;

(b) Two peremptory challenges from the list of physicians in cases involving medical malpractice; and

(c) Two peremptory challenges from the list of dentists in cases involving dental malpractice.

In any case in which there are two or more claimants or respondents, they are collectively entitled to not more than four peremptory challenges from the list of members selected for the tentative screening panel. Each party asserting a peremptory challenge shall notify the Division of the challenge at the conference required by subsection 1. If several parties are represented by the same attorney, those parties shall be deemed to be one party for the purpose of determining the distribution of peremptory challenges.

4. In cases involving medical malpractice, the Division shall randomly select, from the list of members of the tentative screening panel who have not been excused for cause or by a peremptory challenge, the names of two physicians, two attorneys and, if a hospital is also named in the claim submitted to the Division, one administrator of a hospital or person employed by a hospital in a management position, to serve on the screening panel for review of a claim of medical malpractice, but the representative of a hospital may not vote on any claim before the screening panel.

5. In cases involving dental malpractice, the Division shall randomly select, from the list of members of the tentative screening panel who have not been excused for cause or by a peremptory challenge, the names of two dentists and two attorneys to serve on the screening panel for review of the claim of dental malpractice.

6. The Division shall notify the parties and the members selected to serve on the screening panel immediately after it has made the selections. If any member so selected declines to serve, the Division shall immediately and randomly select a replacement from the list. The Division shall not release or disclose to any person the names of the members selected.

7. If, because of the exercise of challenges for cause or peremptory challenges or any other reason, no attorney, dentist, physician, administrator of a hospital or other person employed by a hospital in a managerial position designated pursuant to section 18 of this act remains available to serve on the screening panel, the Division shall immediately notify the Nevada Trial Lawyers Association, the Nevada State Medical Association, the Nevada Dental Association or the Nevada Hospital Association, as appropriate, and that association shall immediately designate a replacement from among its members. No person who is not so designated may serve on the screening panel.

Sec. 26. 1. The Division may, by certified or registered mail, issue subpoenas, as may be required by the screening panel, to compel the attendance of medical or dental experts, as appropriate, who may testify only with regard to the health care records of the claimant, and, as may be required by the parties or the screening panel, to compel the production of books, papers, health care records, statements of policy and procedure or other materials.

2. The Division shall keep the material so produced and make it available to the parties, upon request, for inspection or copying. If the material is reasonably capable of being copied, the Division shall provide a copy to the parties, upon request and receipt of a fee for the copying.

3. If the health care record of a claimant is illegible or difficult to read, the claimant may request an explanation of the health care record from the provider of health care who created the record. If the provider of health care fails or refuses to provide a satisfactory explanation, the claimant may request the Division to issue a subpoena to compel the provider of health care to provide a satisfactory explanation.

4. If any medical or dental expert refuses to attend or testify or if any person refuses to produce any materials as required by a subpoena, the Division may report to the district court by petition, setting forth that:

(a) Due notice has been given of the time and place of attendance of the medical or dental expert or for the production of the materials;

(b) The medical or dental expert or the person required to produce the materials has been subpoenaed by the Division pursuant to this section; and

(c) The medical or dental expert has failed or refused to attend or the person has failed or refused to produce the materials required by the subpoena, or has refused to answer questions propounded to him,

and asking for an order of the court compelling the medical or dental expert to attend and testify or the other person to produce the materials.

5. Upon receiving such a petition, the court shall enter an order directing the medical or dental expert or other person to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and show cause why he has not attended or testified or produced the materials. A certified copy of the order must be served upon the medical or dental expert or other person.

6. If it appears to the court that the subpoena was regularly issued by the Division, the court shall enter an order that the medical or dental expert or other person appear at the time and place fixed in the order and testify or produce the required materials, and upon his failure to obey the order, the medical or dental expert or other person must be dealt with as for contempt of court.

Sec. 27. 1. A claim must be heard by a screening panel within 30 days after the panel is selected.

2. The screening panel shall consider all the documentary material, including the claim, answer and response, health care records and records of a hospital or office and the testimony of any medical or dental experts provided by the parties that the panel considers necessary, and shall determine only, from that evidence, whether there is a reasonable probability that the acts complained of constitute medical malpractice or dental malpractice and that the claimant was injured thereby. Except for the issue of whether there is a reasonable probability of medical malpractice or dental malpractice and whether the claimant was injured thereby, the screening panel shall not consider any pleading or paper to the extent that it addresses a legal issue presented by the claim or a legal argument of a party. The screening panel shall not consider challenges concerning any relevant statute of limitation relating to a claim before the panel.

3. Copies of the original claim and of the findings of the screening panel with regard to each matter considered by the panel must be forwarded to:

(a) In cases involving medical malpractice:

(1) The Board of Medical Examiners;

(2) The State Board of Osteopathic Medicine; and

(3) The county medical society of the county in which the alleged malpractice occurred.

(b) In cases involving dental malpractice, the Board of Dental Eaminers of Nevada.

4. The Commissioner of Insurance shall mail to the parties a copy of the findings of the screening panel concerning the claim.

5. The written findings of the screening panel must be based upon a vote of the members of the screening panel made by written ballot, must be rendered within 5 days after the review and must be in substantially the following form:

(a) Based upon a review of the materials submitted by the parties and expert testimony (if any) we find that there is a reasonable probability of medical malpractice or dental malpractice and that the claimant was injured thereby;

(b) Based upon a review of the materials submitted by the parties and expert testimony (if any) we find that there is no reasonable probability of medical malpractice or dental malpractice; or

(c) Based upon a review of the materials submitted by the parties and expert testimony (if any) we are unable to reach a decision on the issue of medical malpractice or dental malpractice.

6. Whenever three members of the screening panel are unable to find that there is a reasonable probability of medical malpractice or dental malpractice and that the claimant was injured thereby or that there is no reasonable probability of medical malpractice or dental malpractice, the screening panel shall be deemed unable to reach a decision on the issue and shall make a finding to that effect.

Sec. 28. 1. If a claimant is 70 years of age or older or suffers from an illness or condition which raises a substantial medical doubt that the claimant will survive until a determination is made by a screening panel, the claimant may file a written request with the Division to give preference in scheduling the hearing of the claim filed by the claimant. The request must set forth facts showing that the claimant is 70 years of age or older or suffers from an illness or condition which raises a substantial medical doubt that the claimant will survive until a determination is made by a screening panel.

2. The Division shall schedule the hearing of claims for which preference has been granted pursuant to subsection 1 based on the order in which the Division received the requests for preference.

Sec. 29. 1. Upon the request of the Division or counsel for a patient, a custodian of any health care records shall not allow any person to review any of those records relevant to a claim filed with the Division before those records are transferred to a requesting party or the authority issuing the subpoena.

2. A violation of this section is punishable as a misdemeanor.

Sec. 30. 1. If a screening panel finds in favor of a claimant and a cause of action involving medical malpractice or dental malpractice is thereafter filed by the claimant in district court, a settlement conference must be held as provided in NRS 41A.081.

2. If the determination of the screening panel is not in favor of the claimant, the claimant may file an action in court. If the claimant does not obtain a judgment in his favor in court, the defendant must be awarded reasonable costs and attorney’s fees incurred after the date of filing the action in court.

3. If the screening panel is unable, for any reason, to reach a decision, the claimant may file a civil action or proceed no further with the claim.

4. If the claimant files a civil action in district court, a person may not be named as a party in the action unless the person was named as a party in the claim which was filed with the Division and considered by the screening panel.

Sec. 31. 1. Unless the written findings of a screening panel are not admissible pursuant to subsection 3 of section 16 of this act, in any action for medical malpractice tried before a jury, the following instructions must be given:

(a) If testimony of an expert was given at the review by the screening panel:

During the course of this trial certain evidence was admitted concerning the findings of a screening panel. The findings of the panel were based upon a review of the medical records of the claimant and the testimony of medical experts based upon the review by the experts of those records. These findings are to be given the same weight as any other evidence, but are not conclusive on your determination of the case.

(b) If testimony of an expert was not given at the review by the screening panel:

During the course of this trial certain evidence was admitted concerning the findings of a screening panel. The findings of the panel were based solely upon a review of the medical records of the claimant. These findings are to be given the same weight as any other evidence, but are not conclusive on your determination of the case.

2. Unless the written findings of a screening panel are not admissible pursuant to subsection 3 of section 16 of this act, in any action for dental malpractice tried before a jury, the following instructions must be given:

(a) If testimony of an expert was given at the review by the screening panel:

During the course of this trial certain evidence was admitted concerning the findings of a screening panel. The findings of the panel were based upon a review of dental records of the claimant and the testimony of experts based upon the review by the experts of those records. These findings are to be given the same weight as any other evidence, but are not conclusive on your determination of the case.

(b) If testimony of an expert was not given at the review by the screening panel:

During the course of this trial certain evidence was admitted concerning the findings of a screening panel. The findings of the panel were based solely upon a review of the dental records of the claimant. These findings are to be given the same weight as any other evidence, but are not conclusive on your determination of the case.

Sec. 32. A screening panel or any of its members acting pursuant to sections 12 to 32, inclusive, of this act that initiates or assists in any proceeding concerning a claim of medical malpractice or dental malpractice against a physician or dentist is immune from any civil action for that initiation or assistance or any consequential damages if the panel or members acted without malicious intent.

Sec. 33. 1. Except as otherwise provided in subsection 2 and except as further limited in subsection 3, in an action for damages for medical malpractice or dental malpractice where the alleged malpractice occurred on or after the effective date of this act, the noneconomic damages awarded to each plaintiff from each defendant must not exceed $350,000, except that if the plaintiff is not entitled to receive economic damages for lost wages the noneconomic damages awarded must not exceed $500,000.

2. In an action for damages for medical malpractice or dental malpractice where the alleged malpractice occurred on or after the effective date of this act, the limitation on noneconomic damages set forth in subsection 1 does not apply in the following circumstances and types of cases:

(a) A case in which the conduct of the defendant is determined to constitute gross malpractice; or

(b) A case in which, following return of a verdict by the jury or a finding of damages in a bench trial, the court determines, by clear and convincing evidence admitted at trial, that an award in excess of the limits on the amount of noneconomic damages that may be awarded to a plaintiff is justified because of exceptional circumstances.

3. Except as otherwise provided in subsection 4, in an action for damages for medical malpractice or dental malpractice where the alleged malpractice occurred on or after the effective date of this act, in the circumstances and types of cases described in subsections 1 and 2, the noneconomic damages awarded to each plaintiff from each defendant must not exceed the amount of money remaining under the professional liability insurance policy limit covering the defendant after subtracting the economic damages awarded to that plaintiff. Irrespective of the number of plaintiffs in the action, in no event may any single defendant be liable to the plaintiffs in the aggregate in excess of the professional liability insurance policy limit covering that defendant.

4. The limitation set forth in subsection 3 does not apply in an action for damages for medical malpractice or dental malpractice unless the defendant was covered by professional liability insurance at the time of the occurrence of the alleged malpractice and on the date on which the insurer receives notice of the claim, in an amount of:

(a) Not less than $1,000,000 per occurrence; and

(b) Not less than $3,000,000 in the aggregate.

5. This section is not intended to limit the responsibility of any defendant for the total economic damages awarded.

6. For the purposes of this section, “gross malpractice” means failure to exercise the required degree of care, skill or knowledge that amounts to:

(a) A conscious indifference to the consequences which may result from the gross malpractice; and

(b) A disregard for and indifference to the safety and welfare of the patient.

Sec. 34. NRS 41A.031 is hereby amended to read as follows:

41A.031 1. Except as otherwise provided in subsection 2 and except as further limited in subsection 3, in an action for damages for medical malpractice or dental malpractice ~~[,]~~ where the alleged malpractice occurred on or after October 1, 2002, but before the effective date of this act, the noneconomic damages awarded to each plaintiff from each defendant must not exceed $350,000.

2. In an action for damages for medical malpractice or dental malpractice ~~[,]~~ where the alleged malpractice occurred on or after October 1, 2002, but before the effective date of this act, the limitation on noneconomic damages set forth in subsection 1 does not apply in the following circumstances and types of cases:

(a) A case in which the conduct of the defendant is determined to constitute gross malpractice; or

(b) A case in which, following return of a verdict by the jury or a finding of damages in a bench trial, the court determines, by clear and convincing evidence admitted at trial, that an award in excess of $350,000 for noneconomic damages is justified because of exceptional circumstances.

3. Except as otherwise provided in subsection 4, in an action for damages for medical malpractice or dental malpractice ~~[,]~~ where the alleged malpractice occurred on or after October 1, 2002, but before the effective date of this act, in the circumstances and types of cases described in subsections 1 and 2, the noneconomic damages awarded to each plaintiff from each defendant must not exceed the amount of money remaining under the professional liability insurance policy limit covering the defendant after subtracting the economic damages awarded to that plaintiff. Irrespective of the number of plaintiffs in the action, in no event may any single defendant be liable to the plaintiffs in the aggregate in excess of the professional liability insurance policy limit covering that defendant.

(a) Not less than $1,000,000 per occurrence; and

(b) Not less than $3,000,000 in the aggregate.

5. This section is not intended to limit the responsibility of any defendant for the total economic damages awarded.

6. For the purposes of this section, “gross malpractice” means failure to exercise the required degree of care, skill or knowledge that amounts to:

(a) A conscious indifference to the consequences which may result from the gross malpractice; and

(b) A disregard for and indifference to the safety and welfare of the patient.

Sec. 35. NRS 41A.097 is hereby amended to read as follows:

41A.097 1. Except as otherwise provided in subsection 3, an action for injury or death against a provider of health care may not be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:

(a) Injury to or the wrongful death of a person occurring before October 1, 2002, based upon alleged professional negligence of the provider of health care;

(b) Injury to or the wrongful death of a person occurring before October 1, 2002, from professional services rendered without consent; or

(c) Injury to or the wrongful death of a person occurring before October 1, 2002, from error or omission in practice by the provider of health care.

2. Except as otherwise provided in subsection 3, an action for injury or death against a provider of health care may not be commenced more than 3 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:

(a) Injury to or the wrongful death of a person occurring on or after October 1, 2002, based upon alleged professional negligence of the provider of health care;

(b) Injury to or the wrongful death of a person occurring on or after October 1, 2002, from professional services rendered without consent; or

(c) Injury to or the wrongful death of a person occurring on or after October 1, 2002, from error or omission in practice by the provider of health care.

3. This time limitation is tolled ~~[for]~~ :

(a) For any period during which the provider of health care has concealed any act, error or omission upon which the action is based and which is known or through the use of reasonable diligence should have been known to him.

(b) In any action governed by the provisions of sections 12 to 32, inclusive, of this act from the date on which a claimant files a claim for review by a screening panel until 30 days after the date on which the screening panel notifies the claimant, in writing, of its findings. The provisions of this paragraph apply to an action against the provider of health care and to an action against any person or governmental entity that is alleged by the claimant to be liable vicariously for the medical malpractice or dental malpractice of the provider of health care, if the provider, person or governmental entity has received notice of the filing of a claim for review by a screening panel within the limitation of time provided in subsection 1.

Sec. 36. NRS 49.245 is hereby amended to read as follows:

49.245 There is no privilege under NRS 49.225 or 49.235:

1. For communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the doctor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization.

2. As to communications made in the course of a court-ordered examination of the condition of a patient with respect to the particular purpose of the examination unless the court orders otherwise.

3. As to written medical or hospital records relevant to an issue of the condition of the patient in any proceeding in which the condition is an element of a claim or defense.

4. In a prosecution or mandamus proceeding under chapter 441A of NRS.

5. As to any information communicated to a physician in an effort unlawfully to procure a dangerous drug or controlled substance, or unlawfully to procure the administration of any such drug or substance.

6. As to any written medical or hospital records which are furnished in accordance with the provisions of NRS 629.061.

7. As to records that are required by chapter 453 of NRS to be maintained.

8. If the services of the physician are sought or obtained to enable or aid a person to commit or plan to commit fraud or any other unlawful act in violation of any provision of chapter 616A, 616B, 616C, 616D or 617 of NRS which the person knows or reasonably should know is fraudulent or otherwise unlawful.

9. In a review before a screening panel pursuant to sections 12 to 32, inclusive, of this act.

Sec. 37. Chapter 690B of NRS is hereby amended by adding thereto a new section to read as follows:

An insurer shall not take any retaliatory action, including, without limitation, cancelling or failing to renew a policy of insurance or renewing a policy of insurance with altered policy or contract terms, against a physician or dentist who, during a settlement conference held pursuant to NRS 1A.081, indicates his desire to settle the claim for or within his policy limits.

Sec. 38. NRS 690B.045 is hereby amended to read as follows:

690B.045 Except as more is required in NRS 630.3067 and 633.526:

1. Each insurer which issues a policy of insurance covering the liability of a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS for a breach of his professional duty toward a patient shall report to the board which licensed the practitioner within ~~[30]~~ 45 days each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for more than $5,000, giving the name and address of the claimant and the practitioner and the circumstances of the case.

2. A practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS who does not have insurance covering liability for a breach of his professional duty toward a patient shall report to the board which issued his license within ~~[30]~~ 45 days of each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for more than $5,000, giving his name and address, the name and address of the claimant and the circumstances of the case.

3. These reports are public records and must be made available for public inspection within a reasonable time after they are received by the licensing board.

Sec. 39. NRS 690B.050 is hereby amended to read as follows:

690B.050 1. Each insurer which issues a policy of insurance covering the liability of a physician licensed under chapter 630 of NRS or an osteopathic physician licensed under chapter 633 of NRS for a breach of his professional duty toward a patient shall report to the Commissioner within ~~[30]~~ 45 days each settlement or award made or judgment rendered by reason of a claim, giving the name and address of the claimant and physician and the circumstances of the case.

2. The Commissioner shall report to the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, within 30 days after receiving the report of the insurer, each claim made and each settlement, award or judgment.

Sec. 40. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in subsection 3, each health care plan offered or issued by a managed care organization that contracts with providers of health care for the provision of health care services to insureds must provide that the managed care organization will enter into a contract with any provider of health care for the provision of covered health care services to its insureds if:

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

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

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 the effective date of this act has the legal effect of including the provisions required by this section, and any provision of the evidence of coverage or renewal thereof that is in conflict with this section is void.

3. The provisions of this section do not apply to any plan for providing welfare benefits for employees of more than one employer as described in NRS 679B.139.

Sec. 41. NRS 41A.071 is hereby repealed.

Sec. 42. Sections 12 to 32, inclusive, of this act do not apply to an action involving medical malpractice or dental malpractice filed before the effective date of this act.

Sec. 43. 1. Until the Division of Insurance of the Department of Business and Industry collects sufficient fees to pay for the administrative costs of the screening panels established pursuant to sections 12 to 32, inclusive, of this act, the Division shall apportion such administrative costs among the Board of Medical Examiners, the State Board of Osteopathic Medicine and the Board of Dental Examiners of Nevada as follows:

(a) The Board of Medical Examiners shall pay a portion of the administrative costs based on the ratio of the number of physicians licensed pursuant to chapter 630 of NRS to the total number of physicians, osteopathic physicians and dentists licensed pursuant to the provisions of chapters 630, 631 and 633 of NRS.

(b) The State Board of Osteopathic Medicine shall pay a portion of the administrative costs based on the ratio of the number of osteopathic physicians licensed pursuant to chapter 633 of NRS to the total number of physicians, osteopathic physicians and dentists licensed pursuant to the provisions of chapters 630, 631 and 633 of NRS.

(c) The Board of Dental Examiners of Nevada shall pay a portion of the administrative costs based on the ratio of the number of dentists licensed pursuant to chapter 631 of NRS to the total number of physicians, osteopathic physicians and dentists licensed pursuant to the provisions of chapters 630, 631 and 633 of NRS.

2. Any money received by the Division of Insurance pursuant to the provisions of this section must be deposited with the State Treasurer for credit to the account for the Division of Insurance in the State General Fund. The administrative costs of the screening panels must be paid from the account.

3. If a board fails to pay its apportioned share of the administrative costs required by this section, the Commissioner of Insurance may refer the nonpayment to the Office of the Attorney General for collection of the apportioned share and any costs incurred.

4. For the purposes of this section, “administrative costs” means:

(a) All costs incurred to create the tentative screening panels, train the members of the tentative screening panels, appoint members to the screening panels and enable such members to carry out the duties of the screening panels; and

(b) Any other costs reasonably incurred in carrying out the purposes of sections 12 to 32, inclusive, of this act.

Sec. 44. 1. For 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 that is issued or renewed on or after the effective date of this act, the insurer shall reduce the premium for the policy to an amount which:

(a) Must be determined by the Commissioner of Insurance; and

(b) Must be less than the premium for the same coverage in effect on the effective date of this act.

2. If, on or after the effective date of this act, a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS applies for the first time for a policy of insurance covering the liability of the practitioner for a breach of his professional duty toward a patient, the premium for the policy:

(a) Must be determined by the Commissioner of Insurance; and

(b) Must be less than the premium for similarly situated risks in effect on the effective date of this act.

3. Any separate affiliate of an insurer, established after the effective date of this act, is subject to the provisions of this section and shall reduce its premiums to amounts which:

(a) Must be determined by the Commissioner of Insurance; and

(b) Must be less than the insurer’s premiums in effect on the effective date of this act.

4. In determining the amount by which premiums must be reduced pursuant to this section, the Commissioner of Insurance shall consider:

(a) Whether the reduction in premiums permits a fair and reasonable return to the insurer; and

(b) Whether the reduction in premiums is otherwise not confiscatory.

5. During the period beginning on the effective date of this act and ending on December 1, 2004:

(a) Premiums reduced pursuant to this section may be increased only in accordance with the provisions of this subsection or chapter 686B of NRS.

(b) An insurer subject to the provisions of this section may apply to the Commissioner of Insurance pursuant to this subsection to increase a premium set pursuant to this section if the premium set pursuant to this section fails to provide a fair and reasonable return to the insurer or is otherwise confiscatory.

(1) Must be in writing;

(2) Must contain a detailed analysis of the reasons the premium set pursuant to this section fails to provide a fair and reasonable return to the insurer or is otherwise confiscatory, including, without limitation, relevant facts and provisions of law; and

(3) Must contain a proposed premium which:

(I) The insurer believes is the minimum premium that provides a fair and reasonable return to the insurer and is otherwise not confiscatory; and

(II) Is equal to or less than the premium charged by the insurer before the reduction pursuant to this section.

(d) After a hearing, the Commissioner of Insurance may approve the application of an insurer pursuant to this subsection, provided that the Commissioner:

(1) Finds that the premium set pursuant to this section fails to provide a fair and reasonable return to the insurer or is otherwise confiscatory; and

(2) Sets the premium at the minimum amount that provides a fair and reasonable return to the insurer and is otherwise not confiscatory.

(e) An insurer who submits an application pursuant to this subsection may charge the premium proposed in the application until the Commissioner of Insurance approves or disapproves the application, provided that:

(1) Upon approval of the application, the insurer immediately begins to charge the premium set by the Commissioner of Insurance pursuant to this subsection and refunds any excess portion of the previously paid premiums, with interest, to the person who paid the premiums; and

(2) Upon disapproval of the application, the insurer immediately begins to charge the premium set pursuant to this section and refunds the excess portion of the previously paid premiums, with interest, to the person who paid the premiums.

(f) If an insurer submits an application pursuant to this subsection, the insurer may not submit another application pursuant to this subsection regarding the same premium until no sooner than 60 days after the date of the decision of approval or disapproval of the Commissioner of Insurance with regard to the first application.

6. Notwithstanding any previous notice of cancellation or renewal, an insurer who has issued 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 that is in effect on the effective date of this act, and has a scheduled date for termination of the policy before December 1, 2004, shall not terminate or cancel that policy before December 1, 2004, or refuse to renew or extend that policy through November 30, 2004, for the purpose of avoiding the reduction in premiums required by this section.

7. An insurer who cancels or fails to renew policies of insurance covering the liability of practitioners licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of their professional duty toward patients at a rate that exceeds the insurer’s average monthly rate of cancellation or failure to renew, respectively, for the preceding 24 months by more than 10 percent during any 30-day period between the effective date of this act and December 1, 2004, is required to show cause immediately to the Commissioner of Insurance why the insurer is not in violation of this section. Any violation of this section is a violation of the Nevada Insurance Code. If the Commissioner of Insurance determines that the reason for the increase in the rate of cancellation of or failure to renew policies is an attempt to circumvent the reduction in premiums required by this section, the Commissioner may take appropriate disciplinary action.

8. For the purposes of this section:

(a) “Insurer” has the meaning ascribed to it in NRS 679A.100.

(b) “Premium” has the meaning ascribed to it in NRS 679A.115.

Sec. 45. 1. Not later than 90 days after the effective date of this act, an insurer subject to the provisions of section 44 of this act shall submit a proposal to reduce premiums to the lowest amount possible that continues to permit a fair and reasonable return to the insurer and is not otherwise confiscatory, taking into consideration the savings experienced and reasonably anticipated as a result of the passage of Assembly Bill No. 1 of the 18th Special Session of the Nevada Legislature.

2. Until the Commissioner of Insurance determines the amount by which an insurer must reduce premiums, the insurer may continue to charge the current premium. Upon such a determination of the Commissioner of Insurance, the insurer shall immediately begin to charge the premium set by the Commissioner of Insurance and refund any excess portion of the previously paid premiums, with interest, to the person who paid the premiums.

Sec. 46. Section 44 of this act expires by limitation on July 1, 2007.

Sec. 47. 1. At the general election held in 2004, the provisions of this act must be submitted to the registered voters of this state, pursuant to Section 2 of Article 19 of the Nevada Constitution, as a different and competing measure enacted by the Legislature on the same subject contained in the initiative petition that was presented to the Legislature by the Secretary of State on February 3, 2003.

2. If the initiative petition that was presented to the Legislature by the Secretary of State on February 3, 2003, is invalidated or for any other reason is not submitted to the registered voters of this state at the general election held in 2004, the provisions of this act also must not be submitted to the registered voters of this state at that general election and are thereafter void.

3. This act shall become law and take effect in the manner set forth in Section 2 of Article 19 of the Nevada Constitution.

TEXT OF REPEALED SECTION

41A.071 Dismissal of action filed without affidavit of medical expert supporting allegations. If an action for medical malpractice or dental malpractice is filed in the district court, the district court shall dismiss the action, without prejudice, if the action is filed without an affidavit, supporting the allegations contained in the action, submitted by a medical expert who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged malpractice.”.

Amend the preamble of the bill, page 1, by deleting lines 1 through 13 and inserting:

“Whereas, The provision of quality medical care is essential to the general health and welfare of the residents of this state; and

Whereas, The practice of medicine is a mixture of art and science and is a dynamic and changing discipline based to a great extent on concepts of probability rather than on absolute certainty; and

Whereas, Regardless of the advances in the practice of medicine, unanticipated medical outcomes may occur during medical treatment because of the unavoidable effects of a disease or the unavoidable result of appropriate medical care; and

Whereas, Unanticipated medical outcomes do not automatically give rise to liability for damages; and

Whereas, Tens of thousands of patients are unfortunately injured each year as a result of inappropriate medical care; and

Whereas, This state is experiencing a health care crisis because increasing costs of malpractice insurance premiums have resulted in a potential breakdown in the delivery and quality of health care in this state; and

Whereas, Certain measures must be taken to provide protection for both the providers of health care and their patients to improve the quality of health care in this state; and

Whereas, A system for screening claims of malpractice by professionals with specialized training and experience will provide such protection for those providers and their patients and will eliminate frivolous claims and resolve meritorious claims; and

Whereas, Reasonable limitations on certain types of damages in malpractice actions will fairly balance the rights of those providers and their patients; and

Whereas, A system for reporting and investigating claims of medical malpractice will provide protection to the public by removing incompetent physicians from the medical profession; and

Whereas, A system for reducing premiums for malpractice insurance will ensure that competent physicians will continue to provide quality medical care in this state; now, therefore,”.

Amend the title of the bill to read as follows:

“AN ACT relating to health care; establishing screening panels for claims for medical malpractice or dental malpractice; increasing the limitation on the amount of noneconomic damages that may be awarded in an action for medical malpractice or dental malpractice in certain circumstances; requiring an investigation of a physician who has had three claims of malpractice reported to the licensing board; making various changes relating to the reporting of claims of medical malpractice; prohibiting an insurer from retaliating against a physician or dentist who indicates a desire to settle a claim during a settlement conference; requiring managed care organizations to enter into contracts for the provision of services with any willing provider in certain circumstances; requiring a temporary reduction in the premiums of malpractice insurance; providing a penalty; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning actions for malpractice against providers of health care, removes certain restrictions by insurers on providers of health care and makes various other changes concerning providers of health care. (BDR 1‑248)”.

Senator Amodei moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 97.

Remarks by Senator Amodei.

Motion carried.

Bill ordered transmitted to the Assembly.

Senate Bill No. 231.

The following Assembly amendments was read:

Amendment No. 575.

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

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

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

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

2. A record of such an impairment; or

3. Being regarded as having such an impairment.

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

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

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

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

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

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

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

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

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

(a) Actual damages;

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

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

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

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

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

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

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

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

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

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

Amendment No. 785.

Amend sec. 4, page 2, by deleting lines 6 through 11 and inserting:

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

Amend sec. 9, page 4, by deleting lines 17 through 24 and inserting:

“ ~~(a) Paragraph (a)]~~ the provisions of subsection 1 is guilty of a misdemeanor [.

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

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

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

Amend the bill as a whole by adding the following Assemblyman as a primary joint sponsor:

Assemblyman Arberry.

Senator Amodei moved that the Senate do not concur in the Assembly amendments to Senate Bill No. 231.

Remarks by Senator Amodei.

Motion carried.

Bill ordered transmitted to the Assembly.

Senate Bill No. 319.

The following Assembly amendments was read:

Amendment No. 884.

Amend the bill as a whole by deleting section 1, renumbering sections 2 through 10 as sections 12 through 20 and adding new sections designated sections 1 through 11, following the enacting clause, to read as follows:

“Section 1. Chapter 686A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

Sec. 2. As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 3. “Adverse action” means a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with any policy.

Sec. 4. “Affiliate” means any company that controls, is controlled by, or is under common control with another company.

Sec. 5. “Consumer credit report” means any written, oral or other communication of information by a consumer reporting agency bearing on the credit worthiness, credit standing or credit capacity of an applicant or policyholder, and which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor to determine:

1. Whether to issue, cancel or renew a policy;

2. The amount of the premium for a policy; or

3. Eligibility for any plan for making payments with regard to a policy.

Sec. 6. “Consumer reporting agency” means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties.

Sec. 7. “Credit information” means any information that is related to credit and derived from a consumer credit report, found on a consumer credit report or provided on an application for a policy. The term does not include information that is not related to credit, regardless of whether it is contained in a consumer credit report or in an application for a policy, or is used to calculate an insurance score.

Sec. 8. “Insurance score” means a number or rating that is derived from an algorithm, computer application, model or other process that is based in whole or in part on credit information for the purposes of predicting the future losses or exposure with regard to an applicant or policyholder.

Sec. 9. The provisions of sections 2 to 11, inclusive, of this act do not apply to a contract of surety insurance issued pursuant to chapter 691B of NRS or any commercial or business policy.

Sec. 10. An insurer that uses information from a consumer credit report shall not:

1. Use an insurance score that is calculated using income, gender, address, zip code, ethnic group, religion, marital status or nationality of the consumer as a factor, or would otherwise lead to unfair or invidious discrimination.

2. Deny, cancel or fail to renew a policy on the basis of credit information unless the insurer also considers other applicable underwriting factors that are independent of credit information and not expressly prohibited by this section.

3. Base renewal rates for a policy upon credit information unless the insurer also considers other applicable factors independent of credit information.

4. Take an adverse action against an applicant or policyholder based on the applicant or policyholder not having a credit card account unless the insurer also considers other applicable factors independent of credit information.

5. Consider an absence of credit information or an inability to calculate an insurance score in underwriting or rating a policy unless the insurer treats the applicant or policyholder as having neutral credit information, as defined by the insurer.

6. Take an adverse action against an applicant or policyholder based on credit information, unless an insurer obtains and uses a credit report issued or an insurance score calculated within 90 days from the date the policy is first written or renewal is issued.

7. Except as otherwise provided in this subsection, use credit information regarding a policyholder without obtaining an updated consumer credit report regarding the policyholder and recalculating the insurance score at least once every 36 months. An insurer does not need to obtain an updated consumer credit report for a policyholder if:

(a) The insurer is treating the policyholder as otherwise approved by the Commissioner.

(b) The policyholder is in the most favorably-priced tier of the insurer and all affiliates of the insurer.

(c) Credit information was not used for underwriting or rating the policyholder when the policy was initially written.

(d) The insurer reevaluates the policyholder at least once every 36 months based upon underwriting or rating factors other than credit information.

8. Use the following as a negative factor in any insurance scoring methodology or in reviewing credit information for the purpose of underwriting or rating a policy:

(a) Credit inquiries not initiated by the applicant or policyholder, or inquiries requested by the applicant or policyholder for his or her own credit information.

(b) Inquiries relating to insurance coverage, if so identified on the consumer credit report.

(c) Collection accounts relating to medical treatment, if so identified on the consumer credit report.

(d) Multiple lender inquiries, if identified on the consumer credit report as being related to home loans or mortgages and made within 30 days of one another, unless only one inquiry is considered.

(e) Multiple lender inquiries, if identified on the consumer credit report as being related to a loan for an automobile and made within 30 days of one another, unless only one inquiry is considered.

(f) Any credit information that does not reflect the usual credit activity of the applicant or policyholder.

Sec. 11. Before December 31 of each even-numbered year, the Commissioner shall prepare a report to the Governor and the Legislature. The report must address:

1. The operation of sections 2 to 11, inclusive, of this act;

2. The efficacy, necessity and desirability of using credit information in making decisions related to insurance;

3. The impacts upon the residents of Nevada of the continued use of credit information in making decisions related to insurance; and

4. Any additional consumer protections identified by the Commissioner for the consideration of the Legislature.”.

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

“AN ACT relating to insurance; restricting the use by an insurer of information included in the consumer credit report of an applicant or policyholder as a basis for making certain determinations and taking certain actions regarding policies of”.

Amendment No. 904.

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

“Section 1. NRS 680A.310 is hereby amended to read as follows:

680A.310 NRS 680A.300 does not apply to any of the following:

1. Life insurance and annuities.

2. Health insurance.

3. Policies covering property in transit while in the possession or custody of any common carrier, or the rolling stock or other property of any common carrier employed by it in the operation and maintenance of its plant and business as a common carrier of freight or passengers, or both.

4. Reinsurance or retrocessions made by or for authorized insurers.

5. Bid bonds issued in connection with any public or private contract.

6. A policy issued to a risk retention group, as defined in NRS 695E.110, or to a member of a risk retention group.

7. A policy issued to a person who is not a resident of this state.”.

Amend sec. 10, page 4, by deleting lines 7 and 8 and inserting:

“(f) Any credit information that reflects extraordinary circumstances in the life of an applicant or policyholder, including, without limitation, divorce and catastrophic illness.”.

Amend the title of the bill, first line, after “insurance;” by inserting: “providing an exception to the counter-signature requirement for certain types of insurance;”.

Senator Townsend moved that the Senate do not concur in the Assembly amendments to Senate Bill No. 319.

Remarks by Senator Townsend.

Motion carried.

Bill ordered transmitted to the Assembly.

Senate Bill No. 370.

The following Assembly amendments were read:

Amendment No. 755.

Amend section 1, page 1, by deleting line 4 and inserting: “property, the board of county commissioners of a county whose population is less than 400,000 may impose a tax at the”.

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

“AN ACT relating to taxation; authorizing the board of county commissioners of certain counties to impose an additional tax on the transfer”.

Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes board of county commissioners of certain counties to impose additional tax on transfer of real property for control of invasive species and certain endemic pests and weeds. (BDR 32‑39)”.

Amendment No. 901.

Amend the bill as a whole by renumbering sections 1 through 16 as sections 3 through 18 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

“Section 1. Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Department shall account separately for all money received pursuant to subsection 3 of NRS 482.181 and shall administer that account pursuant to the provisions of this section. If the balance in the account that has not been committed for expenditure exceeds $300,000 at the end of any fiscal year, the uncommitted amount that exceeds the threshold must be reverted to the counties of origin on a pro rata basis.

2. A county whose population is less than 100,000 in which a tax has been imposed pursuant to section 3 of this act at the maximum amount allowed by law may apply to the Department for a distribution from the account. The total of all distributions in any fiscal year to one county must not exceed the sum obtained by subtracting the amount of the proceeds of the tax imposed pursuant to section 3 of this act for that fiscal year from the amount received by the county from the proceeds of the basic governmental services tax for the fiscal year ending on June 30, 2003.

3. In administering the account, the Department shall adopt by regulation a procedure for making the distributions required by subsection 2. The procedure must ensure that for any fiscal year in which the balance in the account is not sufficient to make distributions to all counties for the maximum amount allowed by law, each county receives a distribution, if requested, of a percentage of the total amount requested by that county that is equal to the percentage of the money requested by all other counties to which distributions are made.

Sec. 2. NRS 371.040 is hereby amended to read as follows:

371.040 The annual amount of the basic governmental services tax throughout the State is ~~[4]~~ 3 cents on each $1 of valuation of the vehicle as determined by the Department.”.

Amend section 1, page 1, by deleting lines 4 through 6 and inserting: “property, the board of county commissioners of each county may impose a tax at the rate of up to $1.20 for each $500 of value, or fraction thereof, on each deed”.

Amend section 1, page 2, by deleting lines 5 through 8 and inserting: “provided in NRS 375.030.”.

Amend sec. 3, page 2, lines 33, 38 and 40, by deleting “1” and inserting “3”.

Amend sec. 5, page 4, line 14, by deleting “1” and inserting “3”.

Amend sec. 15, page 10, line 9, by deleting “1” and inserting “3”.

Amend sec. 16, page 10, line 31, by deleting “1” and inserting “3”.

Amend the bill as a whole by deleting sec. 17, renumbering sec. 18 as sec. 20 and adding a new section designated sec. 19, following sec. 16, to read as follows:

“Sec. 19. NRS 482.181 is hereby amended to read as follows:

482.181 1. Except as otherwise provided in subsection ~~[5,]~~ 6, after deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180, the Department shall certify monthly to the State Board of Examiners the amount of the basic and supplemental governmental services taxes collected for each county by the Department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

2. Any supplemental governmental services tax collected for a county must be distributed only to the county, to be used as provided in NRS 71.045 and 371.047.

3. ~~[The]~~ Before making any distribution of the basic governmental services tax pursuant to subsections 4 and 5, 10 percent of the amount of that tax received or collected for each county must be deposited into a separate account in the State General Fund for distribution by the Department of Taxation as provided in section 1 of this act.

4. After making the distribution set forth in subsection 3, the distribution of the basic governmental services tax received or collected for each county must be made to the county school district within each county before any distribution is made to a local government, special district or enterprise district. For the purpose of calculating the amount of the basic governmental services tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 61.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if, in any fiscal year, the sum of the rate attributable to a district’s debt service in that fiscal year and any rate levied for capital projects pursuant to NRS 387.3285 in that fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

~~[4.]~~ 5. After making the distributions set forth in ~~[subsection 3,]~~ subsections 3 and 4, the remaining money received or collected for each county must be deposited in the Local Government Tax Distribution Account created by NRS 360.660 for distribution to local governments, special districts and enterprise districts within each county pursuant to the provisions of NRS 360.680 and 360.690.

~~[5.]~~ 6. An amount equal to any basic governmental services tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.

~~[6.]~~ 7. The Department shall make distributions of the basic governmental services tax directly to county school districts.

~~[7.]~~ 8. As used in this section:

(a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

(b) “Local government” has the meaning ascribed to it in NRS 360.640.

(1) For the basic governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for each county based on the following percentages:

Carson City......... 1.07 percent Lincoln................ 3.12 percent

Churchill.............. 5.21 percent Lyon.................... 2.90 percent

Clark................... 22.54 percent Mineral................ 2.40 percent

Douglas............... 2.52 percent Nye...................... 4.09 percent

Elko.................... 13.31 percent Pershing.............. 7.00 percent

Esmeralda............ 2.52 percent Storey.................. .19 percent

Eureka.................. 3.10 percent Washoe............. 12.24 percent

Humboldt............ 8.25 percent White Pine.......... 5.66 percent

Lander................. 3.88 percent

(2) For all other basic and supplemental governmental services tax received or collected by the Department, the amount attributable to each county based on the county of registration of the vehicle for which the tax was paid.

(d) “Special district” has the meaning ascribed to it in NRS 360.650.”.

Amend sec. 18, page 12, by deleting line 13 and inserting:

“Sec. 20. This act becomes effective on January 1, 2004.”.

Amend the title of the bill to read as follows:

“AN ACT relating to taxation; reducing the rate of the basic governmental services tax; authorizing each board of county commissioners to impose an additional tax on the transfer of real property; authorizing the distribution of a portion of the proceeds of the basic governmental services tax to reimburse certain counties for a reduction in revenue; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Reduces rate of basic governmental services tax and authorizes counties to impose additional tax on transfer of real property. (BDR 32‑39)”.

Senator McGinness moved that the Senate do not concur in the Assembly amendments to Senate Bill No. 370.

Remarks by Senator McGinness.

Motion carried.

Bill ordered transmitted to the Assembly.

Senate Bill No. 436.

The following Assembly amendment was read:

Amendment No. 729.

Amend sec. 2, page 2, line 3, by deleting “Any” and inserting: “Except as otherwise provided by federal or state law, any”.

Amend sec. 23, page 12, line 41, by deleting “or creditors”.

Amend the bill as a whole by deleting sec. 139 and adding:

“Sec. 139. (Deleted by amendment.)”.

Amend sec. 140, page 75, by deleting line 26 and inserting:

“Sec. 140. Chapter 86 of NRS is hereby amended by adding thereto a new section to read as follows:

“Record” means information that is inscribed on a”.

Amend the bill as a whole by deleting sections 141 and 142 and adding:

“Secs. 141 and 142. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 160 and adding:

“Sec. 160. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sections 174 through 176 and adding:

“Secs. 174-176. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 194 and adding:

“Sec. 194. (Deleted by amendment.)”.

Amend sec. 262, pages 147 and 148, by deleting lines 44 and 45 on page 147 and lines 1 and 2 on page 148, and inserting:

“[3. If the board of county commissioners of a county has adopted an ordinance pursuant to NRS 602.035, a certificate filed pursuant to this section expires 5 years after it is filed with the county clerk.]”.

Amend sec. 263, pages 148 and 149, by deleting lines 9 through 45 on page 148 and lines 1 through 5 on page 149, and inserting:

“(1) His full name;

(2) The street address of his residence or business; and

(3) If the mailing address is different from the street address, the mailing address of his residence or business;

(b) An artificial person required to make annual filings with the Secretary of State to retain its good standing ~~[, its]~~ :

(1) Its name as it appears in the records of the Secretary of State; and

(2) Its mailing address;

(1) The full name of each partner who is a natural person;

(2) The street address of the residence or business of each partner who is a natural person;

(3) If the mailing address is different from the street address, the mailing address of the residence or business of each partner who is a natural person; and

(4) If one or more of the partners is an artificial person described in paragraph (b), the information required by paragraph (b) for each such partner; or

(d) A trust:

(1) The full name of each trustee of the trust;

(2) The street address of the residence or business of each trustee of the trust; and

(3) If the mailing address is different from the street address, the mailing address of the residence or business of each trustee of the trust.

2. The certificate must be:

(a) Signed:

(1) In the case of a natural person, by him;

(2) In the case of an artificial person required to make annual filings with the Secretary of State to retain its good standing, by a person required to sign the annual filing;

(3) In the case of a general partnership, by each of the partners who is a natural person, and if one or more of the partners is an artificial person described in subparagraph (2), by an officer of the corporation or a person required to sign the annual filing; or

(4) In the case of a trust, by each of the trustees; and

(b) Notarized.”.

Amend the bill as a whole by adding a new section designated sec. 263.5, following sec. 263, to read as follows:

“Sec. 263.5. NRS 602.035 is hereby amended to read as follows:

602.035 1. The board of county commissioners of a county may provide, by ordinance, that a certificate filed with the county clerk pursuant to NRS 602.010 expires 5 years after it is filed.

2. If such an ordinance is adopted, on or before the expiration of the certificate, the person doing business in the county under an assumed or fictitious name that does not indicate the real name of each person who owns an interest in the business must file a renewal certificate containing the information required by NRS 602.020 with the county clerk.

3. A renewal certificate filed pursuant to this section:

(a) Expires 5 years after it is filed with the county clerk.

(b) Must include a statement indicating that the renewal certificate expires 5 years after the date on which it is filed with the county clerk.

4. Upon the adoption of such an ordinance, the county clerk shall ~~[cause to be published in a newspaper of general circulation in the county notice that]~~ notify those persons who have filed certificates in the county pursuant to NRS 602.010 that they are required to renew those certificates pursuant to the provisions of this section ~~[.]~~ by:

(a) Publishing such notice in a newspaper of general circulation in the county; and

(b) Mailing such notice to the last known address of those persons.”.

Amend sec. 264, page 149, line 18, after “mailing” by inserting “or street”.

Amend the bill as a whole by deleting sections 265 and 266 and adding:

“Secs. 265 and 266. (Deleted by amendment.)”.

Senator Amodei moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 436.

Remarks by Senator Amodei.

Motion carried.

Bill ordered transmitted to the Assembly.

Senate Bill No. 459.

The following Assembly amendment was read:

Amendment No. 786.

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

“Section 1. NRS 439.630 is hereby amended to read as follows:

439.630 1. The Task Force for the Fund for a Healthy Nevada shall:

(a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:

(1) Promote public health;

(2) Improve health services for children, senior citizens and persons with disabilities;

(3) Reduce or prevent the use of tobacco;

(4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and

(5) Offer other general or specific information on health care in this state.

(b) Establish a process to evaluate the health and health needs of the residents of this state and a system to rank the health problems of the residents of this state, including, without limitation, the specific health problems that are endemic to urban and rural communities.

(c) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to pay for prescription drugs , ~~[and]~~ pharmaceutical services and limited-scope dental and vision benefits for senior citizens pursuant to NRS 439.635 to 439.690, inclusive. From the money reserved to the Department pursuant to this paragraph, the Department shall subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs , ~~[and]~~ pharmaceutical services and limited-scope dental and vision benefits pursuant to NRS 439.635 to 439.690, inclusive. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in carrying out the provisions of NRS 439.635 to 439.690, inclusive. The Department shall submit a quarterly report to the Governor, the Task Force for the Fund for a Healthy Nevada and the Interim Finance Committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.

(d) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for allocation by the Aging Services Division of the Department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:

(1) Respite care or relief of family caretakers;

(2) Transportation to new or existing services to assist senior citizens in living independently; and

(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.

The Aging Services Division of the Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada concerning the independent living needs of senior citizens.

(e) Allocate for expenditure not more than 20 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.

(f) Allocate for expenditure not more than 20 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve health services for children and the health and well-being of persons with disabilities.

(g) Maximize expenditures through local, federal and private matching contributions.

(h) Ensure that any money expended from the Fund for a Healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.

(i) Develop policies and procedures for the administration and distribution of grants and other expenditures to state agencies, political subdivisions of this state, nonprofit organizations, universities and community colleges. A condition of any such grant must be that not more than 8 percent of the grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per fiscal year.

(j) To make the allocations required by paragraphs (e) and (f):

(1) Prioritize and quantify the needs for these programs;

(2) Develop, solicit and accept grant applications for allocations;

(3) Conduct annual evaluations of programs to which allocations have been awarded; and

(4) Submit annual reports concerning the programs to the Governor and the Interim Finance Committee.

(k) Transmit a report of all findings, recommendations and expenditures to the Governor and each regular session of the Legislature.

2. The Task Force may take such other actions as are necessary to carry out its duties.

3. The Department shall take all actions necessary to ensure that all allocations for expenditures made by the Task Force are carried out as directed by the Task Force.

4. To make the allocations required by paragraph (d) of subsection 1, the Aging Services Division of the Department shall:

(a) Prioritize and quantify the needs of senior citizens for these programs;

(b) Develop, solicit and accept grant applications for allocations;

(c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the Interim Finance Committee;

(d) Award grants or other allocations;

(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and

(f) Submit annual reports concerning the grant program to the Governor and the Interim Finance Committee.

5. The Aging Services Division of the Department shall submit each proposed grant which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging Services Division of the Department shall not expend or transfer any money allocated to the Aging Services Division pursuant to this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive.

6. The Department, on behalf of the Task Force, shall submit each allocation proposed pursuant to paragraph (e) or (f) of subsection 1 which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.”.

Amend section 1, page 1, by deleting line 6 and inserting:

“drugs , ~~[and]~~ pharmaceutical services ~~[.]~~ and limited-scope dental and vision benefits.”.

Amend section 1, page 2, by deleting lines 14 and 15 and inserting: “the annual cost of insurance that ~~[provides coverage for prescription drugs and pharmaceutical services,]~~ is made available pursuant to subsection 1, including premiums and”.

Amend section 1, page 2, line 38, after “coverage” by inserting: “for dental or vision benefits or coverage”.

Amend section 1, page 2, by deleting line 45 and inserting: “prescription drugs , ~~[and]~~ pharmaceutical services and limited-scope dental and vision benefits for senior citizens”.

Amend section 1, page 3, by deleting lines 4 and 5 and inserting: “~~[if]~~ to the extent that the Department provides assistance ~~[with prescription drugs and pharmaceutical services for senior citizens]~~ pursuant to subsection 6.”.

Amend the title of the bill to read as follows:

“AN ACT relating to public health; providing subsidies from the Fund for a Healthy Nevada for the coverage of limited-scope dental and vision benefits within the program of subsidies for the provision of prescription drugs and pharmaceutical services to senior citizens; revising the amount of the limit on the income of a senior citizen to qualify for a subsidy for the provision of prescription drugs, pharmaceutical services and limited-scope dental and vision benefits from money in the Fund; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions concerning health benefits for senior citizens subsidized by money in Fund for a Healthy Nevada. (BDR 40‑1247)”.

Senator Rawson moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 459.

Remarks by Senator Rawson.

Motion carried.

Bill ordered transmitted to the Assembly.

SECOND READING AND AMENDMENT

Senate Bill No. 51.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 914.

Amend section 1, page 2, line 7, by deleting “2005:” and inserting “2007:”.

Amend section 1, page 2, line 11, after “dollars” by inserting: “or an equivalent in-kind contribution”.

Amend the title of the bill, fifth line, after “County;” by inserting: “authorizing the matching money required from Elko County to be made up of “in-kind” contributions;”.

Senator Rhoads moved the adoption of the amendment.

Remarks by Senator Rhoads.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 214.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 920.

Amend section 1, page 1, line 1, by deleting “482” and inserting “480”.

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

“1. The Director shall:

(a) Maintain local telephone numbers for persons in this state to report to the Department information concerning alleged violations of subsection 3 of NRS 482.385;

(b) Establish procedures pursuant to which employees of the Department will:

(1) Receive the information reported pursuant to paragraph (a);

(2) Obtain any relevant information available from the Department of Motor Vehicles;

(3) Conduct an investigation of the alleged violation; and

(4) Determine the appropriate action to be taken in response to the information reported pursuant to paragraph (a); and

(c) If the Director determines that a person may be in violation of subsection 3 of NRS 482.385, provide the name and address of the person, and any other information he deems to be pertinent, to a local law enforcement agency.

2. The Department and each local law enforcement agency shall maintain a record of any contacts with and investigations of any persons alleged to be in violation of subsection 3 of NRS 482.385.”.

Amend sec. 2, page 2, by deleting lines 29 through 33 and inserting: “which he owns and which is operated in this state.”.

Amend sec. 2, page 3, line 8, by deleting “vehicle” and inserting “~~[vehicle]~~ person”.

Amend sec. 2, page 3, line 9, by deleting “it” and inserting: “~~[it]~~ the vehicle”.

Amend sec. 2, page 3, between lines 14 and 15 by inserting:

“9. A citation must be issued to any person who fails to register a vehicle within 10 days after the last day allowed for timely registration pursuant to subsection 3. Any person who violates the provisions of subsection 3 shall be punished:

(a) For each vehicle for which the person is in violation of subsection 3, by a fine:

(1) Of $50 for the first 30 days the person is late in registering the vehicle; and

(2) Of $25 for each additional 30 days the person is late in registering the vehicle; or

(b) By a sentence to perform not less than 8 hours or more than 350 hours of community service.”.

Amend sec. 3, page 3, by deleting lines 15 through 20 and inserting:

“Sec. 3. 1. There is hereby appropriated from the State Highway Fund to the Department of Public Safety the sum of $100,000 for the costs related to a multimedia advertising campaign to inform the public about:

(a) The local telephone numbers maintained pursuant to section 1 of this act and their purpose; and

(b) The statutory requirements for the registration of vehicles in this state.”.

Amend the title of the bill by deleting the second through seventh lines and inserting: “Department of Public Safety to maintain local telephone numbers for reporting and to establish procedures for investigating certain violations relating to the registration of a vehicle; providing a penalty; making an appropriation; and providing other matters properly”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senators Raggio, Carlton and Nolan.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 495.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 889.

Amend sec. 4, page 2, line 12, after “municipality” by inserting: “in a county whose population is less than 400,000”.

Amend sec. 4, page 2, by deleting lines 19 and 20 and inserting: “the deduction of a sum equal to 0.75 percent of the amount of those proceeds; and”.

Amend sec. 4, page 2, by deleting lines 25 and 26 and inserting: “the deduction of 0.75 percent of the amount of those proceeds.”.

Amend sec. 4, page 2, line 30, after “The” by inserting: “governing body determines that no retailers have maintained a fixed place of business in the improvement district at any time from the first day of the fiscal year in which the assessment ordinance is adopted until the date of the adoption of the ordinance;

(b) Except as otherwise provided in subsection 3, the”.

Amend sec. 4, page 3, by deleting lines 1 through 9 and inserting:

“(c) The Commission on Tourism determines, at a public hearing conducted at least 15 days after providing notice of the hearing by publication, that a preponderance of the increase in the proceeds from sales and use taxes identified pursuant to paragraph (b) will be attributable to transactions with tourists who are not residents of this state; and

(d) The Governor determines that the project and the pledge of money authorized by subsection 1 will contribute significantly to economic development and tourism in this state. Before making that determination, the Governor:

(1) Must consider the fiscal effects of the pledge of money on educational funding, including any fiscal effects described in comments provided pursuant to section 6 of this act by the school district in which the improvement district is located, and for that purpose may require the Department of Education or the Department of Taxation, or both, to provide him with an appropriate fiscal report; and

(2) If the Governor determines that the pledge of money will have a substantial adverse fiscal effect on educational funding, may require a commitment from the municipality for the provision of specified payments to the school district in which the improvement district is located during the term of the pledge of money. The payments may be provided pursuant to agreements authorized by section 6 of this act or from sources other than the owners of property within the improvement district. Such a commitment by a municipality is not subject to the limitations of subsection 1 of NRS 354.626 and, notwithstanding any other law to the contrary, is binding on the municipality for the term of the pledge of money authorized by subsection 1.

3. Any determination or approval made pursuant to subsection 2 is conclusive in the absence of fraud or gross abuse of discretion. If an improvement district is created by a municipality that is not a county and the board of county commissioners refuses to make the determinations required by paragraph (b) of subsection 2, the governing body of the municipality may request the Commission on Tourism to make those determinations. The Commission on Tourism shall make those determinations if a majority of the members of the Commission on Tourism agree that the refusal was unreasonable. If those determinations are made by the Commission on Tourism pursuant to this subsection, those determinations shall be deemed to be as conclusive as determinations made by the board of county commissioners pursuant to paragraph (b) of subsection 2, and to satisfy the requirements of that paragraph.”.

Amend sec. 5, page 3, by deleting lines 15 through 25 and inserting: “agreement specifying the dates and procedure for distribution to the”.

Amend sec. 5, page 3, line 28, by deleting “(a)” and inserting “1.”.

Amend sec. 5, page 3, line 30, by deleting “(b)” and inserting “2.”.

Amend sec. 6, page 4, line 18, after “3.” by inserting: “Before making any determination pursuant to subsection 2, the governing body of a municipality shall provide to the board of trustees of the school district in which the improvement district is located, at least 45 days before making the determination:

(a) Written notice of the time and place of the meeting at which the governing body will consider making the determination; and

(b) Each analysis prepared by or for or presented to the governing body regarding the fiscal effect of the project and the pledge authorized pursuant to section 4 of this act on the provision of local governmental services, including education.

After the receipt of that notice and before the date of that meeting of the governing body of the municipality, the board of trustees shall conduct a hearing regarding the fiscal effect, if any, of the project and the pledge authorized pursuant to section 4 of this act on the school district, and submit to the governing body any comments regarding that fiscal effect. The governing body shall consider those comments when making any determination pursuant to subsection 2 and may consider those comments when determining the terms of any agreement pursuant to subsection 1.

4.”.

Amend sec. 9, page 5, line 31, after “municipality” by inserting: “in a county whose population is less than 400,000”.

Amend sec. 11, pages 6 and 7, by deleting lines 40 through 43 on page 6 and lines 1 and 2 on page 7, and inserting: “the unused portion ~~[shall]~~ must be :

(a) Except as otherwise provided in paragraph (b), applied to the next ensuing installment or installments of principal and interest ; or

(b) If the credit is derived from money pledged pursuant to an assessment ordinance adopted in accordance with section 4 of this act, remitted to the State Controller for distribution in the manner set forth in subsection 2 of section 12 of this act,”.

Amend sec. 12, page 7, line 29, by deleting “act.” and inserting: “act, in the following order of priority:

(a) First, to the credit of the county school district fund for the county in which the improvement district is located to the extent that the money would have been transferred to that fund, if not for the pledge of the money pursuant to the assessment ordinance, pursuant to paragraph (e) of subsection 3 of NRS 374.785 for the fiscal year in which the State Controller receives the money;

(b) Second, to the State General Fund to the extent that the money would not have been appropriated, if not for the pledge of the money pursuant to the assessment ordinance, pursuant to paragraph (a) of subsection 1 for the fiscal year in which the State Controller receives the money; and

(c) Third, to the credit of any other funds and accounts to which the money would have been distributed, if not for the pledge of the money pursuant to the assessment ordinance, for the fiscal year in which the State Controller receives the money.

3. The Nevada Tax Commission may adopt such regulations as it deems appropriate to ensure the proper collection and distribution of any money pledged pursuant to an assessment ordinance adopted in accordance with section 4 of this act.”.

Amend sec. 13, page 7, by deleting lines 42 through 44 and inserting: “collected in each county during the preceding month to the appropriate account in the State General Fund as”.

Amend sec. 13, page 8, by deleting lines 3 through 5 and inserting: “not maintaining a fixed place of business within this state to the appropriate account in the State General Fund”.

Amend sec. 14, page 8, line 35, by deleting “377.057,” and inserting: “377.057 and section 12 of this act,”.

Amend sec. 14, page 8, by deleting lines 38 and 39 and inserting: “during the preceding month to the appropriate”.

Amend the bill as a whole by renumbering sec. 18 as sec. 20 and adding new sections designated sections 18 and 19, following sec. 17, to read as follows:

“Sec. 18. Notwithstanding any other provision of this act and the terms of any ordinance adopted in accordance with section 4 of this act, the provisions of this act do not require the distribution of any money remitted to the State before July 1, 2005, unless the Department of Taxation determines that it is reasonably feasible to make such a distribution.

Sec. 19. The governing body of a municipality which before January 1, 2007, pledges any money pursuant to an assessment ordinance adopted in accordance with section 4 of this act shall, on or before February 1, 2007, submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report regarding:

1. The project for which the money was pledged; and

2. The fiscal effect of the project and the pledge of money on the provision of local governmental services, including education, within the county in which the municipality is located.”.

Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:

“Whereas, The State Legislature recognizes the importance of economic development and tourism to the State of Nevada and the need to compete effectively with other states in the promotion of economic development and tourism; and

Whereas, It is the intention of the State Legislature for the provisions of this act to be carried out for the promotion of economic development and tourism in the State of Nevada and for no other purpose; now, therefore,”.

Senator McGinness moved the adoption of the amendment.

Remarks by Senators McGinness.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 13.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 921.

Amend sec. 3, page 3, by deleting lines 32 and 33 and inserting: “guilty shall sentence the defendant to life imprisonment without the possibility of parole or impanel a new jury to determine the sentence.”.

Senator Care moved the adoption of the amendment.

Remarks by Senator Care.

Amendment adopted.

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

Assembly Bill No. 29.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 919.

Amend section 1, page 1, line 10, by deleting “$5” and inserting “$7”.

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. 286.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 912.

Amend sec. 3, page 3, by deleting lines 42 and 43 and inserting: “for the benefit of all state officers and employees and other persons who participate in the Program.”.

Amend sec. 3, page 4, by deleting lines 7 through 18 and inserting: “rates and coverage for active and retired state officers and employees and their dependents, commingle the claims experience of such active and retired officers and employees and their dependents.

(b) Except as otherwise provided in this paragraph, negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 that wishes to obtain group insurance for its active and retired officers ~~[, employees and retired]~~ and employees and their dependents by participation in the Program. The Board shall establish separate rates and coverage for ~~[those officers, employees and retired]~~ active and retired officers and employees of those public agencies and their dependents based on actuarial reports ~~[.]~~ that commingle the claims experience of such active and retired officers and employees and their dependents.”.

Amend sec. 4, page 6, by deleting lines 41 through 44 and inserting:

“(b) The rates set forth in the contract are based on :

(1) For active and retired state officers and employees and their dependents, the commingled claims experience of such active and retired ~~[state]~~ officers and employees and their dependents; and

(2) For active and retired officers and employees of public agencies enumerated in NRS 287.010 that contract with the Program to obtain group insurance by participation in the Program and their dependents, the commingled claims experience of such active and retired officers and employees and their dependents.”.

Amend sec. 10, page 11, by deleting line 14 and inserting:

“Sec. 10. 1. This section and section 8 of this act become effective on July 1, 2003.

2. Sections 1 to 7, inclusive, and 9 of this act become effective on October 1, 2003.”.

Amend the title of the bill by deleting the seventh through tenth lines and inserting: “government to ensure that rates established for coverage for their programs of group insurance are the same for all participants; requiring the Board of the Public Employees’ Benefits Program to establish rates and coverage for active and retired officers and employees of local governments that participate in the Program and their dependents based on the separate commingled claims experience of those active and retired officers and employees and their dependents; providing a period of open”.

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. 395.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 913.

Amend sec. 3, page 1, line 11, by deleting “or”.

Amend sec. 3, page 1, line 14, by deleting “retardation.” and inserting: “retardation; or

3. A facility for intermediate care that is owned or operated by the State of Nevada or any political subdivision of the State of Nevada.”.

Amend sec. 4, page 2, line 2, by deleting “449.0039.” and inserting: “449.0039, but does not include a facility for skilled nursing that is owned or operated by the State of Nevada or any political subdivision of the State of Nevada.”.

Amend sec. 8, page 3, between lines 19 and 20 by inserting:

“5. If federal law or regulation prohibits the money in the Fund to Increase the Quality of Nursing Care from being used in the manner set forth in this section, the rates paid to nursing facilities for providing services pursuant to the Medicaid Program must be changed:

(a) Except as otherwise provided in paragraph (b), to the rates paid to such facilities on July 1, 2003; or

(b) If the Legislature or the Division of Health Care Financing and Policy has on or after July 1, 2003, changed the rates paid to such facilities through a manner other than the use of expenditures from the Fund to Increase the Quality of Nursing Care, to the rates provided for by the Legislature or the Division of Health Care Financing and Policy.”.

Amend the title of the bill, second line, after “and on” by inserting “certain”.

Amend the summary of the bill to read as follows:

“SUMMARY―Provides for assessment of fee on certain facilities for intermediate care and on certain facilities for skilled nursing. (BDR 38‑999)”.

Senator Titus moved the adoption of the amendment.

Remarks by Senator Titus.

Amendment adopted.

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

UNFINISHED BUSINESS

Consideration of Assembly Amendments

Senate Bill No. 19.

The following Assembly amendment was read:

Amendment No. 809.

Amend sec. 8, page 5, line 31, by deleting: “~~[paragraph (b) of subsection 1]~~ subsection 2” and inserting: “paragraph (b) of subsection 1”.

Amend sec. 8, page 5, line 34, after “inclusive,” by inserting: “and sections 2, 3 and 4 of this act,”.

Amend sec. 9, page 7, line 35, by deleting “~~[1.]~~” and inserting “1.”.

Amend sec. 9, page 7, by deleting lines 38 through 45 and inserting:

“(a) NRS 338.1377 to 338.139, inclusive ~~[;]~~ , and sections 2, 3 and 4 of this act; or

(b) NRS 338.143 to 338.148, inclusive ~~[.]~~ , and sections 5, 6 and 7 of this act.

2. The provisions of NRS 338.1375 to 338.1383, inclusive, and 338.139 and sections 2 to 7, inclusive, of this act do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.313 to 408.433, inclusive.”.

Amend sec. 10, page 8, line 5, by deleting: “~~[paragraph (a) of]~~” and inserting: “paragraph (a) of”.

Amend sec. 10, page 9, line 35, by deleting: “; ~~[or 408.327;]~~” and inserting “or 408.327;”.

Amend sec. 11, page 10, line 5, by deleting: “~~[paragraph (a) of]~~” and inserting: “paragraph (a) of”.

Amend sec. 11, page 11, line 36, by deleting: “; ~~[or 408.327;]~~” and inserting “or 408.327;”.

Amend sec. 13, page 15, line 23, by deleting: “~~[paragraph (b) of subsection 1]~~ subsection 2” and inserting: “paragraph (b) of subsection 1”.

Amend sec. 13, page 16, line 40, by deleting: “; ~~[or 408.327;]~~” and inserting “or 408.327;”.

Amend sec. 14, page 17, lines 9 and 10, by deleting: “~~[paragraph (b) of subsection 1]~~ subsection 2” and inserting: “paragraph (b) of subsection 1”.

Amend sec. 14, page 18, line 32, by deleting: “; ~~[or 408.327;]~~” and inserting “or 408.327;”.

Amend the bill as a whole by deleting sections 16 and 17 and adding:

“Secs. 16 and 17. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sections 20 through 26 and adding:

“Secs. 20-26. (Deleted by amendment.)”.

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

Amend the title of the bill by deleting the seventh through tenth lines and inserting: “from certain duties; and providing other”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes relating to advertising and awarding contracts for certain smaller public works projects. (BDR 28‑409)”.

Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 19.

Remarks by Senator O'Connell.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 78.

The following Assembly amendment was read:

Amendment No. 735.

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 319.140 is hereby amended to read as follows:

319.140 1. The Division shall administer the provisions of this chapter. The Administrator may adopt, amend or rescind regulations, consistent with the provisions of this chapter, appropriate to carry out its purposes.

2. The Administrator may make copies of all proceedings and other records and documents of the Division and issue certificates under the seal of the Division to the effect that the copies are true copies, and all persons dealing with the Division may rely upon such certificates.

3. The Division may ~~[employ]~~ :

(a) Employ or contract for the services of attorneys, accountants, financial experts and any other advisers, employees, consultants and agents as the Administrator may determine to be necessary ~~[.]~~ ; and

(b) Develop or purchase, lease or otherwise acquire one or more information systems that the Division determines are necessary or convenient for the exercise of its powers and duties pursuant to this chapter and acquire any consulting, support or other service for such information systems.

4. Before September 1 of each even-numbered year, the Division shall submit a report of its activities for the biennium ending June 30 of that year to the Governor, State Treasurer and the Legislature. Each such report ~~[shall]~~ must set forth a complete operating and financial statement of the Division during such biennium. The Division shall cause an audit of its books and accounts to be made at least once in each fiscal year by a certified public accountant. The certified public accountant may audit the Division’s books and accounts for consecutive audit periods as requested by the Division.”.

Amend the bill as a whole by renumbering sections 3 through 6 as sections 5 through 8 and adding a new section designated sec. 4, following sec. 2, to read as follows:

“Sec. 4. NRS 319.190 is hereby amended to read as follows:

319.190 1. The Division may make, undertake commitments to make and participate with lending institutions in the making of mortgage loans ~~[,]~~ and may make temporary loans and advances in anticipation of mortgage loans ~~[, and issue letters of credit pursuant to subsection 2]~~ to finance the acquisition, construction or rehabilitation of residential housing, including , without limitation, multifamily housing. Any loan made by the Division pursuant to this section must be insured or guaranteed unless it is financed by an issue of obligations of the Division that are insured or secured by surety bonds, letters of credit not issued by the Division, guaranties or other means of assuring repayment of those obligations. Such loans may be made ~~[or letters of credit issued]~~ only after a determination by the Administrator that mortgage loans ~~[or letters of credit]~~ are not otherwise available from private lenders upon reasonable equivalent terms and conditions.

2. The Division may issue a letter of credit to finance the acquisition, construction or rehabilitation of residential housing, including, without limitation, multifamily housing, only if ~~[sufficient]~~ :

(a) At the time a letter of credit is issued, the Division has a credit rating within one of the three highest rating categories of a nationally recognized rating agency;

(b) Sufficient reserves in the funds established by the Division are deposited in a separate account to be used to pay any liabilities that may be incurred by issuing the letter of credit ~~[.]~~ ;

(c) The aggregate amount of outstanding letters of credit issued by the Division ~~[must]~~ and the proposed letter of credit does not exceed $5,000,000 ~~[.]~~ ; and

(d) The Administrator has determined that a letter of credit is not otherwise available from a private lender upon reasonable equivalent terms and conditions.”.

Amend sec. 5, page 5, lines 28 and 29, by deleting: “2001 . ~~[, and expires by limitation on July 1, 2003.]~~” and inserting: “2001, and expires by limitation on July 1, ~~[2003.]~~ 2009.”.

Amend sec. 6, page 5, by deleting line 30 and inserting:

“Sec. 8. 1. This section and sections 1, 3, 5, 6 and 7 of this act become effective on July 1, 2003.

2. Sections 1 and 3 of this act expire by limitation on June 30, 2009.

3. Sections 2 and 4 of this act become effective on July 1, 2009.”.

Amend the title of the bill by deleting the fourth through seventh lines and inserting: “revising the provisions governing the issuance of letters of credit by the Division; increasing the permissible aggregate principal amount of the outstanding obligations of the Division; extending the prospective expiration of”.

Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 78.

Remarks by Senator O'Connell.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 100.

The following Assembly amendment was read:

Amendment No. 744.

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

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

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

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

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

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

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

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

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

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

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

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

Amend sec. 54, page 21, line 10, by deleting “A” and inserting:

“~~[A]~~ Except as otherwise provided in section 47.5 of this act, a”.

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

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

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

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

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

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

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

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

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

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

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

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

(a) The secretary or”.

Amend sec. 62, page 30, by deleting lines 16 through 19 and inserting:

“~~6.]~~ (b) Each unit’s owner must be provided with at least 15 days after the date the secret written ballot is mailed to the unit’s owner to return the secret written ballot to the association.

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

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

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

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

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

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

Amend sec. 63, page 31, by deleting lines 16 through 18 and inserting:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 100.

Remarks by Senator Townsend.

Motion carried by a two-thirds majority.

Bill ordered enrolled.

Senate Bill No. 112.

The following Assembly amendment was read:

Amendment No. 873.

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

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

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

(1) A fee of $25; and

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

(I) Reversing the status of the entities in the records of the Office of the Secretary of State; and

(II) Recouping any fees charged for services rendered by the Office of the Secretary of State to the entities, including, without limitation, fees charged for providing service pursuant to paragraph (d), providing copies or issuing certificates.

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

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

Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 112.

Remarks by Senator O'Connell.

Motion carried by a two-thirds majority.

Bill ordered enrolled.

Senate Bill No. 146.

The following Assembly amendment was read:

Amendment No.637.

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

“Section 1. NRS 332.015 is hereby amended to read as follows:

332.015 For the purpose of this chapter, unless the context otherwise requires, “local government” means:

1. Every political subdivision or other entity which has the right to levy or receive money from ad valorem taxes or other taxes or from any mandatory assessments, including counties, cities, towns, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, 450, 473, 474, 539, 541, 543 and 555 of NRS.

2. The Las Vegas Valley Water District created pursuant to the provisions of chapter 167, Statutes of Nevada 1947, as amended.

3. County fair and recreation boards and convention authorities created pursuant to the provisions of NRS 244A.597 to ~~[244A.667,]~~ 244A.655, inclusive.

4. District boards of health created pursuant to the provisions of NRS 439.370 to 439.410, inclusive.

5. The Nevada Rural Housing Authority.”.

Amend section 1, page 2, line 22, by deleting “and” and inserting “~~[and]~~”.

Amend section 1, page 2, line 23, after “(o)” by inserting: “Commercial advertising within a recreational facility operated by a county fair and recreation board; and

(p)”.

Amend the bill as a whole by renumbering sec. 3 as sec. 7 and adding new sections designated sections 4 through 6, following sec. 2, to read as follows:

“Sec. 4. NRS 244A.599 is hereby amended to read as follows:

244A.599 1. Whenever the board of county commissioners of any county or the Board of Supervisors of Carson City desires the powers granted in NRS 244A.597 to ~~[244A.667,]~~ 244A.655, inclusive, to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of those powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244A.597 to ~~[244A.667,]~~ 244A.655, inclusive. After approval of the resolution, the county or city clerk shall:

(a) Cause a copy of the resolution to be published promptly once in a newspaper published in and of general circulation in the county or city; and

(b) In the case of a county, cause a certified copy of the resolution to be mailed by registered or certified mail to the mayor or other chief executive officer of each incorporated city within the county.

2. In counties whose population is 100,000 or more, the county fair and recreation board must be selected as provided in NRS 244A.601 or 244A.603.

3. In counties whose population is less than 100,000, and in which there are more than two incorporated cities, each incorporated city, except an incorporated city which is the county seat, must be represented by one member and any incorporated city which is the county seat must be represented by four members. Within 30 days after the day of publication of the resolution or the day on which the last of the copies of the resolution was mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city council or board of trustees to serve on the board for the remainder of his or their terms of office. The clerk or secretary of the city shall promptly certify the appointment by registered or certified mail to the county clerk.

4. In counties whose population is less than 100,000, and in which there are only two incorporated cities, each incorporated city must be represented by one member who must be appointed and certified as provided in subsection 3, and the board of county commissioners shall appoint four representatives as follows:

(a) Two members to represent the hotel or motel operators in the county.

(b) One member to represent the other commercial interests in the county.

5. In counties whose population is less than 100,000, and in which there are fewer than two incorporated cities, any incorporated city which is the county seat must be represented by one member, who must be appointed and certified as provided in subsection 3, and the board of county commissioners shall appoint three representatives as follows:

(a) One member to represent the motel operators in the county.

(b) One member to represent the hotel operators in the county.

6. In all counties whose population is less than 100,000, one member of the board of county commissioners must be appointed by the county commissioners to serve on the board for the remainder of his term of office.

7. In all counties whose population is less than 100,000, and in which there is no incorporated city, the board of county commissioners shall appoint one member to represent the county at large.

8. In Carson City, the Board of Supervisors shall appoint five representatives to the fair and recreation board established as provided in subsection 1 as follows:

(a) Two members to represent the hotel and motel operators in the city.

(b) One member to represent the other commercial interests in the city.

(d) One member to represent the city at large.

9. Members who are not elected officials shall serve for 2‑year terms.

10. The terms of all elected officials are coterminous with their terms of office. Any such member may succeed himself.

Sec. 5. NRS 244A.629 is hereby amended to read as follows:

244A.629 1. In addition to the powers conferred upon a county fair and recreation board by other provisions of NRS 244A.597 to ~~[244A.667,]~~ 244A.655, inclusive, a board, for the county, is empowered to borrow money or accept contributions, grants or other financial assistance from the Federal Government or any agency or instrumentality thereof, corporate or otherwise, for or in aid of any recreational facility within its area of operation, and to comply with such conditions, trust indentures, leases or agreements as may be necessary, convenient or desirable.

2. The purpose and intent of NRS 244A.597 to ~~[244A.667,]~~ 244A.655, inclusive, is to authorize every county to do any and all things necessary, convenient or desirable to secure the financial aid or cooperation of the Federal Government in the undertaking, acquisition, construction, maintenance or operation of any recreational facility of the county.

Sec. 6. NRS 244A.657, 244A.659, 244A.661, 244A.663, 244A.665 and 244A.667 are hereby repealed.”.

Amend the bill as a whole by adding the leadlines of repealed sections, following sec. 3, to read as follows:

TEXT OF REPEALED SECTION

244A.657 Use of recreational facility and rental or lease of space in facility for commercial advertising authorized.

244A.659 Procedure for rental or lease of space in facility.

244A.661 Resolution of intent to lease: Contents.

244A.663 Resolution of intent to lease: Notice.

244A.665 Opening and examination of sealed proposals; acceptance or rejection of proposals.

244A.667 Oral bids; final acceptance or rejection of bid; execution of lease.”.

Amend the title of the bill, sixth line, by deleting “state;” and inserting: “state and commercial advertising within a recreational facility operated by a county fair and recreation board;”.

Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 146.

Remarks by Senator O'Connell.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 176.

The following Assembly amendment was read:

Amendment No. 636.

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

Amend section 1, pages 1 and 2, by deleting lines 5 through 10 on page 1 and lines 1 through 11 on page 2, and inserting: “278.260, 278.315, 278.4789 or 278.480, the governing body or other entity shall retain:

1. A copy of the notice;

2. A list of the persons or governmental entities to which the notice was addressed; and

3. A record of the date on which the notice was deposited in the United States mail, postage prepaid, or, if applicable, sent by electronic means.”.

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

“AN ACT relating to land use planning; requiring the retention of certain information regarding notice provided for certain hearings;”.

Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 176.

Remarks by Senator O'Connell.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 181.

The following Assembly amendment was read:

Amendment No. 646.

Amend section 1, page 2, line 39, after “street” by inserting: “that is depicted in the streets and highways plan of the master plan described in paragraph (p) of subsection 1 of NRS 278.160 which has been adopted for the community”.

Amend section 1, page 2, line 40, after “park.” by inserting: “The term does not include the vacation of a street that is not depicted in the streets and highways plan of the master plan described in paragraph (p) of subsection 1 of NRS 278.160 which has been adopted for the community.”.

Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 181.

Remarks by Senator O'Connell.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 262.

The following Assembly amendment was read:

Amendment No. 795.

Amend section 1, page 1, line 6, by deleting “mail” and inserting “means”.

Amend sec. 2, page 2, line 40, by deleting “mail” and inserting “means”.

Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 262.

Remarks by Senator O'Connell.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 309.

The following Assembly amendment was read:

Amendment No. 794.

Amend sec. 8, page 2, line 41, before “The” by inserting “1.”.

Amend sec. 8, page 2, line 42, by deleting “1.” and inserting “(a)”.

Amend sec. 8, page 3, line 1, by deleting “2.” and inserting “(b)”.

Amend sec. 8, page 3, line 7, by deleting “3.” and inserting “(c)”.

Amend sec. 8, page 3, line 14, by deleting “4.” and inserting “(d)”.

Amend sec. 8, page 3, line 17, by deleting “5.” and inserting “(e)”.

Amend sec. 8, page 3, line 22, by deleting “6.” and inserting “(f)”.

Amend sec. 8, page 3, between lines 24 and 25, by inserting:

“2. The Advisory Committee may establish a panel to assist the Advisory Committee in carrying out its duties and responsibilities. The panel may consist of:

(a) Representatives of organizations, associations, groups or other entities committed to improving participatory democracy in this state, including, without limitation, representatives of committees that are led by youths and established to improve the teaching of the principles of participatory democracy in the schools, colleges and universities of this state; and

(b) Any other interested persons with relevant knowledge.”.

Amend sec. 12, page 5, by deleting line 15 and inserting: “in Nevada schools, including, without limitation, cocurricular activities that promote learning and understanding, particularly in the area of civics and the skills”.

Amend sec. 12, page 5, line 25, by deleting “develop” and inserting “make”.

Amend sec. 12, page 5, by deleting line 29 and inserting: “Nevada, including, without limitation, by the use of service-learning projects.”.

Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 309.

Remarks by Senator O'Connell.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 312.

The following Assembly amendment was read:

Amendment No. 783.

Amend sec. 3, page 3, by deleting line 21 and inserting:

“1. Except as otherwise provided in subsection 2 and NRS 483.290, 483.860 and 486.081, with respect”.

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

“Sec. 4. NRS 483.290 is hereby amended to read as follows:

483.290 1. Every application for an instruction permit or for a driver’s license must:

(a) Be made upon a form furnished by the Department.

(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

(d) State the full name, date of birth, sex and residence address of the applicant and briefly describe the applicant.

(e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.

(f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.

2. Every applicant must furnish proof of his age by displaying:

(a) If the applicant was born in the United States, a birth certificate issued by a state or the District of Columbia or other proof of the date of birth of the applicant, including, but not limited to, a driver’s license issued by another state or the District of Columbia, or a baptismal certificate and other proof that is determined to be necessary and is acceptable to the Department; or

(b) If the applicant was born outside the United States, a Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the United States Department of Justice or a Report of Birth Abroad of a United States Citizen Child issued by the Department of State, a driver’s license issued by another state or the District of Columbia or other proof acceptable to the Department other than a passport issued by a foreign government.

3. At the time of applying for a driver’s license, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

4. Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:

(a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

(b) Other proof acceptable to the Department, including, but not limited to, records of employment or federal income tax returns.

5. Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an instruction permit or for a driver’s license. As used in this subsection, “consular identification card” has the meaning ascribed to it in section 3 of this act.

Sec. 5. NRS 483.860 is hereby amended to read as follows:

483.860 1. Every applicant for an identification card must furnish proof of his age by presenting a birth certificate issued by a state or the District of Columbia or other proof of the applicant’s date of birth, including, but not limited to, a driver’s license issued by another state or the District of Columbia, or a baptismal certificate and such other corroboration of the matters stated in his application as are required of applicants for a driver’s license.

2. Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:

(a) An original card issued to the applicant by the Social Security Administration bearing the applicant’s social security number; or

(b) Other proof acceptable to the Department, including, but not limited to, records of employment or federal income tax returns.

3. Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an identification card. As used in this subsection, “consular identification card” has the meaning ascribed to it in section 3 of this act.

Sec. 6. NRS 486.081 is hereby amended to read as follows:

486.081 1. Every application for a motorcycle driver’s license must be made upon a form furnished by the Department and must be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

2. Every application must:

(a) State the full name, date of birth, sex and residence address of the applicant;

(b) Briefly describe the applicant;

(d) State whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal; and

(e) Give such other information as the Department requires to determine the competency and eligibility of the applicant.

3. Every applicant shall furnish proof of his age by displaying:

(a) If he was born in the United States, a certified state-issued birth certificate, baptismal certificate, driver’s license issued by another state or the District of Columbia or other proof acceptable to the Department; or

(b) If he was born outside the United States, a:

(1) Certificate of Citizenship, Certificate of Naturalization, Arrival‑Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the Department of Justice;

(2) Report of Birth Abroad of a United States Citizen Child issued by the Department of State;

(3) Driver’s license issued by another state or the District of Columbia; or

(4) Passport issued by the United States Government.

4. Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for a motorcycle driver’s license. As used in this subsection, “consular identification card” has the meaning ascribed to it in section 3 of this act.”.

Amend the title of the bill, sixth line, after “benefits;” by inserting: “prohibiting the Department of Motor Vehicles from accepting a consular identification card as proof of the age or identity of an applicant for an instruction permit, driver’s license, identification card or motorcycle driver’s license;”.

Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 312.

Remarks by Senator O'Connell.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 328.

The following Assembly amendment was read:

Amendment No. 647.

Amend sec. 10, page 3, between lines 28 and 29, by inserting:

“4. Membership in a regional development district is voluntary. Each county and city within the development region shall determine annually whether to remain or become a member of the regional development district. If a county or city determines to become a member of the district, it shall pay the dues established pursuant to subsection 3. A county or city that is not a member of the district is not entitled to be represented on the board.”.

Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 328.

Remarks by Senator O'Connell.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 329.

The following Assembly amendment was read:

Amendment No. 793.

Amend section 1, page 2, by deleting lines 19 and 20 and inserting: “direct the Committee to Review Regulations to examine any temporary regulation that a”.

Amend the bill as a whole by renumbering sections 5 through 7 as sections 6 through 8 and adding a new section designated sec. 5, following sec. 4, to read as follows:

“Sec. 5. NRS 233B.067 is hereby amended to read as follows:

233B.067 1. After adopting a permanent regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and one copy of each regulation adopted to the Legislative Counsel for review by the Legislative Commission, which may refer it to a joint interim committee, to determine whether the regulation conforms to the statutory authority pursuant to which it was adopted and whether the regulation carries out the intent of the Legislature in granting that authority. The Legislative Counsel shall endorse on the original and the copy of each adopted regulation the date of their receipt. The Legislative Counsel shall maintain the copy of the regulation in a file and make the copy available for public inspection for 2 years.

2. If an agency submits an adopted regulation to the Legislative Counsel pursuant to subsection 1 that:

(a) The agency is required to adopt pursuant to a federal statute or regulation; and

(b) Exceeds the specific statutory authority of the agency or sets forth requirements that are more stringent than a statute of this state,

it shall include a statement that adoption of the regulation is required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.

3. The Legislative Commission, or the joint interim committee if the Commission has referred it to such a committee, shall review the regulation at its next regularly scheduled meeting if the regulation is received more than 10 working days before the meeting and a regular meeting is held within 35 days after receipt of the regulation. The Commission may appoint a ~~[committee]~~ Committee to Review Regulations composed of three or more members of the Commission or any joint interim committee to examine proposed regulations received more than 35 days before a regular meeting is scheduled to be held.

4. The Legislative Commission shall notify the Legislative Counsel of the results of its review within 30 days after receipt of the regulation from the agency. If the Commission does not object to the regulation, the Legislative Counsel shall file it with the Secretary of State within 35 days after receipt from the agency and notify the agency of the filing. If the Commission objects to the regulation after determining that:

(a) If subsection 2 is applicable, the regulation is not required pursuant to a federal statute or regulation;

(b) The regulation does not conform to statutory authority; or

the Legislative Counsel shall attach to the regulation a written notice of the objection of the Commission, including a statement of the reasons for its objection, and shall promptly return the regulation to the agency.”.

Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 329.

Remarks by Senator O'Connell.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 331.

The following Assembly amendment was read:

Amendment No. 780.

Amend sec. 2, page 1, line 3, by deleting “NRS 284.073,” and inserting: right to have a lawyer or other representative of his choosing present with him at any time that he is questioned regarding those allegations. The employee must be given not less than 2 business days to obtain such representation, unless he waives his right to be represented.”.

Amend the title of the bill to read as follows:

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

Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 331.

Remarks by Senator O'Connell.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 345.

The following Assembly amendment was read:

Amendment No. 784.

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

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

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

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

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

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

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

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

Senator Raggio moved that the Senate concur in the Assembly amendment to Senate Bill No. 345.

Remarks by Senator Raggio.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 354.

The following Assembly amendment was read:

Amendment No. 706.

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

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

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

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

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

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

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

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

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

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

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

Amend the title of the bill to read as follows:

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

Amend the summary of the bill to read as follows:

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

Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 354.

Remarks by Senator O'Connell.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 444.

The following Assembly amendment was read:

Amendment No. 738.

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

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

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

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

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

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

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

Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 444.

Remarks by Senator O'Connell.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 452.

The following Assembly amendment was read:

Amendment No. 705.

Amend section 1, page 2, lines 25 and 26, by deleting “~~[1989,]~~ 2003,” and inserting “1989,”.

Amend section 1, page 2, line 29, by deleting “~~[1988,]~~ 2003,” and inserting “1988,”.

Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 452.

Remarks by Senator O'Connell.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 453.

The following Assembly amendment was read:

Amendment No. 788.

Amend sec. 3, page 2, by deleting line 8 and inserting: “maintain an official statewide voter registration list, which may be maintained on the Internet, in consultation”.

Amend sec. 3, page 2, line 34, by deleting “any”.

Amend sec. 3, page 2, line 35, before “information” by inserting “reasonable”.

Amend sec. 7, page 3, line 40, after “candidate” by inserting: “for federal office”.

Amend sec. 7, page 3, line 44, by deleting “the statewide” and inserting “a”.

Amend sec. 7, page 3, line 45, by deleting “jurisdiction;” and inserting: “jurisdiction or an election official asserts that the person is not eligible to vote in that election in that jurisdiction;”

Amend sec. 7, page 4, line 1, by deleting “mail” and inserting: “mail, on or after January 1, 2003,”.

Amend sec. 7, page 4, line 2, after “election” by inserting: “for federal office”.

Amend sec. 8, page 5, by deleting lines 22 and 23 and inserting: “to the person to vote only for candidates for federal offices.”.

Amend sec. 9, page 5, lines 24 and 25, by deleting: “in an election,” and inserting: “for a candidate for federal office,”.

Amend sec. 9, page 5, line 28, after “election” by inserting: “for federal office”.

Amend sec. 10, page 5, line 37, after “election” by inserting: “for federal office”.

Amend sec. 11, page 6, lines 41 and 42, by deleting “the statewide” and inserting “a”.

Amend sec. 14, page 8, line 2, after “voters” by inserting: “for federal office”.

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

“Sec. 15.5. 1. The county clerk shall cancel the registration of a voter, if:

(a) After consultation with the district attorney, the district attorney determines that there is probable cause to believe that information in the registration concerning the identity or residence of the voter is fraudulent;

(b) The county clerk provides a notice as required pursuant to subsection 2 or executes an affidavit of cancellation pursuant to subsection 3; and

(c) The voter fails to present satisfactory proof of his identity and residence pursuant to subsection 2, 4 or 5.

2. Except as otherwise provided in subsection 3, the county clerk shall notify the voter by registered or certified mail, return receipt requested, of a determination made pursuant to subsection 1. The notice must set forth the grounds for cancellation. Unless the voter, within 15 days after the return receipt has been filed in the office of the county clerk, presents satisfactory proof of his identity and residence to the county clerk, the county clerk shall cancel his registration.

3. If insufficient time exists before a pending election to provide the notice required by subsection 2, the county clerk shall execute an affidavit of cancellation and file the affidavit of cancellation with the registrar of voters’ register and:

(a) In counties where records of registration are not kept by computer, the county clerk shall attach a copy of the affidavit of cancellation in the election board register.

(b) In counties where records of registration are kept by computer, the county clerk shall have the affidavit of cancellation printed on the computer entry for the registration and add a copy of it to the election board register.

4. If a voter appears to vote at the election next following the date that an affidavit of cancellation was executed for the voter pursuant to this section, the voter must be allowed to vote only if he furnishes:

(a) Official identification which contains a photograph of himself, including, without limitation, a driver’s license or other official document; and

(b) Satisfactory identification that contains proof of the address at which he actually resides and that address is consistent with the address listed on the election board register.

5. If a determination is made pursuant to subsection 1 concerning information in the registration to vote of a voter and an absent ballot or a ballot voted by a voter who resides in a mailing precinct is received from the voter, the ballot must be kept separate from other ballots and must not be counted unless the voter presents satisfactory proof to the county clerk of his identity and residence before such ballots are counted on election day.”.

Amend sec. 19, page 10, line 31, by deleting “If” and inserting: “~~[If]~~ Except as otherwise provided in section 15.5 of this act, if”.

Amend sec. 23, page 13, lines 21 and 25, by deleting “Saturday” and inserting “Sunday”.

Amend sec. 24, page 14, lines 9 and 10, by deleting “Saturday” and inserting “Sunday”.

Amend sec. 28, page 20, line 16, by deleting “Saturday” and inserting “Sunday”.

Amend sec. 29, page 20, line 44, by deleting “Saturday” and inserting “Sunday”.

Amend sec. 29, page 21, line 4, by deleting “Saturday” and inserting “Sunday”.

Amend sec. 30, page 22, by deleting line 4 and inserting:

“293.530 Except as otherwise provided in section 15.5 of this act:

1. County clerks may use any reliable and”.

Amend the bill as a whole by adding a new section designated sec. 32.5, following sec. 32, to read as follows:

“Sec. 32.5. NRS 293.540 is hereby amended to read as follows:

293.540 The county clerk shall cancel the registration:

1. If he has personal knowledge of the death of the person registered, or if an authenticated certificate of the death of any elector is filed in his office.

2. If the insanity or mental incompetence of the person registered is legally established.

3. Upon the determination that the person registered has been convicted of a felony.

4. Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.

5. Upon the request of any registered voter to affiliate with any political party or to change his affiliation, if that change is made before the end of the last day to register to vote in the election.

6. At the request of the person registered.

7. If he has discovered an incorrect registration pursuant to the provisions of NRS 293.5235, 293.530, or 293.535 and the elector has failed to respond or appear to vote within the required time.

8. As required by section 15.5 of this act.

9. Upon verification that the application to register to vote is a duplicate if he has the original or another duplicate of the application on file in his office.”.

Amend sec. 33, page 23, lines 27 and 28, by deleting “3 days” and inserting: “~~[3 days]~~ day”.

Amend sec. 33, page 24, line 1, by deleting “Saturday” and inserting “Sunday”.

Amend sec. 40, page 27, line 22, by deleting “Saturday” and inserting “Sunday”.

Amend sec. 44, page 28, line 12, by deleting “State” and inserting “State:”.

Amend sec. 44, page 28, by deleting lines 13 and 14 and inserting:

“1. To establish and maintain the statewide voter registration list created pursuant to section 3 of this act; or

2. To upgrade or replace voting systems throughout this state.”.

Amend sec. 45, page 28, by deleting line 26 and inserting:

“3. Sections 10, 15.5 and 32.5 of this act become effective July 1, 2003.”.

Amend the title of the bill to read as follows:

“AN ACT relating to elections; requiring the Secretary of State to establish a statewide voter registration list; establishing certain standards for voting systems; establishing the use of provisional ballots for elections for federal offices held in this state; changing the types of acceptable identification for certain persons voting for the first time; requiring the posting of certain information at each polling place; requiring county and city clerks to take certain actions to assist elderly persons and persons with disabilities in voting; changing the type of identification required to register to vote; making various changes concerning voting by persons who are in the Armed Forces of the United States or overseas; requiring the county clerk to cancel the registration of a voter under certain circumstances; extending the period for registering to vote; exempting the Secretary of State from the State Purchasing Act for awarding certain contracts concerning the statewide voter registration list and certain contracts concerning voting systems throughout this state; and providing other matters properly relating thereto.”.

Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 453.

Remarks by Senator O'Connell.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 143.

The following Assembly amendment was read:

Amendment No. 737.

Amend sec. 2, page 2, by deleting lines 4 and 5 and inserting:

“3. The public administrator of a county must:”.

Amend sec. 2, page 2, line 9, after “jurisdiction;” by inserting “and”.

Amend sec. 2, page 2, line 12, by deleting “conversion; and” and inserting “conversion.”.

Amend sec. 2, page 2, by deleting lines 13 through 26.

Amend the title of the bill to read as follows:

“AN ACT relating to public administrators; authorizing a board of county commissioners to examine and audit the money and property entrusted to the care of the public administrator of the county; revising the qualifications for public administrators; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing public administrators. (BDR 20‑419)”.

Senator O'Connell moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 1:44 p.m.

SENATE IN SESSION

At 1:56 p.m.

President Hunt presiding.

Quorum present.

Senator O'Connell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 143.

Remarks by Senator O'Connell.

Motion carried.

Bill ordered transmitted to the Assembly.

Senate Bill No. 144.

The following Assembly amendment was read:

Amendment No. 592.

Amend sec. 2, page 2, line 11, by deleting “equipment.” and inserting: “equipment or that is 10 percent of the amount of the federal grant, whichever is less.”.

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

“Sec. 4. NRS 407.065 is hereby amended to read as follows:

407.065 1. The Administrator, subject to the approval of the Director:

(a) ~~[May]~~ Except as otherwise provided in this paragraph, may establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public. The name of an existing state park, monument or recreational area may not be changed unless the Legislature approves the change by statute.

(b) Shall protect state parks and property controlled or administered by the Division from misuse or damage and preserve the peace within those areas. The Administrator may appoint or designate certain employees of the Division to have the general authority of peace officers.

(c) May allow multiple use of state parks and real property controlled or administered by the Division for any lawful purpose, including, but not limited to, grazing, mining, development of natural resources, hunting and fishing, in accordance with such regulations as may be adopted in furtherance of the purposes of the Division.

(d) Shall impose and collect reasonable fees for entering, camping and boating in state parks and recreational areas. The Division shall issue, upon application therefor and proof of residency and age, an annual permit for entering, camping and boating in all state parks and recreational areas in this state to any person who is 65 years of age or older and has resided in this state for at least 5 years immediately preceding the date on which the application is submitted. The permit must be issued without charge, except that the Division shall charge and collect an administrative fee for the issuance of the permit in an amount sufficient to cover the costs of issuing the permit.

(e) May conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and impose and collect reasonable fees for such special services.

(f) May rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the Division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the Division deems fit and proper, but no concessionaire may dominate any state park operation. Rental and lease payments must be deposited in the State General Fund.

(g) May establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the Legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the Administrator.

2. The Administrator:

(a) Shall issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter each state park and each recreational area in this state and, except as otherwise provided in subsection 3, use the facilities of the state park or recreational area without paying the entrance fee; and

(b) May issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter a specific state park or specific recreational area in this state and, except as otherwise provided in subsection 3, use the facilities of the state park or recreational area without paying the entrance fee.

3. An annual permit issued pursuant to subsection 2 does not authorize the holder of the permit to engage in camping or boating, or to attend special events. The holder of such a permit who wishes to engage in camping or boating, or to attend special events, must pay any fee established for the respective activity.

4. Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs (d) and (e) of subsection 1 or subsection 2 must be deposited in the State General Fund.”.

Amend the bill as a whole by renumbering sections 5 and 6 as sections 7 and 8 and adding a new section designated sec. 6, following sec. 4, to read as follows:

“Sec. 6. NRS 407.0762 is hereby amended to read as follows:

407.0762 1. The Account for Maintenance of State Parks within the Division of State Parks is hereby created in the State General Fund. Except as otherwise provided in NRS 407.0765, any amount of fees collected pursuant to paragraphs (d) and (e) of subsection 1 or subsection 2 of NRS 407.065 in a calendar year, which is in excess of the amounts authorized for expenditure from that revenue source in the Division’s budget for the fiscal year beginning in that calendar year, must be deposited in the Account. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

2. The money in the Account does not lapse to the State General Fund at the end of any fiscal year.

3. The money deposited in the Account pursuant to subsection 1 must only be used to repair and maintain state parks, monuments and recreational areas.

4. Before the Administrator may expend money pursuant to subsection 3:

(a) For emergency repairs and projects with a cost of less than $25,000, he must first receive the approval of the Director.

(b) For projects with a cost of $25,000 or more, other than emergency repairs, he must first receive the approval of the Director and of the Interim Finance Committee.”.

Amend the title of the bill, seventh line, after “projects;” by inserting: “requiring the Legislature to approve any change to the name of a state park, monument or recreational area; requiring the Administrator of the Division to provide an annual permit to enter all state parks and recreational areas;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes relating to Division of State Parks of State Department of Conservation and Natural Resources. (BDR 35‑493)”.

Senator O'Connell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 144.

Remarks by Senator O'Connell.

Motion carried.

Bill ordered transmitted to the Assembly.

Senate Bill No. 147.

The following Assembly amendment was read:

Amendment No. 790.

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

“Section 1. Chapter 281 of NRS is hereby amended by adding thereto the pro. 1. A list of each public officer who is required to file a statement of financial disclosure pursuant to NRS 281.561 or section 1.7 of this act must b visions set forth as sections 1.3 and 1.7 of this act.”.

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

“Sec. 1.3e submitted electronically to the Commission and to the Secretary of State, in a form”.

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

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

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

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

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

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

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

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

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

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

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

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

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

281.461 1. The Commission shall:

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

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

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

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

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

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

“281.511 . ~~[, 294A.345 or 294A.346.]~~”.

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

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

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

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

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

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

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

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

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

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

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

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

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

281.471 The Commission shall:

1. Adopt procedural regulations:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TEXT OF REPEALED SECTION

281.437 “Vexatious” defined.

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

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

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

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

Amend the title of the bill to read as follows:

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

Amend the summary of the bill to read as follows:

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

Senator O'Connell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 147.

Remarks by Senator O'Connell.

Motion carried.

Bill ordered transmitted to the Assembly.

Senate Bill No. 359.

The following Assembly amendment was read:

Amendment No. 615.

Amend sec. 12, pages 9 and 10, by deleting lines 40 through 44 on page 9 and lines 1 through 10 on page 10, and inserting:

“Sec. 12. 1. Any provision in:

(a) An ordinance, regulation or plan of a governing body described in section 1 of this act;

(b) A covenant, condition or restriction described in section 3 of this act;

(d) A rental agreement or policy of a landlord described in section 5 or 8 of this act; or

(e) An employee handbook or policy of a local government employer described in section 11 of this act,

that is in effect on the effective date of this act and which is contrary to the provisions of this act is void and unenforceable.

2. On or before October 1, 2003, the persons or entities described in this subsection shall review and amend as necessary to ensure compliance with the provisions of this act:

(a) In the case of a governing body described in section 1 of this act, the ordinances, regulations and plans of the governing body.

(b) In the case of an executive board of a common-interest community described in section 4 of this act, the governing documents of the common‑interest community.

(d) In the case of a local government employer described in section 11 of this act, the employee handbooks, if any, and policies of the employer.

3. A landlord described in section 5 or 8 of this act shall review his rental agreements that are in effect on the effective date of this act to ensure compliance with the provisions of this act and, on or before the date for renewal of such an agreement:

(a) Remove any provision of such an agreement that is void and unenforceable pursuant to subsection 1; and

(b) Add the information required by paragraph (n) of subsection 2 of NRS 118A.200, as amended by section 7 of this act, or paragraph (n) of subsection 2 of NRS 118B.040, as amended by section 9 of this act, as applicable.

4. Between the effective date of this act and the date on which a landlord described in section 5 or 8 of this act brings his rental agreements into compliance with this act pursuant to subsection 3, the landlord shall:

(a) Provide notice of the right of a tenant to engage in the display of the flag of the United States, as set forth in section 5 or 8 of this act, as applicable, to each tenant who is subject to such an agreement; or

(b) Post a notice of the right of a tenant to engage in the display of the flag of the United States, as set forth in section 5 or 8 of this act, as applicable, in a conspicuous and readily accessible place on the property or in the park.”.

Amend the bill as a whole by adding the following Assemblymen as primary joint sponsors:

Assemblymen Griffin and Hettrick.

Senator O'Connell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 359.

Remarks by Senator O'Connell.

Motion carried.

Bill ordered transmitted to the Assembly.

Senate Bill No. 449.

The following Assembly amendment was read:

Amendment No. 792.

Amend sec. 7, page 9, line 17, by deleting “~~[100,000]~~ 40,000” and inserting “100,000”.

Amend sec. 7, page 10, lines 9 and 10, by deleting “~~[100,000]~~ 40,000” and inserting “100,000”.

Amend sec. 7, page 10, lines 29 and 30, by deleting “~~[100,000]~~ 40,000” and inserting “100,000”.

Amend sec. 7, page 11, lines 15 and 16, by deleting “~~[100,000:]~~ 40,000:” and inserting “100,000:”.

Amend sec. 8, page 11, line 22, by deleting “~~[60,000]~~ 10,000” and inserting “60,000”.

Amend sec. 8, page 12, line 14, by deleting “~~[60,000]~~ 10,000” and inserting “60,000”.

Amend sec. 8, page 12, line 34, by deleting “~~[60,000]~~ 10,000” and inserting “60,000”.

Amend sec. 8, page 13, line 22, by deleting “~~[60,000:]~~ 10,000:” and inserting “60,000:”.

Senator O'Connell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 449.

Remarks by Senator O'Connell.

Motion carried.

Bill ordered transmitted to the Assembly.

Senate Bill No. 451.

The following Assembly amendment was read:

Amendment No. 638.

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

Amend the title of the bill by deleting the third through sixth lines and inserting: “recorder; authorizing a county recorder to charge a fee for recording documents that do not meet those standards in certain circumstances; and providing other matters properly”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions regarding format of certain documents filed in office of county recorder. (BDR 20‑293)”.

Senator O'Connell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 451.

Remarks by Senator O'Connell.

Motion carried.

Bill ordered transmitted to the Assembly.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 27, 2003

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 544.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 7, 195, 266, 533.

Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 415, Amendment No. 846, and respectfully requests your honorable body to concur in said amendment.

Diane Keetch

Assistant Chief Clerk of the Assembly

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 7.

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

Motion carried.

Assembly Bill No. 195.

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

Motion carried.

Assembly Bill No. 266.

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

Motion carried.

Assembly Bill No. 533.

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

Motion carried.

Assembly Bill No. 544.

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

Motion carried.

Recede From Senate Amendments

Senator Amodei moved that the Senate do not recede from its action on Assembly Bill No. 163, 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 Amodei.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Madam President appointed Senators Amodei, Care and McGinness as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 163.

Recede From Senate Amendments

Senator Amodei moved that the Senate do not recede from its action on Assembly Bill No. 536, 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 Amodei.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Madam President appointed Senators Amodei, Care and McGinness as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 536.

Madam President appointed Senators Hardy, Rhoads and Wiener as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 59.

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Senate Bills Nos. 136, 241, 320, 407, 423, 425, 426, 439; Assembly Bills Nos. 16, 57, 220, 223, 239, 325, 326, 369, 401, 429, 431, 432, 459; Assembly Joint Resolution No. 13.

Senator Raggio moved that the Senate adjourn until Wednesday, May 28, 2003, at 11 a.m.

Motion carried.

Senate adjourned at 2:09 p.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest: Claire J. Clift

Secretary of the Senate