THE ONE HUNDRED AND FIFTEENTH DAY

Carson City (Wednesday), May 28, 2003

Senate called to order at 12:16 p.m.

President Hunt presiding.

Roll called.

All present.

Prayer by the Chaplain, Pastor Albert Tilstra.

Dear God, the time is ticking by pretty fast as we are seeing the deadlines for this, the Seventy-second Session of this Legislature. It is so easy to become confused and then live in cross-purposes to our central aims, and because of that, we are at cross-purposes with each other. Take us by the hand and help us to see things from Your viewpoint that we may see them as they really are. We come to choices and decisions with a prayer upon our lips for our wisdom fails us. Give to these, Your servants in the Senate, Your wisdom.

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. 500, 501; Assembly Bills Nos. 195, 548, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Finance, to which were referred Senate Bill No. 499; Assembly Bill No. 534, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Finance, to which was re-referred Senate Bill No. 464, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio, Chairman

Madam President:

Your Committee on Government Affairs, to which was referred Senate Bill No. 497, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Government Affairs, to which was referred Assembly Joint Resolution No. 11, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell, Chairman

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 adopted Assembly Concurrent Resolution No. 31.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 666 to Assembly Bill No. 190; Senate Amendment No. 742 to Assembly Bill No. 320; Senate Amendment No. 830 to Assembly Bill No. 394; Senate Amendment No. 763 to Assembly Bill No. 425; Senate Amendment No. 670 to Assembly Bill No. 452; Senate Amendment No. 623 to Assembly Bill No. 509; Senate Amendment No. 768 to Assembly Bill No. 514.

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. 772 to Assembly Bill No. 473; Senate Amendment No. 712 to Assembly Bill No. 493.

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. 34, Assembly Amendment No. 748, and requests a conference, and appointed Assemblymen Chowning, Geddes and McCleary as a first Conference Committee to meet with a like committee of the Senate.

Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 193, Assembly Amendment No. 813, and requests a conference, and appointed Assemblymen Giunchigliani, Goldwater and Griffin as a first Conference Committee to meet with a like committee of the Senate.

Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 372, Assembly Amendment No. 818, and requests a conference, and appointed Assemblymen Giunchigliani, Leslie and Beers as a first Conference Committee to meet with a like committee of the Senate.

Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 432, Assembly Amendment No. 625, and requests a conference, and appointed Assemblymen Anderson, Geddes and Claborn 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 Parks, Oceguera and Hettrick as a first Conference Committee concerning Assembly Bill No. 32.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Oceguera, Buckley and Brown as a first Conference Committee concerning Assembly Bill No. 81.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Manendo, Atkinson and Hardy as a first Conference Committee concerning Assembly Bill No. 218.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Goldwater, Conklin and Griffin as a first Conference Committee concerning Assembly Bill No. 232.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Horne, Atkinson and Geddes as a first Conference Committee concerning Assembly Bill No. 353.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Goldwater, Buckley and Brown as a first Conference Committee concerning Assembly Bill No. 498.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

By Senators McGinness, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, Neal, Nolan, O'Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, Wiener; Assemblymen Hardy, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams:

Senate Concurrent Resolution No. 40—Supporting the Mesquite Project, an international aerospace and defense industry showcase and technology exposition, at the Mesquite Airport.

Senator McGinness moved the adoption of the resolution.

Remarks by Senator Hardy.

Resolution adopted.

Resolution ordered transmitted to the Assembly.

Assembly Concurrent Resolution No. 31.

Senator Rawson moved that the resolution be referred to the Committee on Human Resources and Facilities.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Finance:

Senate Bill No. 502—AN ACT relating to recreation; extending the reversion date of certain appropriations from previous sessions for park improvements; and providing other matters properly relating thereto.

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

Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 51.

Bill read third time.

Remarks by Senator Rhoads.

Roll call on Senate Bill No. 51:

Yeas—21.

Nays—None.

Senate Bill No. 51 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 214.

Bill read third time.

Roll call on Senate Bill No. 214:

Yeas—19.

Nays—Carlton, Neal—2.

Senate Bill No. 214 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 381.

Bill read third time.

Roll call on Senate Bill No. 381:

Yeas—21.

Nays—None.

Senate Bill No. 381 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 495.

Bill read third time.

Roll call on Senate Bill No. 495:

Yeas—16.

Nays—Care, Carlton, Neal, Titus, Wiener—5.

Senate Bill No. 495 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 13.

Bill read third time.

Roll call on Assembly Bill No. 13:

Yeas—21.

Nays—None.

Assembly Bill No. 13 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 29.

Bill read third time.

Remarks by Senators Neal and Raggio.

Roll call on Assembly Bill No. 29:

Yeas—20.

Nays—Neal.

Assembly Bill No. 29 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 286.

Bill read third time.

Roll call on Assembly Bill No. 286:

Yeas—21.

Nays—None.

Assembly Bill No. 286 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Assembly Bill No. 395 be taken from the General File and placed on the General File for the next legislative day.

Remarks by Senator Raggio.

Motion carried.

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

Motion carried.

Senate in recess at 12:44 p.m.

SENATE IN SESSION

At 1:02 p.m.

President Hunt presiding.

Quorum present.

UNFINISHED BUSINESS

Consideration of Assembly Amendments

Senate Bill No. 116.

The following Assembly amendment was read:

Amendment No. 878.

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

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

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

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

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

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

(b) Integrated child seats; and

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

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

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

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

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

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

Amend the title of the bill to read as follows:

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

Senator Nolan moved that the Senate concur in the Assembly amendment to Senate Bill No. 116.

Remarks by Senator Nolan.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 491.

The following Assembly amendments were read:

Amendment No. 822.

Amend section 1, page 2, by deleting line 15 and inserting: “information that:

(a) The State Public Works Board determines to be sufficient and verifiable; and

(b) Indicates the subcontractor:”.

Amend section 1, page 2, line 16, by deleting “(a)” and inserting “(1)”.

Amend section 1, page 2, line 18, by deleting “(b)” and inserting “(2)”.

Amend section 1, page 2, line 19, by deleting “this section.” and inserting “subsection 1.”.

Amend section 1, page 2, by deleting lines 20 through 23 and inserting:

“3. Upon receipt of sufficient and verifiable information of a type described in subsection 2, the State Public Works Board shall require a subcontractor regarding whom such information is received to submit to the State Public Works Board, on a form prescribed by the State Public Works Board, an application for qualification in accordance with the criteria established by regulation pursuant to subsection 1. After receiving such an application, the State Public Works Board shall determine whether the subcontractor is qualified in accordance with the criteria established by regulation pursuant to subsection 1. Except”.

Amend the bill as a whole by renumbering sections 5 through 9 as sections 7 through 11 and adding new sections designated sections 5 and 6, following sec. 4, to read as follows:

“Sec. 5. NRS 338.1387 is hereby amended to read as follows:

338.1387 1. A public body awarding a contract for a public work shall not award the contract to a person who, at the time of the bid, is not properly licensed under the provisions of chapter 624 of NRS or if the contract would exceed the limit of his license. A subcontractor named by the contractor who is not properly licensed for that portion of the work , or who, at the time of the bid, is on disqualified status with the State Public Works Board pursuant to section 1 of this act, shall be deemed unacceptable. If the subcontractor is deemed unacceptable, the contractor shall provide an acceptable subcontractor before the award of the contract.

2. If, after awarding the contract, the public body discovers that the person to whom the contract was awarded is not licensed, or that the contract would exceed his license, the public body shall reject the bid and may accept the next lowest bid for that public work from a responsive bidder who was determined by the public body to be a qualified bidder pursuant to NRS 338.1379 or was exempt from meeting such qualifications pursuant to NRS 338.1373 or 338.1383 without requiring that new bids be submitted.

Sec. 6. NRS 338.139 is hereby amended to read as follows:

338.139 1. A public body may award a contract for the construction, alteration or repair of a public work pursuant to NRS 338.1375 to 338.1389, inclusive, to a specialty contractor if:

(a) The majority of the work to be performed on the project to which the contract pertains consists of specialty contracting for which the specialty contractor is licensed; and

(b) The project to which the contract pertains is not part of a larger public work.

2. If a public body awards a contract to a specialty contractor pursuant to NRS 338.1375 to 338.1389, inclusive, all work to be performed on the project to which the contract pertains that is outside the scope of the license of the specialty contractor must be performed by a subcontractor who [is] :

(a) Is licensed to perform such work [.] ; and

(b) At the time of the performance of the work, is not on disqualified status with the State Public Works Board pursuant to section 1 of this act.”.

Amend sec. 5, pages 4 and 5, by deleting lines 42 through 44 on page 4 and lines 1 and 2 on page 5, and inserting: “pursuant to chapter 624 of NRS. [If] Except as otherwise provided in this paragraph, if a contractor [fails] :

(1) Fails to submit [such a] the list within the required time [, his] ; or

(2) Submits a list that includes the name of a subcontractor who, at the time of the submission of the list, is on disqualified status with the State Public Works Board pursuant to section 1 of this act,

the contractor’s bid shall be deemed not responsive. A contractor’s bid shall not be deemed not responsive on the grounds that the contractor submitted a list that includes the name of a subcontractor who, at the time of the submission of the list, is on disqualified status with the State Public Works Board pursuant to section 1 of this act if the contractor, before the award of the contract, provides an acceptable replacement subcontractor in the manner set forth in subsection 1 of NRS 338.1387.”.

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

“6. If the project is for the design and construction of a public work of the State, ensure that the prime contractor is qualified to bid on a public work of the State pursuant to NRS 338.1379.”.

Amend sec. 7, page 6, by deleting lines 31 through 34 and inserting:

“(f) If the proposal is for a public work of the State, a statement setting forth that the prime contractor must be qualified to bid on a public work of the State pursuant to NRS 338.1379 before submitting a preliminary proposal.”.

Amendment No. 890.

Amend section 1, page 2, by deleting lines 18 through 21 and inserting:

“(b) Indicates the subcontractor does not meet the criteria established by regulation”.

Senator O'Connell moved that the Senate concur in the Assembly amendments to Senate Bill No. 491.

Remarks by Senators O'Connell and Hardy.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 229.

The following Assembly amendment was read:

Amendment No. 779.

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

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

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

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

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

Amend sec. 1.5, page 3, line 21, by deleting “government.” and inserting: “government or a public body which has fewer than one full-time administrative employee or whose members are not entitled by statute to receive per diem or other compensation while engaged in the business of the public body.”.

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

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

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

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

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

(c) An agenda consisting of:

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

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

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

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

3. Minimum public notice is:

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

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

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

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

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

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

(a) An agenda for a public meeting;

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

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

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

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

(3) Declared confidential by law.

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

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

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

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

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

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

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

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

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

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

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

4.”.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) Recorded by the county recorder in a book kept by him for the purpose of recording instruments encumbering land; and

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

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

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

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

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

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

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

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

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

(c) The time and place for hearing on the dissolution, merger or consolidation.

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

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

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

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

Amend the title of the bill to read as follows:

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

Amend the summary of the bill to read as follows:

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

Senator O'Connell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 229.

Remarks by Senator O'Connell.

Motion carried.

Bill ordered transmitted to the Assembly.

Recede From Senate Amendments

Senator Raggio moved that the Senate do not recede from its action on Assembly Bill No. 30, 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 Raggio.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Madam President appointed Senators Nolan, Cegavske and Mathews as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 30.

Recede From Senate Amendments

Senator O'Connell moved that the Senate do not recede from its action on Assembly Bill No. 114, 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 O'Connell.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Madam President appointed Senators Hardy, Tiffany and Titus as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 114.

Recede From Senate Amendments

Senator McGinness moved that the Senate do not recede from its action on Assembly Bill No. 355, 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 McGinness.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Madam President appointed Senators Coffin, Tiffany and O'Connell as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 355.

Recede From Senate Amendments

Senator O'Connell moved that the Senate do not recede from its action on Assembly Bill No. 388, 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 O'Connell.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Madam President appointed Senators Townsend, Hardy and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 388.

Reports of Conference Committees

Madam President:

The first Conference Committee concerning Senate Bill No. 206, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 1, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend sec. 38, page 25, line 16, by deleting “nonresponsibility” and inserting “nonresponsibility.”.

Amend sec. 38, page 25, by deleting lines 17 through 32 and inserting:

“4. Any lessee who causes a work of improvement to be constructed, altered or repaired upon property that is leased shall provide a payment and completion bond from a surety licensed to do business in this state in an amount equal to not less than 1.5 times the total amount of the construction contract. The surety bond must be recorded in accordance with NRS 108.2415 to 108.2425, inclusive, before commencement of the construction, alteration or repair of the work of improvement and must be payable upon default by the lessee of any undisputed amount pursuant to the construction contract that is due and payable to the prime contractor for more than 30 days. If a lessee fails to record a surety bond as required pursuant to this section, the prime contractor may invalidate the construction contract and may recover damages including, without limitation, consequential damages, reasonable attorney’s fees and costs.

5. As used in this section, “disinterested owner” means an owner who did not personally or through his agent or representative, directly or indirectly, request, require, authorize, consent to or cause a work of improvement, or any portion thereof, to be constructed, altered or repaired upon the property of the owner. The term must not be interpreted to invalidate a notice of nonresponsibility recorded pursuant to this section or to deny the rights granted pursuant to this section upon the recording of a notice of nonresponsibility because:

(a) The disinterested owner is a lessor or an optionor under a lease that requests, requires, authorizes or consents to his lessee causing the work of improvement to be constructed, altered or repaired upon the property;

(b) The lessee personally or through his agent or representative enters into a contract and causes the work of improvement to be constructed, altered or repaired upon the property; and

(c) The lessor or optionor notifies the lessee in writing that pursuant to subsection 4, the lessee must record a surety bond before causing a work of improvement to be constructed, altered or repaired upon the property.”.

Mark E. Amodei Bernie Anderson

Terry Care Rod Sherer

Mike McGinness William Horne

Senate Conference Committee Assembly Conference Committee

Senator Amodei moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 206.

Remarks by Senator Amodei.

Motion carried by a constitutional majority.

SECOND READING AND AMENDMENT

Senate Bill No. 499.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 925.

Amend section 1, page 1, by deleting lines 1 through 4 and inserting:

“Section 1. 1. There is hereby appropriated from the State Highway Fund the sum of $14,656,066 to the Interim Finance Committee for allocation to state entities that receive appropriations or authorizations from the State Highway Fund for radio system costs, infrastructure upgrades and user equipment.

2. There is hereby appropriated from the State General Fund the sum of $1,800,000 to the Interim Finance Committee for allocation to state entities that receive appropriations or authorizations from the State General Fund for radio system costs,”.

Amend sec. 2, page 1, by deleting line 6 and inserting:

“Sec. 2. 1. A state entity may submit a”.

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

“AN ACT making appropriations to the Interim Finance Committee for allocation to state entities for radio system costs, infrastructure upgrades and”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriations to Interim Finance Committee for allocation to state entities for radio system costs, infrastructure upgrades and user equipment. (BDR S‑1364)”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 534.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 933.

Amend sec. 8, page 5, line 24, after “money” by inserting: “actually received by the Board”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

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

Assembly Joint Resolution No. 11.

Resolution read second time.

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

Amendment No. 923.

Amend the resolution, page 2, by deleting lines 21 through 27.

Amend the resolution, page 2, line 28, by deleting “6.” and inserting “5.”.

Amend the resolution, page 2, by deleting lines 31 through 35 and inserting:

“6. The Legislature shall [at its regular session next preceding the expiration of the term of Office of said Board of Regents provide for the election of a new] define the duties of the members of the Board of Regents . [and define their duties.]”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Tiffany.

Amendment adopted.

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

GENERAL FILE AND THIRD READING

Senate Bill No. 464.

Bill read third time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 915.

Amend sec. 3, page 2, by deleting lines 13 and 14 and inserting:

“Sec. 3. 1. Except as otherwise provided in subsection 2, “vessel” means every description of watercraft used or capable of being used as a means of transportation on water.

2. The term does not include a canoe, float tube, kayak, rubber raft or seaplane.”.

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

“Sec. 4. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 6 and adding:

“Sec. 6. (Deleted by amendment.)”.

Amend sec. 7, page 4, line 17, by deleting “or vessel”.

Amend sec. 7, page 4, line 20, by deleting: “374.112 [.] or section 4 of this act.” and inserting “374.112.”.

Amend sec. 12, page 6, by deleting lines 28 through 38 and inserting:

“2. Upon receipt of [the] :

(a) The properly endorsed certificate of ownership [, the] ;

(b) The certificate of number and the required fee [and] ;

(c) The statement of information [,] ; and

(d) Proof that the applicable taxes have been paid,

the Division of Wildlife shall issue a new certificate of ownership and a”.

Amend sec. 13, pages 6 and 7, by deleting lines 41 through 45 on page 6 and lines 1 through 4 on page 7, and inserting:

“Sec. 13. 1. This section and sections 9, 10 and 11 of this act become effective on January 1, 2004.

2. Sections 1 to 8, inclusive, and 12 of this act become effective on January 1, 2005.”.

Amend the title of the bill to read as follows:

“AN ACT relating to vessels; revising the provisions governing the administration of the exemption from certain taxes on the sale of tangible personal property to be shipped outside this state to include the sale of a vessel to a nonresident under certain circumstances; excluding the value of a vessel taken in trade from the sales price of a vessel for the purposes of certain taxes; exempting a motorboat that has been documented pursuant to federal law from the requirement of obtaining a title pursuant to the provisions governing watercraft; and providing other matters properly relating thereto.”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

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

Senate Bill No. 497.

Bill read third time.

The following amendment was proposed by Senators Raggio and O'Connell:

Amendment No. 939.

Amend sec. 3, page 2, line 3, by deleting “The” and inserting: “Except as otherwise provided in subsection 2, the”.

Amend sec. 3, page 2, line 10, after “2.” by inserting: “The fee imposed pursuant to subsection 1 must not apply to replacement vehicles. As used in this subsection, “replacement vehicle” means a vehicle that is:

(a) Rented temporarily by or on behalf of a person or leased to a person by a facility that repairs motor vehicles or a motor vehicle dealer; and

(b) Used by the person in place of a motor vehicle owned by the person that is unavailable for use because of mechanical breakdown, repair, service, damage or loss as defined in the owner’s policy of liability insurance for the motor vehicle.

3.”.

Amend sec. 3, page 2, line 17, by deleting “3.” and inserting “4.”.

Amend sec. 3, page 2, line 25, by deleting “4.” and inserting “5.”.

Amend the title of the bill, second line, before “rental” by inserting “certain”.

Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes imposition of fee on certain rental cars and issuance of revenue bonds in certain counties to finance minor league baseball stadium. (BDR 20‑1356)”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senators Raggio, Titus and Townsend.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 500.

Bill read third time.

Roll call on Senate Bill No. 500:

Yeas—19.

Nays—Neal, O'Connell—2.

Senate Bill No. 500 having received a two-thirds majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Senate Bill No. 501.

Bill read third time.

Roll call on Senate Bill No. 501:

Yeas—17.

Nays—Carlton, Neal, O'Connell, Titus—4.

Senate Bill No. 501 having received a two-thirds majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 195.

Bill read third time.

Remarks by Senators Neal and Raggio.

Roll call on Assembly Bill No. 195:

Yeas—21.

Nays—None.

Assembly Bill No. 195 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 548.

Bill read third time.

Roll call on Assembly Bill No. 548:

Yeas—20.

Nays—Wiener.

Assembly Bill No. 548 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. 46.

The following Assembly amendment was read:

Amendment No. 851.

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

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

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

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

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

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

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

Senator Raggio moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 46.

Remarks by Senator Raggio.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Madam President appointed Senators Hardy, Shaffer and Schneider as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 193.

Madam President appointed Senators Carlton, Hardy and Shaffer as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 372.

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

Motion carried.

Senate in recess at 1:28 p.m.

SENATE IN SESSION

At 2:38 p.m.

President Hunt presiding.

Quorum present.

REPORTS OF COMMITTEES

Madam President:

Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 313, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond D. Rawson, Chairman

Madam President:

Your Committee on Transportation, to which was referred Assembly Bill No. 518, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond C. Shaffer, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 28, 2003

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 58, 106, 173, 456.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 519.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 18; Senate Concurrent Resolutions Nos. 20, 26.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 18.

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

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 519.

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

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 313.

Bill read second time.

The following amendment was proposed by the Committee on Human Resources and Facilities:

Amendment No. 926.

Amend section 1, pages 1 and 2, by deleting lines 16 through 19 on page 1 and lines 1 through 22 on page 2, and inserting:

“Section 1. 1. The Legislative Committee on Health Care shall appoint a subcommittee to conduct an interim study concerning staffing of the system for the delivery of health care in Nevada. The interim study must include:

(a) The use of established methods of analysis and technical models developed by the National Center for Health Workforce Analysis of the Bureau of Health Professions of the Health Resources and Services Administration of the United States Department of Health and Human Services and the Regional Centers for Health Workforce Studies located in:

(1) The University of California at San Francisco;

(2) The University of Illinois at Chicago;

(3) The State University of New York at Albany; and

(4) The University of Washington.

(b) A comprehensive evaluation of the current requirements in Nevada for staffing of the system for the delivery of health care.

(c) A comprehensive evaluation of the required methods of recordkeeping by medical facilities or other organizations that provide organized nursing services of statistics relating to staffing and patient care.

(d) The identification of conditions under which nurses may refuse work assignments without jeopardizing the quality of patient care.

(e) A survey of the staffing of the system for the delivery of health care in Nevada that is required by the Bureau of Licensure and Certification of the Health Division of the Department of Human Resources, the Joint Commission on Accreditation of Healthcare Organizations and any other state or federal law concerning medical facilities or other organizations that provide organized nursing services.

(f) A comprehensive evaluation of the practices of recruitment and retention of staff that are used by medical facilities and other organizations that provide organized nursing services in Nevada.

(g) Recommendations regarding staffing of the system for the delivery of health care in Nevada.

(h) A comprehensive evaluation of any disaster or emergency situations that would not be covered in any recommendations for the staffing of the system for the delivery of health care.

2. Except as otherwise provided in this subsection, to satisfy the objectives of the study, the subcommittee shall collaborate with a statewide advisory group of persons consisting of one representative appointed by each of the following:

(a) The Nevada Nurses’ Association.

(b) The Bureau of Licensure and Certification of the Health Division of the Department of Human Resources.

(c) The Nevada Hospital Association.

(d) The State Board of Nursing.

(e) The Nevada State Medical Association.

(f) Two organizations that represent the interests of nursing selected by the Chairman of the subcommittee.

(g) The University and Community College System of Nevada.

(h) The Nevada Rural Hospital Flexibility Program Partners of the Nevada Office of Rural Health of the University of Nevada School of Medicine.

(i) The Nevada Area Health Education Center Program of the Center for Education and Health Services Outreach of the University of Nevada School of Medicine.

(j) A qualified peer review organization that is governed by Titles XI and XVIII of the Social Security Act.

3. The subcommittee appointed pursuant to this section shall submit a report of its findings and any recommendations for legislation to the Legislative Committee on Health Care on or before June 1, 2004. The Legislative Committee on Health Care shall submit the report of the subcommittee and any recommendations for legislation on or before July 1, 2004, to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission and the 73rd Session of the Nevada Legislature.

4. As used in this section, “system for the delivery of health care” has the meaning ascribed to it in NRS 632.0195.”.

Amend the preamble of the bill, page 1, by deleting lines 1 through 11 and inserting:

“Whereas, Adequate levels of staffing of the system for the delivery of health care are among many of the components that help ensure the delivery of health care services in a manner that promotes proper care of patients and optimum outcomes; and

Whereas, The availability of adequate nursing staff is paramount to the access to high quality health care services in Nevada; and

Whereas, Appropriate staffing of the system for the delivery of health care helps ensure the quality of health care services provided to patients of the system for the delivery of health care in Nevada; now, therefore,”.

Amend the title of the bill to read as follows:

“AN ACT relating to health care; directing the Legislative Committee on Health Care to appoint a subcommittee to conduct an interim study of staffing of the system for the delivery of health care in Nevada; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Directs Legislative Committee on Health Care to appoint subcommittee to conduct interim study of staffing of system for delivery of health care in Nevada. (BDR S‑729)”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

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

Assembly Bill No. 518.

Bill read second time.

The following amendment was proposed by Senator Shaffer:

Amendment No. 930.

Amend section 1, page 2, by deleting lines 12 through 19 and inserting:

“Section 1. 1. Except as otherwise provided in subsection 2, for the period beginning on June 1, 2003, and ending on July 1, 2004, the Transportation Services Authority shall not accept the submission or filing of any application for the modification of a certificate of public convenience and”.

Amend section 1, page 2, line 25, after “2.” by inserting: “The Transportation Services Authority:

(a) Shall process each application for any new or modified certificate of public convenience and necessity that is received by the Authority before June 1, 2003, in the order in which it was received.

(b) Except as otherwise provided in this paragraph, during the period beginning on June 1, 2003, and ending on July 1, 2004, shall accept the submission and filing of applications for a new certificate of public convenience and necessity for the operation of a livery or traditional limousine in a county whose population is 400,000 or more. Applications submitted and filed as described in this paragraph must be processed in the ordinary course of business and without undue delay. The Authority shall not, during that period:

(1) Accept the submission and filing of more than one application by any one applicant.

(2) Approve the operation of more than two livery or traditional limousines per each such application.

3.”.

Amend section 1, page 2, by deleting lines 28 through 30 and inserting: “Authority is void and revoked for the period from June 1, 2003, to July 1, 2004, to the extent that the carrier has not, before June 1, 2003, registered in this state each”.

Amend section 1, page 2, line 33, by deleting “3.” and inserting “4.”.

Amend section 1, page 2, between lines 42 and 43, by inserting: “The term does not include a limousine for which the operator is not required to obtain a certificate of public convenience and necessity from the Transportation Services Authority.”.

Amend sec. 2, page 3, by deleting lines 6 through 16 and inserting:

“Sec. 2. 1. The Legislative Commission shall direct a study of issues relating to the allocation of limousines.

2. The study must consider:”.

Amend sec. 2, page 3, by deleting lines 25 through 31 and inserting: “the Commission deems appropriate.

3. The Commission may apply for any available grants and accept gifts, grants or donations to assist the Commission in conducting the study.

4. The Commission may contract with or enter into an agreement with a public or private agency that has the experience necessary to conduct a study of the type described in subsection 2.

5. The Commission shall, on or before April 30, 2004, submit the final results of the study to the Transportation Services Authority. The”.

Amend sec. 2, pages 3 and 4, by deleting lines 35 through 45 on page 3 and lines 1 through 6 on page 4.

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

“Sec. 3. 1. On or before May 28, 2004, the Legislative Commission shall, based upon information gathered during the study described in section 2 of this act, provide to the Transportation Services Authority the recommendation of the Commission as to whether the Authority should establish by regulation a system of allocations for limousines.

2. The Authority shall consider the recommendation of the Commission and if the Authority determines, based upon information gathered during the study, that it would be advisable to establish a system of allocations for limousines, the Authority may, except as otherwise provided in subsection 3, adopt regulations in accordance with chapter 233B of NRS establishing a system of allocations for limousines. If established, such a system must set forth the number of limousines that may be operated by a person who holds a certificate of public convenience and necessity for the operation of a livery or traditional limousine, as applicable.

3. On or before June 15, 2004, the Authority shall publicly announce whether it will establish by regulation a system of allocations for limousines.

4. As used in this section:

(a) “Livery limousine” has the meaning ascribed to it in section 1 of this act.

(b) “Traditional limousine” has the meaning ascribed to it in section 1 of this act.

Sec. 4. The provisions of this act do not limit, prohibit, restrict or otherwise affect the consideration of or processing of any application for:

1. A new certificate of public convenience and necessity; or

2. The modification of a certificate of public convenience and necessity,

that is filed with or submitted to the Transportation Services Authority before June 1, 2003.”.

Amend the preamble of the bill, pages 1 and 2, by deleting lines 1 through 14 on page 1 and lines 1 through 7 on page 2, and inserting:

“Whereas, In Southern Nevada an excessive number of limousines may negatively affect the integrity and viability of the limousine industry and may negatively affect the taxi industry, as well as cause conflict between taxi and limousine drivers and companies which could negatively impact the tourism industries; now, therefore,”.

Amend the title of the bill to read as follows:

“AN ACT relating to limousines; temporarily prohibiting the Transportation Services Authority from accepting certain applications relating to certificates of public convenience and necessity for the operation of limousines; temporarily prohibiting fully regulated carriers from increasing the number of limousines which they operate; directing the Legislative Commission to conduct a study of issues relating to the allocation of limousines; authorizing the Transportation Services Authority under certain circumstances to adopt regulations providing for a system of allocations for limousines; and providing other matters properly relating thereto.”.

Senator Nolan moved the adoption of the amendment.

Remarks by Senator Nolan.

Amendment adopted.

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

UNFINISHED BUSINESS

Consideration of Assembly Amendments

Senate Bill No. 336.

The following Assembly amendment was read:

Amendment No. 843.

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) The date of the last publication;

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

(f) The name of the applicant; and

(g) That a protest must:

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

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

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

3. A protest to a proposed project:

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

(b) Must be in writing;

(c) Must be filed with the State Engineer within 30 days after the last publication of the notice;

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

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

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

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

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

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

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

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

Senator Rhoads moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 336.

Remarks by Senator Rhoads.

Motion carried.

Bill ordered transmitted to the Assembly.

Recede From Senate Amendments

Senator Shaffer moved that the Senate do not recede from its action on Assembly Bill No. 358, 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 Shaffer.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Madam President appointed Senators Amodei, Hardy and Schneider as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 358.

Recede From Senate Amendments

Senator O'Connell moved that the Senate do not recede from its action on Assembly Bill No. 398, 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 O'Connell.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Madam President appointed Senators Townsend, Hardy and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 398.

Recede From Senate Amendments

Senator Shaffer moved that the Senate do not recede from its action on Assembly Bill No. 444, 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.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Madam President appointed Senators Nolan, Carlton and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 444.

Recede From Senate Amendments

Senator O'Connell moved that the Senate do not recede from its action on Assembly Bill No. 529, 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.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Madam President appointed Senators Tiffany, Titus and Raggio as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 529.

Madam President appointed Senators Care, Amodei and Schneider as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 432.

Reports of Conference Committees

Madam President:

The first Conference Committee concerning Senate Bill No. 207, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 4, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend the bill as a whole by renumbering sections 1 through 27 as sections 2 through 28 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. Chapter 111 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The owner of an interest in real property may create a deed that conveys his interest in real property to a grantee which becomes effective upon the death of the owner. Such a conveyance is subject to liens on the property in existence on the date of the death of the owner.

2. The owner of an interest in real property who creates a deed pursuant to subsection 1 may designate in the deed:

(a) Multiple grantees who will take title to the property upon his death as joint tenants with right of survivorship, tenants in common, husband and wife as community property, community property with right of survivorship or any other tenancy that is recognized in this state.

(b) A successor in interest to the grantee. If a successor in interest is designated, the deed must include a provision stating the condition precedent for the interest of the successor to vest.

3. If the owner of the real property which is the subject of a deed created pursuant to subsection 1 holds the interest in the property as a joint tenant with right of survivorship or as community property with the right of survivorship and:

(a) The deed includes a conveyance of the interest from each of the other owners, the deed becomes effective on the date of the death of the last surviving owner; or

(b) The deed does not include a conveyance of the interest from each of the other owners, the deed becomes effective on the date of the death of the owner who created the deed only if the owner who conveyed his interest in real property to the grantee is the last surviving owner.

4. If an owner of an interest in real property who creates a deed pursuant to subsection 1 transfers his interest in the real property to another person during his lifetime, the deed created pursuant to subsection 1 is void.

5. The provisions of this section must not be construed to limit the recovery of benefits paid for Medicaid.”.

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

Amend sec. 14, page 8, line 7, by deleting: “15 and 16” and inserting: “16 and 17”.

Amend sec. 19, page 9, line 27, by deleting: “20 and 21” and inserting: “21 and 22”.

Amend sec. 23, page 11, line 5, by deleting “13” and inserting “14”.

Amend sec. 24, page 11, line 42, by deleting “13” and inserting “14”.

Amend sec. 25, page 12, line 19, by deleting “13” and inserting “14”.

Amend sec. 26, page 12, line 39, by deleting “13” and inserting “14”.

Amend the title of the bill, first line, after “estates;” by inserting:

“authorizing a person to convey his interest in real property in a deed which becomes effective upon his death;”.

Terry Care William Horne

Dennis Nolan John C. Carpenter

Maurice E. Washington Genie Ohrenschall

Senate Conference Committee Assembly Conference Committee

Senator Nolan moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 207.

Remarks by Senator Nolan.

Motion carried by a constitutional majority.

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Senate Bills Nos. 19, 55, 76, 78, 82, 100, 112, 146, 168, 176, 179, 181, 196, 262, 309, 312, 328, 329, 331, 332, 345, 354, 386, 416, 444, 452, 453, 470, 475, 485, 486, 489; Senate Joint Resolutions Nos. 3, 4; Senate Concurrent Resolution No. 39; Senate Resolution No. 9; Assembly Bills Nos. 190, 254, 320, 394, 425, 452, 470, 509, 514, 515; Assembly Concurrent Resolutions Nos. 29, 30.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to John B. Galli, Lavonne Hartley, Norm Budden, Carolyn Budden and Sheila Halloway.

On request of Senator Hardy, the privilege of the floor of the Senate Chamber for this day was extended to Branch Rickey Jr. and Richard Rees.

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Sienna Reid.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Jane Young, Lucille Franchini, Margie Beck, Maxine Cook and Edrie Schwake.

On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to David Cheval and Bill Burding.

Senator Raggio moved that the Senate adjourn until Thursday, May 29, 2003, at 11 a.m.

Motion carried.

Senate adjourned at 2:53 p.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest: Claire J. Clift

Secretary of the Senate