THE ONE HUNDRED AND EIGHTEENTH DAY

THE ONE HUNDRED AND EIGHTEENTH DAY

Carson City (Saturday), May 31, 2003

Senate called to order at 12:18 p.m.

President pro Tempore Amodei presiding.

Roll called.

All present.

Prayer by the Chaplain, Monte Fast, Director of Friends in Service Helping.

To the author of liberty, we came together hearing a stirring challenge to do the right thing. We have learned that no individual knows for certain what that right thing is. It is in the collective deliberations of these citizens of our State that a pathway to that right thing must be found.

We may fail. We will not fail in trying. We will not fail in listening. We will not fail in considering the impact of each decision that is made.

When this room falls quiet for another two years, let those whose lives and livelihoods are changed say the right thing was accomplished.

Amen.

Pledge of allegiance to the Flag.

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

Motion carried.

REPORTS OF COMMITTEES

Mr. President pro Tempore:

Your Committee on Finance, to which was referred Assembly Bill No. 392, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Your Committee on Finance, to which were referred Senate Bills Nos. 188, 243, 498; Assembly Bill No. 544, 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

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 30, 2003

To the Honorable the Senate:

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

Also, I have the honor to inform your honorable body that the Assembly on this day adopted, as amended, Assembly Concurrent Resolution No. 19.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendments Nos. 931, 913 to Assembly Bill No. 395.

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. 934 to Assembly Bill No. 249.

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. 46, and requests a conference, and appointed Assemblymen Giunchigliani, Leslie and Hettrick 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 Goldwater, Pierce and Gibbons as a first Conference Committee concerning Assembly Bill No. 502.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Chowning, Carpenter and Claborn as a first Conference Committee concerning Assembly Bill No. 518.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Assembly Bills Nos. 78, 358; Senate Bill No. 372.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 19.

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

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Finance:

Senate Bill No. 503—AN ACT relating to education; providing for the participation of homeschooled children in interscholastic activities and events under certain circumstances; requiring the association formed for the purposes of controlling, supervising and regulating interscholastic events to adopt regulations governing the participation of homeschooled children; requiring the association to consult with certain homeschool advisory councils concerning the adoption and revisions of such regulations; revising the minimum qualifications for receipt of a millennium scholarship; 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. 250.

Bill read third time.

The following amendment was proposed by Senator Titus:

Amendment No. 971.

Amend sec. 37, page 16, line 26, by deleting: “clear and convincing” and inserting: “a preponderance of the”.

Amend sec. 52, page 23, line 15, by deleting: “clear and convincing” and inserting: “a preponderance of the”.

Amend sec. 58, page 27, lines 10 and 11, by deleting: “or, when the issue is the revocation of the license, by clear and convincing evidence”.

Senator Care moved the adoption of the amendment.

Remarks by Senators Care and Townsend.

Motion failed.

Roll call on Senate Bill No. 250:

Yeas—16.

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

Senate Bill No. 250 having received a two-thirds majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Recede From Senate Amendments

Senator Townsend moved that the Senate do not recede from its action on Assembly Bill No. 493, that a conference be requested, and that Mr. President pro Tempore appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.

Remarks by Senator Townsend.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Mr. President pro Tempore appointed Senators Hardy, O'Connell and Carlton as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 493.

Reports of Conference Committees

Mr. President pro Tempore:

The first Conference Committee concerning Senate Bill No. 34, consisting of the undersigned members, has met and reports that:

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

	Vonne Chowning
Raymond D. Rawson	Jason Geddes
Bernice Mathews	Bob McCleary
Senate Conference Committee	Assembly Conference Committee

Senator Rawson moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 34.

Remarks by Senator Rawson.

Motion carried by a constitutional majority.

Mr. President pro Tempore:

The first Conference Committee concerning Senate Bill No. 336, 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. 23, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend the bill as a whole by renumbering sections 5 through 7 as sections 17 through 19 and adding new sections designated sections 5 through 16, following sec. 4, to read as follows:

“Sec. 5. NRS 349.983 is hereby amended to read as follows:

349.983 1. Grants may be made pursuant to paragraph (a) of subsection 1 of NRS 349.981 only for the Lincoln Valley Water District and those community and nontransient water systems that:

(a) Were in existence on January 1, 1995; and

(b) Are currently publicly owned.

2. In making its determination of which purveyors of water are to receive grants pursuant to paragraph (a) of subsection 1 of NRS 349.981, the Board shall give preference to those purveyors of water whose public water systems regularly serve fewer than 6,000 persons.

3. Each recipient of a grant pursuant to paragraph (a) of subsection 1 of NRS 349.981 shall provide an amount of money for the same purpose. The Board shall develop a scale to be used to determine that amount, but the recipient must not be required to provide an amount less than 15 percent or more than 75 percent of the amount of the grant. The scale must be based upon the average household income of the customers of the recipient, and provide adjustments for the demonstrated economic hardship of those customers, the existence of an imminent risk to public health and any other factor that the Board determines to be relevant.

Sec. 6. As used in sections 6 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 7, 8 and 9 of this act have the meanings ascribed to them in those sections.

Sec. 7. “Board” means the Governing Board of the District.

Sec. 8. “District” means the Lincoln County Water District created by section 10 of this act.

Sec. 9. “Service area” means the service area of the District described in section 10 of this act.

Sec. 10. There is hereby created a political subdivision of this state to be known as the “Lincoln County Water District.” The jurisdiction and service area of the District are all that real property within the boundaries of Lincoln County, Nevada, as described in NRS 243.210, 243.215 and 243.220.

Sec. 11. The District has the following powers:

1. To have perpetual succession.

2. To sue and be sued in the name of the District in all courts or tribunals of competent jurisdiction.

3. To adopt a seal and alter it at the pleasure of the District.

4. To enter into contracts, and employ and fix the compensation of staff and professional advisers.

5. To incur indebtedness pursuant to chapter 271 of NRS, issue bonds pursuant to chapter 350 of NRS and provide for medium-term obligations pursuant to chapter 350 of NRS to pay, in whole or in part, the costs of acquiring, constructing and operating any lands, easements, water rights, water, waterworks or projects, conduits, pipelines, wells, reservoirs, structures, machinery and other property or equipment useful or necessary to store, convey, supply or otherwise deal with water, and otherwise to carry out the powers set forth in this section. For the purposes of NRS 350.572, sections 6 to 16, inclusive, of this act do not expressly or impliedly require an election before the issuance of a security or indebtedness pursuant to NRS 350.500 to 350.720, inclusive, if the obligation is payable solely from pledged revenues, but an election must be held before incurring a general obligation.

6. To acquire, by purchase, grant, gift, devise, lease, construction, contract or otherwise, lands, rights-of-way, easements, privileges, water and water rights, and property of every kind, whether real or personal, to construct, maintain and operate, within or without the District, any and all works and improvements necessary or proper to carry out any of the objects or purposes of sections 6 to 16, inclusive, of this act, and to complete, extend, add to, repair or otherwise improve any works, improvements or property acquired by it as authorized by sections 6 to 16, inclusive, of this act.

7. To sell, lease, encumber, hypothecate or otherwise dispose of property, whether real or personal, including, without limitation, water and water rights, as is necessary or convenient to the full exercise of the powers of the District.

8. To adopt ordinances, rules, regulations and bylaws necessary for the exercise of the powers and conduct of the affairs of the Board and District.

9. Except as otherwise provided in this subsection, to exercise the power of eminent domain in the manner prescribed by law, within or without the service area, to take any property, including, without limitation, the property specified in subsections 6 and 15, necessary or convenient for the exercise of the powers of the District or for the provision of adequate water service to the service area. The District shall not exercise the power of eminent domain to acquire the water rights or waterworks facilities of any nonprofit purveyor delivering water for domestic use whose service area is adjacent to the District without first obtaining the consent of the purveyor.

10. To enter upon any land, to make surveys and locate any necessary improvements, including, without limitation, lines for channels, conduits, canals, pipelines, roadways and other rights-of-way, to acquire property necessary or convenient for the construction, use, supply, maintenance, repair and improvement of such improvements, including, without limitation, works constructed and being constructed by private owners, lands for reservoirs for the storage of necessary water, and all necessary appurtenances, and, where necessary and for the purposes and uses set forth in this section, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions or other rights.

11. To enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county or district of any kind, public or private corporation, association, firm or natural person, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair or operation of any rights, works or other property of a kind which may be lawfully acquired or owned by the District.

12. To acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the District, and to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the District, or to carry such water through any tunnel, canal, ditch or conduit of the District.

13. To enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or natural person, or any number of them, for the transfer or delivery to any district, corporation, association, firm or natural person of any water right or water pumped, stored, appropriated or otherwise acquired or secured for the use of the District, or for the purpose of exchanging the water or water right for any other water, water right or water supply to be delivered to the District by the other party to the agreement.

14. To cooperate and act in conjunction with the State of Nevada or any of its engineers, officers, boards, commissions, departments or agencies, with the Government of the United States or any of its engineers, officers, boards, commissions, departments or agencies, or with any public or private corporation, to construct any work for the development, importation or distribution of water of the District, for the protection of life or property therein, or for the conservation of its water for beneficial use within the District, or to carry out any other works, acts or purposes provided for in sections 6 to 16, inclusive, of this act, and to adopt and carry out any definite plan or system of work for any of the purposes described in sections 6 to 16, inclusive, of this act.

15. To store water in surface or underground reservoirs within or without the District for the common benefit of the District, to conserve and reclaim water for present and future use within the District, to appropriate and acquire water and water rights and import water into the District for any useful purpose to the District, and to commence, maintain, intervene in and compromise in the name of the District, or otherwise, and assume the costs and expenses of any action or proceeding involving or affecting:

(a) The ownership or use of water or water rights within or without the District used or useful for any purpose of the District or of common benefit to any land situated therein;

(b) The wasteful use of water within the District;

(d) The contamination or pollution of the surface or subsurface water used in the District or any other act that otherwise renders such water unfit for beneficial use; and

(e) The interference with this water that may endanger or damage the residents, lands or use of water in the District.

16. To sell and distribute water under the control of the District, without preference, to any natural person, firm, corporation, association, district, agency or inhabitant, public or private, for use within the service area, to fix, establish and adjust rates, classes of rates, terms and conditions for the sale and use of such water, and to sell water for use outside the service area upon a finding by the Board that there is a surplus of water above that amount required to serve customers within the service area.

17. To cause taxes to be levied and collected for the purposes prescribed in sections 6 to 16, inclusive, of this act, including, without limitation, the payment of any obligation of the District during its organizational state and thereafter, and necessary engineering costs, and to assist in the operational expenses of the District, until such taxes are no longer required.

18. To supplement the surface and ground-water resources of Lincoln County by the importation and use of water from other sources for industrial, irrigation, municipal and domestic uses.

19. To restrict the use of water of the District during any emergency caused by drought or other threatened or existing water shortage, and to prohibit the waste of water of the District at any time through the adoption of ordinances, rules or regulations and the imposition of fines for violations of those ordinances, rules and regulations.

20. To supply water under contract or agreement, or in any other manner, to the United States or any department or agency thereof, the State of Nevada, Lincoln County, Nevada, and any city, town, corporation, association, partnership or natural person situated in Lincoln County, Nevada, for an appropriate charge, consideration or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the District.

21. To create assessment districts to extend mains, improve distribution systems and acquire presently operating private water companies and mutual water distribution systems.

22. To accept from the Government of the United States or any of its agencies financial assistance or participation in the form of grants-in-aid or any other form in connection with any of the functions of the District.

23. To do all acts and things reasonably implied from and necessary for the full exercise of all powers of the District granted by sections 6 to 16, inclusive, of this act.

Sec. 12. 1. All powers, duties and privileges of the District must be exercised and performed by the Board.

2. The Board must be composed of the members of the Board of County Commissioners of Lincoln County.

Sec. 13. 1. The Board shall:

(a) Choose one of its members to be Chairman, and prescribe the term of that office and the powers and duties thereof.

(b) Fix the time and place at which its regular meetings will be held and provide for the calling and conduct of special meetings.

(d) Elect a Secretary-Treasurer of the Board and the District, who may or may not be a member of the Board.

(e) Appoint a General Manager who must not be a member of the Board.

(f) Delegate and redelegate to officers of the District the power to employ necessary executives, clerical workers, engineering assistants and laborers, and retain legal, accounting or engineering services, subject to such conditions and restrictions as may be imposed by the Board.

(g) Prescribe the powers, duties, compensation and benefits of all officers and employees of the District, and require all bonds necessary to protect the money and property of the District.

(h) Take all actions and do all things reasonably and lawfully necessary to conduct the business of the District and achieve the purposes of sections 6 to 16, inclusive, of this act.

2. A simple majority of the members of the Board constitutes a quorum. The vote of a simple majority of the quorum is required to take action.

3. Members of the Board are entitled to receive a salary of not more than $80 per day and reasonable per diem and travel expenses, as set by the Board, for their attendance at meetings and conduct of other business of the District.

Sec. 14. 1. The Board may levy and collect general ad valorem taxes on all taxable property within the District, but only for the payment of principal and interest on its general obligations. Such a levy and collection must be made in conjunction with Lincoln County in the manner prescribed in this section.

2. The Board shall determine the amount of money necessary to be raised by taxation for a particular year in addition to other sources of revenue of the District. The Board then shall fix a rate of levy which, when applied to the assessed valuation of all taxable property within the District, will produce an amount, when combined with other revenues of the District, sufficient to pay, when due, all principal of and interest on general obligations of the District and any defaults or deficiencies relating thereto.

3. In accordance with and in the same manner required by the law applicable to incorporated cities, the Board shall certify the rate of levy fixed pursuant to subsection 2 for levy upon all taxable property in the District in accordance with such rate at the time and in the manner required by law for levying of taxes for county purposes.

4. The proper officer or authority of Lincoln County, upon behalf of the District, shall levy and collect the tax for the District specified in subsection 3. Such a tax must be collected in the same manner, including, without limitation, interest and penalties, as other taxes collected by the County. When collected, the tax must be paid to the District in monthly installments for deposit in the appropriate depository of the District.

5. If the taxes levied are not paid, the property subject to the tax lien must be sold and the proceeds of the sale paid to the District in accordance with the law applicable to tax sales and redemptions.

Sec. 15. The District is exempt from regulation by the Public Utilities Commission of Nevada.

Sec. 16. If any provision of sections 6 to 16, inclusive, of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity does not affect the provisions or application of sections 6 to 16, inclusive, of this act that can be given effect without the invalid provision or application, and to this end the provisions of sections 6 to 16, inclusive, of this act are declared to be severable.”.

Amend sec. 7, page 8, by deleting lines 38 and 39 and inserting:

“Sec. 19. 1. This section and sections 5 to 16, inclusive, of this act become effective upon passage and approval.

2. Sections 1 to 4, inclusive, 17 and 18 of this act become effective on July 1, 2003.

3. Section 17 of this act expires by limitation on June 30, 2005.”.

Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:

“WHEREAS, Adequate and efficient water service is vital to the economic development and well-being of the residents of Lincoln County; and

WHEREAS, Inhabited areas of Lincoln County are remote from any established water system, thus dictating that indispensable activities such as water service be administered by a governmental entity created for the residents of Lincoln County; and

WHEREAS, Lincoln County could best be served water through a single governmental entity; now, therefore,”.

Amend the title of the bill, seventh line, after “reports;” by inserting: “creating the Lincoln County Water District; setting forth the powers of the District and the form and method of governance of the District;”.

Amend the summary of the bill to read as follows:

“SUMMARY¾Makes various changes relating to water rights and creates Lincoln County Water District. (BDR 48‑848)”.

Dean A. Rhoads	Ellen Koivisto
Mike McGinness
Michael Schneider	Tom Grady
Senate Conference Committee	Assembly Conference Committee

Senator Rhoads moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 336.

Remarks by Senators Rhoads, Carlton and Hardy.

Motion carried by a constitutional majority.

Mr. President pro Tempore:

The first Conference Committee concerning Senate Bill No. 436, 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. 22, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend sec. 23, page 12, line 43, after “stockholders” by inserting “or creditors”.

Amend sec. 34, page 23, line 20, by deleting “15D” and inserting “15(d)”.

Amend the bill as a whole by adding a new section designated sec. 80.5, following sec. 80, to read as follows:

“Sec. 80.5. NRS 80.015 is hereby amended to read as follows:

80.015 1. For the purposes of this chapter, the following activities do not constitute doing business in this state:

(a) Maintaining, defending or settling any proceeding;

(b) Holding meetings of the board of directors or stockholders or carrying on other activities concerning internal corporate affairs;

(d) Maintaining offices or agencies for the transfer, exchange and registration of the corporation’s own securities or maintaining trustees or depositaries with respect to those securities;

(e) Making sales through independent contractors;

(f) Soliciting or receiving orders outside of this state through or in response to letters, circulars, catalogs or other forms of advertising, accepting those orders outside of this state and filling them by shipping goods into this state;

(g) Creating or acquiring indebtedness, mortgages and security interests in real or personal property;

(h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts;

(i) Owning, without more, real or personal property;

(j) Isolated transactions completed within 30 days and not a part of a series of similar transactions;

(k) The production of motion pictures as defined in NRS 231.020;

(l) Transacting business as an out-of-state depository institution pursuant to the provisions of title 55 of NRS; and

(m) Transacting business in interstate commerce.

2. The list of activities in subsection 1 is not exhaustive.

3. A person who is not doing business in this state within the meaning of this section need not qualify or comply with any provision of this chapter, chapter 645A, 645B or 645E of NRS or title 55 or 56 of NRS unless he:

(a) Maintains an office in this state for the transaction of business; or

(b) Solicits or accepts deposits in the State, except pursuant to the provisions of chapter 666 or 666A of NRS.

4. The fact that a person is not doing business in this state within the meaning of this section:

(a) Does not affect the determination of whether any court, administrative agency or regulatory body in this state may exercise personal jurisdiction over the person in any civil action, criminal action, administrative proceeding or regulatory proceeding; and

(b) Except as otherwise provided in subsection 3, does not affect the applicability of any other provision of law with respect to the person and may not be offered as a defense or introduced in evidence in any civil action, criminal action, administrative proceeding or regulatory proceeding to prove that the person is not doing business in this state, including, without limitation, any civil action, criminal action, administrative proceeding or regulatory proceeding involving an alleged violation of chapter 597, 598 or 598A of NRS.

5. As used in this section and for the purposes of NRS 80.016, “deposits” means demand deposits, savings deposits and time deposits, as those terms are defined in chapter 657 of NRS.”.

Amend the bill as a whole by deleting sections 139 through 142 and adding new sections designated sections 139 through 142, following sec. 138, to read as follows:

“Sec. 139. Chapter 86 of NRS is hereby amended by adding thereto the provisions set forth as sections 140, 141 and 142 of this act.

Sec. 140. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Sec. 141. 1. For the purposes of NRS 86.543 to 86.549, inclusive, and sections 141 and 142 of this act, the following activities do not constitute transacting business in this state:

(a) Maintaining, defending or settling any proceeding;

(b) Holding meetings of the managers or members or carrying on other activities concerning internal company affairs;

(c) Maintaining accounts in banks or credit unions;

(d) Maintaining offices or agencies for the transfer, exchange and registration of the company’s own securities or maintaining trustees or depositaries with respect to those securities;

(e) Making sales through independent contractors;

(f) Soliciting or receiving orders outside this state through or in response to letters, circulars, catalogs or other forms of advertising, accepting those orders outside this state and filling them by shipping goods into this state;

(g) Creating or acquiring indebtedness, mortgages and security interests in real or personal property;

(h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts;

(i) Owning, without more, real or personal property;

(j) Isolated transactions completed within 30 days and not a part of a series of similar transactions;

(k) The production of motion pictures as defined in NRS 231.020;

(l) Transacting business as an out-of-state depository institution pursuant to the provisions of title 55 of NRS; and

(m) Transacting business in interstate commerce.

2. The list of activities in subsection 1 is not exhaustive.

3. A person who is not transacting business in this state within the meaning of this section need not qualify or comply with any provision of this chapter, title 55 or 56 of NRS or chapter 645A, 645B or 645E of NRS unless he:

(a) Maintains an office in this state for the transaction of business; or

(b) Solicits or accepts deposits in the State, except pursuant to the provisions of chapter 666 or 666A of NRS.

4. The fact that a person is not transacting business in this state within the meaning of this section:

(b) Except as otherwise provided in subsection 3, does not affect the applicability of any other provision of law with respect to the person and may not be offered as a defense or introduced in evidence in any civil action, criminal action, administrative proceeding or regulatory proceeding to prove that the person is not transacting business in this state, including, without limitation, any civil action, criminal action, administrative proceeding or regulatory proceeding involving an alleged violation of chapter 597, 598 or 598A of NRS.

5. As used in this section, “deposits” means demand deposits, savings deposits and time deposits, as those terms are defined in chapter 657 of NRS.

Sec. 142. 1. For the purposes of section 141 of this act, a solicitation of a deposit is made in this state, whether or not either party is present in this state, if the solicitation:

(a) Originates in this state; or

(b) Is directed by the solicitor to a destination in this state and received where it is directed, or at a post office in this state if the solicitation is mailed.

2. A solicitation of a deposit is accepted in this state if acceptance:

(a) Is communicated to the solicitor in this state; and

(b) Has not previously been communicated to the solicitor, orally or in writing, outside this state.

Acceptance is communicated to the solicitor in this state, whether or not either party is present in this state, if the depositor directs it to the solicitor reasonably believing the solicitor to be in this state and it is received where it is directed, or at any post office in this state if the acceptance is mailed.

3. A solicitation made in a newspaper or other publication of general, regular and paid circulation is not made in this state if the publication:

(a) Is not published in this state; or

(b) Is published in this state but has had more than two-thirds of its circulation outside this state during the 12 months preceding the solicitation.

If a publication is published in editions, each edition is a separate publication except for material common to all editions.

4. A solicitation made in a radio or television program or other electronic communication received in this state which originates outside this state is not made in this state. A radio or television program or other electronic communication shall be deemed to have originated in this state if the broadcast studio or origin of the source of transmission is located within the State, unless:

(a) The program or communication is syndicated and distributed from outside this state for redistribution to the general public in this state;

(b) The program is supplied by a radio, television or other electronic network whose electronic signal originates outside this state for redistribution to the general public in this state;

(c) The program or communication is an electronic signal that originates outside this state and is captured for redistribution to the general public in this state by a community antenna or cable, radio, cable television or other electronic system; or

(d) The program or communication consists of an electronic signal which originates within this state, but which is not intended for redistribution to the general public in this state.”.

Amend the bill as a whole by deleting sec. 160 and adding a new section designated sec. 160, following sec. 159, to read as follows:

“Sec. 160. NRS 86.549 is hereby amended to read as follows:

86.549 The Attorney General may bring an action to restrain a foreign limited-liability company from transacting business in this state in violation of NRS 86.543 to 86.549, inclusive ~~[.]~~ , and sections 141 and 142 of this act.”.

Amend the bill as a whole by deleting sections 174 through 176 and adding new sections designated sections 174 through 176, following sec. 173, to read as follows:

“Sec. 174 Chapter 88 of NRS is hereby amended by adding thereto the provisions set forth as sections 175 and 176 of this act.

Sec. 175. 1. For the purposes of NRS 88.570 to 88.605, inclusive, and sections 175 and 176 of this act, the following activities do not constitute transacting business in this state:

(a) Maintaining, defending or settling any proceeding;

(b) Holding meetings of the managers or members or carrying on other activities concerning internal company affairs;

(c) Maintaining accounts in banks or credit unions;

(d) Maintaining offices or agencies for the transfer, exchange and registration of the company’s own securities or maintaining trustees or depositaries with respect to those securities;

(e) Making sales through independent contractors;

(g) Creating or acquiring indebtedness, mortgages and security interests in real or personal property;

(h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts;

(i) Owning, without more, real or personal property;

(j) Isolated transactions completed within 30 days and not a part of a series of similar transactions;

(k) The production of motion pictures as defined in NRS 231.020;

(l) Transacting business as an out-of-state depository institution pursuant to the provisions of title 55 of NRS; and

(m) Transacting business in interstate commerce.

2. The list of activities in subsection 1 is not exhaustive.

(a) Maintains an office in this state for the transaction of business; or

(b) Solicits or accepts deposits in the State, except pursuant to the provisions of chapter 666 or 666A of NRS.

4. The fact that a person is not transacting business in this state within the meaning of this section:

(b) Except as otherwise provided in subsection 3, does not affect the applicability of any other provision of law with respect to the person and may not be offered as a defense or introduced in evidence in any civil action, criminal action, administrative proceeding or regulatory proceeding to prove that the person is not transacting business in this state, including, without limitation, any civil action, criminal action, administrative proceeding or regulatory proceeding involving an alleged violation of chapter 597, 598 or 598A of NRS.

5. As used in this section, “deposits” means demand deposits, savings deposits and time deposits, as those terms are defined in chapter 657 of NRS.

Sec. 176. 1. For the purposes of section 175 of this act, a solicitation of a deposit is made in this state, whether or not either party is present in this state, if the solicitation:

(a) Originates in this state; or

(b) Is directed by the solicitor to a destination in this state and received where it is directed, or at a post office in this state if the solicitation is mailed.

2. A solicitation of a deposit is accepted in this state if acceptance:

(a) Is communicated to the solicitor in this state; and

(b) Has not previously been communicated to the solicitor, orally or in writing, outside this state.

3. A solicitation made in a newspaper or other publication of general, regular and paid circulation is not made in this state if the publication:

(a) Is not published in this state; or

(b) Is published in this state but has had more than two-thirds of its circulation outside this state during the 12 months preceding the solicitation.

If a publication is published in editions, each edition is a separate publication except for material common to all editions.

(a) The program or communication is syndicated and distributed from outside this state for redistribution to the general public in this state;

(b) The program is supplied by a radio, television or other electronic network whose electronic signal originates outside this state for redistribution to the general public in this state;

(d) The program or communication consists of an electronic signal which originates within this state, but which is not intended for redistribution to the general public in this state.”.

Amend the bill as a whole by deleting sec. 194 and adding a new section designated sec. 194, following sec. 193, to read as follows:

“Sec. 194. NRS 88.605 is hereby amended to read as follows:

88.605 The Attorney General may bring an action to restrain a foreign limited partnership from transacting business in this state in violation of NRS 88.570 to 88.605, inclusive ~~[.]~~ , and sections 175 and 176 of this act.”.

Amend sec. 263, page 145, by deleting line 1 and inserting:

“(b) Notarized ~~[.]~~ , unless the board of county commissioners of the county adopts an ordinance providing that the certificate may be filed without being notarized.”.

Valerie Wiener	Barbara Buckley
Mark E. Amodei	David Brown
Terry Care	Marcus Conklin
Senate Conference Committee	Assembly Conference Committee

Senator Wiener moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 436.

Remarks by Senators Wiener, Neal and Care.

Motion carried by a two-thirds majority.

Mr. President pro Tempore:

The first Conference Committee concerning Assembly Bill No. 78, 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. 5, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend sec. 7, page 8, by deleting lines 9 through 11 and inserting:

“(b) Except as otherwise provided in this paragraph, may, in the discretion of the Department, disclose to the requester information concerning an offender who is assigned a Tier 2 level of notification. The Central Repository shall not disclose to the requester information concerning an offender who is assigned a Tier 2 level of notification if the offender:

(1) Has been released from actual custody for 10 years or more; and

(2) Has not been convicted of committing a sexual offense during the immediately preceding 10 years.”.

Dennis Nolan	Bernie Anderson
Mike McGinness	Garn Mabey
Valerie Wiener	Genie Ohrenschall
Senate Conference Committee	Assembly Conference Committee

Senator Nolan moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 78.

Remarks by Senator Nolan.

Motion carried by a constitutional majority.

Mr. President pro Tempore:

The first Conference Committee concerning Assembly Bill No. 358, 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. 10, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend section 1, page 2, line 2, by deleting “1.5” and inserting “1.3”.

Amend the bill as a whole by renumbering sec. 1.5 as sec. 1.7 and adding a new section designated sec. 1.3, following section 1, to read as follows:

“Sec. 1.3. 1. Except as otherwise provided in this subsection, the Department, in cooperation with the Immigrant Workers Citizenship Project or its successor, shall design, prepare and issue license plates for the support of naturalized citizenship, using any colors and designs that the Department deems appropriate. The design of the license plates must include a depiction of the Aztec Calendar. The Department shall not design, prepare or issue the license plates unless it receives at least 1,000 applications for the issuance of those plates.

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

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

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

5. The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Immigrant Workers Citizenship Project or its successor for its programs and charitable activities in support of naturalized citizenship.

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

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

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

Amend sec. 5, page 6, line 9, by deleting “section 1.5” and inserting: “section 1.3 or 1.7”.

Amend sec. 7, page 8, line 31, by deleting “1.5” and inserting “1.3, 1.7”.

Amend sec. 9, page 10, line 14, by deleting “1.5” and inserting “1.3, 1.7”.

Amend sec. 10, page 10, by deleting lines 40 and 41 and inserting: “applications it has received for the issuance of license plates:

1. Pursuant to section 1.3 of this act; and

2. Pursuant to section 1.7 of this act.”.

Amend sec. 11, page 11, line 1, by deleting “1.5” and inserting “1.3”.

Amend sec. 11, page 11, after line 4, by inserting:

“4. Section 1.7 of this act expires by limitation on July 1, 2005, if on that date the Department of Motor Vehicles has received fewer than 1,000 applications for the issuance of license plates pursuant to that section.”.

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

“AN ACT relating to motor vehicles; providing for the issuance of special license plates for the support of naturalized citizenship; providing for the issuance of special license plates for the support of the conservation of wetlands; imposing a fee for the issuance and renewal of such license plates; providing for the design, preparation and”.

Mark E. Amodei	John Oceguera
Warren B. Hardy	Rod Sherer
Michael Schneider	Genie Ohrenschall
Senate Conference Committee	Assembly Conference Committee

Senator Hardy moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 358.

Remarks by Senator Hardy.

Motion carried by a two-thirds majority.

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

Motion carried.

Senate in recess at 12:37 p.m.

SENATE IN SESSION

At 12:46 p.m.

President pro Tempore Amodei presiding.

Quorum present.

SECOND READING AND AMENDMENT

Senate Bill No. 188.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 973.

Amend sec. 3, page 3, line 14, by deleting: “~~[may furnish a]~~ must” and inserting: “may ~~[furnish a]~~”.

Amend sec. 5, page 4, line 6, by deleting “9,” and inserting “10,”.

Amend the bill as a whole by renumbering sections 7 through 13 as sections 8 through 14 and adding a new section designated sec. 7, following sec. 6, to read as follows:

“Sec. 7. Any gift, donation, bequest, grant or other source of money received by the University of Nevada School of Medicine for the development of an obstetrical access program may be used to:

1. Provide financial support and education to faculty and residents in the Departments of Family and Community Medicine and Obstetrics and Gynecology within the University of Nevada School of Medicine and to expand the clinical services provided by such faculty and residents in areas and to populations that need obstetrical services.

2. Provide money to Nevada Health Centers, Inc., or its successor, to expand the clinical prenatal and obstetrical practice base of community health center clinics and to provide uninsured, underinsured and Medicaid patients with increased access to clinical prenatal and obstetrical care.

3. Establish a fund that allows practicing community providers of prenatal care that are participating in the obstetrical access program to draw upon money to partially compensate them for providing care to patients who have no access to clinical care because of their financial status.

4. Develop a database of clinical practitioners providing prenatal or obstetrical services throughout the State to monitor and analyze:

(a) The relationship between declining services and the supply and distribution of appropriate providers of health care;

(b) The impact of access to care issues on pregnant women, including, without limitation, poor birth outcomes which result from lack of access to care, the financial impact of such poor birth outcomes and the effects of receiving inadequate prenatal care; and

(c) The impact of adverse judicial decisions on the delivery of obstetrical services.

5. Subsidize malpractice costs for clinical providers of prenatal care who maintain at least 30 percent or more of prenatal or obstetrical patients in their practice who are uninsured, underinsured or insured by Medicaid, or who use a sliding fee scale based on a patient’s financial resources when charging for such services. The subsidy must be calculated based on the number of qualified clinical providers of prenatal care, the proportion of financially compromised patients served by such providers and the total amount of money available for subsidies.”.

Amend sec. 7, page 4, line 11, before “The” by inserting “1.”.

Amend sec. 7, page 4, line 16, by deleting “1.” and inserting “(a)”.

Amend sec. 7, page 4, line 20, by deleting “2.” and inserting “(b)”.

Amend sec. 7, page 4, line 24, by deleting “(a)” and inserting “(1)”.

Amend sec. 7, page 4, line 26, by deleting “(b)” and inserting “(2)”.

Amend sec. 7, page 4, line 29, by deleting “(c)” and inserting “(3)”.

Amend sec. 7, page 4, line 31, by deleting “(d)” and inserting “(4)”.

Amend sec. 7, page 4, line 33, by deleting “(e)” and inserting “(5)”.

Amend sec. 7, page 4, between lines 35 and 36, by inserting:

“2. Any gift, donation, bequest, grant or other source of money received by the Nevada Office of Rural Health may be used to carry out the provisions of this section.”.

Amend sec. 8, page 5, line 23, after “2.” by inserting: “Any gift, donation, bequest, grant or other source of money received by the Area Health Education Center Program may be used to carry out the provisions of this section.

3.”.

Amend sec. 9, page 5, line 34, after “may” by inserting “be”.

Amend sec. 9, page 6, by deleting lines 6 through 9 and inserting:

“(f) Distribute a portion of any money it receives for graduate medical education”.

Amend sec. 9, page 6, line 32, after “2.” by inserting: “Any gift, donation, bequest, grant or other source of money received by the Medical Education Council of Nevada may be used to carry out the provisions of this section.

3.”.

Amend the bill as a whole by deleting sections 14 through 17 and adding a new section designated sec. 15, following sec. 13, to read as follows:

“Sec. 15. This act becomes effective on July 1, 2003.”.

Amend the title of the bill, eighteenth line, by deleting “making appropriations;” and inserting: “making various changes concerning the use of certain money received by the University of Nevada School of Medicine;”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 243.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 964.

Amend section 1, page 1, line 1, before “There” by inserting “1.”.

Amend section 1, page 1, line 3, by deleting “$50,000,000.” and inserting:“$30,000,000.

2. Notwithstanding the provisions of NRS 353.235:

(a) Upon receipt of the projections and estimates of the Economic Forum required by paragraph (d) of subsection 1 of NRS 353.228 to be reported on or before December 1, 2004, the Interim Finance Committee shall project the ending balance of the State General Fund for Fiscal Year 2004-2005, using all relevant information known to it.

(b) Except as otherwise provided in paragraph (c), there is hereby contingently appropriated from the State General Fund to the Fund to Stabilize the Operation of State Government created by NRS 353.288 the amount, if any, by which the projection required by paragraph (a) exceeds the amount of the ending balance of the State General Fund for Fiscal Year 2004-2005 as estimated by the 2003 Legislature.

Amend sec. 2, page 1, line 4, by deleting: “June 30, 2003.” and inserting: “July 1, 2004.”.

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

Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriations from State General Fund to Fund to Stabilize the Operation of State Government. (BDR S‑1234)”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 498.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 965.

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

“Section 1. Notwithstanding the provisions of NRS 90.851:

1. Except as otherwise provided in subsection 2, the State Controller shall transfer from the Revolving Account for Investigation, Enforcement and Education created by NRS 90.851 to the Contingency Fund created by NRS 353.266 any money received during the 2003-2005 biennium as a result of the settlement agreement finalized on April 28, 2003, or any other settlement agreement finalized after that date, between leading investment firms and the Securities and Exchange Commission, or any resulting settlement agreements between such leading investment firms and this state entered into on or after April 28, 2003.

2. The provisions of subsection 1 do not apply to any money received pursuant to an agreement that expressly designates that money as money for the education of investors.

3. Upon the request of the State Public Works Board, the Interim Finance Committee may transfer to the appropriate account for the use of the State Public Works Board any money transferred to the Contingency Fund pursuant to subsection 1. Money transferred pursuant to this subsection must be used for costs of construction and other costs associated with the project numbered and described in the executive budget for the Fiscal Years 2003‑2004 and 2004-2005 or otherwise described as project 03-C6, State Emergency Operations Center.”.

Amend the title of the bill to read as follows:

“AN ACT relating to state financial administration; providing for the transfer and use of certain money received from leading investment firms pursuant to certain settlement agreements; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Provides for transfer and use of certain money received from leading investment firms pursuant to certain settlement agreements. (BDR 7‑1358)”.

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. 544.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 966.

Amend the bill as a whole by renumbering sec. 3 as sec. 7 and adding new sections designated sections 3 through 6, following sec. 2, to read as follows:

“Sec. 3. 1. To effect an increase of approximately 15.4 percent in the Retired Employees’ Group Insurance assessment, there is hereby appropriated from the State General Fund to the Interim Finance Committee for the fiscal year beginning on July 1, 2003, and ending on June 30, 2004, the sum of $824,391, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 72nd Session of the Legislature and the requirements for the Retired Employees’ Group Insurance assessment of those departments, commissions and agencies, including the Judicial Branch of State Government.

2. To effect an increase of approximately 13.3 percent in the Retired Employees’ Group Insurance assessment, there is hereby appropriated from the State General Fund to the Interim Finance Committee for the fiscal year beginning on July 1, 2004, and ending on June 30, 2005, the sum of $806,488, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 72nd Session of the Legislature and the requirements for the Retired Employees’ Group Insurance assessment of those departments, commissions and agencies, including the Judicial Branch of State Government.

3. The Interim Finance Committee may allocate and disburse to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section, such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the Retired Employees’ Group Insurance assessment of the respective departments, commissions and agencies under the increased assessment rates.

Sec. 4. 1. To effect an increase of approximately 15.4 percent in the Retired Employees’ Group Insurance assessment, there is hereby appropriated from the State Highway Fund to the Interim Finance Committee for the fiscal year beginning on July 1, 2003, and ending on June 30, 2004, the sum of $160,868, for the purpose of meeting any deficiencies which may be created between the appropriated money of the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority as fixed by the 72nd Session of the Legislature and the requirements for the Retired Employees’ Group Insurance assessment of the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority.

2. To effect an increase of approximately 13.3 percent in the Retired Employees’ Group Insurance assessment, there is hereby appropriated from the State Highway Fund to the Interim Finance Committee for the fiscal year beginning on July 1, 2004, and ending on June 30, 2005, the sum of $161,950, for the purpose of meeting any deficiencies which may be created between the appropriated money of the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority as fixed by the 72nd Session of the Legislature and the requirements for the Retired Employees’ Group Insurance assessment of the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority.

3. The Interim Finance Committee may allocate and disburse to the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority, out of the money appropriated by this section, such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the Retired Employees’ Group Insurance assessment of the Department of Motor Vehicles, Department of Public Safety and Transportation Services Authority under the increased assessment rates.

Sec. 5. 1. To effect an increase of approximately 15.4 percent in the Retired Employees’ Group Insurance assessment, there is hereby appropriated from the State General Fund to the Interim Finance Committee for the fiscal year beginning on July 1, 2003, and ending on June 30, 2004, the sum of $194,060, for the purpose of meeting any deficiencies which may be created between the appropriated money of the University and Community College System of Nevada as fixed by the 72nd Session of the Legislature and the requirements for the Retired Employees’ Group Insurance assessments of the classified personnel of the University and Community College System of Nevada.

2. There is hereby appropriated from the State General Fund to the Interim Finance Committee for the fiscal year beginning on July 1, 2004, and ending on June 30, 2005, the sum of $187,640 to provide the Retired Employees’ Group Insurance assessment increase as provided in subsection 1.

3. There is hereby appropriated from the State General Fund to the University and Community College System of Nevada for the fiscal year beginning on July 1, 2003, and ending on June 30, 2004, the sum of $611,835, for the purpose of meeting any deficiencies which may be created between the appropriated money of the University and Community College System of Nevada as fixed by the 72nd Session of the Legislature and the requirements for the Retired Employees’ Group Insurance assessments of the professional personnel of the University and Community College System of Nevada.

4. There is hereby appropriated from the State General Fund to the University and Community College System of Nevada for the fiscal year beginning on July 1, 2004, and ending on June 30, 2005, the sum of $600,101 to provide the Retired Employees’ Group Insurance assessment increase as provided in subsection 3.

Sec. 6. 1. Any balance of the sums appropriated by sections 3, 4 and 5 of this act for the fiscal year beginning on July 1, 2003, and ending on June 30, 2004, does not revert to the State General Fund or State Highway Fund, as appropriate, and is available for the following fiscal year.

2. Any remaining balance of the sums appropriated by sections 3, 4 and 5 of this act must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund or State Highway Fund, as appropriate, as soon as all payments of money committed have been made.”.

Amend the title of the bill, fourth line, after “employees;” by inserting: “making appropriations to effect certain increases in the Retired Employees’ Group Insurance assessment for certain departments, commissions, agencies and the University and Community College System of Nevada;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Establishes for next biennium amount to be paid by this state for group insurance for certain public employees, public officers and retired public employees and makes appropriations to effect certain increases in Retired Employees’ Group Insurance assessment for certain state agencies. (BDR S‑1342)”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

GENERAL FILE AND THIRD READING

Assembly Bill No. 392.

Bill read third time.

Remarks by Senators Neal and Raggio.

Roll call on Assembly Bill No. 392:

Yeas—18.

Nays—Cegavske, O'Connell, Tiffany—3.

Assembly Bill No. 392 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Recede From Senate Amendments

Senator Washington moved that the Senate do not recede from its action on Assembly Bill No. 250, that a conference be requested, and that Mr. President pro Tempore appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.

Remarks by Senator Washington.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Mr. President pro Tempore 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. 250.

Reports of Conference Committees

Mr. President pro Tempore:

The first Conference Committee concerning Assembly Bill No. 218, consisting of the undersigned members, has met and reports that:

No decision was reached, and recommends the appointment of a second Conference Committee, to consist of three members, for the further consideration of the measure.

Dennis Nolan	Mark Manendo
	Kelvin Atkinson
Sandra Tiffany	Joe Hardy
Senate Conference Committee	Assembly Conference Committee

Senator Nolan moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 218.

Remarks by Senator Nolan.

Motion carried.

Appointment of Conference Committees

Mr. President pro Tempore appointed Senators Cegavske, O'Connell and Care as a second Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 218.

Mr. President pro Tempore appointed Senators Rawson, Rhoads and Coffin as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 46.

remarks from the floor

Senator Raggio requested that the following remarks be entered in the Journal.

Senator Care:

Thank you, Mr. President pro Tempore. On the front page of today’s Reno Gazette-Journal, there is an article in which the opinion is expressed by someone that the Legislature has not been working for the past 118 days and the month leading up to the Legislative Session. I know that not to be true, and everyone in this Chamber knows it not to be true as well.

My daughter will be 17 years old next month. This semester I have missed prom night, awards banquets and at least one synchronized swimming meet. I had also promised to sit in on my daughter’s government class but have I been able to do that? The first thing I would have reminded those young students is that, in Nevada, there are three branches of government.

Senator Hardy:

Thank you, Mr. President pro Tempore. During my remarks on the floor some weeks ago with regards to the Vidler bill, Assembly Bill No. 487, I made a comment. I did not have written comments and was speaking without notes. I made a comment that the proponents of the bill had opposed an amendment to require that they be subject to the open meeting laws and that everything be done in the light of day. In fact, they never opposed that provision. We disagreed on a major section of my amendment, but they agreed to include the provision relating to the open meeting law when they heard the bill in the Assembly. I wanted to make that a matter of record.

Senator Titus:

Thank you, Mr. President pro Tempore. I heard there was some debate in the Senate Finance Committee about the notion of a “wobbler.” A “wobbler” is not an animal that you can poach, but it does have to do with the poaching bill. This amendment was added to Senate Bill No. 420, a big Wildlife Commission bill. The same bill this Senate passed unanimously makes poaching a crime. It wobbles between being a gross misdemeanor and being a class E felony. It is up to the judge to determine which way it wobbles based on how many times the crime has been committed, how many animals have been killed and how the animals were treated. If you have any doubt about concurring when you go to conference on this “wobbler,” remember, it is not a strange animal; it is something you should vote in favor of.

Senator Raggio:

Thank you, Mr. President pro Tempore. I was afraid the previous speaker was going to suggest as we have done in so many sessions that the “wobbler” be designated as a State animal. I was hoping that was not the case.

Today, is my granddaughter’s graduation from high school. I have been looking forward to that for a long time, but she lives in Montana, and I am unable to be there. My two younger granddaughters graduated last Thursday night from middle school in Reno, and I was unable to attend that, either. I concur with the Senator’s remarks.

This has been a difficult Session. I have spent 30 years here, arriving 10 minutes before Senator Neal so I have a 10-minute seniority. Never, during all those years, have I seen a session with such complex problems to solve.

When I first started here, I served on the Senate Finance Committee. We had a budget presented to us in a small, thin binder. In committee, we took the time to go over every line item. We knew the salary of every State employee. We knew how much they spent on pencils and supplies. We had the opportunity to spend a great deal of time on such items. We got out of here in much less time than we are now required to spend here. I want to indicate that every Senator in the building, though we have differences of opinion, works diligently and arduously. We might have taken time off for a softball game, but no one in this Chamber has shirked his or her duty in the 118 days we have been here. I am certain that is true of our colleagues in the other House.

I hope the remarks printed in the article were taken out of context, because this legislative body is dedicated. It has been working hard. It might be easy for someone to stand back whether they are in another branch of government or whether they are constituents sitting out there and say, “why didn’t they do this a month ago or three months ago?” If we had done that, they would have had every right to say we did not give the kind of attention to these matters of great importance that we should have. We have been detailed. We have been receptive. We have been observant. We have been trying to listen to everyone, not only the members of the Legislature, but also to our constituents.

Like other Senators here, I have spent a great deal of time every day listening to constituents, addressing their concerns and trying to respond to every one of them. Everyone has a different idea. Someone said the Legislature is like making sausage, but at the end, we do come out with a product. The public can criticize, condone or applaud, but we will do everything we can, the majority of us who are required to make the decisions to meet the needs of this State.

The Senate Finance Committee has gone through a lot of detail. Every other committee that deals within its area of jurisdiction has done magnificently. I am proud of every committee in this House. I am proud of every member, whether he or she agrees with me or not in every instance. I am taking this opportunity to commend this process. If people do not like the process, they have every right to say so, but in doing so they also need to remind themselves that everyone who comes here sacrifices to be here. No one comes here on an ego trip. Any of us who have served for any length of time are not here because we need more ink or because we need some more attention shown to us. Everyone here is giving up time with family, friends and other pursuits to serve under the oath that we take. I concur in the sentiment expressed by the previous speaker.

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

Motion carried.

Senate in recess at 1:10 p.m.

SENATE IN SESSION

At 1:21 p.m.

President Hunt presiding.

Quorum present.

REPORTS OF COMMITTEES

Madam President:

Your Committee on Finance, to which was referred Senate Bill No. 503, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio, Chairman

Madam President:

Your Committee on Transportation, to which were referred Assembly Bills Nos. 519, 521, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Raymond C. Shaffer, Chairman

GENERAL FILE AND THIRD READING

Senate Bill No. 188.

Bill read third time.

Roll call on Senate Bill No. 188:

Yeas—21.

Nays—None.

Senate Bill No. 188 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 243.

Bill read third time.

Roll call on Senate Bill No. 243:

Yeas—21.

Nays—None.

Senate Bill No. 243 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 498.

Bill read third time.

Roll call on Senate Bill No. 498:

Yeas—21.

Nays—None.

Senate Bill No. 498 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 519.

Bill read third time.

Remarks by Senators Neal and Nolan.

Roll call on Assembly Bill No. 519:

Yeas—21.

Nays—None.

Assembly Bill No. 519 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 521.

Bill read third time.

Roll call on Assembly Bill No. 521:

Yeas—21.

Nays—None.

Assembly Bill No. 521 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 544.

Bill read third time.

Remarks by Senators Neal and Raggio.

Roll call on Assembly Bill No. 544:

Yeas—21.

Nays—None.

Assembly Bill No. 544 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Reports of Conference Committees

Madam President:

The first Conference Committee concerning Senate Bill No. 59, 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. 24, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend sec. 2, page 3, by deleting lines 25 through 30 and inserting: “in accordance with chapter 288 of NRS. If a school district is located in a county whose population is 100,000 or more, the school district may not submit an application pursuant to this subsection unless the proposed alternative schedule of the school district will apply only to a rural portion or a remote portion of the county in which the school district is located, as defined by the State Board pursuant to subsection 8.”.

Amend sec. 2, page 4, line 32, by deleting “providing” and inserting: ~~“[providing]~~ :

(a) Providing”.

Amend sec. 2, page 4, between lines 35 and 36, by inserting:

“(b) Defining a rural portion of a county and a remote portion of a county for the purposes of subsection 2.”.

Warren B. Hardy	Mark Manendo
Dean A. Rhoads	Ellen Koivisto
Valerie Wiener	Garn Mabey
Senate Conference Committee	Assembly Conference Committee

Senator Hardy moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 59.

Remarks by Senator Hardy.

Motion carried by a constitutional majority.

Madam President:

The first Conference Committee concerning Senate Bill No. 102, 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. 20, which is attached to and hereby made a part of this report.

Conference Amendment.

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

“Sec. 3. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 8 and adding:

“Sec. 8. (Deleted by amendment.)”.

Amend the title of the bill, sixth through ninth lines, by deleting: “requiring the confirmation of each appointment by the Governor of a person to serve as a Commissioner or as an Acting Commissioner;”.

Warren B. Hardy	David Goldwater
Raymond C. Shaffer	Barbara Buckley
Michael Schneider	Bob Beers
Senate Conference Committee	Assembly Conference Committee

Senator Hardy moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 102.

Remarks by Senators Hardy and Raggio.

Motion carried by a constitutional majority.

Madam President:

The first Conference Committee concerning Senate Bill No. 193, 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. 26, which is attached to and hereby made a part of this report.

Conference Amendment.

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

“Section 1. NRS 616A.185 is hereby amended to read as follows:

616A.185 For the purposes of chapters 616A to 616D, inclusive, of NRS:

1. A member of the Nevada Legislature shall be deemed ~~[for the purposes of chapters 616A to 616D, inclusive, of NRS]~~ to be an employee of the State during his term of office at the wage of $2,000 per month and is entitled to the benefits of those chapters.

2. Except as otherwise provided in this subsection and subsection 1 of NRS 616A.265, any injury sustained by a member of the Nevada Legislature shall be deemed to have arisen out of and in the course of his employment as a Legislator if, at the time of the injury, he was performing any act or was engaging in any event that was reasonably related to his legislative office or his public service as a Legislator, whether or not he was receiving remuneration from the State for performing the act or engaging in the event at the time of the injury. The provisions of this subsection do not apply to any injury sustained by a member of the Nevada Legislature if, at the time of the injury, he was performing any act or was engaging in any event that was reasonably related to a political campaign for any legislative or other elective office.”.

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

“Sec. 3. 1. If a claimant or a dependent of a claimant is entitled to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for a permanent total disability for which a final determination was made before January 1, 1996, the claimant or dependent is entitled to a single payment for that permanent total disability in an amount determined by the Administrator pursuant to subsection 4.

2. As soon as practicable after the effective date of this act, the Administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265, an amount that, as determined by the Administrator, is required to obtain a total of $500,000. As soon as practicable after determining that amount, the Administrator shall submit to each insurer assessed pursuant to this subsection a written notice setting forth the amount of the assessment. Within 90 days after receiving the written notice, the insurer shall remit the assessment to the Administrator. Any money collected by the Administrator from the assessment must be accounted for separately by the Administrator.

3. An insurer who pays an assessment pursuant to this section shall charge and collect from each policyholder of the insurer a fee to cover the amount of the assessment. Such a fee is in addition to any premium charged to the policyholder for industrial insurance and must not be included in the amount of any such premium. The insurer shall bill the policyholder separately for the fee or include the fee as a separate charge on the policy.

4. The Administrator shall adopt regulations establishing a method for the equitable distribution of the money collected from the assessment pursuant to this section. The regulations must provide for payments that result in the largest proportional share of the money collected from the assessment being paid to claimants and dependents who receive the lowest amount of compensation pursuant to chapters 616A to 617, inclusive, of NRS for the permanent total disability. The Administrator may adopt any other regulations that are necessary to carry out the provisions of this section.

5. The Administrator shall make the payment required by this section to each claimant and dependent who is entitled to the payment not later than July 1, 2004. Any payment received by a claimant or dependent pursuant to this section is in addition to any compensation to which the claimant or dependent is otherwise entitled by law.

6. If any words and terms used in this section are defined in NRS 616A.030 to 616A.360, inclusive, such words and terms must be given the meanings ascribed to them in NRS 616A.030 to 616A.360, inclusive. The provisions of this section must be interpreted and enforced by the Administrator as if they were part of chapters 616A to 617, inclusive, of NRS.”.

Amend the title of the bill to read as follows:

“AN ACT relating to industrial insurance; clarifying the coverage of industrial insurance for members of the Nevada Legislature; extending the coverage of industrial insurance for employees of school districts who engage in an athletic or social event under certain circumstances; providing for a one-time payment to certain claimants and dependents of claimants who are receiving compensation for a permanent total disability; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions relating to coverage of industrial insurance for certain employees and compensation for permanent total disability for certain claimants and dependents of claimants. (BDR 53‑782)”.

Warren B. Hardy	Chris Giunchigliani
Raymond C. Shaffer	David Goldwater
Michael Schneider	Josh Griffin
Senate Conference Committee	Assembly Conference Committee

Senator Hardy moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 193.

Remarks by Senator Hardy.

Motion carried by a two-thirds majority.

GENERAL FILE AND THIRD READING

Senate Bill No. 503.

Bill read third time.

Remarks by Senators Raggio, Schneider, Carlton and Coffin.

Roll call on Senate Bill No. 503:

Yeas—20.

Nays—Carlton.

Senate Bill No. 503 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 31, 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. 221, 352, 464, 500.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 240.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 951 to Assembly Bill No. 257; Senate Amendment No. 959 to Assembly Bill No. 549.

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. 137, Assembly Amendment No. 954, and requests a conference, and appointed Assemblymen Conklin, Giunchigliani and Weber 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 Pierce, Koivisto and Christensen as a first Conference Committee concerning Assembly Bill No. 23.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Assembly Bills Nos. 55, 114, 388, 398, 444.

Diane Keetch

Assistant Chief Clerk of the Assembly

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 240.

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

Motion carried.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Senate Bills Nos. 206, 207, 264, 314, 449, 459, 473, 495; Senate Joint Resolutions Nos. 10, 11; Assembly Bills Nos. 73, 81, 395, 473, 534, 550.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Care, the privilege of the floor of the Senate Chamber for this day was extended to Lynn Vertner and Amanda Vertner.

Senator Raggio moved that the Senate adjourn until Sunday, June 1, 2003, at 10 a.m.

Motion carried.

Senate adjourned at 1:47 p.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest: Claire J. Clift

Secretary of the Senate