THE ONE HUNDRED AND TWENTIETH DAY

                               

 

Carson City (Monday), June 2, 2003

 

    Assembly called to order at 11:12 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Reverend Bruce Henderson.

    In his Inaugural Address, President Kennedy said, “Let us go forth to lead the land we love, asking His blessing and His help, but knowing that here on earth God's work must be truly our own.” Now, Lord, this has been our work for the last few months. May we remember that it is really Yours, and may we have Your blessing and help to finish what has begun. In the Name of the One who will see us through.

Amen.

    Pledge of Allegiance to the Flag.

    Assemblyman Oceguera moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.

    Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Commerce and Labor, to which was referred Senate Bill No. 250, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David Goldwater, Chairman

Mr. Speaker:

    Your Committee on Elections, Procedures, and Ethics, to which was referred
Senate Concurrent Resolution No. 32, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Chris Giunchigliani, Chairman

Mr. Speaker:

    Your Committee on Ways and Means, to which were referred Senate Bills Nos. 243, 504, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Ways and Means, to which were referred Assembly Bill No. 482; Senate Bills Nos. 210, 499, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

Mr. Speaker:

    Your Concurrent Committee on Ways and Means, to which was referred Senate Bill No. 447, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman


MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 1, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 284, Amendment No. 730, and respectfully requests your honorable body to concur in said amendment.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    Senate Concurrent Resolution No. 32.

    Assemblywoman Giunchigliani moved the adoption of the resolution.

    Remarks by Assemblywoman Giunchigliani.

    Resolution adopted.

SECOND READING AND AMENDMENT

    Assembly Bill No. 482.

    Bill read second time.

    The following amendment was proposed by the Committee on
Ways and Means:

    Amendment No. 984.

    Amend the bill as a whole by deleting sections 1 through 7 and adding new sections designated sections 1 through 7, following the enacting clause, to read as follows:

    “Section 1.  The Legislature hereby finds and declares that:

    1.  Federal law concerning payments made pursuant to
42 U.S.C. § 1396r-4, otherwise known as “disproportionate share payments,” are a critical source of income for hospitals, particularly public hospitals.

    2.  To ensure that certain hospitals can depend upon the revenue from this source, the Legislature has periodically established base payments to the hospitals in a fiscal year.

    3.  Because of the unique geographic, financial and organizational characteristics of these hospitals, a general law establishing base disproportionate share payments cannot be made applicable.

    Sec. 2.  NRS 422.380 is hereby amended to read as follows:

                422.380  As used in NRS 422.380 to 422.390, inclusive, unless the context otherwise requires:

                1.  “Disproportionate share payment” means a payment made pursuant to 42 U.S.C. § 1396r-4.

                2.  “Hospital” has the meaning ascribed to it in NRS 439B.110 and includes public and private hospitals.

                [2.] 3.  “Public hospital” means:

                (a) A hospital owned by a state or local government, including, without limitation, a hospital district; or

    (b) A hospital that is supported in whole or in part by tax revenue, other than tax revenue received for medical care which is provided to Medicaid patients, indigent patients or other low-income patients.

    Sec. 3.  NRS 422.382 is hereby amended to read as follows:

    422.382  1.  In a county whose population is 100,000 or more within which:

    (a) A public hospital is located, the state or local government or other entity responsible for the public hospital shall transfer an amount equal to [75] :

        (1) Seventy percent of the total amount of disproportionate share payments distributed to [that hospital] all hospitals pursuant to NRS 422.387 for a fiscal year, less [$75,000,] $1,050,000; or

        (2) Sixty-eight and fifty-four one hundredths percent of the total amount of disproportionate share payments distributed to all hospitals pursuant to NRS 422.387 for a fiscal year, whichever is less, to the Division of Health Care Financing and Policy.

    (b) A private hospital which receives a disproportionate share payment pursuant to [:

        (1) Paragraph (b)] paragraph (c) of subsection 2 of NRS 422.387 is located, the county shall transfer [:

            (I) Except as otherwise provided in sub-subparagraph (II), an amount equal to 75 percent of the total amount distributed to that hospital pursuant to paragraph (b) of subsection 2 of NRS 422.387 for a fiscal year; or

            (II) An amount established by the Legislature for a fiscal year,]
1.95 percent of the total amount of disproportionate share payments distributed to all hospitals pursuant to NRS 422.387 for a fiscal year, but not more than $1,500,000,
to the Division of Health Care Financing and Policy.

        [(2) Paragraph (c) of subsection 2 of NRS 422.387 is located, the county shall transfer:

            (I) An amount equal to 75 percent of the total amount distributed to that hospital pursuant to that paragraph for a fiscal year, less $75,000; or

            (II) Any maximum amount established by the Legislature for a fiscal year, whichever is less, to the Division of Health Care Financing and Policy.]

    2.  A county that transfers the amount required pursuant to [subparagraph (1) of] paragraph (b) of subsection 1 to the Division of Health Care Financing and Policy is discharged of the duty and is released from liability for providing medical treatment for indigent inpatients who are treated in the hospital in the county that receives a payment pursuant to paragraph [(b)] (c) of subsection 2 of NRS 422.387.

    3.  The money transferred to the Division of Health Care Financing and Policy pursuant to subsection 1 must not come from any source of funding that could result in any reduction in revenue to the State pursuant to
42 U.S.C. § 1396b(w).

    4.  Any money collected pursuant to subsection 1, including any interest or penalties imposed for a delinquent payment, must be deposited in the State Treasury for credit to the Intergovernmental Transfer Account in the State General Fund to be administered by the Division of Health Care Financing and Policy.

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

    Sec. 4.  NRS 422.385 is hereby amended to read as follows:

    422.385  1.  The allocations and payments required pursuant to subsections 1 [and 2] to 5, inclusive, of NRS 422.387 must be made, to the extent allowed by the State Plan for Medicaid, from the Medicaid Budget Account.

    2.  Except as otherwise provided in subsection 3 and subsection [3] 6 of NRS 422.387, the money in the Intergovernmental Transfer Account must be transferred from that Account to the Medicaid Budget Account to the extent that money is available from the Federal Government for proposed expenditures, including expenditures for administrative costs. If the amount in the Account exceeds the amount authorized for expenditure by the Division of Health Care Financing and Policy for the purposes specified in NRS 422.387, the Division of Health Care Financing and Policy is authorized to expend the additional revenue in accordance with the provisions of the State Plan for Medicaid.

    3.  If enough money is available to support Medicaid and to make the payments required by subsection [3] 6 of NRS 422.387, money in the Intergovernmental Transfer Account may be transferred:

    (a) To an account established for the provision of health care services to uninsured children pursuant to a federal program in which at least 50 percent of the cost of such services is paid for by the Federal Government, including, without limitation, the Children’s Health Insurance Program; or

    (b) To carry out the provisions of NRS 439B.350 and 439B.360.

    Sec. 5.  NRS 422.387 is hereby amended to read as follows:

    422.387  1.  Before making the payments required or authorized by this section, the Division of Health Care Financing and Policy shall allocate money for the administrative costs necessary to carry out the provisions of NRS 422.380 to 422.390, inclusive. The amount allocated for administrative costs must not exceed the amount authorized for expenditure by the Legislature for this purpose in a fiscal year. The Interim Finance Committee may adjust the amount allowed for administrative costs.

    2.  The State Plan for Medicaid must provide [:

    (a) For] for the payment of the maximum amount of disproportionate share payments allowable under federal law and regulations . [after making any payments pursuant to paragraphs (b) and (c), to public hospitals for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients, unless such payments are subsequently limited by federal law or regulation.

    (b) For a payment in an amount approved by the Legislature to the private hospital that provides the largest volume of medical care to Medicaid patients, indigent patients or other low-income patients in a county that does not have a public hospital.

    (c) For a payment to each private hospital whose Medicaid utilization percentage is greater than the average for all the hospitals in this state and which is located in a county that has a public hospital, in an amount equal to:

        (1) If the Medicaid utilization percentage of the hospital is greater than 20 percent, $200 for each uncompensated day incurred by the hospital; and

        (2) If the Medicaid utilization percentage of the hospital is 20 percent or less, $100 for each uncompensated day incurred by the hospital.] The State Plan for Medicaid must provide that for:

    (a) All public hospitals in counties whose population is 400,000 or more, the total annual disproportionate share payments are $66,650,000 plus
90 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;

    (b) All private hospitals in counties whose population is 400,000 or more, the total annual disproportionate share payments are $1,200,000 plus
2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;

    (c) All private hospitals in counties whose population is 100,000 or more but less than 400,000, the total annual disproportionate share payments are $4,800,000 plus 2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;

    (d) All public hospitals in counties whose population is less than 100,000, the total annual disproportionate share payments are $900,000 plus
2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000; and

    (e) All private hospitals in counties whose population is less than 100,000, the total annual disproportionate share payments are $2,450,000 plus
2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000.

    3.  The State Plan for Medicaid must provide for a base payment in an amount determined pursuant to subsections 4 and 5. Any amount set forth in each paragraph of subsection 2 that remains after all base payments have been distributed must be distributed to the hospital within that paragraph with the highest uncompensated care percentage in an amount equal to either the amount remaining after all base payments have been distributed or the amount necessary to reduce the uncompensated care percentage of that hospital to the uncompensated care percentage of the hospital in that paragraph with the second highest uncompensated care percentage, whichever is less. Any amount set forth in subsection 2 that remains after the uncompensated care percentage of the hospital with the highest uncompensated care percentage in a paragraph has been reduced to equal the uncompensated care percentage of the hospital in that paragraph with the second highest uncompensated care percentage must be distributed equally to the two hospitals with the highest uncompensated care percentage in that paragraph until their uncompensated care percentages are equal to the uncompensated care percentage of the hospital with the third highest uncompensated care percentage in that paragraph. This process must be repeated until all available funds set forth in a paragraph of subsection 2 have been distributed.

    4.  Except as otherwise provided in subsection 5, the base payments for the purposes of subsection 3 are:

    (a) For the University Medical Center of Southern Nevada, $66,531,729;

    (b) For Washoe Medical Center, $4,800,000;

    (c) For Carson-Tahoe Hospital, $1,000,000;

    (d) For Northeastern Nevada Regional Hospital, $500,000;

    (e) For Churchill Community Hospital, $500,000;

    (f) For Humboldt General Hospital, $215,109;

    (g) For William Bee Ririe Hospital, $204,001;

    (h) For Mt. Grant General Hospital, $195,838;

    (i) For South Lyon Medical Center, $174,417; and

    (j) For Nye Regional Medical Center, $115,000,

or the successors in interest to such hospitals.

    5.  The Plan must be consistent with the provisions of NRS 422.380 to 422.390, inclusive, and Title XIX of the Social Security Act,
42 U.S.C. §§ 1396 et seq., and the regulations adopted pursuant to those provisions.

    [3.] If the total amount available to the State for making disproportionate share payments is less than $76,000,000, the Administrator:

    (a) Shall adjust the amounts for each group of hospitals described in a paragraph of subsection 2 proportionally in accordance with the limits of federal law. If the amount available to hospitals in a group described in a paragraph of subsection 2 is less than the total amount of base payments specified in subsection 4, the Administrator shall reduce the base payments proportionally in accordance with the limits of federal law.

    (b) Shall adopt a regulation specifying the amount of the reductions required by paragraph (a).

    6.  To the extent that money is available in the Intergovernmental Transfer Account, the Division of Health Care Financing and Policy shall distribute $50,000 from that Account each fiscal year to each public hospital which:

    (a) Is located in a county that does not have any other hospitals; and

    (b) Is not eligible for a payment pursuant to [subsection 2.

    4.] subsections 2, 3 and 4.

    7.  As used in this section:

    (a) [“Medicaid utilization percentage” means the total number of days of treatment of Medicaid patients, including patients who receive their Medicaid benefits through a health maintenance organization, divided by the total number of days of treatment of all patients during a fiscal year.

    (b) “Uncompensated day” means a day in which medical care is provided to an inpatient for which a hospital receives:

        (1) Not more than 25 percent of the cost of providing that care from the patient; and

        (2) No compensation for the cost of providing that care from any other person or any governmental program.] “Total revenue” is the amount of revenue a hospital receives for patient care and other services, net of any contractual allowances or bad debts.

    (b) “Uncompensated care costs” means the total costs of a hospital incurred in providing care to uninsured patients, including, without limitation, patients covered by Medicaid or another governmental program for indigent patients, less any payments received by the hospital for that care.

    (c) “Uncompensated care percentage” means the uncompensated care costs of a hospital divided by the total revenue for the hospital.

    Sec. 6.  NRS 422.390 is hereby amended to read as follows:

    422.390  1.  The Division of Health Care Financing and Policy shall adopt regulations concerning:

    (a) Procedures for the transfer to the Division of Health Care Financing and Policy of the amount required pursuant to NRS 422.382.

    (b) Provisions for the payment of a penalty and interest for a delinquent transfer.

    (c) Provisions for the payment of interest by the Division of Health Care Financing and Policy for late reimbursements to hospitals or other providers of medical care.

    (d) Provisions for the calculation of the uncompensated care percentage for hospitals, including, without limitation, the procedures and methodology required to be used in calculating the percentage, and any required documentation of and reporting by a hospital relating to the calculation.

    2.  The Division of Health Care Financing and Policy shall report to the Interim Finance Committee quarterly concerning the provisions of
NRS 422.380 to 422.390, inclusive.

    Sec. 7.  This act becomes effective upon passage and approval for the purpose of adopting any regulations necessary to carry out the provisions of this act and on July 1, 2003, for all other purposes.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to welfare; revising the provisions governing the payment of hospitals for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients; providing for the allocation and transfer of certain funding for the treatment of those patients; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY―Revises provisions governing payment of hospitals for treating disproportionate share of Medicaid patients, indigent patients or other low-income patients. (BDR 38‑687)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Senate Bill No. 210.

    Bill read second time.

    The following amendment was proposed by the Committee on
Ways and Means:

    Amendment No. 985.

    Amend sec. 2, page 3, line 2, by deleting “Executive Director” and inserting “President”.

    Amend sec. 7, page 6, lines 35 and 36, by deleting “Executive Director” and inserting “President”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

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

    Senate Bill No. 250.

    Bill read second time.

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

    Amendment No. 987.

    Amend sec. 37, page 16, by deleting lines 25 and 26 and inserting: “this chapter unless the Board finds by a preponderance of the evidence that the”.

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

    Amend sec. 58, page 27, by deleting lines 10 and 11 and inserting: “that a violation of the provisions of this”.

    Amend the bill as a whole by adding new sections designated sections 79.3 through 79.7, following sec. 79, to read as follows:

    “Sec. 79.3.  NRS 634.018 is hereby amended to read as follows:

    634.018  “Unprofessional conduct” means:

    1.  Obtaining a certificate upon fraudulent credentials or gross misrepresentation.

    2.  Procuring, or aiding or abetting in procuring, criminal abortion.

    3.  [Obtaining a fee on assurance] Assuring that a manifestly incurable disease can be permanently cured.

    4.  Advertising chiropractic business in which grossly improbable statements are made, advertising in any manner that will tend to deceive, defraud or mislead the public or preparing, causing to be prepared, using or participating in the use of any form of public communication that contains professionally self-laudatory statements calculated to attract lay patients. As used in this subsection, “public communication” includes, but is not limited to, communications by means of television, radio, newspapers, books and periodicals, motion picture, handbills or other printed matter. [Nothing contained in this subsection prohibits the direct mailing of informational documents to former or current patients.]

    5.  Willful disobedience of the law, or of the regulations of the State Board of Health or of the Chiropractic Physicians’ Board of Nevada.

    6.  Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction is conclusive evidence of unprofessional conduct.

    7.  Administering, dispensing or prescribing any controlled substance.

    8.  Conviction or violation of any federal or state law regulating the possession, distribution or use of any controlled substance. The record of conviction is conclusive evidence of unprofessional conduct.

    9.  Habitual intemperance or excessive use of alcohol or alcoholic beverages or any controlled substance.

    10.  Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.

    11.  Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or the regulations adopted by the Board, or any other statute or regulation pertaining to the practice of chiropractic.

    12.  Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice chiropractic under this chapter.

    13.  Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

    14.  Solicitation by the licensee or his designated agent of any person who, at the time of the solicitation, is vulnerable to undue influence, including, without limitation, any person known by the licensee to have recently been [:

    (a) Involved] involved in a motor vehicle accident [;

    (b) Involved] , involved in a work-related accident [; or

    (c) Injured] , or injured by, or as the result of the actions of, another person. As used in this subsection:

    (a) “Designated agent” means a person who renders service to a licensee on a contract basis and is not an employee of the licensee.

    (b) “Solicitation” means the attempt to acquire a new patient through information obtained from a law enforcement agency, medical facility or the report of any other party, which information indicates that the potential new patient may be vulnerable to undue influence, as described in this subsection.

    15.  Employing, directly or indirectly, any person as a chiropractor’s assistant unless the person has been issued a certificate by the Board pursuant to NRS 634.123, or has applied for such a certificate and is awaiting the determination of the Board concerning the application.

    16.  Aiding, abetting, commanding, counseling, encouraging, inducing or soliciting an insurer or other third-party payor to reduce or deny payment or reimbursement for the care or treatment of a patient, unless such action is supported by:

    (a) The medical records of the patient; and

    (b) An examination of the patient by the chiropractic physician taking such action.

    Sec. 79.5.  NRS 634.090 is hereby amended to read as follows:

    634.090  1.  An applicant must, in addition to the requirements of
NRS 634.070 and 634.080, furnish satisfactory evidence to the Board:

    (a) That he is of good moral character;

    (b) [Not] Except as otherwise provided in subsection 2, not less than
60 days before the date of the examination, that he has a high school education and is a graduate from a college of chiropractic which is accredited by the Council on Chiropractic Education or which has a reciprocal agreement with the Council on Chiropractic Education [,] or any governmental accrediting agency, whose minimum course of study leading to the degree of doctor of chiropractic consists of not less than 4,000 hours of credit which includes instruction in each of the following subjects:

        (1) Anatomy;

        (2) Bacteriology;

        (3) Chiropractic theory and practice;

        (4) Diagnosis and chiropractic analysis;

        (5) Elementary chemistry and toxicology;

        (6) Histology;

        (7) Hygiene and sanitation;

        (8) Obstetrics and gynecology;

        (9) Pathology;

        (10) Physiology; and

        (11) Physiotherapy; and

    (c) That he:

        (1) Holds certificates which indicate that he has passed parts I, II [and III,] , III and IV, and the portion relating to physiotherapy, of the examination administered by the National Board of Chiropractic Examiners; or

        (2) Has actively practiced chiropractic in another state for not fewer than 7 of the immediately preceding 10 years without having any adverse disciplinary action taken against him.

    2.  The Board may, for good cause shown, waive the requirement for a particular applicant that the college of chiropractic from which the applicant graduated must be accredited by the Council on Chiropractic Education or have a reciprocal agreement with the Council on Chiropractic Education or a governmental accrediting agency.

    3.  Except as otherwise provided in subsection [3,] 4, every applicant is required to submit evidence of his successful completion of not less than
60 credit hours at an accredited college or university.

    [3.] 4.  Any applicant who has been licensed to practice in another state, and has been in practice for not less than 5 years, is not required to comply with the provisions of subsection [2.] 3.

    Sec. 79.7.  NRS 634.130 is hereby amended to read as follows:

    634.130  1.  Licenses and certificates must be renewed annually. Each person who is licensed pursuant to the provisions of this chapter must, upon the payment of the required renewal fee and the submission of the statement required pursuant to NRS 634.095, be granted a renewal certificate which authorizes him to continue to practice for 1 year.

    2.  The renewal fee must be paid and the statement must be submitted to the Board on or before January 1 of the year to which it applies.

    3.  Except as otherwise provided in subsection 4, a licensee in active practice within this state must submit satisfactory proof to the Board that he has attended at least 12 hours of continuing education which is approved or endorsed by the Board . [, with the exception of a licensee who has reached the age of 70 years. Two hours of the continuing education must be obtained in a topic specified by the Board.] The educational requirement of this section may be waived by the Board if the licensee files with the Board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee is suffering from a serious or disabling illness or physical disability which prevented him from completing the requirements for continuing education during the 12 months immediately preceding the renewal date of his license.

    4.  A licensee is not required to comply with the requirements of subsection 3 until the calendar year after the year the Board issues to him an initial license to practice as a chiropractor in this state.

    5.  If a licensee fails to:

    (a) Pay his renewal fee by January 1;

    (b) Submit the statement required pursuant to NRS 634.095 by January 1;

    (c) Submit proof of continuing education pursuant to subsection 3; or

    (d) Notify the Board of a change in the location of his office pursuant to NRS 634.129, his license is automatically suspended and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.

    6.  If a holder of a certificate as a chiropractor’s assistant fails to:

    (a) Pay his renewal fee by January 1;

    (b) Submit the statement required pursuant to NRS 634.095 by January 1; or

    (c) Notify the Board of a change in the location of his office pursuant to NRS 634.129,

his certificate is automatically suspended and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.”.

    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 634.208 is hereby amended to read as follows:

    634.208  1.  In addition to any other remedy provided by law, the Board, through its President, Secretary or its attorney, or the Attorney General, may bring an action in any court of competent jurisdiction to enjoin any person who does not hold a license issued by the Board from practicing chiropractic or representing himself to be a chiropractor. As used in this subsection, “practicing chiropractic” includes the conducting of independent examinations and the offering of opinions regarding the treatment or care, or both, with respect to patients who are residents of this state.

    2.  The court in a proper case may issue an injunction for such purposes without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure. The issuance of such an injunction does not relieve the person from criminal prosecution for a violation of NRS 634.227.”.

    Amend the bill as a whole by deleting sections 155 and 156 and adding:

    “Secs. 155 and 156.  (Deleted by amendment.)”.

    Amend the bill as a whole by deleting sections 178 and 179 and adding:

    “Secs. 178 and 179.  (Deleted by amendment.)”.

    Amend sec. 183, page 90, by deleting lines 7 through 9 and inserting:

    “2.  Section 4 of Senate Bill No. 281 of this session is hereby”.

    Amend sec. 184, page 90, line 17, by deleting: “Section 99 of this act expires” and inserting: “Sections 79.7 and 99 of this act expire”.

    Amend the text of repealed sections by deleting the text of sections 8, 8.3 and 8.7 of Assembly Bill No. 320 of this session.

    Amend the title of the bill, eleventh line, after “physicians;” by inserting: “making various changes regarding the practice of chiropractic;”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

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

    Senate Bill No. 499.

    Bill read second time.

    The following amendment was proposed by the Committee on
Ways and Means:

    Amendment No. 977.

    Amend section 1, page 1, line 7, by deleting “$1,800,000” and inserting “$1,500,000”.

    Amend the bill as a whole by renumbering sections 2 through 4 as
sections 3 through 5 and adding a new section designated sec. 2, following section 1, to read as follows:

    “Sec. 2.  In addition to the sum made available for allocation pursuant to subsection 2 of section 1 of this act, the Interim Finance Committee is hereby authorized, for the purpose of assisting the state entities described in that subsection, to expend for allocation pursuant to section 3 of this act:

    1.  Three hundred thousand dollars from the forfeiture accounts administered by the State Treasurer pursuant to NRS 179.1187; and

    2.  Such additional amounts from the forfeiture accounts administered by the State Treasurer pursuant to NRS 178.1187 as may be available in those accounts on or before June 30, 2005.”.

    Amend sec. 2, page 1, by deleting line 13 and inserting: “Committee of the money:

    (a) Appropriated by section 1 of this act; and

    (b) If the state entity is a state entity described in subsection 2 of section 1 of this act, authorized for expenditure pursuant to section 2 of this act.”.

    Amend sec. 2, page 2, between lines 12 and 13, by inserting:

    “4.  With respect to the state entities described in subsection 2 of
section 1 of this act:

    (a) The State Board of Examiners and the Interim Finance Committee shall, in determining whether an allocation should be made from the sum appropriated pursuant to that subsection, consider whether additional money is available for use from the forfeiture accounts administered by the State Treasurer pursuant to NRS 179.1187.

    (b) The Interim Finance Committee shall, in granting allocations to such state entities, apply the following preference:

        (1) To first pay for such allocations from the proceeds available from the forfeiture accounts administered by the State Treasurer pursuant to
NRS 179.1187; and

        (2) To pay for such allocations secondarily by using the proceeds appropriated from the State General Fund as described in subsection 2 of section 1 of this act.”.

    Amend the title of the bill, third line, after “equipment;” by inserting: “additionally making available for such purposes certain funds in the forfeiture accounts administered by the State Treasurer;”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

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

general file and third reading

    Assembly Bill No. 460.

    Bill read third time.          

    The following amendment was proposed by Assemblymen Giunchigliani, Arberry, and Buckley:

    Amendment No. 990.

    Amend the bill as a whole by deleting sections 3 through 8 and adding:

    “Secs. 3-8. (Deleted by amendment.)”.

    Amend the title of the bill, first through third lines by deleting: “making various changes relating to the sale of tobacco products to and the purchase of those products by minors;”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblymen Giunchigliani, Carpenter, Buckley, Ohrenschall, Collins, Anderson, Brown, Hardy, and Leslie.

    Conflict of interest declared by Assemblywoman Ohrenschall.

    Amendment lost a division of the House.

    Remarks by Assemblywoman Ohrenschall.

    Conflict of interest declared by Assemblywoman Ohrenschall.

    Roll call on Assembly Bill No. 460:

    Yeas—32.

    Nays—Atkinson, Buckley, Claborn, Collins, Conklin, Gibbons, Giunchigliani, Leslie, Pierce—9.

    Not    Voting—Ohrenschall.

    Assembly Bill No. 460 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 258.

    Bill read third time.

    Roll call on Senate Bill No. 258:

    Yeas—36.

    Nays—Angle, Beers, Geddes, Gustavson, Mabey, Weber—6.

    Senate Bill No. 258 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 243.

    Bill read third time.

    Roll call on Senate Bill No. 243:

    Yeas—23.

    Nays—Andonov, Angle, Beers, Brown, Carpenter, Christensen, Gibbons, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Knecht, Mabey, Marvel, Sherer, Weber—19.

    Senate Bill No. 243 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 447.

    Bill read third time.

    The following amendment was proposed by the Committee on
Ways and Means:

    Amendment No. 986.

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

    “Section 1.  NRS 354.6115 is hereby amended to read as follows:

    354.6115  1.  The governing body of a local government may, by resolution, establish a fund to stabilize the operation of the local government and mitigate the effects of natural disasters.

    2.  [The] Except as otherwise provided in this subsection, the money in the fund must be used only:

    (a) If the total actual revenue of the local government falls short of the total anticipated revenue in the general fund for the fiscal year in which the local government uses that money; or

    (b) To pay expenses incurred by the local government to mitigate the effects of a natural disaster.

In a county whose population is less than 3,000, the money in the fund may also be used to retire outstanding bonds or other forms of debt. The money in the fund at the end of the fiscal year may not revert to any other fund or be a surplus for any purpose other than a purpose specified in this subsection.

    3.  The money in the fund may not be used to pay expenses incurred to mitigate the effects of a natural disaster until the governing body of the local government issues a formal declaration that a natural disaster exists. The governing body shall not make such a declaration unless a natural disaster is occurring or has occurred. Upon the issuance of such a declaration, the money in the fund may be used for the payment of the following expenses incurred by the local government as a result of the natural disaster:

    (a) The repair or replacement of roads, streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the local government and damaged by the natural disaster;

    (b) Any emergency measures undertaken to save lives, protect public health and safety or protect property within the jurisdiction of the local government;

    (c) The removal of debris from publicly or privately owned land and waterways within the jurisdiction of the local government that was undertaken because of the natural disaster;

    (d) Expenses incurred by the local government for any overtime worked by an employee of the local government because of the natural disaster or any other extraordinary expenses incurred by the local government because of the natural disaster; and

    (e) The payment of any grant match the local government must provide to obtain a grant from a federal disaster assistance agency for an eligible project to repair damage caused by the natural disaster within the jurisdiction of the local government.

    4.  The balance in the fund must not exceed 10 percent of the expenditures from the general fund for the previous fiscal year, excluding any federal funds expended by the local government.

    5.  The annual budget and audit report of the local government prepared pursuant to NRS 354.624 must specifically identify the fund.

    6.  The audit report prepared for the fund must include a statement by the auditor whether the local government has complied with the provisions of this section.

    7.  Any transfer of money from a fund established pursuant to this section must be completed within 90 days after the end of the fiscal year in which the natural disaster for which the fund was established occurs.

    8.  As used in this section:

    (a) “Grant match” has the meaning ascribed to it in NRS 353.2725.

    (b) “Natural disaster” means a fire, flood, earthquake, drought or any other occurrence that:

        (1) Results in widespread or severe damage to property or injury to or the death of persons within the jurisdiction of the local government; and

        (2) As determined by the governing body of the local government, requires immediate action to protect the health, safety and welfare of persons residing within the jurisdiction of the local government.”.

    Amend sec. 19, page 15, by deleting lines 8 and 9 and inserting: “2003, other than an installment purchase agreement that:

    (a) Is entered into for the purpose of refunding outstanding obligations; and

    (b) Has been approved by the State Board of Finance and the Interim Finance Committee.”.

    Amend sec. 20, page 15, by deleting lines 34 and 35 and inserting: “purchase agreement that:

    (a) Is entered into for the purpose of refunding outstanding obligations; and

    (b) Has been approved by the State Board of Finance and the Interim Finance Committee.”.

    Amend sec. 21, page 16, by deleting lines 14 and 15 and inserting: “installment purchase agreement that:

    (a) Is entered into for the purpose of refunding outstanding obligations; and

    (b) Has been approved by the State Board of Finance and the Interim Finance Committee.”.

    Amend the bill as a whole by renumbering sec. 22 as sec. 23 and adding a new section designated sec. 22, following sec. 21, to read as follows:

    “Sec. 22.  1.  At the request of the University and Community College System of Nevada, the State Board of Finance shall review a proposal for the issuance of general obligation bonds of the State of Nevada or a combination of general obligation bonds and other state securities to acquire a portion of the facilities known as the Academic Medical Center located in downtown Las Vegas, or similar facilities within the City of Las Vegas, for the University of Nevada School of Medicine in Clark County and make a recommendation regarding the proposal to the Interim Finance Committee. If the Interim Finance Committee, after independent determination, finds that the issuance of such securities is appropriate, the committee shall by resolution direct the State Board of Finance to issue general obligation bonds of the State of Nevada or a combination of general obligation bonds of the State of Nevada and other state securities in the face amount of not more than $10,000,000 for the purpose of acquiring a portion of the facilities known as the Academic Medical Center located in downtown Las Vegas, or similar facilities within the City of Las Vegas, for the University of Nevada School of Medicine in Clark County.

    2.  The amount of the bonds and the timing of the issuance of the bonds must be determined by the State Treasurer and representatives of the University and Community College System of Nevada and must reflect the expenses associated with the issuance of the bonds and the expenses and timing associated with the acquisition of a portion of the facilities known as the Academic Medical Center located in downtown Las Vegas, or similar facilities within the City of Las Vegas, for the University of Nevada School of Medicine in Clark County.

    3.  Following the acquisition of the portion of the Academic Medical Center located in downtown Las Vegas, or similar facilities within the City of Las Vegas, for the University of Nevada School of Medicine in Clark County with the proceeds of the bonds authorized by this section, the University and Community College System of Nevada shall pay or transfer to the State Treasurer on the date on which the rent payments for the portion of the Academic Medical Center located in downtown Las Vegas that is rented by the University and Community College System of Nevada on October 1, 2003, would have been due, for deposit into the Consolidated Bond Interest and Redemption Fund, from amounts appropriated by the Legislature to the University and Community College System of Nevada for rent payments on a portion of the Academic Medical Center located in downtown Las Vegas and from other money of the University and Community College System of Nevada, an amount equal to the amount of principal and interest which accrues on the bonds in each month following the acquisition of the portion of the Academic Medical Center located in downtown Las Vegas, or similar facilities within the City of Las Vegas, for the University of Nevada School of Medicine in Clark County.

    4.  For the purposes of this section, the principal amount and interest on the bonds shall be deemed to accrue in equal monthly amounts from the date of the issuance of the bonds until the date of the first interest payment on the bonds and thereafter each semiannual interest payment shall be deemed to accrue in six equal monthly installments ending on the semiannual interest payment date. Principal on the bonds shall be deemed to accrue in equal monthly installments from the date of the issuance of the bonds until the first principal payment date on the bonds and thereafter each annual principal payment shall be deemed to accrue in 12 equal monthly installments ending on each annual bond principal payment date. The annual principal payment must occur on the date of the first semiannual interest payment.

    5.  Except with respect to the first interest and principal payments, the interest payments on the bonds must be made semiannually and the principal payments must be made annually.

    6.  The provisions of the State Securities Law, set forth in NRS 349.150 to 349.364, inclusive, apply to the issuance of bonds pursuant to the provisions of this section.”.

    Amend sec. 22, page 16, by deleting line 39 and inserting:

    “Sec. 23.  1.  This section and sections 1 to 21, inclusive, of this act become effective on July 1, 2003.

    2.  Section 22 of this act becomes effective on October 1, 2003.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to governmental financial administration; expanding the purposes for which, in certain smaller counties, money may be expended from a fund established to stabilize the operation of local government and mitigate the effects of natural disasters; revising provisions relating to the securities in which local governments may invest; providing for expanded oversight by the State Treasurer concerning the collateral that must be maintained by financial institutions to secure certain deposits of public money made by state and local governmental entities; making various other changes concerning the duties of the State Treasurer; revising the limitation on the total amount of revenue that may be paid to a redevelopment agency in certain smaller municipalities; authorizing under certain circumstances the issuance of certain bonds and securities to acquire certain facilities for the University of Nevada School of Medicine in Clark County; providing civil penalties; and providing other matters properly relating thereto.”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

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

    Senate Bill No. 504.

    Bill read third time.

    Roll call on Senate Bill No. 504:

    Yeas—27.

    Nays—Andonov, Angle, Beers, Brown, Carpenter, Christensen, Goicoechea, Grady, Gustavson, Hettrick, Knecht, Mabey, Marvel, Sherer, Weber—15.

    Senate Bill No. 504 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 11:41 a.m.

ASSEMBLY IN SESSION

    At 11:58 a.m.

    Mr. Speaker presiding.

    Quorum present.

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 284.

    The following Senate amendment was read:

    Amendment No. 730.

    Amend the bill as a whole by adding new sections designated sections 8.3 and 8.7, following sec. 8, to read as follows:

    “Sec. 8.3.  1.  If an action has been filed in a court of competent jurisdiction claiming an unfair lending practice in connection with a home loan, the lender who holds the home loan may sell the home loan and recover damages and costs as provided in this section if the lender did not:

    (a) Originate the home loan; and

    (b) Willfully engage in any unfair lending practice described in this chapter in connection with the home loan.

    2.  The lender described in subsection 1 may require the person from whom the lender purchased the home loan described in subsection 1 to:

    (a) Repurchase the home loan for the amount the lender paid for the home loan; and

    (b) Pay to the lender all damages and reasonable costs incurred by the lender that are related to:

        (1) The purchase of the home loan by the lender from the person;

        (2) Any damages awarded in the action described in subsection 1;

        (3) Any costs related to the action described in subsection 1;

        (4) The repurchase of the home loan by the lender if the lender was required to repurchase the home loan from another lender pursuant to this section; and

        (5) The repurchase of the home loan from the lender by the person pursuant to this section.

    3.  The person described in subsection 2:

    (a) Shall repurchase the home loan and pay the damages and costs as described in subsection 2; and

    (b) After repurchasing the home loan, may sell the home loan and recover damages and costs as provided in this section if he is a lender described in subsection 1.

    Sec. 8.7.  A mortgage, deed of trust or other instrument that encumbers home property as security for repayment of a home loan must expressly indicate in writing in the mortgage, deed of trust or other instrument that the home loan is a home loan as defined in section 5 of this act.”.

    Amend sec. 10, pages 3 and 4, by deleting lines 34 through 45 on page 3 and line 1 on page 4 and inserting:

    “1.  With regard to a transfer in trust of an estate in real property to secure the performance of an obligation or the payment of a debt, the provisions of this section apply to the exercise of a power of sale pursuant to NRS 107.080 only if:

    (a) The trust agreement becomes effective on or after October 1, 2003; and

    (b) On the date the trust agreement is made, the trust agreement is subject to the provisions of § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32.

    2.  The trustee shall not exercise a power of sale pursuant to
NRS 107.080 unless:

    (a) In the manner required by subsection 3, not later than 60 days before the date of the sale, the trustee causes to be served upon the grantor a notice in the form described in subsection 3; and

    (b) If an action is filed in a court of competent jurisdiction claiming an unfair lending practice in connection with the trust agreement, the date of the sale is not less than 30 days after the date the most recent such action is filed.

    3.  The notice described in subsection 2 must be:

    (a) Served upon the grantor by personal service or, if personal service cannot be timely effected, in such other manner as a court determines is reasonably calculated to afford notice to the grantor; and

    (b) In substantially the following form, with the applicable telephone numbers and mailing addresses provided on the notice and a copy of the promissory note attached to the notice:

 

NOTICE

YOU ARE IN DANGER OF LOSING YOUR HOME!

 

Your home loan is being foreclosed. In 60 days your home will be sold and you will be forced to move. For help, call:

Consumer Credit Counseling ___________________

The Attorney General ______________________

The Division of Financial Institutions ______________________

Legal Services _________________________

Your Lender ______________________

Nevada Fair Housing Center ___________________

 

    4.  This section does not prohibit a judicial foreclosure.

    5.  As used in this section, “unfair lending practice” means an unfair lending practice described in sections 2 to 9, inclusive, of this act.”.

    Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 284.

    Remarks by Assemblyman Anderson.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 229, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA28, which is attached to and hereby made a part of this report.

 

 

Ann O’Connell

Tom Collins

Terry Care

Joe Hardy

Sandra Tiffany

Assembly Conference Committee

Senate Conference Committee

 

    Conference Amendment No. CA28.

    Amend section 1, page 2, by deleting lines 13 and 14 and inserting:

    “3.  The requirements of this section do not apply to a proceeding in which the legal rights, duties or privileges of a party are required by law to be determined by a state or local governmental agency after an opportunity for hearing, or in which an administrative penalty may be imposed.”.

    Amend sec. 2, pages 4 and 5, by deleting lines 40 through 44 on page 4 and lines 1 and 2 on page 5, and inserting:

        “(2) If feasible for the public body and the requester has agreed to receive the public notice by electronic mail, transmitted to the requester by electronic mail sent not later than 9 a.m. of the third working day before the meeting.”.

    Amend sec. 4.5, page 8, by deleting line 29 and inserting:

    “1.  A meeting or”.

    Amend sec. 4.5, page 8, between lines 34 and 35, by inserting:

    “2.  A meeting held pursuant to NRS 213.130 or any other meeting or hearing that may result in a recommendation or final decision to grant, deny, continue or revoke the parole of a prisoner, and a meeting or hearing to commute a sentence, restore a person’s civil rights, grant a pardon or reprieve or remit a fine or forfeiture, must be open to the public.”.

    Amend the bill as a whole by adding a new section designated sec. 4.7, following sec. 4.5, to read as follows:

    “Sec. 4.7.  NRS 213.130 is hereby amended to read as follows:

    213.130  1.  The Department of Corrections shall:

    (a) Determine when a prisoner sentenced to imprisonment in the state prison is eligible to be considered for parole;

    (b) Notify the State Board of Parole Commissioners of the eligibility of the prisoner to be considered for parole; and

    (c) Before a meeting to consider the prisoner for parole, compile and provide to the Board data that will assist the Board in determining whether parole should be granted.

    2.  If a prisoner is being considered for parole from a sentence imposed for conviction of a crime which involved the use of force or violence against a victim and which resulted in bodily harm to a victim and if original or duplicate photographs that depict the injuries of the victim or the scene of the crime were admitted at the trial of the prisoner or were part of the report of the presentence investigation and are reasonably available, a representative sample of such photographs must be included with the information submitted to the Board at the meeting. A prisoner may not bring a cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees for any action that is taken pursuant to this subsection or for failing to take any action pursuant to this subsection, including, without limitation, failing to include photographs or including only certain photographs. As used in this subsection, “photograph” includes any video, digital or other photographic image.

    3.  Meetings to consider prisoners for parole may be held semiannually or more often, on such dates as may be fixed by the Board. [All meetings must be open to the public.]

    4.  Not later than 5 days after the date on which the Board fixes the date of the meeting to consider a prisoner for parole, the Board shall notify the victim of the prisoner who is being considered for parole of the date of the meeting and of his rights pursuant to this subsection, if the victim has requested notification in writing and has provided his current address or if the victim’s current address is otherwise known by the Board. The victim of a prisoner being considered for parole may submit documents to the Board and may testify at the meeting held to consider the prisoner for parole. A prisoner must not be considered for parole until the Board has notified any victim of his rights pursuant to this subsection and he is given the opportunity to exercise those rights. If a current address is not provided to or otherwise known by the Board, the Board must not be held responsible if such notification is not received by the victim.

    5.  The Board may deliberate in private after a public meeting held to consider a prisoner for parole.

    6.  The Board of State Prison Commissioners shall provide suitable and convenient rooms or space for use of the Board.

    7.  If a victim is notified of a meeting to consider a prisoner for parole pursuant to subsection 4, the Board shall, upon making a final decision concerning the parole of the prisoner, notify the victim of its final decision.

    8.  All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Board pursuant to this section is confidential.

    9.  For the purposes of this section, “victim” has the meaning ascribed to it in NRS 213.005.”.

    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 and hearings regarding prisoners and persons on parole or probation are not subject to the open meeting law but must be open to the public; 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.”.

    Assemblyman Collins moved that the Assembly not adopt the report of the first Conference Committee concerning Senate Bill No. 229.

    Remarks by Assemblyman Collins.

    Motion carried.

    Bill ordered transmitted to the Senate.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblywomen Pierce, Koivisto, and Weber as a second Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 229.

Consideration of Senate Amendments

    Assembly Bill No. 544.

    The following Senate amendment was read:

    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)”.

    Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 544.

    Remarks by Assemblyman Arberry.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 2, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day adopted
Assembly Concurrent Resolution No. 10; Senate Concurrent Resolution No. 41.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the second Conference Committee concerning Assembly Bill No. 218.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bills Nos. 502, 518, 529.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    Senate Concurrent Resolution No. 41.

    Assemblywoman Buckley moved that the resolution be referred to the Committee on Ways and Means.

    Motion carried.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 12:06 p.m.

ASSEMBLY IN SESSION

    At 7:38 p.m.

    Mr. Speaker presiding.

    Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Commerce and Labor, to which was referred Senate Bill No. 132, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David Goldwater, Chairman


Mr. Speaker:

    Your Committee on Elections, Procedures, and Ethics, to which was referred Senate Bill
No. 292, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Chris Giunchigliani, Chairman

Mr. Speaker:

    Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 474, 553; Senate Bills Nos. 184, 506, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Ways and Means, to which was re-referred Assembly Bill No. 366, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

    Also, your Committee on Ways and Means, to which was referred Assembly Bill No. 466, 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 Ways and Means, to which was referred
Senate Concurrent Resolution No. 41, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

    Morse Arberry Jr., Chairman

Mr. Speaker:

    Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill
No. 268, 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 Concurrent Committee on Ways and Means, to which was referred Senate Bill
No. 301, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 2, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed
Assembly Bill No. 551; Senate Bill No. 507.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 148, Amendment No. 989, and respectfully requests your honorable body to concur in said amendment.

    Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 976 to Senate Bill No. 496.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 970 to Senate Bill No. 258.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bills Nos. 137, 370.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Ways and Means:

    Assembly Bill No. 554—AN ACT relating to county finances; authorizing the imposition of a fee on certain rental cars in certain larger counties to finance a professional sports stadium, performing arts center and facility for providing vocational training in culinary skills; authorizing the issuance of revenue bonds for certain of those projects; providing for the collection, distribution and use of the fee; authorizing such a county to revise certain schedules of fees, rates, charges and taxes to ensure the payment of certain revenue bonds of the county; and providing other matters properly relating thereto.

    Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    By the Committee on Ways and Means:

    Assembly Bill No. 555—AN ACT relating to state employees; establishing the maximum allowed salaries for certain employees in the classified and unclassified service of the State; making appropriations from the State General Fund and State Highway Fund for increases in the salaries of certain employees of the State and providing other matters properly relating thereto.

    Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Senate Bill No. 507.

    Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    By the Committee on Elections, Procedures, and Ethics:

    Assembly Concurrent Resolution No. 32—Commending the Chief and staff of the State Printing Division of the Department of Administration for services rendered to the Nevada Legislature.

    Whereas, Chief Donald L. Bailey, Sr., and the staff of the State Printing Division of the Department of Administration have worked long and hard to meet the needs of the 72nd Session of the Nevada Legislature, and their efforts have ensured timely and efficient printing of all bills, resolutions, histories, indices and journals; and

    Whereas, The work produced by the State Printing Division continues to meet the high standards of previous years because of the care that Chief Don Bailey and his excellent staff devote to every assignment given to them; and

    Whereas, The departments of the printing office, including composition, offset, bindery and office staff, have set and achieved these high standards under the direction of Chief Bailey; and

    Whereas, Without such outstanding service and continued cooperation from the Chief and his staff, the Legislature could not function or fulfill its obligations to the people of the State of Nevada; now, therefore, be it

    Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd Session of the Nevada Legislature hereby express their appreciation and commend Chief Donald L. Bailey, Sr., and the members of his staff at the State Printing Division of the Department of Administration for their dedication, cooperation and exceptional work; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. Donald L. Bailey, Sr., Chief of the State Printing Division of the Department of Administration.

    Assemblywoman Giunchigliani moved the adoption of the resolution.

    Remarks by Assemblywoman Giunchigliani.

    Resolution adopted unanimously.

    Senate Concurrent Resolution No. 41.

    Assemblywoman Giunchigliani moved the adoption of the resolution.

    Remarks by Assemblywoman Giunchigliani.

    Resolution adopted.

SECOND READING AND AMENDMENT

    Assembly Bill No. 268.

    Bill read second time.

    The following amendment was proposed by the Committee on
Ways and Means:

    Amendment No. 1013.

    Amend sec. 2, page 3, line 44, by deleting: “Each year when” and inserting “When”.

    Amend sec. 2, page 4, line 1, by deleting “shall” and inserting: “may, in consultation with the applicable employee organization representing those employees, if any,”.

    Amend sec. 3, page 5, line 44, by deleting “receive” and inserting: “be eligible for”.

    Amend sec. 3, page 6, by deleting lines 8 through 11 and inserting: “and if the board of trustees of the school district that employs the speech pathologist has elected to provide for the increase in salary authorized by subsection 3 of section 2 of this act, the board may pay that increase in salary to the speech pathologist retroactively to the beginning of the 2003-2004 school year.”.

    Amend the title of the bill, first line, by deleting “requiring” and inserting “authorizing”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Authorizes increased salaries for certain speech pathologists employed by school districts. (BDR 34‑660)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Assembly Bill No. 466.

    Bill read second time.

    The following amendment was proposed by the Committee on
Ways and Means:

    Amendment No. 1011.

    Amend section 1, page 1, line 3, by deleting “$245,625.35” and inserting “$116,641.00”.

    Amend section 1, page 1, line 4, by deleting: “pay a special assessment on” and inserting: “pay a portion of the special assessment currently due on”.

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

    “Sec. 2.  Any remaining balance of the appropriation made by
subsection 1 of section 1 of this act must not be committed for expenditure after June 30, 2004, and reverts to the State General Fund as soon as all payments of money committed have been made.

    Sec. 3.  This act becomes effective on July 1, 2003.”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Senate Bill No. 132.

    Bill read second time.

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

    Amendment No. 983.

    Amend sec. 4, page 2, line 22, by deleting “by a” and inserting:

by:

    1.  A”.

    Amend sec. 4, page 2, line 23, by deleting: “residence, or by the” and inserting: “residence; or

    2.  The”.

    Amend sec. 4, page 2, line 24, by deleting “residence.” and inserting: “residence if:

    (a) The residence is in the process of initial construction and the first homeowner has not yet occupied the residence; or

    (b) The residence is occupied by a homeowner and the remediation of mold or other repair is being performed by the developer, contractor or subcontractor pursuant to a legal obligation or right to repair the residence.”.

    Amend sec. 7, page 3, by deleting lines 9 and 10 and inserting: “structure if the inspection and testing of mold on the building or structure was performed by:

    (a) The person who is engaging in the remediation of mold on the building; or

    (b) Any person who is:”.

    Amend sec. 7, page 3, line 11, by deleting “(a)” and inserting “(1)”.

    Amend sec. 7, page 3, line 13, by deleting “(b)” and inserting “(2)”.

    Amend sec. 28, page 11, line 34, after “mold.” by inserting: “In adopting the regulations, the Board shall consult with local health authorities in counties whose population is 100,000 or more.”.

    Amend sec. 29, page 12, line 7, after “act.” by inserting: “In establishing the regulations, the Board may consult with local health authorities.”.

    Amend the bill as a whole by adding a new section designated sec. 29.5, following sec. 29, to read as follows:

    “Sec. 29.5.  The Board may enter into a written agreement with any local health authority pursuant to which the local health authority may perform any duty of the Board related to carrying out the provisions of sections 27
to 41, inclusive, of this act within the jurisdiction of the local health authority, including, without limitation, processing applications for certificates, issuing and renewing certificates, offering examinations and providing any other administrative duties related to carrying out the provisions of sections 27 to 41, inclusive, of this act and any regulations adopted pursuant thereto. The Board shall reimburse a local health authority for any such services rendered on behalf of the Board pursuant to this section through the fees collected for the application for and the issuance and renewal of certificates.
”.

    Amend sec. 30, page 12, by deleting lines 16 and 17 and inserting: “building or structure if the inspection and testing of mold on the building or structure was performed by:

    (a) The person who is engaging in the remediation of mold on the building or structure; or

    (b) Any person who is:”.

    Amend sec. 30, page 12, line 18, by deleting “(a)” and inserting “(1)”.

    Amend sec. 30, page 12, line 20, by deleting “(b)” and inserting “(2)”.

    Amend the title of the bill, fifth line, after “mold;” by inserting: “authorizing the Board to delegate such duties to local health authorities;”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblymen Goldwater, Geddes, Anderson, Collins, and Giunchigliani.

    Amendment adopted.

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

    Senate Bill No. 292.

    Bill read second time.

    The following amendment was proposed by the Committee on
Elections, Procedures, and Ethics:

    Amendment No. 992.

    Amend section 1, pages 1 and 2, by deleting lines 1 through 13 on page 1 and lines 1 through 43 on page 2, and inserting:

    “Section 1.  1.  The Legislative Commission shall appoint a committee consisting of six Legislators to conduct an interim study of the impact of Nevada’s industrial insurance program on injured workers, employers and insurers.

    2.  The Legislative Commission shall appoint to the committee three members of the Senate and three members of the Assembly who are acquainted with the statutory program for industrial insurance in this state.

    3.  The study must include, without limitation:

    (a) An examination of the procedures for resolving contested industrial insurance claims filed by injured workers, the costs to injured workers, employers and insurers in litigating such claims, the effect of the benefit penalty on the resolution of such claims, and the timeliness of resolving such claims;

    (b) Consideration of whether it is appropriate to reimburse injured workers for time off of work when they are receiving medical treatment for compensable industrial injuries or illnesses, including the cost of such reimbursement to employers and insurers and the impacts on injured workers of not making such reimbursement;

    (c) Consideration of whether it is appropriate to increase benefits retroactively to a claimant or dependant of a claimant who is entitled to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for a permanent total disability caused by an industrial injury or a disablement from an occupational disease that occurs before July 1, 2004, and if so, consideration of the sources for paying for such increased benefits; and

    (d) A review of the impact of legislation enacted during the 2003 Legislative Session on injured workers, employers and insurers.

    4.  In conducting the study, the committee shall seek information and suggestions from experts in the area of industrial insurance and from various representatives of injured workers, employers and insurers.

    5.  Any recommended legislation proposed by the committee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly who are appointed to the committee.

    6.  The Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 73rd Session of the Nevada Legislature.”.

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

    “Sec. 2.  1.  The Commissioner of Insurance may conduct a study to review pricing mechanisms for medical professional liability insurance.

    2.  If the Commissioner of Insurance conducts a study pursuant to this section, the Commissioner shall submit a report of the results of the study to the Governor and the Legislative Commission.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to insurance; directing the Legislative Commission to appoint a committee to study the impact of Nevada’s industrial insurance program on injured workers, employers and insurers; authorizing the Commissioner of Insurance to conduct a study to review pricing mechanisms for medical professional liability insurance; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Directs Legislative Commission to appoint committee to study impact of Nevada’s industrial insurance program on injured workers, employers and insurers and authorizes Commissioner of Insurance to conduct study to review pricing mechanisms for medical professional liability insurance. (BDR S‑784)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

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

general file and third reading

    Assembly Bill No. 366.

    Bill read third time.

    Remarks by Assemblywoman Chowning.

    Roll call on Assembly Bill No. 366:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 366 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that all rules be suspended, reading so far considered second reading, rules further suspended, Assembly Bill
No. 482; Senate Bills Nos. 210, 250, and 499 be declared emergency measures under the Constitution, and placed on third reading and final passage.

    Motion Carried.

    Assemblywoman Buckley moved that Senate Bill No. 447 just returned from the printer, be placed on the General File.

    Motion carried.

general file and third reading

    Assembly Bill No. 474.

    Bill read third time.

    Roll call on Assembly Bill No. 474:

    Yeas—29.

    Nays—Andonov, Angle, Beers, Brown, Buckley, Carpenter, Conklin, Geddes, Giunchigliani, Gustavson, Leslie, Manendo, Weber—13.

    Assembly Bill No. 474 having received a constitutional majority,
Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 482.

    Bill read third time.

    Roll call on Assembly Bill No. 482:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 482 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 184.

    Bill read third time.

    Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.

    Potential conflict of interest declared by Assemblyman Perkins.

    Roll call on Senate Bill No. 184:

    Yeas—42.

    Nays—None.

    Senate Bill No. 184 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 210.

    Bill read third time.

    Roll call on Senate Bill No. 210:

    Yeas—42.

    Nays—None.

    Senate Bill No. 210 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 250.

    Bill read third time.

    Remarks by Assemblyman Goldwater.

    Roll call on Senate Bill No. 250:

    Yeas—42.

    Nays—None.

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

    Bill ordered transmitted to the Senate.

    Senate Bill No. 301.

    Bill read third time.

    Roll call on Senate Bill No. 301:

    Yeas—42.

    Nays—None.

    Senate Bill No. 301 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Arberry moved that Senate Bill No. 447 be taken from the General File and placed on the Chief Clerk’s desk.


    Remarks by Assemblyman Arberry.

    Motion carried.

general file and third reading

    Senate Bill No. 499.

    Bill read third time.

    Roll call on Senate Bill No. 499:

    Yeas—42.

    Nays—None.

    Senate Bill No. 499 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Goldwater moved that Senate Bill No. 400 be taken from the Chief Clerk’s desk and placed on the General File.

    Motion carried.

general file and third reading

    Senate Bill No. 506.

    Bill read third time.

    Roll call on Senate Bill No. 506:

    Yeas—42.

    Nays—None.

    Senate Bill No. 506 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 400.

    Bill read third time.

    Remarks by Assemblymen Goldwater and Hettrick.

    Potential conflict of interest declared by Assemblyman Goldwater.

    Roll call on Senate Bill No. 400:

    Yeas—41.

    Nays—Giunchigliani.

    Senate Bill No. 400 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 2, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 441, Amendment No. 1008; Assembly Bill No. 490, Amendment No. 1010, and respectfully requests your honorable body to concur in said amendments.

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

    Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 508.

    Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 969 to Senate Bill No. 216.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 144.

    Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Townsend, Titus and Cegavske as a second Conference Committee concerning Senate Bill No. 229.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 508.

    Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 148.

    The following Senate amendment was read:

    Amendment No. 989.

    Amend section 1, page 2, line 12, by deleting “The” and inserting:  “Policies and procedures for the”.

    Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 148.

    Remarks by Assemblyman Arberry.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

Recede From Assembly Amendments

    Assemblyman Arberry moved that the Assembly do not recede from its action on Senate Bill No. 258, that a conference be requested, and that
Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

    Remarks by Assemblyman Arberry.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Arberry, Perkins, and Gibbons as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 258.


Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 144, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA38, which is attached to and hereby made a part of this report.

 

Harry Mortenson

Sandra Tiffany

Tom Collins

Warren B. Hardy

Pete Goicoechea

Terry Care

Assembly Conference Committee

Senate Conference Committee

    Conference Amendment No. CA38.

    Amend sec. 2, page 2, by deleting lines 11 through 16 and inserting:

    “2.  If a fee is charged pursuant to subsection 1:

    (a) The fee must by charged only once annually.

    (b) The total of all fees collected annually pursuant to subsection 1 must not exceed an amount equal to the annual salary of a half-time position the duty of which is to administer the federal grants.”.

    Amend the bill as a whole by renumbering sec. 8 as sec. 9 and adding a new section, designated sec. 8, to read as follows:

    “Sec. 8.  Notwithstanding the provisions of chapter 6, Statutes of Nevada 2001, Special Session, from the $20,000,000 in general obligation bonds allocated to the State Department of Conservation and Natural Resources to be administered by the Division of State Lands pursuant to subparagraph (5) of paragraph (a) of subsection 7 of section 2 of that act:

    1.  The sum of $150,000 must be allocated to Virginia City for distribution to the Comstock Cemetery Foundation for restoration of historic Virginia City cemetery if a commitment for at least a 100 percent matching amount of money from one or more federal grants is obtained for the cost of the restoration project. This allocation must be made from the first bonds sold pursuant to chapter 6 of Statutes of Nevada 2001, Special Session.

    2.  The sum of $136,000 must be allocated to Lincoln County for the restoration of the historic fairgrounds in Panaca, Nevada, if a commitment is received from Lincoln County to match the allocated money through the provision of all labor for the restoration project. This allocation must be made from the second group of bonds sold pursuant to chapter 6 of Statutes of Nevada 2001, Special Session.”.

    Amend the title of the bill, thirteenth line, after “parks;” by inserting: “providing for the allocation of certain bonds proceeds for historic restoration projects in Virginia City and Lincoln County;”.

    Assemblyman Mortenson moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 144.

    Remarks by Assemblyman Mortenson.

    Motion carried by a two-thirds constitutional majority.


Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 232, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA17, which is attached to and hereby made a part of this report.

 

David Goldwater

Warren B. Hardy

Marcus Conklin

Ann O’Connell

Josh Griffin

Maggie Carlton

Assembly Conference Committee

Senate Conference Committee

    Conference Amendment No. CA17.

    Amend the bill as a whole by deleting sections 1 through 19 and the text of repealed sections and adding new sections designated sections 1 through 29, following the enacting clause, to read as follows:

    “Section 1.  NRS 597.814 is hereby amended to read as follows:

    597.814  1.  Except as otherwise provided in subsection 3 and
NRS 597.816, a person shall not use a device for automatic dialing and announcing to disseminate a prerecorded message in a telephone call unless, before the message is disseminated, a recorded or unrecorded natural voice:

    (a) Informs the person who answers the telephone call of the nature of the call, including, without limitation, the fact that a device for automatic dialing and announcing will be used to disseminate the message if the person who answers the call remains on the line; and

    (b) Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, being represented by the caller.

    2.  A person shall not operate a device for automatic dialing and announcing to place:

    (a) A call that is received by a telephone located in this state during the period between [9] 8 p.m. and 9 a.m.; or

    (b) A call-back or second call to the same telephone number [,] if a person at the telephone number terminated the original call.

    3.  This section does not prohibit the use of a device for automatic dialing and announcing to dial the number of and play a recorded message to a person with whom the person using the device or another person affiliated with the person using the device has a preexisting business relationship.

    Sec. 2.  NRS 598.0918 is hereby amended to read as follows:

    598.0918  A person engages in a “deceptive trade practice” if , during a solicitation by telephone or sales presentation, he:

    1.  Uses threatening, intimidating, profane or obscene language;

    2.  Repeatedly or continuously conducts the solicitation or presentation in a manner that is considered by a reasonable person to be annoying, abusive or harassing;

    3.  Solicits a person by telephone at his residence between [9] 8 p.m. and [8 a.m.; or] 9 a.m.;

    4.  Blocks or otherwise intentionally circumvents any service used to identify the caller when placing an unsolicited telephone call [.] ; or

    5.  Places an unsolicited telephone call that does not allow a service to identify the caller by the telephone number or name of the business, unless such identification is not technically feasible.

    Sec. 3.  NRS 598.0999 is hereby amended to read as follows:

    598.0999  1.  A person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this state or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive.

    2.  In any action brought pursuant to the provisions of NRS 598.0903
to 598.0999, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this state or the Attorney General bringing the action may recover a civil penalty not to exceed $2,500 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

    3.  A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

    (a) For the first offense, is guilty of a misdemeanor.

    (b) For the second offense, is guilty of a gross misdemeanor.

    (c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    4.  Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

    5.  If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.305 to 598.395, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, or 598.840
to 598.966, inclusive, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

    (a) The suspension of the person’s privilege to conduct business within this state; or

    (b) If the defendant is a corporation, dissolution of the corporation.

The court may grant or deny the relief sought or may order other appropriate relief.

    6.  If a person violates any provision of sections 5 to 19, inclusive, of this act, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:

    (a) The suspension of the person’s privilege to conduct business within this state; or

    (b) If the defendant is a corporation, dissolution of the corporation.

The court may grant or deny the relief sought or may order other appropriate relief.

    Sec. 3.3.  NRS 598.375 is hereby amended to read as follows:

    598.375  1.  Except as otherwise provided in subsection 8, each seller of travel shall deposit with the Division:

    (a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this state;

    (b) An irrevocable letter of credit for which the seller of travel is the obligor, issued by a bank whose deposits are federally insured; or

    (c) A certificate of deposit in a financial institution which is doing business in this state and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the Commissioner, except that the interest may accrue to the seller of travel.

    2.  The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.

    3.  The amount of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be $50,000.

    4.  If the seller of travel deposits a bond, the seller of travel shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the Division during business hours. The seller of travel shall notify the Division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the Division.

    5.  The Commissioner may reject any bond, letter of credit or certificate of deposit that fails to comply with the requirements of this chapter.

    6.  A seller of travel may change the form of security that he has deposited with the Division. If the seller of travel changes the form of the security, the Commissioner may retain for not more than 1 year any portion of the security previously deposited by the seller of travel as security for claims arising during the time the previous security was in effect.

    7.  If the amount of the deposited security falls below the amount required by this chapter for that security, the seller of travel shall be deemed not to be registered as required by NRS 598.365 for the purposes of this chapter.

    8.  The provisions of this section do not apply to a seller of travel who [is] :

    (a) Is accredited by and appointed as an agent of the Airlines Reporting Corporation [.] ; or

    (b) Maintains a trust account in accordance with the provisions of
section 5 of Assembly Bill No. 343 of this session.

    Sec. 3.5.  NRS 598A.260 is hereby amended to read as follows:

    598A.260  1.  All money obtained as awards, damages or civil penalties for the State of Nevada and its agencies by the Attorney General as a result of enforcement of statutes pertaining to unfair trade practices, whether by final judgment, settlement or otherwise must be deposited in the State Treasury as follows:

    (a) All attorney’s fees and costs and 50 percent of all recoveries for credit to the Attorney General’s Special Fund.

    (b) The balance of the recoveries for credit to the State General Fund.

    2.  Money deposited in the State Treasury for credit to the Attorney General’s Special Fund pursuant to subsection 1 must be used for payment of the expenses of enforcing the statutes pertaining to unfair trade practices [.] and sections 5 to 19, inclusive, of this act. Those expenses which are in excess of the amount available in the fund must be paid out of the legislative appropriation for the support of the Office of Attorney General.

    3.  On June 30 of each fiscal year, any amount in excess of [$200,000] $450,000 in the Attorney General’s Special Fund of the money collected pursuant to subsection 1 reverts to the State General Fund.

    4.  The balance of the money in the Attorney General’s Special Fund that is collected pursuant to subsection 1 must not exceed [$250,000.] $500,000. If money deposited in the State Treasury for credit to the Attorney General’s Special Fund pursuant to subsection 1 would cause that balance to exceed [$250,000] $500,000 if credited to the Fund, the amount of the deposit which would cause the balance to exceed [$250,000] $500,000 immediately reverts to the State General Fund.

    Sec. 4.  Chapter 228 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 19, inclusive, of this act.

    Sec. 5.  As used in sections 5 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 6, 7 and 8 of this act have the meanings ascribed to them in those sections.

    Sec. 6.  “Registry” means the registry established pursuant to section 10 of this act unless, pursuant to section 9 of this act, the part of the single national database that relates to this state is deemed to be the registry.

    Sec. 7.  1.  “Telephone solicitor” means a person who makes or causes another person or a machine to make an unsolicited telephone call for the sale of goods or services.

    2.  As used in this section:

    (a) “Device for automatic dialing and announcing” has the meaning ascribed to it in NRS 597.812.

    (b) “Machine” includes, without limitation, a device for automatic dialing and announcing.

    Sec. 8.  1.  “Unsolicited telephone call for the sale of goods or services” means an unsolicited telephone call, other than a telephone call on behalf of a charitable organization, religious organization or political organization, to:

    (a) Rent, lease, sell, exchange, promote or gift any good or service;

    (b) Solicit any act described in paragraph (a);

    (c) Seek or obtain a donation or contribution of money or anything else of value; or

    (d) Seek or obtain information, including, without limitation, any document, intended to be used to facilitate any act described in paragraph (a), (b) or (c).

    2.  As used in this section:

    (a) “Charitable organization” means a person that the Secretary of the Treasury has determined to be tax exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code of 1986,
26 U.S.C. § 501(c)(3).

    (b) “Committee for political action” means a committee for political action, as defined in NRS 294A.0055, which has registered pursuant to
NRS 294A.230.

    (c) “Good or service” means:

        (1) Any property or product, whether tangible or intangible;

        (2) Any service, including, without limitation, financial service;

        (3) A loan or any other extension of credit;

        (4) Insurance;

        (5) Any investment or opportunity for investment;

        (6) A gift, prize, bonus or any other inducement to act; or

        (7) Anything of value.

    (d) “Political organization” means a committee for political action, political party or candidate for public office.

    (e) “Religious organization” means an organization for which the primary purpose is the operation of a church, synagogue or other place of religious worship at which nonprofit religious services and activities are regularly conducted.

    (f) “Telephone call on behalf of a charitable organization, religious organization or political organization” means a telephone call on behalf of the organization if the call is made by:

        (1) An employee of the organization who is paid directly by the organization; or

        (2) A volunteer.

    3.  For the purposes of this section, a telephone call is deemed to have been solicited if it is made to a person who:

    (a) Expressly requested or expressly gave permission for the telephone call to be made;

    (b) Had an established business relationship with the caller, if the telephone call is made solely to verify the termination of the business relationship; or

    (c) Has a delinquent obligation for which payment or performance is due but has not been made, if the telephone call is made to:

        (1) Collect the payment or obtain the performance; or

        (2) Extend credit to allow the person to make the payment.

    Sec. 9.  1.  If a federal agency establishes a single national database of telephone numbers of persons who request not to receive unsolicited telephone calls for the sale of goods or services, the Attorney General shall, to the extent consistent with federal law, examine that database and the federal law relating to that database for the purposes of sections 5 to 19, inclusive, of this act. Based upon this examination and his analysis of the applicable needs of this state, the Attorney General may issue a finding that:

    (a) The part of the single national database that relates to this state is adequate to serve as the registry for the purposes of sections 5 to 19, inclusive, of this act; and

    (b) It is in the best interests of this state for the Attorney General to use the part of the single national database that relates to this state as the registry for the purposes of sections 5 to 19, inclusive, of this act.

    2.  Except as otherwise provided in subsection 3, if the Attorney General issues the finding described in subsection 1:

    (a) The part of the single national database that relates to this state shall be deemed to be the registry for the purposes of sections 5 to 19, inclusive, of this act;

    (b) The Attorney General shall forward the applicable information in the registry established pursuant to section 10 of this act, if any, to the federal agency or other appropriate person who maintains the single national database;

    (c) The provisions of sections 10 and 13 of this act do not apply;

    (d) The provisions of paragraphs (b), (c) and (d) of subsection 1 of
section 11 of this act do not apply; and

    (e) The provisions of subsection 3 of section 14 of this act do not apply.

    3.  Not less than biennially, the Attorney General shall reexamine the single national database and the federal law relating to that database for the purposes of sections 5 to 19, inclusive, of this act. Based upon this reexamination and his analysis of the applicable needs of this state, the Attorney General may rescind his finding issued pursuant to subsection 1. If the Attorney General rescinds his finding:

    (a) Except as otherwise provided in paragraph (d), 1 month after the Attorney General rescinds his finding, the provisions of section 10 of this act apply;

    (b) Five months after the Attorney General rescinds his finding, the provisions of section 13 of this act apply;

    (c) Six months after the Attorney General rescinds his finding:

        (1) The provisions of paragraphs (b), (c) and (d) of subsection 1 of section 11 of this act apply;

        (2) The provisions of subsection 3 of section 14 of this act apply; and

        (3) The part of the single national database that relates to this state shall cease to be deemed to be the registry for the purposes of sections 5
to 19, inclusive, of this act; and

    (d) Three years after the Attorney General rescinds his finding, the provisions of paragraph (d) of subsection 1 of section 10 of this act apply.

    4.  At any time after rescinding a finding pursuant to subsection 3, the Attorney General may again issue a finding described in subsection 1, and may rescind that finding pursuant to subsection 3.

    Sec. 10.  1.  The Attorney General shall:

    (a) Establish and maintain, or cause to be established and maintained, a registry that includes the name and telephone number of each person in this state who has requested that his telephone number be included in the list published pursuant to this section;

    (b) Provide for a toll-free telephone number that may be used to request inclusion or maintenance of a telephone number in the registry;

    (c) Publish a list of the telephone numbers in the registry at least once every 6 months and ensure that no other personally identifying information contained in the registry is included in the published lists;

    (d) On January 1, 2007, and every 3 years thereafter, delete from the registry every telephone number and related information, except for each telephone number and related information for which the Attorney General has received a request within the preceding 6 months to include or maintain the telephone number in the registry;

    (e) During the 6-month period identified in paragraph (d), use reasonable means, including, without limitation, public service announcements, to inform the public that telephone numbers and related information in the registry will be deleted or otherwise purged unless new or renewed requests for inclusion in the registry are received by the Attorney General; and

    (f) If a federal agency establishes a single national database of telephone numbers of persons who request not to receive unsolicited telephone calls for the sale of goods or services:

        (1) Include the part of the single national database that relates to this state in the registry;

        (2) At least once every 6 months, add to the registry any new and applicable information that has been added to the part of the single national database that relates to this state; and

        (3) At least once every 6 months, remove from the registry any applicable information that has been removed from the part of the single national database that relates to this state.

    2.  The Attorney General may:

    (a) Contract for the establishment and maintenance of the registry;

    (b) Provide for additional procedures for requesting inclusion or maintenance of a telephone number in the registry; and

    (c) Require by regulation that information in addition to names and telephone numbers be included in the registry, including, without limitation, the mailing address of each person who has requested inclusion in the registry.

    3.  A person may request that his telephone number be included or maintained in the registry using:

    (a) A toll-free telephone number provided by the Attorney General for that purpose; or

    (b) Any other method provided by the Attorney General.

    4.  A person may request to have his telephone number removed from the registry. Such a request must be submitted to the Attorney General in writing.

    Sec. 11.  1.  The Attorney General shall make information available to the public concerning the establishment and maintenance of the registry, including, without limitation:

    (a) The procedures for requesting the inclusion or maintenance of a telephone number in the registry;

    (b) A statement indicating that a revised version of the list of telephone numbers in the registry will be published at least once every 6 months;

    (c) A statement indicating that no information contained in the registry, other than the telephone numbers, will be included on the list published pursuant to this section or otherwise disclosed to the public; and

    (d) A statement indicating that all telephone numbers and related information in the registry will be deleted or otherwise purged from the registry every 3 years, except for any telephone number and related information for which the Attorney General has received a new or renewed request for inclusion in the registry within the 6 months before the potential deletion.

    2.  A person who publishes telephone directories for distribution to the public in this state shall ensure that each such telephone directory includes the information made available to the public by the Attorney General pursuant to subsection 1.

    Sec. 12.  To the extent consistent with federal law:

    1.  The registry is not a public record. Any list published of the telephone numbers contained within the registry is not a public record.

    2.  The telephone numbers in the registry must not be published or released except pursuant to the provisions of sections 5 to 19, inclusive, of this act.

    3.  The information in the registry other than the telephone numbers:

    (a) Must not be published or released; and

    (b) May only be used by the Attorney General to administer the provisions of sections 5 to 19, inclusive, of this act.

    Sec. 13.  Each list of telephone numbers published pursuant to section 10 of this act must be made available to a telephone solicitor upon the payment of the fee established by regulation for this purpose by the Attorney General. The fee must not exceed $1,000 annually for each telephone solicitor, regardless of the number of revised editions of the list that are published during the calendar year.

    Sec. 14.  1.  Except as otherwise provided in section 15 of this act, a telephone solicitor shall not intentionally make an unsolicited telephone call for the sale of goods or services to a telephone number in the currently effective version of the list of telephone numbers in the registry.

    2.  A person who obtains a copy of or access to the registry or to any version of the list of telephone numbers in the registry shall not use that information for any purpose other than determining whether a particular telephone number is available for an unsolicited telephone call for the sale of goods or services.

    3.  For the purposes of this section, a version of the list of telephone numbers in the registry is deemed to be the currently effective version of the list for the period beginning on the 31st day after it is published and ending on the 30th day after the next version is published.

    Sec. 15.  1.  The provisions of section 14 of this act do not prohibit a telephone solicitor from making or causing another person to make an unsolicited telephone call for the sale of goods or services to a telephone number in the currently effective version of the list of telephone numbers in the registry if:

    (a) There is a preexisting business relationship between the telephone solicitor and the person who is called; and

    (b) The telephone solicitor complies with the provisions of this section.

    2.  Before a telephone solicitor may make or cause another person to make an unsolicited telephone call for the sale of goods or services based on a preexisting business relationship, the telephone solicitor must establish and maintain an internal do-not-call registry that complies with federal and state laws and regulations. The internal do-not-call registry must:

    (a) Include, without limitation, a list of the telephone numbers of any person who has requested that the telephone solicitor not make or cause another person to make an unsolicited telephone call for the sale of goods or services to a telephone number of the person making the request; and

    (b) Upon request, be provided by the telephone solicitor to the Attorney General.

    3.  In addition to the requirements set forth in subsection 2, at least once each year, the telephone solicitor shall provide written notice to each person with whom the telephone solicitor has a preexisting business relationship. The written notice must:

    (a) Inform the person that the telephone solicitor is providing the notice pursuant to state law;

    (b) Explain to the person that the telephone solicitor may elect to be placed on the internal do-not-call list of the telephone solicitor and specify the procedures for making such an election; and

    (c) Explain to the person that the person may contact the customer service department of the telephone solicitor or the Attorney General to obtain further information concerning the provisions of this section and must provide the current address, telephone number and electronic mail address of the customer service department of the telephone solicitor and the Attorney General.

    4.  As used in this section, “preexisting business relationship” means a relationship between a telephone solicitor and a person that is based on:

    (a) The person’s purchase, rental or lease of goods or services directly from the telephone solicitor, but not from any affiliate or associate of the telephone solicitor; or

    (b) Any other financial transaction directly between the person and the telephone solicitor, but not between the person and any affiliate or associate of the telephone solicitor,

that occurs within the 18 months immediately preceding the date of the unsolicited telephone call for the sale of goods or services.

    Sec. 16.  If the Attorney General has reason to believe that a person has violated any of the provisions of sections 5 to 19, inclusive, of this act or any regulation adopted pursuant thereto, he may institute an appropriate legal proceeding against the person in a court of competent jurisdiction.

    Sec. 17.  A violation of a provision of sections 5 to 19, inclusive, of this act constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

    Sec. 18.  1.  The Registry Fund is hereby created as a special revenue fund in the State Treasury for the use of the Attorney General.

    2.  All money collected by the Attorney General pursuant to section 13 of this act must be deposited in the State Treasury for credit to the Registry Fund. The interest and income earned on the money in the Registry Fund, after deducting any applicable charges, must be credited to the Registry Fund.

    3.  Expenditures from the Registry Fund must be made only to administer and enforce the provisions of sections 5 to 19, inclusive, of this act.

    4.  The Attorney General shall administer the Registry Fund. All claims against the Registry Fund must be paid as other claims against the State are paid.

    5.  Any money remaining in the Registry Fund at the end of a fiscal year does not revert to the State General Fund, and the balance in the Registry Fund must be carried forward to the next fiscal year.

    6.  Each year, the Attorney General shall submit an itemized statement of the income and expenditures for the Registry Fund:

    (a) To the Legislature, if the Legislature is in session; or

    (b) To the Interim Finance Committee, if the Legislature is not in session.

    Sec. 19.  The Attorney General shall adopt regulations to carry out the provisions of sections 5 to 19, inclusive, of this act.

    Sec. 20.  Section 5 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

    Sec. 5.  1.  Except as otherwise provided in subsection 2:

    (a) A seller of travel shall maintain a trust account in a bank, credit union or savings and loan association in this state for the purpose of depositing all money that a consumer pays to the seller of travel for the purchase of travel services or a vacation certificate.

    (b) If a consumer pays money to a seller of travel for the purchase of travel services or a vacation certificate, the seller of travel shall deposit all such money in the trust account maintained by the seller of travel not later than 2 business days after the date on which the consumer pays the money to the seller of travel.

    (c) The seller of travel shall pay out of the trust account the money paid to the seller of travel by the consumer as needed to complete the purchase of the travel services or vacation certificate purchased by the consumer.

    2.  The provisions of this section do not apply to a seller of travel who deposits security with the Division pursuant to NRS 598.375.

    Sec. 21.  Section 7 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

    Sec. 7.  1.  Except as otherwise provided in subsection 5, a consumer who is eligible for recovery from the account must file a complaint with the Division or its designee not later than 1 year after the scheduled date of completion of the travel purchased by the consumer. The consumer must file the complaint on a form established for this purpose by the Division.

    2.  If the Division receives a complaint pursuant to subsection 1, the Division or its designee shall hold a hearing on the complaint. The Division shall:

    (a) Affix the time and place for the hearing; and

    (b) Notify the interested parties, in writing, at least 10 days before the date affixed for the hearing, of the time and place of the hearing.

    3.  Any testimony taken at the hearing must be considered a part of the record of the hearing before the Division or its designee.

    4.  The hearing must be public if a request is made for a public hearing.

    5.  If a consumer has obtained a judgment in any court of competent jurisdiction for recovery of damages against a seller of travel, the consumer may file with the Division or its designee a complaint for recovery of the judgment from the account. The consumer must file the complaint not later than 2 years after the entry of the judgment. The consumer is eligible for recovery of the judgment from the account if:

    (a) The judgment is for actual damages suffered by the consumer as a result of:

        (1) Any act of fraud or misrepresentation by the seller of travel acting in his capacity as a seller of travel;

        (2) The bankruptcy of the seller of travel;

        (3) The breach of any contract entered into by the seller of travel in his capacity as a seller of travel; or

        (4) The violation by the seller of travel of any provision of NRS 598.305 to 598.395, inclusive, and sections 2 to 10, inclusive, of this act;

    (b) The proceedings in connection with the judgment, including all appeals, have terminated;

    (c) The consumer files the complaint on a form established for this purpose by the Division;

    (d) The consumer submits proof satisfactory to the Division of the judgment; and

    (e) Upon obtaining payment from the account, the consumer assigns his rights to enforce the judgment to the Division.

    6.  If a consumer files a complaint pursuant to this section, the Division or its designee shall act upon the complaint not later than 60 days after the date on which the complaint is filed with the Division, unless the Division:

    (a) Determines that the complaint involves complex issues that may not reasonably be resolved within 60 days; and

    (b) Notifies the interested parties, in writing, that the time for acting on the complaint will be extended. If the Division provides such notice to the interested parties, the Division shall act upon the complaint not later than 180 days after the date on which the complaint is filed with the Division.

    Sec. 22.  Section 8 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

    Sec. 8.  1.  Except as otherwise provided in subsection 2, a consumer is eligible for recovery from the account if:

    (a) The Division or its designee, after conducting a hearing on a complaint filed pursuant to the provisions of subsection 1 of section 7 of this act, finds that the consumer suffered actual damages as a result of:

        (1) Any act of fraud or misrepresentation by the seller of travel acting in his capacity as a seller of travel;

        (2) The bankruptcy of the seller of travel;

        (3) The breach of any contract entered into by the seller of travel in his capacity as a seller of travel; or

        (4) The violation by the seller of travel of any provision of NRS 598.305 to 598.395, inclusive, and sections 2 to 10, inclusive, of this act; or

    (b) The consumer complies with the provisions of subsection 5 of section 7 of this act for the recovery of a judgment from the account.

    2.  A consumer is not eligible for recovery from the account if:

    (a) The consumer is the spouse of the seller of travel or is a personal representative of the spouse of the seller of travel;

    (b) The consumer was associated in a business relationship with the seller of travel other than with regard to the travel services or vacation certificate at issue;

    (c) At the time the consumer paid money to the seller of travel for the purchase of the travel services or vacation certificate at issue, the seller of travel was not registered with the Division as required by NRS 598.365; or

    (d) The consumer is seeking recovery of losses which were incurred by the consumer as the result of a cancellation penalty that:

        (1) Was fully disclosed and agreed to by the consumer at the time the consumer entered into the contract for the purchase of the travel services or vacation certificate at issue; and

        (2) Was imposed against the consumer, in accordance with the terms of the contract, after the cancellation of the travel services or vacation certificate at issue.

    3.  If the Division or its designee finds that a consumer is eligible for recovery from the account pursuant to this section, the Division or its designee may pay out of the account:

    (a) If the complaint was filed pursuant to subsection 1 of section 7 of this act, the amount of actual damages suffered, but not to exceed $10,000; or

    (b) If the complaint was filed pursuant to subsection 5 of section 7 of this act, the amount of actual damages included in the judgment and remaining unpaid, but not to exceed $10,000.

    4.  If a consumer has recovered a portion of his losses from sources other than the account, the Division shall deduct the amount recovered from the other sources from the amount payable upon the claim and direct the difference to be paid from the account.

    5.  To the extent that payments are made from the account to a consumer, the Division is subrogated to the rights of the consumer. The Division and the Attorney General shall promptly enforce all subrogation claims.

    6.  The amount of recovery from the account based upon claims made against any single seller of travel:

    (a) Must not exceed $200,000; and

    (b) For any single action of the seller of travel, must not exceed
20 percent of the balance of the account.

    Sec. 23.  Section 9 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

    Sec. 9.  1.  A seller of travel shall display conspicuously, at each place of business of the seller of travel and on any website maintained by the seller of travel for business purposes, a legible and typewritten statement that notifies consumers that they may be eligible to recover certain financial damages from the Recovery Fund. The written statement must be in substantially the following form:

 

RECOVERY FUND FOR CONSUMERS

DAMAGED BY SELLERS OF TRAVEL

 

    You may be eligible for payment from the Recovery Fund if you have paid money to a seller of travel registered in this state for the purchase of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. To obtain information relating to your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery Fund, you may contact the Consumer Affairs Division of the Department of Business and Industry at the following locations:

 

SOUTHERN NEVADA:  1850 East Sahara Avenue

Suite 101

Las Vegas, Nevada 89104

Phone: 702.486.7355

Fax: 702.486.7371

ncad@fyiconsumer.org

 

NORTHERN NEVADA:  4600 Kietzke Lane

Building B, Suite 113

Reno, Nevada 89502

Phone: 775.688.1800

Fax: 775.688.1803

 

    2.  The Division may impose upon a seller of travel an administrative fine of not more than:

    (a) For the first violation of subsection 1, $100; and

    (b) For a second or subsequent violation of subsection 1, $250.

    3.  The Division shall deposit any money received pursuant to this section in the account established pursuant to section 6 of this act.

    4.  The provisions of NRS 598.305 to 598.395, inclusive, and sections 2
to 10, inclusive, of this act do not limit the authority of the Division to take disciplinary action against a seller of travel.

    Sec. 24.  Section 10 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

    Sec. 10.  1.  The Division shall:

    (a) On or before February 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the appropriate legislative committee if the Legislature is in session, or to the Interim Finance Committee if the Legislature is not in session, a statement of the condition of the account that is prepared in accordance with generally accepted accounting principles.

    (b) Employ accountants as necessary for the performance of the duties set forth in this section and pay any related expenses from the money in the account. Except as otherwise provided in subsection 3, the expenditures made by the Division pursuant to this paragraph must not exceed $10,000 in any fiscal year.

    (c) Employ or contract with persons and procure necessary equipment, supplies and services to be paid from or purchased with the money in the account as may be necessary to monitor or process claims filed by consumers that may result in a recovery from the account.

    2.  Any interest earned on the money in the account must be credited to the account. The Division may expend the interest earned on the money in the account to increase public awareness of the account. Except as otherwise provided in subsection 3, the expenditures made by the Division for this purpose must not exceed $50,000 in any fiscal year.

    3.  The total expenditures made by the Division pursuant to this section must not exceed 10 percent of the account in any fiscal year.

    4.  Once an initial balance of $200,000 exists in the account, the Division shall maintain a minimum balance of $200,000 in the account.

    5.  The Division shall adopt such regulations as are necessary to carry out the provisions of NRS 598.305 to 598.395, inclusive, and sections 2 to 10, inclusive, of this act, including, without limitation, regulations governing:

    (a) The disbursement of money from the account; and

    (b) The manner in which a complaint is filed with the Division or its designee pursuant to the provisions of section 7 of this act.

    Sec. 25.  Section 11 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

    Sec. 11.  NRS 598.0999 is hereby amended to read as follows:

    598.0999  1.  A person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this state or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive.

    2.  In any action brought pursuant to the provisions of NRS 598.0903
to 598.0999, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this state or the Attorney General bringing the action may recover a civil penalty not to exceed $2,500 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

    3.  A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

    (a) For the first offense, is guilty of a misdemeanor.

    (b) For the second offense, is guilty of a gross misdemeanor.

    (c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    4.  Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

    5.  If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.305 to 598.395, inclusive, and sections 2 to 10, inclusive, of this act, 598.405 to 598.525, inclusive, and section 10.5 of this act, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

    (a) The suspension of the person’s privilege to conduct business within this state; or

    (b) If the defendant is a corporation, dissolution of the corporation.

The court may grant or deny the relief sought or may order other appropriate relief.

    Sec. 26.  Section 12 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

    Sec. 12.  NRS 598.305 is hereby amended to read as follows:

    598.305  As used in NRS 598.305 to 598.395, inclusive, and sections 2
 to 10, inclusive, of this act,
unless the context otherwise requires, the words and terms defined in NRS 598.315 to 598.356, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

    Sec. 27.  Section 14 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

    Sec. 14.  NRS 598.365 is hereby amended to read as follows:

    598.365  1.  Before advertising its services or conducting business in this state, a seller of travel must register with the Division by:

    (a) Submitting to the Division an application for registration on a form prescribed by the Division;

    (b) Paying to the Division a fee of $25; [and]

    (c) Depositing the security required pursuant to NRS 598.375, if any, with the Division [.] ; and

    (d) Paying to the Division a fee of $100 for deposit to the account established pursuant to section 6 of this act.

    2.  The Division shall issue a certificate of registration to the seller of travel upon receipt of :

    (a) The security in the proper form if the seller of travel is required to deposit security pursuant to NRS 598.375; and

    (b) The payment of [the fee] any fees required by this section.

    3.  A certificate of registration:

    (a) Is not transferable or assignable; and

    (b) Expires 1 year after it is issued.

    4.  A seller of travel must renew a certificate of registration issued pursuant to this section before the certificate expires by:

    (a) Submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division; [and]

    (b) Paying to the Division a fee of $25 [.] ; and

    (c) Paying to the Division a fee of $100 for deposit to the account established pursuant to section 6 of this act.

    5.  The Division shall mail an application for the renewal of a certificate to the last known address of a seller of travel at least 30 days before the expiration of the certificate.

    6.  The provisions of this section do not require a person described in paragraph (a) of subsection 2 of NRS 598.335 to register with the Division.

    Sec. 28.  Section 15 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

    Sec. 15.  (Deleted by amendment.)

    Sec. 29.  1.  This section becomes effective upon passage and approval.

    2.  Sections 1, 2, 3 and 3.5 to 19, inclusive, of this act become effective upon passage and approval for the purposes of adopting regulations and entering into contracts or otherwise preparing to carry out the provisions of this act.

    3.  Sections 3.3 and 20 to 28, inclusive, of this act become effective on October 1, 2003.

    4.  Sections 1, 2, 3 and 3.5 to 19, inclusive, of this act become effective on January 1, 2004, for the purpose of the Attorney General making the determination described in subsection 1 of section 9 of this act.

    5.  If the Attorney General makes the determination described in subsection 1 of section 9 of this act on or before April 1, 2004, sections 1, 2, 3 and 3.5 to 19, inclusive, of this act become effective on May 1, 2004, for all other purposes.

    6.  If the Attorney General does not make the determination described in subsection 1 of section 9 of this act on or before April 1, 2004, sections 1, 2, 3 and 3.5 to 19, inclusive, of this act become effective:

    (a) On May 1, 2004, for the purposes of the Attorney General receiving and accepting requests to include telephone numbers in the registry established pursuant to section 10 of this act.

    (b) On June 1, 2004, for the purpose of publishing the first list of telephone numbers in the registry; and

    (c) On July 1, 2004, for all other purposes.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to trade practices; requiring the establishment of a registry of certain telephone numbers or the use of a similar federal list; requiring the publication of a list of certain telephone numbers or the use of a similar federal list; prohibiting a telephone solicitor from making an unsolicited telephone call for the sale of goods or services to a telephone number included in the currently effective version of the list under certain circumstances; providing that the making of an unsolicited telephone call for the sale of goods and services is a deceptive trade practice under certain circumstances; providing that a seller of travel may maintain a trust account or post security; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Revises provisions relating to trade practices. (BDR 52‑1073)”.

    Amend the joint sponsors of the bill to read as follows:

“JOINT SPONSORS: SENATORS TOWNSEND, AMODEI, TITUS, HARDY, CARLTON, CARE, CEGAVSKE, MATHEWS, MCGINNESS, NEAL, NOLAN, O’CONNELL, RAGGIO, RAWSON, SCHNEIDER, SHAFFER, TIFFANY, WASHINGTON AND WIENER.”.

    Assemblyman Goldwater moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 232.

    Remarks by Assemblymen Goldwater, Conklin, and Chowning.

    Motion carried by a two-thirds constitutional majority.

Consideration of Senate Amendments

    Assembly Bill No. 490.

    The following Senate amendment was read:

    Amendment No. 1010.

    Amend sec. 19, page 5, by deleting lines 22 through 32 and inserting: “business as [:

    (a) A firm or corporation that is exempt from licensing as] a mortgage [company pursuant to subsection 6 of NRS 645E.150.

    (b) A mortgage company if:

        (1)] banker if:

    (a) The licensee and the mortgage [company:

            (I)] banker:

        (1) Operate as separate legal entities;

            [(II)] (2) Maintain separate accounts, books and records;

            [(III)] (3) Are subsidiaries of the same parent corporation; and

            [(IV)] (4) Maintain separate licenses; and

        [(2)] (b) The mortgage [company] banker is licensed by this state”.

    Amend sec. 36, page 14, by deleting lines 20 through 41 and inserting:

    “6.  [Except as otherwise provided in this subsection and NRS 645B.690, any firm or corporation:

    (a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;

    (b) Approved by the Federal National Mortgage Association as a seller and servicer; and

    (c) Approved by the Department of Housing and Urban Development and the Department of Veterans Affairs.

A firm or corporation is not exempt from the provisions of this chapter pursuant to this subsection if it maintains any accounts described in subsection 1 of NRS 645B.175 or if it offers for sale in this state any unregistered security under state or federal law and purports to make investments in promissory notes secured by liens on real property. A firm or corporation which is exempted pursuant to this subsection must submit annually as a condition of its continued exemption a certified statement by an independent certified public accountant that the firm or corporation does not maintain any such accounts. This subsection does not prohibit an exempt firm or corporation from maintaining accounts described in NRS 645B.170 and subsection 4 of NRS 645B.175.

    7.]  Any person doing any act under an order of any court.”.

    Amend sec. 36, page 14, line 42, by deleting “8.” and inserting “[8.] 7.”.

    Amend sec. 36, page 15, line 4, by deleting “9.” and inserting “[9.] 8.”.

    Amend sec. 36, page 15, line 7, by deleting “10.” and inserting “[10.] 9.”.

    Amend sec. 37, page 15, line 12, by deleting “or 6” and inserting “[or 6]”.

    Amend sec. 37, page 15, line 17, by deleting “or 6” and inserting “[or 6]”.

    Amend sec. 37, page 15, by deleting line 21 and inserting: “subsections 2 to [5, inclusive, or 7 to 10,] 9, inclusive, of NRS 645B.015”.

    Amend sec. 47, page 27, by deleting lines 16 through 31 and inserting:

    “2.  [If a person is exempt from the provisions of this chapter pursuant to subsection 6 of NRS 645B.015 and the person, while exempt, maintains, offers to maintain or holds himself out as maintaining any accounts described in subsection 1 of NRS 645B.175 or otherwise engages in, offers to engage in or holds himself out as engaging in any activity that would remove the person from the exemption set forth in subsection 6 of NRS 645B.015, the Commissioner shall impose upon the person an administrative fine of not more than $10,000 for each violation and the Commissioner shall revoke the person’s exemption. If the Commissioner revokes an exemption pursuant to this subsection, the person may not again be granted the same or a similar exemption from the provisions of this chapter. The person may apply for a license pursuant to this chapter unless otherwise prohibited by specific statute.

    3.]  If a mortgage broker violates any provision of subsection 1”.

    Amend sec. 54, pages 29 and 30, by deleting lines 44 and 45 on page 29 and lines 1 through 7 on page 30, and inserting:

    “6.  [Any firm or corporation:

    (a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;

    (b) Approved by the Federal National Mortgage Association as a seller and servicer; and

    (c) Approved by the Department of Housing and Urban Development and the Department of Veterans Affairs.

    7.]  Any person doing any act under an order of any court.”.

    Amend sec. 54, page 30, line 8, by deleting “8.” and inserting “[8.] 7.”.

    Amend sec. 54, page 30, line 15, by deleting “9.” and inserting “[9.] 8.”.

    Amend sec. 54, page 30, line 18, by deleting “10.” and inserting “[10.] 9.”.

    Amend sec. 55, page 30, line 22, by deleting “or 6” and inserting “[or 6]”.

    Amend sec. 55, page 30, line 28, by deleting “or 6” and inserting “[or 6]”.

    Amend sec. 55, page 30, by deleting line 32 and inserting: “subsections 2 to [5, inclusive, or 7 to 10,] 9, inclusive, of NRS 645E.150”.

    Amend the bill as a whole by adding a new section designated sec. 87.5, following sec. 87, to read as follows:

    “Sec. 87.5.  1.  Notwithstanding the amendatory provisions of this act, if a person, on July 1, 2003, holds a certificate of exemption issued pursuant to chapter 645B of NRS and the certificate is based on the exemption set forth in subsection 6 of NRS 645B.015, as that subsection existed before the enactment of this act, the person may, until January 1, 2004, provide the services of a mortgage broker or otherwise engage in, carry on or hold himself out as engaging in or carrying on the business of a mortgage broker without being licensed pursuant to chapter 645B of NRS.

    2.  Notwithstanding the amendatory provisions of this act, if a person, on July 1, 2003, holds a certificate of exemption issued pursuant to
chapter 645E of NRS and the certificate is based on the exemption set forth in subsection 6 of NRS 645E.150, as that subsection existed before the enactment of this act, the person may, until January 1, 2004, provide the services of a mortgage banker or otherwise engage in, carry on or hold himself out as engaging in or carrying on the business of a mortgage banker without being licensed pursuant to chapter 645E of NRS.”.

    Amend the title of the bill, thirteenth line, after “of” by inserting “mortgage bankers,”.

    Assemblyman Goldwater moved that the Assembly concur in the Senate amendment to Assembly Bill No. 490.

    Remarks by Assemblyman Goldwater.

    Motion carried by a two-thirds constitutional majority.

    Bill ordered to enrollment.

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 137, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA40, which is attached to and hereby made a part of this report.

 

Marcus Conklin

Barbara Cegavske

Chris Giunchigliani

Dina Titus

Valerie Weber

Raymond D. Rawson

Assembly Conference Committee

Senate Conference Committee

    Conference Amendment No. CA40.

    Amend the bill as a whole by adding a new section designated sec. 7.5, following sec. 7, to read as follows:

    “Sec. 7.5.  1.  There is hereby established an advisory committee to the Committee consisting of:

    (a) The Superintendent of Public Instruction;

    (b) The Administrator of the Aging Services Division of the Department of Human Resources;

    (c) The Chief of the Bureau of Vocational Rehabilitation of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation;

    (d) The Chief of the Bureau of Services to the Blind and Visually Impaired of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation; and

    (e) Any persons appointed by the Chairman of the Committee pursuant to subsection 2.

    2.  The Chairman of the Committee shall appoint representatives from local advocacy and provider groups to serve on the advisory committee, as the Chairman deems necessary.

    3.  Each member of the advisory committee described in paragraph (a), (b), (c) or (d) of subsection 1 may designate a representative to serve in his place on the advisory committee or to replace him at a meeting of the Committee or the advisory committee.

    4.  Each member of the advisory committee who is not an officer or employee of the State serves without compensation and is not entitled to receive a per diem allowance or travel expenses.

    5.  Each member of the advisory committee who is an officer or employee of the State must be relieved from his duties without loss of his regular compensation so that he may attend meetings of the Committee or the advisory committee and is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, which must be paid by the state agency that employs him.”.

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

    “Sec. 10.  1.  The Legislative Committee on Persons With Disabilities shall conduct a study for the purpose of establishing an Interagency Transition Plan concerning the transition from school to work for pupils with disabilities and to study ways to more fully implement the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., in Nevada and to study the facilitation of the use of service animals in this state.

    2.  The study must, without limitation:

    (a) Include a review of programs available for pupils with disabilities in the secondary school environment, including a review of the outcomes for such pupils after exiting school, as a means of determining costs and potential savings for such programs;

    (b) Identify gaps in services that may exist for pupils with disabilities who are transitioning out of school into the workforce and develop strategies for narrowing these gaps, including postsecondary education, vocational training, integrated employment, continuing and adult education, adult services, independent living and community participation; and

    (c) Determine ways of better implementing the provisions of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., for the benefit of the residents of the State of Nevada, including appropriate access for persons with disabilities and facilitating the use of service animals.

    3.  The Legislative Committee on Persons With Disabilities shall establish an Interagency Transition Plan for the purpose of facilitating the transition from school to work for pupils with disabilities.

    4.  The Legislative Committee on Persons With Disabilities shall submit a copy of the Interagency Transition Plan established pursuant to subsection 3 and a report of the results of the study conducted pursuant to subsection 1 and any recommendations for legislation to the 73rd Session of the Nevada Legislature.”.

    Assemblyman Conklin moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 137.

    Remarks by Assemblyman Conklin.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 249, consisting of the undersigned members, has met and reports that:

    It has agreed to recommend that the amendment(s) of the Senate be receded from.

Chris Giunchigliani

Raymond D. Rawson

Peggy Pierce

Bernice Mathews

Pete Goicoechea

Bob Coffin

Assembly Conference Committee

Senate Conference Committee

    Assemblywoman Giunchigliani moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 249.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried by a constitutional majority.

REPORTS OF COMMITTEES

Mr. Speaker:

    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.

Mark Manendo, Chairman

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 8:28 p.m.

ASSEMBLY IN SESSION

    At 9:59 p.m.

    Mr. Speaker presiding.

    Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 554, 555; Senate Bill No. 507, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Ways and Means, to which was referred Senate Bill No. 3, 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 Ways and Means, to which was re-referred Senate Bill No. 306, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that all rules be suspended, reading so far considered second reading, rules further suspended, Assembly Bills
Nos. 268, 466; Senate Bills Nos. 132 and 292 declared emergency measures under the Constitution and placed on third reading and final passage.

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 3.

    Bill read second time.

    The following amendment was proposed by the Committee on
Ways and Means:

    Amendment No. 1009.

    Amend section 1, page 2, line 26, after “state” by inserting: “whose population is less than 100,000”.

    Amend section 1, page 2, line 35, by deleting “Five” and inserting “Ten”.

    Amend section 1, page 2, line 40, after “state” by inserting: “whose population is less than 100,000”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

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

general file and third reading

    Assembly Bill No. 268.

    Bill read third time.

    Roll call on Assembly Bill No. 268:

    Yeas—41.

    Nays—Mabey.

    Assembly Bill No. 268 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 466.

    Bill read third time.

    Roll call on Assembly Bill No. 466:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 466 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 554.

    Bill read third time.

    Roll call on Assembly Bill No. 554:

    Yeas—36.

    Nays—Angle, Beers, Buckley, Gibbons, Gustavson, Oceguera—6.

    Assembly Bill No. 554 having received a constitutional majority,
Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 555.

    Bill read third time.

    Remarks by Assemblyman Knecht.

    Conflict of interest declared by Assemblyman Knecht.

    Roll call on Assembly Bill No. 555:

    Yeas—26.

    Nays—Andonov, Angle, Beers, Brown, Carpenter, Christensen, Claborn, Gibbons, Grady, Gustavson, Hettrick, Mabey, Marvel, Sherer, Weber—15.

    Not    Voting—Knecht.

    Assembly Bill No. 555 having received a constitutional majority,
Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Goldwater moved that the action whereby Senate Amendment No. 712 to Assembly Bill No. 493 was not concurred in be rescinded.

    Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 493.

    The following Senate amendment was read:

    Amendment No. 712.

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

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

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

    (b) May only be used to:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    “Sec. 4.  (Deleted by amendment.)”.

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

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

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

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

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

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

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

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

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

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

    “Sec. 11.  (Deleted by amendment.)”.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    “Sec. 29.  1.  This act becomes”.

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

    Amend the title of the bill to read as follows:

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

    Amend the summary of the bill to read as follows:

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

    Assemblyman Goldwater moved that the Assembly concur in the Senate amendment to Assembly Bill No. 493.

    Remarks by Assemblyman Goldwater.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 23, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA43, which is attached to and hereby made a part of this report.

Peggy Pierce

William J. Raggio

Ellen Koivisto

Randolph  J. Townsend

Chad Christensen

Terry Care

Assembly Conference Committee

Senate Conference Committee

    Conference Amendment No. CA43.

    Amend section 1, pages 2 and 3, by deleting lines 6 through 45 on page 2 and lines 1 through 5 on page 3, and inserting:

                      [County]                                        District                                                                                  County                                County                                County                                County                                Public

Class  County        [Commissioner]                         Attorney                             Sheriff                                 Clerk                                     Assessor                             Recorder                             Treasurer                            Administrator

 

      1    Clark    [$54,000          $100,800         $84,000           $72,000           $72,000           $72,000           $72,000           $72,000]

                                                $155,745         $134,263         $91,138           $91,138           $91,138           $91,138           $91,138

      2    Washoe     [39,600      96,000             78,000             66,000             66,000             66,000             66,000             66,000]

                                                137,485           110,632           83,543             83,543             83,543             83,543             83,543

      3    Carson City     [18,00072,360             60,000             51,360             51,360             --------            51,360             --------]

                                                98,707             81,846             65,012             65,012             --------            65,012             --------

            Churchill   [18,000      72,360             60,000             51,360             51,360             51,360             --------            --------]

                                                98,707             81,846             65,012             65,012             65,012             --------            --------

            Douglas     [18,000      72,360             60,000             51,360             51,360             51,360             --------            --------]

                                                98,707             81,846             65,012             65,012             65,012             --------            --------

            Elko     [18,000            72,360             60,000             51,360             51,360             51,360             51,360             --------]

                                                98,707             81,846             65,012             65,012             65,012             65,012             --------

            Humboldt                    98,707             81,846             65,012             65,012             65,012             65,012             --------

            Lyon   [18,000            72,360             60,000             51,360             51,360             51,360             --------            --------]

                                                98,707             81,846             65,012             65,012             65,012             --------            --------

            Nye     [18,000            72,360             60,000             51,360             51,360             51,360             51,360             --------]

                                                98,707             81,846             65,012             65,012             65,012             65,012             --------

      [4   Humboldt  18,000       68,340             54,000             42,840             42,840             42,840             42,840             --------]

      4    Lander      [18,000      68,340             54,000             42,840             42,840             42,840             42,840             --------]

                                                93,223             73,662             54,227             54,227             54,227             54,227             --------

            White Pine      [18,000                        68,340             54,000             42,840             42,840             42,840             42,840             --------]

                                                93,223             73,662             54,227             54,227             54,227             54,227             --------

      5    Eureka       [15,240      60,300             43,200             38,400             38,400             38,400             --------            --------]

                                                82,256             58,929             48,607             48,607             48,607             --------            --------

            Lincoln      [15,240      60,300             43,200             38,400             38,400             38,400             38,400             --------]

                                                82,256             58,929             48,607             48,607             48,607             48,607             --------

            Mineral     [15,240      60,300             43,200             38,400             38,400             38,400             --------            --------]

                                                82,256             58,929             48,607             48,607             48,607             --------            --------

            Pershing    [15,240      60,300             43,200             38,400             38,400             38,400             --------            --------]

                                                82,256             58,929             48,607             48,607             48,607             --------            --------

            Storey                          82,256             58,929             48,607             48,607             48,607             --------            --------

      6    Esmeralda      [12,000                        47,880             38,400             33,600             33,600             33,600             --------            --------]

                                                65,314             52,382             42,531             42,531             42,531             --------            --------

            [Storey      15,240                               47,880             43,200             38,400             38,400             38,400             --------            --------]

    3.  A board of county commissioners may, by a vote of at least a majority of all the members of the board, set the annual salary for the county commissioners of that county, but in no event may the annual salary exceed an amount which equals 126.65 percent of the amount of the annual salary for the county commissioners of that county that was in effect by operation of statute on January 1, 2003.”.

    Amend the title of the bill by deleting the second through sixth lines and inserting: “certain elected county officers; authorizing a board of county commissioners to set the annual salary for a county commissioner of that county within certain limitations; authorizing a county to request and receive a waiver from the increases in compensation of certain elected county officers in the event of insufficient financial”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Increases compensation of certain elected county officers and authorizes board of county commissioners to set salary of county commissioners. (BDR 20‑163)”.

    Assemblywoman Pierce moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 23.

    Remarks by Assemblymen Pierce, McClain, Atkinson, and Leslie.

    Potential conflict of interest declared by Assemblymen McClain, Atkinson, and Leslie.

    Motion carried by a constitutional majority.

Consideration of Senate Amendments

    Assembly Bill No. 441.

    The following Senate amendment was read:

    Amendment No. 1008.

    Amend sec. 12, pages 4 and 5, by deleting lines 18 through 45 on page 4 and lines 1 through 6 on page 5, and inserting:

    “Sec. 12.  1.  The Nevada Commission on Homeland Security, consisting of the members appointed pursuant to this section, is hereby created.

    2.  The Governor shall appoint to the Commission a number of members that he determines to be appropriate, except that the Commission must include at least:

    (a) One member who is a representative of a Nevada law enforcement agency; and

    (b) One member who is not employed in the field of law enforcement and is not otherwise affiliated with the field of law enforcement.

    3.  The Senate Majority Leader shall appoint one member of the Senate as a nonvoting member of the Commission.

    4.  The Speaker of the Assembly shall appoint one member of the Assembly as a nonvoting member of the Commission.

    5.  Except for the initial members, the term of office of each member of the Commission who is a Legislator is 2 years and commences on July 1 of the year of appointment.

    6.  The Governor or his designee shall:

    (a) Serve as Chairman of the Commission; and

    (b) Appoint a member of the Commission to serve as Vice Chairman of the Commission.”.

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

    “Sec. 13.  (Deleted by amendment.)”.

    Amend the bill as a whole by adding a new section designated sec. 17.5, following sec. 17, to read as follows:

    “Sec. 17.5.  On or before February 15 of each year, the Governor shall:

    1.  Prepare a report setting forth:

    (a) The activities of the Commission; and

    (b) A description of any matters with respect to which the Commission held a closed meeting or closed a portion of a meeting, if any, accompanied by an explanation of the reasons why the Commission determined that the meeting or portion thereof needed to be closed; and

    2.  Submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to:

    (a) If the Legislature is in session, the standing committees of the Legislature which have jurisdiction of the subject matter; or

    (b) If the Legislature is not in session, the Legislative Commission.”.

    Amend sec. 21, page 8, by deleting lines 34 through 36 and inserting:

    “(f) Documents, records or other items of information regarding the infrastructure and security of frequencies for radio transmissions used by response agencies, including, without limitation:

        (1) Access codes, passwords or programs used to ensure the security of frequencies for radio transmissions used by response agencies;

        (2) Procedures and processes used to ensure the security of frequencies for radio transmissions used by response agencies; and

        (3) Plans used to reestablish security and service with respect to frequencies for radio transmissions used by response agencies after security has been breached or service has been interrupted.”.

    Amend the bill as a whole by adding a new section designated sec. 27.5, following sec. 27, to read as follows:

    “Sec. 27.5.  Chapter 242 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 3, records and portions of records that are assembled, maintained, overseen or prepared by the Department to mitigate, prevent or respond to acts of terrorism, the public disclosure of which would, in the determination of the Director, create a substantial likelihood of threatening the safety of the general public are confidential and not subject to inspection by the general public to the extent that such records and portions of records consist of or include:

    (a) Information regarding the infrastructure and security of information systems, including, without limitation:

        (1) Access codes, passwords and programs used to ensure the security of an information system;

        (2) Access codes used to ensure the security of software applications;

        (3) Procedures and processes used to ensure the security of an information system; and

        (4) Plans used to reestablish security and service with respect to an information system after security has been breached or service has been interrupted.

    (b) Assessments and plans that relate specifically and uniquely to the vulnerability of an information system or to the measures which will be taken to respond to such vulnerability, including, without limitation, any compiled underlying data necessary to prepare such assessments and plans.

    (c) The results of tests of the security of an information system, insofar as those results reveal specific vulnerabilities relative to the information system.

    2.  The Director shall maintain or cause to be maintained a list of each record or portion of a record that the Director has determined to be confidential pursuant to subsection 1. The list described in this subsection must be prepared and maintained so as to recognize the existence of each such record or portion of a record without revealing the contents thereof.

    3.  At least once each biennium, the Director shall review the list described in subsection 2 and shall, with respect to each record or portion of a record that the Director has determined to be confidential pursuant to subsection 1:

    (a) Determine that the record or portion of a record remains confidential in accordance with the criteria set forth in subsection 1;

    (b) Determine that the record or portion of a record is no longer confidential in accordance with the criteria set forth in subsection 1; or

    (c) If the Director determines that the record or portion of a record is obsolete, cause the record or portion of a record to be disposed of in the manner described in NRS 239.073 to 239.125, inclusive.

    4.  On or before February 15 of each year, the Director shall:

    (a) Prepare a report setting forth a detailed description of each record or portion of a record determined to be confidential pursuant to this section, if any, accompanied by an explanation of why each such record or portion of a record was determined to be confidential; and

    (b) Submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to:

        (1) If the Legislature is in session, the standing committees of the Legislature which have jurisdiction of the subject matter; or

        (2) If the Legislature is not in session, the Legislative Commission.

    5.  As used in this section, “act of terrorism” has the meaning ascribed to it in section 5 of this act.”.

    Amend sec. 30, page 15, lines 36 and 41, by deleting “2004,” and inserting “2005,”.

    Amend sec. 31, page 16, lines 12 and 17, by deleting “2004,” and inserting “2005,”.

    Amend the bill as a whole by deleting sec. 32 and adding:

    “Sec. 32.  (Deleted by amendment.)”.

    Amend the bill as a whole by deleting sec. 38 and adding:

    “Sec. 38.  (Deleted by amendment.)”.

    Amend sec. 39, page 25, by deleting lines 5 through 15 and inserting:

    “1.  The Senate Majority Leader shall appoint one member of the Senate to the Nevada Commission on Homeland Security pursuant to subsection 3 of section 12 of this act to a term that expires on June 30, 2005.

    2.  The Speaker of the Assembly shall appoint one member of the Assembly to the Nevada Commission on Homeland Security pursuant to subsection 4 of section 12 of this act to a term that expires on June 30, 2005.”.

    Amend sec. 40, page 25, line 20, after “inclusive,” by inserting “and 27.5”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to homeland security; creating the Nevada Commission on Homeland Security; setting forth the membership and duties of the Commission; providing certain exceptions to the open meeting law; requiring certain political subdivisions to adopt and maintain a response plan; establishing a plan for the continuation of state and local governmental operations; requiring certain utilities to conduct vulnerability assessments and to prepare emergency response plans; revising provisions relating to certain unlawful acts committed against utilities; requiring the Director of the Department of Information Technology to determine the confidentiality of certain records relating to the security of the State; providing for the confidentiality of certain documents, records and other information; imposing certain requirements for interoperability with respect to information and communication systems purchased by this state and local governments; requiring certain governmental entities to place automated external defibrillators in certain buildings and facilities; making various changes with respect to the authority of the Department of Motor Vehicles to accept and reject certain documents; increasing certain criminal penalties with respect to the fraudulent use of drivers’ licenses and identification cards; making an appropriation; providing penalties; and providing other matters properly relating thereto.”.

    Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 441.

    Remarks by Assemblyman Arberry.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

general file and third reading

    Senate Bill No. 497.

    Bill read third time.

    Remarks by Assemblymen Anderson, Weber, and Angle.

    Assemblywoman Angle requested that the following remarks be entered in the Journal.

    Assemblyman Anderson:

    Thank you, Mr. Speaker. Senate Bill 497 authorizes the Board of County Commissioners in a county whose population is as the Chief Clerk described. The bill clarifies that any proceeds or fees imposed on certain rental cars must be used solely to pay the cost to acquire, improve, equip, operate, and maintain a minor league baseball stadium in the County of Washoe. The measure notes that the board may not repeal, amend, or modify an ordinance imposing this fee in a manner that impairs any outstanding bond issue to incur by the county. In addition, the bill stipulates that the adoption ordinance must require the Board to enter into a contract with the Nevada Department of Taxation to perform all functions relative to collection and administration of the rental car fee. It further requires the Board of County Commissioners to create a stadium authorized to operate the minor league baseball stadium project. The authority must consist of one member of the Board, one member from the governing body of each city in the county whose population is 60,000 or more, and two persons appointed by the owner of any home team that is selected. The measure authorizes the Board of County Commissioners that has adopted the ordinance to set up a fee for rental cars to acquire, improve, equip, and maintain such a stadium. The bill further allows the revenue bonds to be payable from the proceeds of an addition to the rental car fee, with the general revenue from fees and rates charged from using the stadium to include parking, concessions, and ticket sales.

    Assemblywoman Weber:

    Thank you, Mr. Speaker. To avoid the appearance of impropriety I will abstain from this vote, as my sister-in-law is a Washoe County Commissioner.

    Assemblywoman Angle:

    Thank you, Mr. Speaker. I have deep concerns about this bill, but during the hearings I was promised by the proponents that they would protect the taxpayers’ interests in Washoe County by making those provisions within the contracts, therefore I will be supporting this bill. Thank you, Mr. Speaker.

    Conflict of interest declared by Assemblywoman Weber.

    Roll call on Senate Bill No. 497:

    Yeas—41.

    Nays—None.

    Not    Voting—Weber.

    Senate Bill No. 497 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Senate Bill No. 306 be taken from its position on the General File and placed at the top of the General File.

    Motion carried.

general file and third reading

    Senate Bill No. 306.

    Bill read third time.

    The following amendment was proposed by the Committee on
Ways and Means:

    Amendment No. 1015.

    Amend sec. 3, page 2, by deleting line 23 and inserting:

    “Sec. 3.  This act becomes effective on July 1, 2003, and expires by limitation on June 30, 2005.”.

    Amend the title of the bill, first line, after “Guard;” by inserting “temporarily”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Temporarily revises provisions governing educational benefits provided to members of Nevada National Guard. (BDR 36‑991)”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

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

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 10:19 p.m.

   


ASSEMBLY IN SESSION

    At 11:42 p.m.

    Mr. Speaker presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Oceguera moved that Senate Bills Nos. 355, 471, and 447 be taken from the Chief Clerk’s desk and placed on the General File.

    Motion carried.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 370, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA41, which is attached to and hereby made a part of this report.

 

David Goldwater

Dean A. Rhoads

Josh Griffin

Ann O’Connell

David Parks

Bob Coffin

Assembly Conference Committee

Senate Conference Committee

    Conference Amendment No. CA41.

    Amend the bill as a whole by deleting sections 1 through 20 and adding new sections designated sections 1 through 19, following the enacting clause, to read as follows:

    “Section 1.  Chapter 375 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  In addition to all other taxes imposed on transfers of real property, the board of county commissioners of a county whose population is less than 400,000 may impose a tax at the rate of up to 5 cents for each $500 of value, or fraction thereof, on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, if the consideration or value of the interest or property conveyed exceeds $100.

    2.  The amount of the tax must be computed on the basis of the value of the transferred real property as declared pursuant to NRS 375.060.

    3.  The county recorder shall collect the tax in the manner provided in NRS 375.030, except that he shall transmit all the proceeds from the tax imposed pursuant to this section to the State Treasurer for use in the Plant Industry Program as required by NRS 561.355.

    Sec. 2.  NRS 375.018 is hereby amended to read as follows:

    375.018  With regard to the administration of [the real property transfer tax,] any tax imposed by this chapter, the county recorder shall apply the following principles:

    1.  Forms, instructions and regulations governing the computation of the amount of tax due must be brief and easily understood.

    2.  In cases where another authority, such as the United States or this state, also imposes a tax upon the same property or revenue, the mechanism for collecting the tax imposed by the county must be as nearly compatible with the collection of the other taxes as is feasible.

    3.  Unless a change is made necessary by statute or to preserve compatibility with a tax imposed by another authority, the forms, instructions and regulations must remain the same from year to year, to make the taxpayer’s liability as predictable as is feasible.

    4.  Exemptions or waivers, where permitted by statute, must be granted:

    (a) Equitably among eligible taxpayers; and

    (b) As sparingly as is consistent with the legislative intent, to retain the broadest feasible base for the tax.

    Sec. 3.  NRS 375.030 is hereby amended to read as follows:

    375.030  1.  If any deed evidencing a transfer of title subject to the tax imposed by NRS 375.020 and, if applicable, NRS 375.025 [,] and section 1 of this act, is offered for recordation, the county recorder shall compute the amount of the tax due and shall collect that amount before acceptance of the deed for recordation.

    2.  The buyer and seller are jointly and severally liable for the payment of the taxes imposed by NRS 375.020 and 375.025 and section 1 of this act and any penalties and interest imposed pursuant to subsection 3. The escrow holder is not liable for the payment of the taxes imposed by NRS 375.020 and 375.025 and section 1 of this act or any penalties or interest imposed pursuant to subsection 3.

    3.  If after recordation of the deed, the county recorder disallows an exemption that was claimed at the time the deed was recorded or through audit or otherwise determines that an additional amount of tax is due, the county recorder shall promptly notify the person who requested the recording of the deed and the buyer and seller of the additional amount of tax due. If the additional amount of tax is not paid within 30 days after the date the buyer and seller are notified, the county recorder shall impose a penalty of
10 percent of the additional amount due in addition to interest at the rate of
1 percent per month, or portion thereof, of the additional amount due calculated from the date of the original recordation of the deed on which the additional amount is due through the date on which the additional amount due, penalty and interest are paid to the county recorder.

    4.  This section does not prohibit a buyer and seller from agreeing by contract or otherwise that one party or the other will be responsible for the payment of the tax due pursuant to this chapter, but such an agreement does not affect the ability of the county recorder to collect the tax and any penalties and interest from either the buyer or the seller.

    Sec. 4.  NRS 375.070 is hereby amended to read as follows:

    375.070  1.  The county recorder shall transmit the proceeds of the [real property transfer] tax imposed by NRS 375.020 at the end of each quarter in the following manner:

    (a) An amount equal to that portion of the proceeds which is equivalent to 10 cents for each $500 of value or fraction thereof must be transmitted to the State Controller who shall deposit that amount in the Account for Low-Income Housing created pursuant to NRS 319.500.

    (b) In a county whose population is more than 400,000, an amount equal to that portion of the proceeds which is equivalent to 60 cents for each $500 of value or fraction thereof must be transmitted to the county treasurer for deposit in the county school district’s fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

    (c) The remaining proceeds must be transmitted to the State Controller for deposit in the Local Government Tax Distribution Account created by
NRS 360.660 for credit to the respective accounts of Carson City and each county.

    2.  In addition to any other authorized use of the proceeds it receives pursuant to subsection 1, a county or city may use the proceeds to pay expenses related to or incurred for the development of affordable housing for families whose income does not exceed 80 percent of the median income for families residing in the same county, as that percentage is defined by the United States Department of Housing and Urban Development. A county or city that uses the proceeds in that manner must give priority to the development of affordable housing for persons who are disabled or elderly.

    3.  The expenses authorized by subsection 2 include, but are not limited to:

    (a) The costs to acquire land and developmental rights;

    (b) Related predevelopment expenses;

    (c) The costs to develop the land, including the payment of related rebates;

    (d) Contributions toward down payments made for the purchase of affordable housing; and

    (e) The creation of related trust funds.

    Sec. 5.  NRS 375.090 is hereby amended to read as follows:

    375.090  The [tax] taxes imposed by NRS 375.020 and 375.025 [does] and section 1 of this act do not apply to:

    1.  A mere change in identity, form or place of organization, such as a transfer between a corporation and its parent corporation, a subsidiary or an affiliated corporation if the affiliated corporation has identical common ownership.

    2.  A transfer of title to the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.

    3.  A transfer of title recognizing the true status of ownership of the real property.

    4.  A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.

    5.  A transfer of title to community property without consideration when held in the name of one spouse to both spouses as joint tenants or tenants in common, or as community property.

    6.  A transfer of title between spouses, including gifts.

    7.  A transfer of title between spouses to effect a property settlement agreement or between former spouses in compliance with a decree of divorce.

    8.  A transfer of title to or from a trust, if the transfer is made without consideration, and is made to or from:

    (a) The trustor of the trust;

    (b) The trustor’s legal representative; or

    (c) A person related to the trustor in the first degree of consanguinity.

As used in this subsection, “legal representative” has the meaning ascribed to it in NRS 167.020.

    9.  Transfers, assignments or conveyances of unpatented mines or mining claims.

    10.  A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.

    11.  A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of consanguinity.

    12.  The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:

    (a) Confirmed under the Bankruptcy Act, as amended, 11 U.S.C. §§ 101
et seq.;

    (b) Approved in an equity receivership proceeding involving a railroad, as defined in the Bankruptcy Act; or

    (c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act, if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.

    13.  The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:

    (a) The order of the Securities and Exchange Commission in obedience to which the transfer or conveyance is made recites that the transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;

    (b) The order specifies and itemizes the property which is ordered to be transferred or conveyed; and

    (c) The transfer or conveyance is made in obedience to the order.

    14.  A transfer to an educational foundation. As used in this subsection, “educational foundation” has the meaning ascribed to it in subsection 3
of NRS 388.750.

    15.  A transfer to a university foundation. As used in this subsection, “university foundation” has the meaning ascribed to it in subsection 3
of NRS 396.405.

    16.  A transfer, assignment or other conveyance of real property to a corporation sole from another corporation sole. As used in this subsection, “corporation sole” means a corporation which is organized pursuant to the provisions of chapter 84 of NRS.

    Sec. 6.  NRS 375.120 is hereby amended to read as follows:

    375.120  The county recorder shall:

    1.  Conduct and apply audits and other procedures for enforcement as uniformly as is feasible.

    2.  Collect [real property transfer] any tax that is due pursuant to the provisions of this chapter in an equitable manner, so that every taxpayer pays the full amount imposed by law.

    Sec. 7.  NRS 375.130 is hereby amended to read as follows:

    375.130  1.  The county recorder may audit all records relating to the collection and calculation of [the real property transfer tax.] any tax imposed by this chapter. If the county recorder deems it necessary to conduct an audit, the audit must be completed within 3 years after the date of the original recording of the document that evidences the transfer of property for which the tax was imposed.

    2.  The county recorder may issue subpoenas to require the production of documents necessary for him to determine the amount of [real property transfer] the tax due pursuant to this chapter or to determine whether a person qualifies for an exemption from taxes pursuant to this chapter. The county recorder may have the subpoenas served, and upon application of the district attorney, to any court of competent jurisdiction, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.

    Sec. 8.  NRS 375.160 is hereby amended to read as follows:

    375.160  1.  If any [real property transfer] tax imposed pursuant to this chapter is not paid when due, the county may, within 3 years after the date that the tax was due, record a certificate in the office of the county recorder which states:

    (a) The amount of the [real property transfer] tax and any interest or penalties due;

    (b) The name and address of the person who is liable for the amount due as they appear on the records of the county; and

    (c) That the county recorder has complied with all procedures required by law for determining the amount due.

    2.  From the time of the recording of the certificate, the amount due, including interest and penalties, constitutes:

    (a) A lien upon the real property for which the tax was due if the person who owes the tax still owns the property; or

    (b) A demand for payment if the property has been sold or otherwise transferred to another person.

    3.  The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the recording of the certificate unless sooner released or otherwise discharged.

    4.  Within 5 years after the date of recording the certificate or within
5 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording a new certificate in the office of the county recorder. From the time of recording the new certificate, the lien is extended for 5 years, unless sooner released or otherwise discharged.

    Sec. 9.  NRS 375.170 is hereby amended to read as follows:

    375.170  1.  If a person is delinquent in the payment of [the real property transfer] any tax imposed by this chapter or has not paid the amount of a deficiency determination, the county may bring an action in a court of this state, a court of any other state or a court of the United States that has competent jurisdiction to collect the delinquent or deficient amount, penalties and interest. The action:

    (a) May not be brought if the decision that the payment is delinquent or that there is a deficiency determination is on appeal to a hearing officer pursuant to NRS 375.320.

    (b) Must be brought not later than 3 years after the payment became delinquent or the determination became final.

    2.  The district attorney shall prosecute the action. The provisions of the Nevada Revised Statutes, Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings. In the action, a writ of attachment may issue. A bond or affidavit is not required before an attachment may be issued.

    3.  In an action, a certificate by the county recorder showing the delinquency is prima facie evidence of:

    (a) The determination of the tax or the amount of the tax;

    (b) The delinquency of the amounts; and

    (c) The compliance by the county recorder with all the procedures required by law relating to the computation and determination of the amounts.

    Sec. 10.  NRS 375.250 is hereby amended to read as follows:

    375.250  1.  The Legislature hereby declares that each taxpayer has the right:

    (a) To be treated by officers and employees of the county recorder with courtesy, fairness, uniformity, consistency and common sense.

    (b) To a prompt response from the county recorder to each communication from the taxpayer.

    (c) To provide the minimum documentation and other information as may reasonably be required by the county recorder to carry out his duties.

    (d) To be notified, in writing, by the county recorder whenever an officer or employee of the county recorder determines that the taxpayer is entitled to an exemption or has been taxed more than is required pursuant to this chapter.

    (e) To written instructions indicating how the taxpayer may petition for a refund for overpayment of [real property transfer] any tax, interest or penalties.

    (f) To recover an overpayment of [real property transfer] any tax promptly upon the final determination of such an overpayment.

    (g) To obtain specific advice from the county recorder concerning [real property transfer] any tax.

    (h) In any meeting with the county recorder, including an audit, conference, interview or hearing:

        (1) To an explanation by an officer, agent or employee of the county recorder that describes the procedures to be followed and the rights of the taxpayer thereunder;

        (2) To be represented by himself or anyone who is otherwise authorized by law to represent him before the county recorder;

        (3) To make an audio recording using the taxpayer’s equipment and at the taxpayer’s expense; and

        (4) To receive a copy of any document or audio recording made by or in the possession of the county recorder relating to the determination or collection of any tax for which the taxpayer is assessed pursuant to this chapter, upon payment of the actual cost to the county recorder of making the copy.

    (i) To a full explanation of the authority of the county recorder to collect the [real property transfer] tax or to collect a delinquent [real property transfer] tax, including, without limitation, the procedures and notices for review and appeal that are required for the protection of the taxpayer. An explanation which meets the requirements of this section must also be included with each notice to a taxpayer that an audit will be conducted by the county.

    (j) To the immediate release of any lien which the county recorder has placed on real property for the nonpayment of [the real property transfer] a tax when:

        (1) The tax is paid;

        (2) The period of limitation for collecting the tax expires;

        (3) The lien is the result of an error by the county recorder;

        (4) The county recorder determines that the taxes, interest and penalties are secured sufficiently by a lien on other real property;

        (5) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties; or

        (6) The release of the lien will facilitate the collection of the taxes, interest and penalties.

    (k) To be free from harassment and intimidation by an officer or employee of the county recorder for any reason.

    2.  The provisions of this chapter governing the administration and collection of taxes by the county recorder must not be construed in such a manner as to interfere or conflict with the provisions of this section or any applicable regulations.

    3.  The provisions of this section apply to the administration and collection of taxes pursuant to this chapter.

    Sec. 11.  NRS 375.270 is hereby amended to read as follows:

    375.270  The county recorder shall provide each taxpayer who it determines may be liable for taxes pursuant to this chapter with simplified written instructions concerning the rights and responsibilities of the taxpayer, including the:

    1.  Keeping of records sufficient for audit purposes;

    2.  Procedures for paying [the real property transfer tax;] any taxes that are due; and

    3.  Procedures for challenging any liability for [real property transfer] any tax, penalties or interest and for requesting refunds of any erroneously paid [real property transfer] tax, including the steps for appealing a denial thereof.

    Sec. 12.  NRS 375.290 is hereby amended to read as follows:

    375.290  A taxpayer is entitled to receive on any overpayment of [the real property transfer] any tax imposed by this chapter a refund together with interest at a rate determined pursuant to NRS 17.130. No interest is allowed on a refund of any penalties or interest on the [real property transfer] tax that is paid by a taxpayer.

    Sec. 13.  NRS 375.300 is hereby amended to read as follows:

    375.300  The county recorder shall provide a taxpayer with a response to any written request submitted by the taxpayer that relates to a [real property transfer] tax imposed by this chapter within 30 days after the county treasurer receives the request.

    Sec. 14.  NRS 375.330 is hereby amended to read as follows:

    375.330  1.  The county recorder may waive any [real property transfer] tax, penalty and interest owed by the taxpayer pursuant to this chapter if the taxpayer meets the criteria adopted by regulation. If a waiver is granted pursuant to this subsection, the county shall prepare and maintain on file a statement that contains:

    (a) The reason for the waiver;

    (b) The amount of the tax, penalty and interest owed by the taxpayer; and

    (c) The amount of the tax, penalty and interest waived by the county.

    2.  If the county recorder or a designated hearing officer finds that the failure of a person to make a timely payment of [the real property transfer] any tax imposed is the result of circumstances beyond his control and occurred despite the exercise of ordinary care and without intent to avoid such payment, the county recorder may relieve him of all or part of any interest or penalty or both.

    3.  If a person proves to the satisfaction of the county recorder that he has in good faith remitted the [real property transfer] tax in reliance upon written advice provided by an officer or employee of the county recorder, an opinion of the district attorney or Attorney General, or the written results of an audit of his records conducted by the county recorder, the county recorder may not require the taxpayer to pay delinquent taxes, penalties or interest if the county recorder determines after the completion of a subsequent audit that the taxes the taxpayer remitted were deficient.

    Sec. 15.  Chapter 226 is hereby amended by adding thereto a new section to read as follows:

    There is hereby created an account for the rebate of the governmental services tax to senior citizens within the State General Fund. The State Treasurer shall administer the account.

    Sec. 16.  NRS 388.750 is hereby amended to read as follows:

    388.750  1.  An educational foundation:

    (a) Shall comply with the provisions of chapter 241 of NRS;

    (b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010; and

    (c) Is exempt from the [tax on transfers of real property] taxes imposed by NRS 375.020 and 375.025 and section 1 of this act pursuant to subsection 14 of NRS 375.090.

    2.  An educational foundation is not required to disclose the names of the contributors to the foundation or the amount of their contributions. The educational foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.

    3.  As used in this section, “educational foundation” means a nonprofit corporation, association or institution or a charitable organization that is:

    (a) Organized and operated exclusively for the purpose of supporting one or more kindergartens, elementary schools, junior high or middle schools or high schools, or any combination thereof;

    (b) Formed pursuant to the laws of this state; and

    (c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

    Sec. 17.  NRS 396.405 is hereby amended to read as follows:

    396.405  1.  A university foundation:

    (a) Shall comply with the provisions of chapter 241 of NRS;

    (b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010;

    (c) Is exempt from the [tax on transfers of real property] taxes imposed by NRS 375.020 and 375.025 and section 1 of this act pursuant to subsection [14] 15 of NRS 375.090; and

    (d) May allow a president or an administrator of the university or community college which it supports to serve as a member of its governing body.

    2.  A university foundation is not required to disclose the name of any contributor or potential contributor to the university foundation, the amount of his contribution or any information which may reveal or lead to the discovery of his identity. The university foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.

    3.  As used in this section, “university foundation” means a nonprofit corporation, association or institution or a charitable organization that is:

    (a) Organized and operated exclusively for the purpose of supporting a university or a community college;

    (b) Formed pursuant to the laws of this state; and

    (c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

    Sec. 18.  NRS 561.355 is hereby amended to read as follows:

    561.355  1.  The Plant Industry Program is hereby established.

    2.  The following fees and money must be used in the Plant Industry Program:

    (a) Fees and money collected pursuant to the provisions of chapters 552, 555, 581, 582 and 587 of NRS.

    (b) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of bees, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of chapter 552 of NRS.

    (c) Laboratory fees collected for the diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of chapter 554 of NRS . [554.010 to 554.240, inclusive.]

    (d) Laboratory fees collected for the survey and identification of insect pests, plant diseases and noxious weeds, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of NRS 555.005 to 555.249, inclusive.

    (e) Laboratory fees collected for the testing of the purity and germinating power of agricultural seeds, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of NRS 587.015 to 587.123, inclusive.

    (f) Money received from a tax on the transfer of real property imposed pursuant to section 1 of this act.

    3.  Expenditures for the Plant Industry Program must be made only for the purposes of carrying out the provisions of this chapter and chapters 552, 554, 555, 581, 582 and 587 of NRS.

    4.  The money credited to the Program pursuant to section 1 of this act must be allocated for disbursement to each county in proportion to the amount of money collected in that county and must only be used:

    (a) By the Department for programs on the exclusion, detection and control of:

        (1) Invasive species; and

        (2) Endemic pests and weeds designated by the Director; and

    (b) For grants to local governments and nonprofit organizations for the control or management of such species, pests and weeds.

    5.  Not later than 30 days after the beginning of each fiscal year, the Department shall present to each board of county commissioners for approval by each such board proposed programs for the exclusion, detection and control of invasive species and endemic pests and weeds designated by the Director that involve cooperative action between the Department and the county.

    6.  As used in this section:

    (a) “Invasive species” means any living organism not native to this state that may present a threat to the economy, environment or public health of this state.

    (b) “Local government” has the meaning ascribed to it in NRS 237.050.

    Sec. 19.  This act becomes effective on July 1, 2003.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to taxation; authorizing the board of county commissioners of certain counties to impose an additional tax on the transfer of real property; requiring the proceeds of the tax to be used for the control of invasive species and certain endemic pests and weeds; creating an account for the rebate of the governmental services tax to senior citizens; requiring the State Department of Agriculture to present annually to each board of county commissioners proposed programs for the control of such species, pests and weeds; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

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

    Assemblyman Oceguera moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 370.

    Remarks by Assemblyman Oceguera.

    Motion carried by a constitutional majority.

Mr. Speaker:

    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(s) of the Assembly be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA22, which is attached to and hereby made a part of this report.

Barbara Buckley

Valerie Wiener

David Brown

Mark E. Amodei

Marcus Conklin

Terry Care

Assembly Conference Committee

Senate Conference Committee

   


    Conference Amendment No. CA22.

    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;

    (c) Maintaining accounts in banks or credit unions;

    (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:

    (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 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;

    (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:

    (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 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. 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. 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.”.

    Assemblyman Oceguera moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 436.

    Remarks by Assemblyman Oceguera.

    Motion carried by a two-thirds constitutional majority.

Mr. Speaker:

    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(s) of the Assembly be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA24, which is attached to and hereby made a part of this report.

Mark Manendo

Warren B. Hardy

Ellen Koivisto

Dean A. Rhoads

Garn Mabey

Valerie Wiener

Assembly Conference Committee

Senate Conference Committee

    Conference Amendment No. CA24.

    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.”.

    Assemblyman Oceguera moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 59.

    Remarks by Assemblyman Oceguera.

    Motion carried by a constitutional majority.

general file and third reading

    Senate Bill No. 132.

    Bill read third time.

    Remarks by Assemblyman Geddes.

    Roll call on Senate Bill No. 132:

    Yeas—23.

    Nays—Andonov, Beers, Brown, Carpenter, Christensen, Collins, Geddes, Gibbons, Goicoechea, Grady, Gustavson, Hettrick, Knecht, Mabey, Marvel, Ohrenschall, Sherer, Weber—18.

    Excused—Angle.

    Senate Bill No. 132 having failed to receive a two-thirds majority,
Mr. Speaker declared it lost.

    Senate Bill No. 292.

    Bill read third time.

    Roll call on Senate Bill No. 292:

    Yeas—42.

    Nays—None.

    Senate Bill No. 292 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 507.

    Bill read third time.

    Roll call on Senate Bill No. 507:

    Yeas—29.

    Nays—Andonov, Angle, Beers, Brown, Christensen, Gibbons, Grady, Gustavson, Hettrick, Knecht, Mabey, Sherer, Weber—13.

    Senate Bill No. 507 having received a two-thirds majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 355.

    Bill read third time.

    Remarks by Assemblywoman Chowning.

    Roll call on Senate Bill No. 355:

    Yeas—42.

    Nays—None.

    Senate Bill No. 355 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 447.

    Bill read third time.

    Remarks by Assemblywoman Giunchigliani.

    Assemblywoman Giunchigliani requested that her remarks be entered in the Journal.

    Assemblywoman Giunchigliani:

    Thank you, Mr. Speaker. On page 8, Section 6, the definition of public money was intended to exclude the Public Employees’ Retirement System of Nevada fund. We have an Attorney General’s opinion that they should not be counted in that, but we weren’t exactly sure what the language exactly did, so we wanted to note this for the record.  Thank you.

    Roll call on Senate Bill No. 447:

    Yeas—42.

    Nays—None.

    Senate Bill No. 447 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 471.

    Bill read third time.

    Roll call on Senate Bill No. 471:

    Yeas—33.

    Nays—Andonov, Angle, Beers, Brown, Buckley, Carpenter, Gibbons, Gustavson, Ohrenschall—9.

    Senate Bill No. 471 having received a two-thirds majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that all rules be suspended and that Senate Bill No. 3 just returned from the printer, be declared an emergency measure under the Constitution and placed on the General File.

    Motion carried.

    Assemblywoman Buckley moved that all rules be suspended and that Senate Bill No. 306 just returned from the printer, be declared an emergency measure under the Constitution and placed on the General File            

    Motion carried.

general file and third reading

    Senate Bill No. 3.

    Bill read third time.

    Roll call on Senate Bill No. 3:

    Yeas—42.

    Nays—None.

    Senate Bill No. 3 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 306.

    Bill read third time.

    Roll call on Senate Bill No. 306:

    Yeas—42.

    Nays—None.

    Senate Bill No. 306 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 553.

    Bill read third time.

    Roll call on Assembly Bill No. 553:

    Yeas—24.

    Nays—Anderson, Andonov, Angle, Beers, Brown, Carpenter, Christensen, Gibbons, Goicoechea, Grady, Gustavson, Hardy, Hettrick, Knecht, Mabey, Marvel, Sherer, Weber—18.

    Assembly Bill No. 553 having received a constitutional majority,
Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 11:57 p.m.

ASSEMBLY IN SESSION

    At 12:55 a.m.

    Mr. Speaker presiding.

    Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Ways and Means, to which was re-referred Senate Bill No. 249, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

    Senate Chamber, Carson City, June 2, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed
Assembly Bills Nos. 203, 552.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 460, Amendment No. 1014, and respectfully requests your honorable body to concur in said amendment.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 32.

    Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 985 to Senate Bill No. 210; Assembly Amendment No. 987 to Senate Bill No. 250; Assembly Amendment No. 977 to Senate Bill No. 499.

    Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Rawson, Mathews and Rhoads as a first Conference Committee concerning
Senate Bill No. 258.

    Also, I have the honor to inform your honorable body that the Senate on this day refused to adopt the report of the first Conference Committee concerning Senate Bill No. 97.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 432; Assembly Bills
Nos. 23, 232, 249, 250.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Chamber, Carson City, June 3, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed
Assembly Bills Nos. 474, 482, 553, 555.

    Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 1009 to Senate Bill No. 3; Assembly Amendment No. 992 to Senate Bill No. 292; Assembly Amendment No. 922 to Senate Bill No. 400.

    Also, I have the honor to inform your honorable body that the Senate on this day refused to adopt the report of the first Conference Committee concerning Assembly Bill No. 163.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the second Conference Committee concerning Senate Bill No. 229.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 258.

Mary Jo Mongelli

Assistant Secretary of the Senate

 


general file and third reading

    Senate Bill No. 249.

    Bill read second time.

    The following amendment was proposed by the Committee on
Ways and Means:

    Amendment No. 1039.

    Amend sec. 3, page 1, by deleting lines 8 and 9 and inserting: “consisting of 9 members appointed by the Legislative Commission, is hereby created. Appointments to the Commission must be made from a list of persons recommended to the Legislative Commission by organizations and other entities which represent or promote the interests of minority groups in this state.”.

    Amend sec. 3, page 1, line 11, by deleting “groups.” and inserting: “groups that reflects the general population of this state.”.

    Amend sec. 3, page 2, by deleting lines 1 through 8 and inserting:

    “3.  The members of the Commission shall elect a Chairman and a Vice Chairman from among its members.

    4.  The term of office of the Chairman and the Vice Chairman is
2 years.
”.

    Amend sec. 4, page 2, line 12, by deleting “3” and inserting “2”.

    Amend sec. 4, page 2, line 17, by deleting “Governor.” and inserting “Legislative Commission.”.

    Amend sec. 7, page 2, by deleting lines 40 through 42 and inserting:

    “3.  Study the:

    (a) Availability of employment for minorities in this state, and the manner in which minorities are employed;

    (b) Manner in which minorities can be encouraged to start and manage their own businesses successfully; and

    (c) Availability of affordable housing for minorities;”.

    Amend sec. 11, page 3, line 29, by deleting “Governor” and inserting “Legislative Commission”.

    Amend sec. 11, page 3, line 32, by deleting “Four” and inserting “Five”.

    Amend sec. 11, page 3, by deleting line 33.

    Amend sec. 12, page 3, line 34, by deleting “2003.” and inserting: “2003, and expires by limitation on June 30, 2007.”.

    Amend the title of the bill, first and second lines, by deleting: “the Executive Department of State Government;” and inserting “minority groups;”.

    Assemblyman Williams moved the adoption of the amendment.

    Remarks by Assemblyman Williams.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.


MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that all rules be suspended and the reprinting of Senate Bill No. 249 be dispensed with and the bill be placed on third reading and final passage.

    Motion carried unanimously.

general file and third reading

    Senate Bill No. 249.

    Bill read third time.

    Roll call on Senate Bill No. 249:

    Yeas—35.

    Nays—Angle, Gustavson, Hettrick—3.

    Not    Voting—Gibbons.

    Absent—Collins, Giunchigliani, Goldwater—3.

    Senate Bill No. 249 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

REMARKS FROM THE FLOOR

    Assemblywoman Buckley requested that her remarks be entered in the Journal.

    Thank you, Mr. Speaker. Harry Emerson Fosdick said, “Democracy is based upon the conviction that there are extraordinary possibilities in ordinary people.”  This Body is proof of that. Every two years, 42 ordinary people leave family, friends, and jobs to come to this building to conduct the people’s business. We pride ourselves in being the people’s House, mirroring the spirit and independence of Nevadans. We are teachers, ranchers, business people, doctors, lawyers, or ordinary people, yet we’ve been given an extraordinary opportunity to serve. Each and every citizen in this State will be affected by something that someone in this Body did in this session.

    It’s easy to forget, with this very sloppy ending to a Legislative Session, some of the things we did do.

    We completed the integration of Child Welfare Services to better serve abused children. We now have a statewide Amber Alert System so that law enforcement has the tools they need to find missing children before it’s too late. We looked out for school children. We improved accountability measures, improved school discipline problems, we continued a program to replace old crumbling schools, and as always, we continued our work to keep classrooms small, to recruit and retain the best possible teachers, and to provide our schools the textbooks and materials they need. We looked out for homeowners. After a couple of unsuccessful sessions, we finally passed some landmark construction defect legislation in an effort to try to serve people who are trying to get their homes fixed while avoiding lawsuits. We looked out for consumers. We passed a significant no-call registry to keep telemarketers from bothering people at home with unwanted calls. We added protections for people buying rebuilt wrecks, or getting a home loan. We enacted insurance reforms. In the wake of the Enron and WorldCom scandals we enacted new protections against corporate fraud. We looked out for public safety. We enacted anti-terrorism legislation and new offenses that will lock up individuals who commit sex crimes against our children. We enacted additional penalties for identity theft and strengthened our domestic violence laws.

    We looked out for the sick and injured by making critical reforms to our health care system. We provided new hope for cancer patients. We allowed patients of managed care organizations a new way to get independent review of denials of care by HMOs. We made some critical reforms to medical malpractice insurance and improved Senior Rx by doubling the number of seniors who could get prescription drugs for the first time, helping individuals with disabilities to get prescription drugs, all without a new cent of General Fund dollars by taking advantage of a new federal Medicaid Waiver Program. We looked out for our senior citizens. In addition to being benefited by no longer having to be bothered by telemarketing calls, we created a prescription help desk, we added penalties for abuse and exploitation of seniors, we provided for increased training for those with Alzheimer’s.

    Mr. Speaker, we worked through holidays, weekends, and exhaustion. We celebrated lots of different events while we were here. We have been inspired especially by the energy and enthusiasm of our freshman class. Whether Democratic or Republican, we have had the best group of freshmen that this Body has seen in years, and we thank all of you for your sacrifice and for joining us in an effort every day to do all we can while we are here to make Nevada a better place.

    The accomplishments of our freshman class are to be commended, and the people of Nevada should have great confidence in this Body’s next generation of leadership.

    Each time I step into this Chamber, I am honored and privileged and awed to think that I had an opportunity to serve here. I don’t think there is any other place in the country where someone who has no contacts with anyone in a political structure gets into office. They don’t only get into office because they know someone—Nevada is not like that. People who are not anointed can run and serve in the Assembly. That is why our Assembly benefits so much from the experiences that so many different people bring to this Body.

    Despite the challenges that we face as we end this session and start the Special Session, I don’t think we should overlook the hard work that has been done and the great number of bills that have been enacted with contributions from every single person in this Chamber. When I created a list of some of the bills that we had passed this session, I was so impressed, whether it was child welfare, consumer protection, or crime. I had ten pages of bills, and in all my other sessions, I didn’t have as many accomplishments in so many areas, and I hope that others aren’t overshadowed. Perhaps they’ll give us inspiration as we go forward with our Special Session.

    Nevada is facing some special challenges, and we need to decide now what kind of State we want to be. In almost all of the bills that we consider in this Legislative Body, 95 percent of them are not partisan. They’re done with an effort in making a law or process better in our State, and I hope we can remember all of these experiences with these bills as we move into the Special Session and put aside our differences and do what’s right for the people of the state of Nevada as we did with so many important measures during this Legislative Session.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 78, 114, 240, 284, 358, 388 and 533; Senate Bills Nos. 34, 372, 420 and 460; Senate Concurrent Resolutions Nos. 13 and 31.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Nancy M. Saitta.

    On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Lora Mair.

    On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Chris Driscoll.


MOTIONS, RESOLUTIONS AND NOTICES

    Mr. Speaker appointed Assemblymen Buckley, Hettrick, and Oceguera as a committee to wait upon His Excellency, Governor Kenny Guinn, Governor of the State of Nevada, and to inform him that the Assembly was ready to adjourn sine die.

    Mr. Speaker appointed Assemblymen Arberry, Griffin, and Anderson as a committee to wait upon the Senate and to inform that honorable body that the Assembly was ready to adjourn sine die.

    A committee from the Senate, consisting of Senators Cegavske, Nolan, and Wiener, appeared before the Bar of the Assembly and announced that the Senate was ready to adjourn sine die.

    Assemblyman Arberry reported that his committee had informed the Senate that the Assembly was ready to adjourn sine die.

    Assemblywoman Buckley reported that her committee had informed the Governor that the Assembly was ready to adjourn sine die.

    Assemblywoman Buckley moved that the Seventy Second Session of the Assembly of the Legislature of the State of Nevada adjourn sine die.

    Motion carried.

    Assembly adjourned at 1:25 a.m.

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                Chief Clerk of the Assembly