THE SEVENTY-EIGHTH DAY

                               

Carson City April 21, 2003

    Senate called to order at 10:47 a.m.

    President Hunt presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Pastor Brian Cuthill.

    Heavenly Father, as the Senate begins another week of work on behalf of the people of Nevada, we pray that this leadership team can move forward with clarity and direction of behalf of our State. As You have instructed us to pray for wisdom, we pray for wisdom, today, in all that is considered before this body. We pray that decisions can be made that will provide our citizens a sense of community and a place where they can become all that God would want them to be. Father, may Your will be done here, today. We pray in Your Name.

Amen.

    Pledge of allegiance to the Flag.

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

    Motion carried.

REPORTS OF COMMITTEES

Madam President:

    Your Committee on Commerce and Labor, to which were referred Senate Bills Nos. 27, 131, 139, 193, 319, 351, 371, 373, 425, 426, 428, 429, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Randolph J. Townsend, Chairman

Madam President:

    Your Committee on Government Affairs, to which were referred Senate Bills Nos. 19, 114, 147, 175, 447, 448, 453, 491, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell, Chairman

Madam President:

    Your Committee on Human Resources and Facilities, to which were referred Senate Bills Nos. 156, 289, 332, 411, 457, 460, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond D. Rawson, Chairman

Madam President:

    Your Committee on Judiciary, to which was referred Senate Bill No. 264, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark E. Amodei, Chairman

Madam President:

    Your Committee on Legislative Affairs and Operations, to which was referred Senate Concurrent Resolution No. 26, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.

Maurice E. Washington, Chairman

Madam President:

    Your Committee on Natural Resources, to which were referred Senate Bills Nos. 76, 127, 336, 485; Senate Joint Resolutions Nos. 3, 4, 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 Natural Resources, to which was referred Senate Concurrent Resolution No. 7, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.

Dean A. Rhoads, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 18, 2003

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 3, 122, 156, 192, 234, 245, 256, 262, 274, 285, 323, 346, 378, 395, 445, 458, 507, 536.

    Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 417, Amendment No. 483, and respectfully requests your honorable body to concur in said amendment.

Diane Keetch

Assistant Chief Clerk of the Assembly

WAIVERS AND EXEMPTIONS

Notice of Exemption

April 21, 2003

    The Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has determined the exemption of Senate Bill No. 106.

Gary Ghiggeri

Fiscal Analysis Division

MOTIONS, RESOLUTIONS AND NOTICES

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

    Remarks by Senator Raggio.

    Motion carried.

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

    Remarks by Senator Raggio.

    Motion carried.

    Senator Amodei moved that Senate Bill No. 106 be taken from the General File and re-referred to the Committee on Finance.

    Remarks by Senator Amodei.

    Motion carried.

    Senator McGinness moved that Senate Bill No. 464 be taken from the General File and re-referred to the Committee on Finance.

    Remarks by Senator McGinness.

    Motion carried.

    Senator Tiffany moved that Senate Bill No. 354 be taken from the General File and placed on the General File for the next legislative day.

    Remarks by Senator Tiffany.

    Motion carried.

    Senator Townsend moved that Senate Bills Nos. 100, 132 be taken from the General File and re-referred to the Committee on Finance.

    Remarks by Senator Townsend.

    Motion carried.

    Senator Washington moved that Senate Bill No. 292 be taken from the General File and re-referred to the Committee on Legislative Affairs and Operations.

    Remarks by Senator Washington.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    Assembly Bill No. 3.

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

    Motion carried.

    Assembly Bill No. 122.

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

    Motion carried.

    Assembly Bill No. 156.

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

    Motion carried.

    Assembly Bill No. 192.

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

    Motion carried.

    Assembly Bill No. 234.

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

    Motion carried.

    Assembly Bill No. 245.

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

    Motion carried.


    Assembly Bill No. 256.

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

    Motion carried.

    Assembly Bill No. 262.

    Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Assembly Bill No. 274.

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

    Motion carried.

    Assembly Bill No. 285.

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

    Motion carried.

    Assembly Bill No. 323.

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

    Motion carried.

    Assembly Bill No. 346.

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

    Motion carried.

    Assembly Bill No. 378.

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

    Motion carried.

    Assembly Bill No. 395.

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

    Motion carried.

    Assembly Bill No. 445.

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

    Motion carried.

    Assembly Bill No. 458.

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

    Motion carried.

    Assembly Bill No. 507.

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

    Motion carried.

    Assembly Bill No. 536.

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

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 250.

    Bill read second time and ordered to third reading.

    Senate Bill No. 320.

    Bill read second time.

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

    Amendment No. 275.

    Amend the bill as a whole by deleting sections 1 through 7 and renumbering sections 8 through 12 as sections 1 through 5.

    Amend sec. 8, page 6, lines 38 and 39, by deleting: “4th Edition, 3rd Printing,” and inserting “5th edition,”.

    Amend sec. 8, page 6, by deleting line 45 and inserting “5th edition;”.

    Amend sec. 8, page 7, line 3, by deleting “Impairment.” and inserting “Impairment; and”.

    Amend sec. 8, page 7, between lines 3 and 4, by inserting:

    (c) Must not consider any factors other than the degree of physical impairment of the whole man in calculating the entitlement to compensation.”.

    Amend sec. 8, page 7, line 6, by deleting: “4th Edition, 3rd Printing,” and inserting “5th edition,”.

    Amend sec. 8, page 7, line 8, by deleting “and printing”.

    Amend sec. 9, page 7, line 19, after “shall” by inserting “not”.

    Amend sec. 9, page 7, by deleting lines 21 through 23 and inserting: “NRS, unless the [insurer can prove] physician or chiropractor proves by a preponderance of the evidence that the subsequent injury described in paragraph (b) is [not a substantial contributing] the major cause of the resulting condition.”.

    Amend sec. 9, page 7, line 30, after “shall” by inserting “not”.

    Amend sec. 9, page 7, by deleting lines 32 through 34 and inserting: “NRS, unless the [insurer can prove] physician or chiropractor proves by a preponderance of the evidence that the injury described in paragraph (a) is [not a substantial contributing] the major cause of the resulting”.

    Amend sec. 11, page 8, line 26, by deleting “be dismissed” and inserting: “not be granted”.

    Amend sec. 11, page 8, line 33, by deleting “A” and inserting: “If applicable, a”.

    Amend sec. 11, page 8, line 43, after “must” by inserting: “include the information required pursuant to subsection 2 and must”.

    Amend sec. 12, page 9, line 29, by deleting: “letter of determination” and inserting: “decision of the hearing officer”.

    Amend the bill as a whole by deleting sections 13 through 18 and adding a new section designated sec. 6, following sec. 12, to read as follows:

    Sec. 6.  1.  This section and sections 4 and 5 of this act become effective upon passage and approval.

    2.  Section 3 of this act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 2003, for all other purposes.

    3.  Sections 1 and 2 of this act become effective on January 1, 2004.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to industrial insurance; requiring the adoption of certain medical standards for evaluating permanent impairments to injured employees; revising various provisions relating to the payment of compensation to injured employees; revising certain procedures and establishing certain requirements relating to the adjudication of contested claims; and providing other matters properly relating thereto.”.

    Senator Townsend moved the adoption of the amendment.

    Remarks by Senator Townsend.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 387.

    Bill read second time.

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

    Amendment No. 278.

    Amend the bill as a whole by deleting sections 1 through 5, renumbering sec. 5 as sec. 6 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:

    Section 1.  Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

    The Board shall post on a website or other Internet site that is operated or administered by or on behalf of the Board:

    1.  A general description of the basic elements of the Compliance Program Guidance for Pharmaceutical Manufacturers that is published by the Office of Inspector General of the United States Department of Health and Human Services, or links to websites or other Internet sites that are operated or administered by or on behalf of the Office of Inspector General where such information may be obtained;

    2.  A general description of the process for reporting unlawful or unethical conduct by pharmaceutical manufacturers to the Office of Inspector General, or links to websites or other Internet sites that are operated or administered by or on behalf of the Office of Inspector General where such information may be obtained; and

    3.  A current telephone number for the Office of Inspector General.

    Sec. 2.  Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

    The Board shall post on a website or other Internet site that is operated or administered by or on behalf of the Board:

    1.  A general description of the basic elements of the Compliance Program Guidance for Pharmaceutical Manufacturers that is published by the Office of Inspector General of the United States Department of Health and Human Services, or links to websites or other Internet sites that are operated or administered by or on behalf of the Office of Inspector General where such information may be obtained;

    2.  A general description of the process for reporting unlawful or unethical conduct by pharmaceutical manufacturers to the Office of Inspector General, or links to websites or other Internet sites that are operated or administered by or on behalf of the Office of Inspector General where such information may be obtained; and

    3.  A current telephone number for the Office of Inspector General.

    Sec. 3.  NRS 639.2583 is hereby amended to read as follows:

    639.2583  [If]

    1.  Except as otherwise provided in this section, if a practitioner has prescribed a drug by brand name and the practitioner has not indicated , by a method set forth in subsection 5, that a substitution is prohibited, [a pharmacist:

    1.  Shall, in a case where he is being paid for the drug by a governmental agency; and

    2.  May, in any other case, fill] the pharmacist who fills or refills the prescription [with] shall dispense, in substitution, another drug which is available to him [, is] if the other drug:

    (a) Is less expensive than the drug prescribed [, is] by brand name;

    (b) Is biologically equivalent [, has] to the drug prescribed by brand name;

    (c) Has the same active ingredient or ingredients of the same strength, quantity and form of dosage as the drug prescribed by brand name; and [is]

    (d) Is of the same generic type as the drug prescribed [. The pharmacist may also make such a substitution if the prescription was written] by brand name.

    2.  If the pharmacist has available to him more than one drug that may be substituted for the drug prescribed by brand name, the pharmacist shall dispense, in substitution, the least expensive of the drugs that are available to him for substitution.

    3.  Before a pharmacist dispenses a drug in substitution for a drug prescribed by brand name, the pharmacist shall:

    (a) Advise the person who presents the prescription that the pharmacist intends to dispense a drug in substitution; and

    (b) Advise the person that he may refuse to accept the drug that the pharmacist intends to dispense in substitution, unless the pharmacist is being paid for the drug by a governmental agency.

    4.  If a person refuses to accept the drug that the pharmacist intends to dispense in substitution, the pharmacist shall dispense the drug prescribed by brand name, unless the pharmacist is being paid for the drug by a governmental agency, in which case the pharmacist shall dispense the drug in substitution.

    5.  A pharmacist shall not dispense a drug in substitution for a drug prescribed by brand name if the practitioner has indicated that a substitution is prohibited using one or more of the following methods:

    (a) By oral communication to the pharmacist at any time before the drug is dispensed.

    (b) By handwriting the words “Dispense as Written” on the form used for the prescription, including, without limitation, any form used for transmitting the prescription from a facsimile machine to another facsimile machine. The pharmacist shall disregard the words “Dispense as Written” if they have been placed on the form used for the prescription by preprinting or other mechanical process or by any method other than handwriting.

    (c) By including the words “Dispense as Written” in any prescription that is given to the pharmacist by electronic transmission pursuant to the regulations of the Board, including, without limitation, an electronic transmission from a computer equipped with a facsimile modem to a facsimile machine or from a computer to another computer pursuant to the regulations of the Board.

    6.  The provisions of this section also apply to a prescription issued to a person by a practitioner from outside this state [and indicates] if the practitioner has not indicated, by a method set forth in subsection 5, that a substitution [may be made.] is prohibited.

    7.  The provisions of this section do not apply to:

    (a) A prescription drug that is dispensed to any inpatient of a hospital by an inpatient pharmacy which is associated with that hospital;

    (b) A prescription drug that is dispensed to any person by mail order or other common carrier by an Internet pharmacy which is certified by the Board pursuant to NRS 639.23288 and authorized to provide service by mail order or other common carrier pursuant to the provisions of this chapter; or

    (c) A prescription drug that is dispensed to any person by a pharmacist if the substitution:

        (1) Would violate the terms of a health care plan that maintains a mandatory, exclusive or closed formulary for its coverage for prescription drugs; or

        (2) Would otherwise make the transaction ineligible for reimbursement by a third party.

    Sec. 4.  NRS 639.2589 is hereby amended to read as follows:

    639.2589  1.  The form used for any prescription which is issued or intended to be filled in this state must contain a line for the signature of the [prescriber, the printed words “dispense only as written” and a box near that statement for the purpose of indicating that a substitution may not be made.] practitioner.

    2.  Substitutions may be made in filling prescriptions contained in the orders of a physician, or of an advanced practitioner of nursing who is a practitioner, in a facility for skilled nursing or facility for intermediate care. [Each page of the document which contains the order must be printed with the words: “The biological equivalent of drugs ordered may be dispensed unless initialed by the prescriber here” and a box must be provided near that statement for the purpose of indicating that a substitution may not be made.]

    3.  Substitutions may be made in filling prescriptions ordered on a patient’s chart in a hospital if the hospital’s medical staff has approved a formulary for specific generic substitutions.

    Sec. 5.  NRS 639.259 is hereby amended to read as follows:

    639.259  No employer of a pharmacist may require the pharmacist to dispense any specific generic drug in substitution for another drug if [:] the:

    1.  Substitution is not permitted by the prescription as signed by a practitioner; [or]

    2.  Substitution would be against the professional judgment of the pharmacist [.] ; or

    3.  Substitution would violate any provision of NRS 639.2583 to 639.2599, inclusive.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to drugs; requiring the Board of Medical Examiners and the State Board of Pharmacy to post on the Internet certain information relating to manufacturers of drugs; revising provisions relating to the substitution of generic drugs for drugs prescribed by brand name; and providing other matters properly relating thereto.”.

    Senator Townsend moved the adoption of the amendment.

    Remarks by Senator Townsend.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 139.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 140.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 145.

    Bill read second time and ordered to third reading.

GENERAL FILE AND THIRD READING

    Senate Bill No. 80.

    Bill read third time.

    Roll call on Senate Bill No. 80:

    Yeas—6.

    Nays—Amodei, Care, Carlton, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, Raggio, Rawson, Rhoads, Shaffer, Washington, Wiener—15.

    Senate Bill No. 80 having failed to receive a constitutional majority, Madam President declared it lost.

    Senate Bill No. 125.

    Bill read third time.

    Roll call on Senate Bill No. 125:

    Yeas—19.

    Nays—Neal, Titus—2.

    Senate Bill No. 125 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 133.

    Bill read third time.

    Roll call on Senate Bill No. 133:

    Yeas—21.

    Nays—None.

    Senate Bill No. 133 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 136.

    Bill read third time.

    Roll call on Senate Bill No. 136:

    Yeas—19.

    Nays—Carlton, Neal—2.

    Senate Bill No. 136 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 201.

    Bill read third time.

    Remarks by Senators Neal, Rhoads and Nolan.

    Senator Nolan disclosed that he was recently appointed to the State Emergency Response Commission.

    Roll call on Senate Bill No. 201:

    Yeas—21.

    Nays—None.

    Senate Bill No. 201 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 237.

    Bill read third time.

    Remarks by Senators Titus, McGinness and Raggio.

    Conflict of interest declared by Senator Raggio.

    Roll call on Senate Bill No. 237:

    Yeas—19.

    Nays—Neal.

    Not Voting—Raggio.

    Senate Bill No. 237 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 256.

    Bill read third time.

    Roll call on Senate Bill No. 256:

    Yeas—20.

    Nays—Carlton.

    Senate Bill No. 256 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 273.

    Bill read third time.

    Roll call on Senate Bill No. 273:

    Yeas—19.

    Nays—Care, Carlton—2.

    Senate Bill No. 273 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 306.

    Bill read third time.

    Roll call on Senate Bill No. 306:

    Yeas—18.

    Nays—Cegavske, Neal, Tiffany—3.

    Senate Bill No. 306 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 313.

    Bill read third time.

    Remarks by Senators Neal and Raggio.


    Roll call on Senate Bill No. 313:

    Yeas—20.

    Nays—O'Connell.

    Senate Bill No. 313 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 331.

    Bill read third time.

    Roll call on Senate Bill No. 331:

    Yeas—21.

    Nays—None.

    Senate Bill No. 331 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 342.

    Bill read third time.

    Remarks by Senators Care, Hardy and Neal.

    Roll call on Senate Bill No. 342:

    Yeas—15.

    Nays—Care, Coffin, Mathews, Neal, Titus, Wiener—6.

    Senate Bill No. 342 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 356.

    Bill read third time.

    Roll call on Senate Bill No. 356:

    Yeas—21.

    Nays—None.

    Senate Bill No. 356 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 359.

    Bill read third time.

    Roll call on Senate Bill No. 359:

    Yeas—21.

    Nays—None.

    Senate Bill No. 359 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 400.

    Bill read third time.

    The following amendment was proposed by Senator Titus:

    Amendment No. 522.

    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.  The Legislature hereby finds and declares that:

    1.  The continued regulation of incumbent local exchange carriers by the Public Utilities Commission of Nevada is necessary to ensure that:

    (a) The residents of this state are provided with adequate and reliable basic telephone service at just and reasonable rates; and

    (b) The incumbent local exchange carriers:

        (1) Act in the best interest of the residents of this state;

        (2) Fully comply with all obligations to competitive suppliers of telecommunication services regarding the provision of network interconnection, unbundled network elements and resold services under the provisions of the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161; and

        (3) Do not otherwise act in a manner that is contrary to the public interest;

    2.  The provisions of this act are not intended to abrogate, limit or diminish the jurisdiction and power of the Public Utilities Commission of Nevada to regulate incumbent local exchange carriers to the fullest extent permitted by federal and state law;

    3.  The Public Utilities Commission of Nevada must closely monitor each action and transaction that an incumbent local exchange carrier undertakes pursuant to the provisions of this act and must carefully review each application, request, petition or notice filed by an incumbent local exchange carrier pursuant to the provisions of this act to protect the residents of this state and promote the viability of a competitive market in this state; and

    4.  The Public Utilities Commission of Nevada must interpret the provisions of this act to produce a result that provides the greatest protection and benefits to the residents of this state and the public interest.”.

    Senator Titus moved the adoption of the amendment.

    Remarks by Senators Titus and Townsend.

    Motion lost.

    Remarks by Senators Care, Townsend, Neal and Titus.

    Senator Neal requested that Senator Townsend's remarks be entered in the Journal.

    Senator Townsend:

    Thank you, Madam President. The Senator from southern Nevada is right in his reading, but his interpretation needs to be clarified. As he accurately stated, on page 2, the provisions of this subsection do not prohibit the Commission from considering any revenue, cost or expenses that a public utility derives from providing a broadband service. If the Commission is determining the rates of the public utility for a general rate application, the issue there is a simple one. In order for a local exchange carrier to raise a residential rate or change a lifeline rate, as current tariff under the Public Utility Commission, they would have to file a general rate case. At that point, the Public Utility Commission could consider all those revenues and expenses. The protection remains for residential customers, the base-rate customers and the lifeline customers. If someone asks for the increase, the Public Utility Commission may look at all those revenues. If they do not ask for a rate increase then they are not going to look at them. It protects the basic customer. It also gives the opportunity to the local exchange carrier to bundle and provide services to our residential customers. People are starting to demand more by working and trying to keep track of the world from home. This gives them an opportunity to do that, but still protects that base rate under the Public Utility Commission.

    Conflict of interest declared by Senator Raggio.

    Roll call on Senate Bill No. 400:

    Yeas—20.

    Nays—None.

    Not Voting—Raggio.

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

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 408.

    Bill read third time.

    Roll call on Senate Bill No. 408:

    Yeas—21.

    Nays—None.

    Senate Bill No. 408 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 424.

    Bill read third time.

    Roll call on Senate Bill No. 424:

    Yeas—21.

    Nays—None.

    Senate Bill No. 424 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 432.

    Bill read third time.

    Remarks by Senators Neal, Amodei and Carlton.

    Roll call on Senate Bill No. 432:

    Yeas—21.

    Nays—None.

    Senate Bill No. 432 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.


    Senate Bill No. 434.

    Bill read third time.

    Remarks by Senators Neal and Amodei.

    Roll call on Senate Bill No. 434:

    Yeas—21.

    Nays—None.

    Senate Bill No. 434 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 436.

    Bill read third time.

    Roll call on Senate Bill No. 436:

    Yeas—21.

    Nays—None.

    Senate Bill No. 436 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 444.

    Bill read third time.

    Remarks by Senators Neal and O'Connell.

    Roll call on Senate Bill No. 444:

    Yeas—21.

    Nays—None.

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

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 445.

    Bill read third time.

    Roll call on Senate Bill No. 445:

    Yeas—21.

    Nays—None.

    Senate Bill No. 445 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 446.

    Bill read third time.

    Roll call on Senate Bill No. 446:

    Yeas—20.

    Nays—Neal.

    Senate Bill No. 446 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 451.

    Bill read third time.

    Roll call on Senate Bill No. 451:

    Yeas—21.

    Nays—None.

    Senate Bill No. 451 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 452.

    Bill read third time.

    Remarks by Senators Neal and Hardy.

    Roll call on Senate Bill No. 452:

    Yeas—20.

    Nays—Neal.

    Senate Bill No. 452 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 471.

    Bill read third time.

    Remarks by Senator McGinness.

    Roll call on Senate Bill No. 471:

    Yeas—21.

    Nays—None.

    Senate Bill No. 471 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 486.

    Bill read third time.

    Roll call on Senate Bill No. 486:

    Yeas—21.

    Nays—None.

    Senate Bill No. 486 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 487.

    Bill read third time.

    Remarks by Senators Hardy, Care, Titus, Townsend, Coffin, Nolan and Amodei.

    Senator Amodei disclosed that he had formerly been affiliated with a law firm who had done legal work on this matter.


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

    Thank you, Madam President. It is with some regret that I must stand to oppose this legislation. It is with regret because I have a great deal of respect for those who brought this bill forward; however, there was a comment made in the committee hearing where one of the proponents of the bill said this bill simply clarifies existing law.

    Madam President, I feel this body needs to know that this bill does substantially more than clarify existing law.

    This legislation makes two significant changes to the way water law is executed in this State. In section 2 of the bill, it states, “in agreements of this kind, future county commissions can be bound by the actions of the current county commission.” That is change number one to a long-standing policy of this State. Secondly, and more importantly, this bill changes the doctrine of prior appropriation that we have always used to appropriate water. Two years after Nevada became a state, in 1866, the courts adopted the law of prior appropriation. The law of prior appropriation is the predominant water law used in the western United States. The doctrine of prior appropriation states clearly that the water resources of the State of Nevada belong to the people of the State of Nevada. They must show beneficial use before they have the right to use the water. No one in this State owns water. Individuals in this State own water rights or the right to use water, but no one in this State owns water. It has long been the position of the State Engineer and this Legislature that using water as an instrument of commerce for purposes of making a profit has not been the policy of this State. Senate Bill No. 487 changes that. In section 1, a board of county commissioners in a county with a population of less than 400,000 can enter into an agreement to pay for the acquisition of water resources and to coordinate planning, development and distribution of water resources. Under this bill, they can enter into an agreement with a private sector company. Section 1, subsection 2, paragraph (b) states, this partnership can split the proceeds or the profit. This makes our most important natural resource an instrument of commerce.

    This body needs to know this legislation was brought forward because of the Attorney General’s opinion that said the agreement in question was not legal for two reasons. One, it binds future commissioners, and two, the agreement does not satisfy a public purpose.

    Let me reference the Attorney General’s opinion. It states: The agreements entered into between the parties have as their primary purpose the development and purveying of water resources for profit.

    The State Engineer referenced a number of occasions where the State Engineer had ruled against filings from the private sector water holders because their purpose was speculative. In the document, three or four such cases are referenced where it rejected applications because their purposes were speculative. However, it references this agreement as being different. The State Engineer finds that by joining with the company in question it avoids the appearance of speculation. The State Engineer makes very clear that had they not entered into an agreement with Lincoln County, he would have rejected these rights as speculative. This bill allows the private sector to get around long-standing, 150-year-old Nevada law. We were told a number of times in committee that the intent of this was to help a particular county, Lincoln County, to develop their water resources. Yet, when I proposed an amendment in committee that would specify this could only be done in Lincoln County for a profit, the proponents adamantly opposed that. When I proposed an amendment that said that they would be subject to the open meeting law and that all the documents relating to the project would be public documents, the proponents adamantly opposed it.

    I have a great deal of respect for the proponents. I have learned much about this body, and I have learned much about my colleagues. What I have learned has been encouraging. This body and my colleagues want to do something for Lincoln County. I, also, wish to do something for Lincoln County but not something that will make our most precious natural resource an instrument of commerce.

    I am frightened by discussions I have had with some of the proponents who have told me they will not sell water to the Virgin Valley Water District because they are opposed to this legislation. I was told that any water they did sell would be at an increased price. What concerns me is that if this legislation passes, those individuals will have the power to make good on their threat.

    Madam President, I want to do something for Lincoln County, but the water of this State under the 150-year-old precedent belongs to the people of this State. Before we make it an instrument of commerce and change that long-standing policy, I would ask this body to think very seriously about this.

    Senator Titus requested that her remarks be entered in the Journal.

    Thank you, Madam President. My concern about this bill is that the water might be sold outside the State. I was assured that would not happen, but I am still concerned about it. I wish the record to show that a commitment was made that an amendment would be placed in the bill when it goes to the Assembly. Then, this water may be sold but not outside the State.

    Senators Townsend, Raggio and O'Connell moved the previous question.

    Motion carried.

    The question being on the passage of Senate Bill No. 487.

    Roll call on Senate Bill No. 487:

    Yeas—15.

    Nays—Carlton, Coffin, Hardy, Neal, Schneider, Wiener—6.

    Senate Bill No. 487 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Joint Resolution No. 1.

    Resolution read third time.

    Roll call on Senate Joint Resolution No. 1:

    Yeas—21.

    Nays—None.

    Senate Joint Resolution No. 1 having received a constitutional majority, Madam President declared it passed, as amended.

    Resolution ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Raggio moved that Assembly Bills Nos. 6, 19, 42, 58, 111, 177, 201, 302, 306 be taken from the General File and placed on the General File for the next legislative day.

    Remarks by Senator Raggio.

    Motion carried.

    In compliance with a notice given on the previous day, Senator Tiffany moved that the vote whereby Senate Bill No. 53 was passed be reconsidered.

    Remarks by Senator Tiffany.

    Motion carried.

GENERAL FILE AND THIRD READING

    Senate Bill No. 53.

    Bill read third time.

    Roll call on Senate Bill No. 53:

    Yeas—12.

    Nays—Care, Carlton, Cegavske, Nolan, O'Connell, Rawson, Tiffany, Titus, Wiener—9.


    Senate Bill No. 53 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

Unfinished Business

Recede From Senate Amendments

    Senator Amodei moved that the Senate recede from its action on Assembly Bill No. 53.

    Remarks by Senator Amodei.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Nolan moved that Senate Bill No. 483 be taken from the Secretary’s desk and placed on the Second Reading File on the third agenda.

    Remarks by Senator Nolan.

    Motion carried.

REPORTS OF COMMITTEES

Madam President:

    Your Committee on Commerce and Labor, to which was referred Senate Bill No. 122, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Randolph J. Townsend, Chairman

Madam President:

    Your Committee on Legislative Affairs and Operations, to which was referred Senate Bill No. 362, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Maurice E. Washington, Chairman

Madam President:

    Your Committee on Taxation, to which were referred Senate Bills Nos. 370, 440, 473, 489, 490, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mike McGinness, Chairman

SECOND READING AND AMENDMENT

    Senate Bill No. 19.

    Bill read second time.

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

    Amendment No. 92.

    Amend sec. 3, page 2, by deleting lines 17 through 24 and inserting: “local government determines that:

    (a) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications;

    (b) The bidder is not responsive or responsible; or

    (c) The public interest would be served by such a rejection.”.

    Amend sec. 3, page 2, line 27, after “project” by inserting “over $25,000”.

    Amend sec. 3, page 2, by deleting lines 38 through 44 and inserting:

    5.  The provisions of this section do not relieve this state from the duty to award the contract for the public work to a bidder who is:

    (a) Qualified pursuant to the applicable provisions of NRS 338.1375 to 338.1383, inclusive; and

    (b) The lowest responsive and responsible bidder, if bids are required to be solicited from more than one”.

    Amend sec. 4, page 3, by deleting lines 1 through 6 and inserting:

    Sec. 4.  1.  If the State or a local government proposes to perform a public works project itself in accordance with subsection 2 of section 2 of this act, the public officer responsible for the management of the public works projects of the State or the local government, as applicable, must, if the estimated cost of the public work is more than $25,000 but not more than $100,000 and before work on the project is commenced, prepare a signed”.

    Amend sec. 6, page 3, by deleting lines 37 through 44 and inserting: “government determines that:

    (a) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications;

    (b) The bidder is not responsive or responsible; or

    (c) The public interest would be served by such a rejection.”.

    Amend sec. 6, page 4, line 2, after “project” by inserting “over $25,000”.

    Amend sec. 6, page 4, by deleting lines 16 and 17 and inserting: “work to a bidder who is the lowest responsive and responsible bidder, if bids are required to be solicited from more than”.

    Amend sec. 7, page 4, by deleting lines 20 through 24 and inserting:

    Sec. 7.  1.  If a local government proposes to perform a public works project itself in accordance with subsection 2 of section 5 of this act, the public officer responsible for the management of the public works projects of the local government must, if the estimated cost of the public work is more than $25,000 but not more than $100,000 and before work on the project is commenced, prepare a”.

    Amend sec. 7, page 4, line 37, by deleting: “applicable public body.” and inserting “local government.”.

    Amend sec. 8, page 5, line 31, by deleting: “paragraph (b) of subsection 1” and inserting: “[paragraph (b) of subsection 1] subsection 2”.

    Amend sec. 8, page 6, line 7, after “subdivision.” by inserting: “The term includes a person who has been designated by a local government to serve as the authorized representative of the local government in developing and awarding contracts for public works projects on behalf of the local government.”.

    Amend sec. 9, page 7, by deleting lines 30 through 41 and inserting:

    “338.1373  [1.] A local government shall award a contract for the construction, alteration or repair of a public work pursuant to the provisions of:

    [(a)] 1.  NRS 338.1377 to 338.139, inclusive [; or

    (b)] , and sections 2, 3 and 4 of this act; or

    2.  NRS 338.143 to 338.148, inclusive [.

    2.  The provisions of NRS 338.1375 to 338.1383, inclusive, and 338.139 do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.313 to 408.433, inclusive.] , and sections 5, 6 and 7 of this act.”.

    Amend sec. 10, page 8, line 1, by deleting: “paragraph (a) of” and inserting: “[paragraph (a) of]”.

    Amend sec. 10, page 9, line 29, by deleting: “NRS 408.323 or 408.327;” and inserting: “NRS 408.323 ; [or 408.327;]”.

    Amend sec. 11, page 9, line 43, by deleting: “paragraph (a) of” and inserting: “[paragraph (a) of]”.

    Amend sec. 11, page 11, by deleting lines 30 and 31 and inserting: “maintenance of highways subject to NRS 408.323 ; [or 408.327;]

    (c) Normal maintenance of the property of a school district; [or]”.

    Amend sec. 13, page 15, line 19, by deleting: “paragraph (b) of subsection 1” and inserting: “[paragraph (b) of subsection 1] subsection 2”.

    Amend sec. 13, page 16, line 37, by deleting: “NRS 408.323 or 408.327;” and inserting: “NRS 408.323 ; [or 408.327;]”.

    Amend sec. 14, page 17, lines 7 and 8, by deleting: “paragraph (b) of subsection 1” and inserting: “[paragraph (b) of subsection 1] subsection 2”.

    Amend sec. 14, page 18, line 29, by deleting: “NRS 408.323 or 408.327;” and inserting: “NRS 408.323 ; [or 408.327;]”.

    Amend the bill as a whole by renumbering sections 16 and 17 as sections 18 and 19 and adding new sections designated sections 16 and 17, following sec. 15, to read as follows:

    Sec. 16.  NRS 338.1715 is hereby amended to read as follows:

    338.1715  1.  A public body that is required to contract with a prime contractor pursuant to subsection 1 of NRS 338.1711 or elects to contract with a prime contractor pursuant to subsection 4 of NRS 338.1711 shall select the prime contractor in accordance with the procedures for bidding that are set forth in:

    (a) The provisions of NRS 338.1375 to 338.139, inclusive; or

    (b) NRS 338.143 to 338.148, inclusive, if the public body is a local government that elects to award a contract for a public work in accordance with [paragraph (b) of subsection 1] subsection 2 of NRS 338.1373.

    2.  A public body that contracts with a design-build team pursuant to NRS 338.1711 and 338.1713 shall select the design-build team in accordance with NRS 338.1721 to 338.1727, inclusive.

    Sec. 17.  NRS 338.1721 is hereby amended to read as follows:

    338.1721  To qualify to participate in a project for the design and construction of a public work, a design-build team must:

    1.  Obtain a performance bond and payment bond as required pursuant to NRS 339.025;

    2.  Obtain insurance covering general liability and liability for errors and omissions;

    3.  Not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause;

    4.  Not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.1387 [, 338.145 or 408.333;] or 338.145; and

    5.  Ensure that the members of the design-build team possess the licenses and certificates required to carry out the functions of their respective professions within this state.”.

    Amend sec. 16, page 22, by deleting lines 14 through 20 and inserting:

    “341.148  [1.  Except as otherwise provided in subsection 2, the] The Board shall advertise in a newspaper of general circulation in the State of Nevada for separate sealed bids for each construction project [.] whose estimated cost is more than $100,000. Approved plans and specifications for the construction must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The Board may accept bids on either the whole”.

    Amend the bill as a whole by renumbering sec. 18 as sec. 27 and adding new sections designated sections 20 through 26, following sec. 17, to read as follows:

    Sec. 20.  NRS 408.205 is hereby amended to read as follows:

    408.205  1.  With the approval of the Board, the Director may execute all plans, specifications, contracts and instruments in the name of the State of Nevada necessary for the carrying out of the provisions of this chapter . [, except those construction contracts as provided in NRS 408.327 and 408.347.]

    2.  The Director has such other power and authority as is necessary and proper under the provisions of this chapter, or as the Board delegates to him.

    3.  The Director shall provide for the purchase of United States Savings Bonds or similar United States obligations by salary or wage deductions for officers and employees of the Department who make written requests for such deductions and purchases. To allow all Department officers and employees the opportunity of requesting salary or wage deductions for the purchase of United States obligations, the Director shall provide forms authorizing the deductions and purchases and shall make them readily available to all Department officers and employees.

    Sec. 21.  NRS 408.215 is hereby amended to read as follows:

    408.215  1.  The Director has charge of all the records of the Department, keeping records of all proceedings pertaining to the Department and keeping on file information, plans, specifications, estimates, statistics and records prepared by the Department, except [those financial statements described in NRS 408.333 and] the financial or proprietary information described in paragraph (d) of subsection 5 of NRS [408.3886,] 338.1727, which must not become matters of public record.

    2.  The Director may photograph, microphotograph or film or dispose of the records of the Department referred to in subsection 1 as provided in NRS 239.051, 239.080 and 239.085.

    3.  The Director shall maintain an index or record of deeds or other references of title or interests in and to all lands or interests in land owned or acquired by the Department.

    4.  The Director shall adopt such regulations as may be necessary to carry out and enforce the provisions of this chapter.

    Sec. 22.  NRS 408.225 is hereby amended to read as follows:

    408.225  [Except as otherwise provided in NRS 408.323, the] The Director, with the approval of the Board, may rent, lease, purchase and contract for all equipment, materials, supplies, vehicles, road machinery, tools, implements and technical services required for the purpose of this chapter. Such equipment, supplies and services must be managed and used under the control of the Director.

    Sec. 23.  NRS 408.317 is hereby amended to read as follows:

    408.317  1.  Except as otherwise provided in NRS [408.3875 to 408.3887,] 338.1711 to 338.1727, inclusive, all work of construction, reconstruction, improvement and maintenance of highways as provided under the provisions of this chapter is under the supervision and direction of the Director and must be performed in accordance with the plans, specifications and contracts prepared by him.

    2.  All maintenance and repair of highways when performed by the Department must be paid out of the State Highway Fund.

    Sec. 24.  NRS 408.323 is hereby amended to read as follows:

    408.323  [1.  Whenever it can be justified by the Director that limited work or improvements can be done in a more economical or other satisfactory manner than by contract under NRS 408.327, the Director may, with the approval of the Board, execute such work or improvements with Department facilities and employees.

    2.] In the event of disaster or great emergency the Director may, with the approval of the Board, hire, employ or contract for such labor, materials and equipment as are in his opinion necessary to reroute, repair or replace any highway threatened or damaged by the emergency or disaster . [, and the provisions of NRS 408.327 and 408.367 do not apply.]

    Sec. 25.  NRS 625.530 is hereby amended to read as follows:

    625.530  Except as otherwise provided in NRS 338.1711 to 338.1727, inclusive : [, and 408.3875 to 408.3887, inclusive:]

    1.  The State of Nevada or any of its political subdivisions, including a county, city or town, shall not engage in any public work requiring the practice of professional engineering or land surveying, unless the maps, plans, specifications, reports and estimates have been prepared by, and the work executed under the supervision of, a professional engineer, professional land surveyor or registered architect.

    2.  The provisions of this section do not:

    (a) Apply to any public work wherein the expenditure for the complete project of which the work is a part does not exceed $35,000.

    (b) Include any maintenance work undertaken by the State of Nevada or its political subdivisions.

    (c) Authorize a professional engineer, registered architect or professional land surveyor to practice in violation of any of the provisions of chapter 623 of NRS or this chapter.

    (d) Require the services of an architect registered pursuant to the provisions of chapter 623 of NRS for the erection of buildings or structures manufactured in an industrial plant, if those buildings or structures meet the requirements of local building codes of the jurisdiction in which they are being erected.

    3.  The selection of a professional engineer, professional land surveyor or registered architect to perform services pursuant to subsection 1 must be made on the basis of the competence and qualifications of the engineer, land surveyor or architect for the type of services to be performed and not on the basis of competitive fees. If, after selection of the engineer, land surveyor or architect, an agreement upon a fair and reasonable fee cannot be reached with him, the public agency may terminate negotiations and select another engineer, land surveyor or architect.

    Sec. 26.  NRS 408.327, 408.333, 408.337, 408.343, 408.347, 408.357, 408.367, 408.3875, 408.3876, 408.3877, 408.3878, 408.3879, 408.388, 408.3881, 408.3882, 408.3883, 408.3884, 408.3885, 408.3886 and 408.3887 are hereby repealed.”.

    Amend sec. 18, page 23, line 16, by deleting: “13, 15, 16 and 17” and inserting: “13 and 15 to 26, inclusive,”.

    Amend sec. 18, page 23, line 19, by deleting: “at 12:01 a.m.”.

    Amend the bill as a whole by adding the leadlines of repealed sections, following sec. 18, to read as follows:

TEXT OF REPEALED SECTION

    408.327  Advertisement for bids; publication.

    408.333  Bids and bidders: Experience and financial ability; hearing upon disqualification; appeal of decision.

    408.337  Bids and bidders: Security; forfeiture; refunds.

    408.343  Bids and bidders: Procedure for award of contract.

    408.347  Execution of contract in name of state; copies filed with department and county commissioners.

    408.357  Bids and bidders: Bonds required of successful bidders; exception; conditions; sureties.

    408.367  Project not exceeding $250,000: Informal bids; advertisement; mailing of invitation to bid; contract; bonds; exception.

    408.3875  Definitions.

    408.3876  “Design-build contract” defined.

    408.3877  “Design-build team” defined.

    408.3878  “Prime contractor” defined.

    408.3879  “Project” defined.

    408.388  Projects for which department may contract with design-build team.

    408.3881  Public meeting; notice.

    408.3882  Procedure for selecting design-build team.

    408.3883  Preliminary proposals: Advertisement by department; publication; information available for inspection by design-build teams.

    408.3884  Qualifications of design-build team.

    408.3885  Procedure for selecting finalists from among design-build teams that submitted preliminary proposals.

    408.3886  Request for final proposals; submission of final proposals; selection or rejection of final proposals; awarding contract; duties of design‑build team.

    408.3887  Employment of architect or engineer as consultant during construction.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to public works; providing for an expedited process by which the State or a local government solicits bids and awards contracts for certain smaller public works projects to properly licensed contractors or completes such projects itself; providing that such an expedited process does not relieve the State or a local government from certain duties; requiring the Department of Transportation to follow the same provisions relating to contracting and design-build projects which other state agencies are required to follow; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY¾Makes various changes relating to advertising and awarding contracts for certain smaller public works projects and requires Department of Transportation to follow contracting procedures used by other state agencies. (BDR 28-409)”.

    Senator Hardy moved the adoption of the amendment.

    Remarks by Senator Hardy.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 27.

    Bill read second time.

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

    Amendment No. 105.

    Amend sec. 2, page 1, line 5, by deleting: “3 to 12,” and inserting: “2.5 to 12.3,”.

    Amend the bill as a whole by adding a new section designated sec. 2.5, following sec. 2, to read as follows:

    Sec. 2.5.  “Assessment” includes taking the medical history of a patient, visually inspecting the injured portion of the body and the associated structures, palpating the bony landmarks and soft tissue and applying special tests to systematically assess the pathology and extent of the injury or condition.”.

    Amend sec. 3, pages 1 and 2, by deleting line 10 on page 1 and line 1 on page 2, and inserting:

    (a) An intercollegiate athletic association or interscholastic athletic association; or

    (b) A professional athletic organization; or”.

    Amend sec. 4, page 2, by deleting lines 12 and 13 and inserting:

    (a) An intercollegiate athletic association or interscholastic athletic association; or

    (b) A professional athletic organization; or”.

    Amend sec. 6, page 2, line 22, by deleting “licensed”.

    Amend the bill as a whole by adding new sections designated sections 6.3 through 6.7, following sec. 6, to read as follows:

    “Sec. 6.3.  “Disposition” means the application of accepted management techniques to provide the appropriate care and resources concerning an athletic injury.

    Sec. 6.5.  “Evaluation” includes, without limitation, the use of joint range of motion, manual muscle tests, ligamentous stress tests, neurological tests and functional capacity assessments.

    Sec. 6.7.  “Grade 5 joint mobilization” means the movement of a joint beyond its physiological and capsular end point.”.

    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.  “Joint mobilization” means a learned, skilled, passive movement of articulating surfaces of a person to relieve pain and restore functional movement of the articulating surfaces without pain to the person. The term does not include:

    1.  The diagnosis of a physical disability;

    2.  The massaging of the superficial soft tissues of the body;

    3.  The use of X rays or radium;

    4.  The use of electricity for cauterization or surgery;

    5.  Chiropractic adjustment as defined in NRS 634.014; or

    6.  Grade 5 joint mobilization.”.

    Amend the bill as a whole by adding new sections designated sections 9.2 through 9.8, following sec. 9, to read as follows:

    “Sec. 9.2.  “Management” means the act of controlling or influencing an injury, illness or condition.

    Sec. 9.4.  “Passive joint range of motion” means any movement of an articulating surface of a person without the active assistance of that person, which is performed with equipment or by another person.

    Sec. 9.6.  “Passive range of motion” means any movement of a part of a person without the active assistance of that person, which is performed with equipment or by another person.

    Sec. 9.8.  “Physician” means:

    1.  A physician licensed pursuant to chapter 630 of NRS;

    2.  An osteopathic physician licensed pursuant to chapter 630A of NRS;

    3.  A homeopathic physician licensed pursuant to chapter 633 of NRS;

    4.  A chiropractic physician licensed pursuant to chapter 634 of NRS; or

    5.  A podiatric physician licensed pursuant to chapter 635 of NRS.”.

    Amend sec. 10, page 2, by deleting lines 38 and 39 and inserting:

    (a) The prevention, recognition, assessment, management, treatment, disposition or”.

    Amend sec. 10, page 2, line 43, by deleting “licensed”.

    Amend the bill as a whole by adding new sections designated sections 10.3 through 10.7, following sec. 10, to read as follows:

    Sec. 10.3.  “Prevention” means the application and implementation of physical conditioning programs, pre-participation screening and the monitoring of risk factors that may cause an athletic injury.

    Sec. 10.5.  “Recognition” means the application of visual, verbal or tactile skills to acknowledge the presence of an injury, illness or other condition with an understanding of the predisposing factors of injury and pathomechanics, which assists in the assessment of the injury, illness or other condition.

    Sec. 10.7.  “Reconditioning” means the application of practical and didactic knowledge and functional criteria to evaluate readiness for return to partial or full activities.”.

    Amend the bill as a whole by adding a new section designated sec. 12.3, following sec. 12, to read as follows:

    Sec. 12.3.  “Treatment” means the application of the necessary knowledge and skills to assess an injury, illness or other condition and provide appropriate care.”.

    Amend sec. 16, page 3, line 44, by deleting “Four” and inserting “Three”.

    Amend sec. 16, page 4, by deleting lines 6 and 7 and inserting:

    (b) One member who is licensed as a physical therapist pursuant to chapter 640 of NRS and who is also licensed as an athletic trainer pursuant to this chapter; and

    (c) One member who is a representative of the public.”.

    Amend sec. 17, page 4, line 24, by deleting “The” and inserting:

    1.  For the appointment of any member to the Board pursuant to paragraph (a) of subsection 2 of section 16 of this act, the”.

    Amend sec. 17, page 4, by deleting lines 29 and 30, and inserting: “who are qualified for membership on the Board for each such position. The Governor shall”.

    Amend sec. 17, page 4, by deleting lines 32 and 33, and inserting: “new list.

    2.  For the appointment of a member to the Board pursuant to paragraph (b) of subsection 2 of section 16 of this act, the Nevada Physical Therapists Association, or its successor organization, and the Nevada Athletic Trainers Association, or its successor organization, shall, at least 30 days before the beginning of a term of a member of the Board, or within 30 days after a position on the Board becomes vacant, jointly prepare and submit to the Governor a list of the names of not less than three persons or more than five persons who are qualified for membership on the Board for that position. The Governor shall appoint a new member or fill a vacancy from the list, or request a new list.

    3.  If the Nevada Athletic Trainers Association or the Nevada Physical Therapists Association, or the successor of any such organization, fails to submit nominations for a position”.

    Amend sec. 20, page 5, line 21, after “2.” by inserting: “Appropriate criteria for determining whether an entity is an intercollegiate athletic association, interscholastic athletic association, professional athletic organization or amateur athletic organization;

    3.”.

    Amend sec. 20, page 5, line 22, by deleting “3.” and inserting “4.”.

    Amend the bill as a whole by adding a new section designated sec. 31.5, following sec. 31, to read as follows:

    Sec. 31.5.  1.  A person who is licensed as an athletic trainer shall not conduct an evaluation of an athletic injury or perform joint mobilization unless the person has earned at least a master’s degree in athletic training or a comparable area of study, as determined by the Board.

    2.  A person who is licensed as an athletic trainer and has not earned a master’s degree in athletic training or a comparable area of study, as determined by the Board, may perform passive range of motion or passive joint range of motion.”.

    Amend the bill as a whole by deleting sec. 33 and adding a new section designated sec. 33, following sec. 32, to read as follows:

    Sec. 33.  The Board shall, by regulation, prescribe the following fees which must not exceed:

Application for a license    $250

Examination for a license    350

Application for a license without examination    350

Annual renewal of a license    350

Restoration of an expired license    350

Issuance of a duplicate license    50”.

    Amend the bill as a whole by deleting sec. 55 and adding a new section designated sec. 55, following sec. 54, to read as follows:

    Sec. 55. 1.  On or before January 1, 2004, the Board of Athletic Trainers shall:

    (a) Identify the personal trainers and other fitness instructors in this state and establish a registry of the names and addresses of those personal trainers and other fitness instructors to provide notice of the time and place of the public hearings held by the Board pursuant to this section; and

    (b) Hold not less than five public hearings for the purpose of establishing recommendations concerning the regulation of personal trainers and other fitness instructors in this state.

    2.  On or before January 15, 2005, the Board shall submit a report of its findings and recommendations concerning the regulation of personal trainers and other fitness instructors in this state to the 73rd Session of the Nevada Legislature. The recommendations may include, without limitation, appropriate:

    (a) Educational qualifications and experience requirements for licensure;

    (b) Fees for the issuance and renewal of licenses;

    (c) Requirements for continuing education; and

    (d) Grounds for disciplinary action.”.

    Amend the title of the bill by deleting lines 7 through 9 and inserting:

“requiring the Board to hold hearings and make recommendations to the Legislature concerning the regulation of personal trainers and other fitness instructors; and providing other”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Provides for regulation of athletic trainers. (BDR 54‑5)”.

    Senator Townsend moved the adoption of the amendment.

    Remarks by Senator Townsend.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 76.

    Bill read second time.

    The following amendment was proposed by the Committee on Natural Resources:

    Amendment No. 397.

    Amend the bill as a whole by renumbering sections 1 and 2 as sections 6 and 7 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:

    Section 1.  Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The State Engineer shall not issue a permit to appropriate water for the purpose of watering livestock unless:

    (a) The applicant for the permit, or if the application for the permit is made by two or more applicants at least one of the applicants for the permit, is legally entitled to place the livestock on the lands for which the permit is sought, and:

        (1) Owns, leases or otherwise possesses a legal or proprietary interest in the livestock on or to be placed on the lands for which the permit is sought; or

        (2) Has received from a person described in subparagraph (1), authorization to have physical custody of the livestock on or to be placed on the lands for which the permit is sought, and authorization to care for, control and maintain such livestock;

    (b) If the application for the permit is made by two or more applicants, each applicant for the permit, to the extent authorized by law, agrees to contribute to:

        (1) The means for putting to beneficial use the water for which the permit is sought; and

        (2) The development, using the procedures administered by the State Engineer, of the water rights for which the permit is sought;

    (c) The forage serving the beneficial use of the water to be appropriated is not encumbered by an adjudicated grazing preference recognized pursuant to federal law for the benefit of a person other than the applicant for the permit, or if the application for the permit is made by two or more applicants, for the benefit of a person other than at least one of the applicants for the permit; and

    (d) The lack of encumbrance required by paragraph (c) is demonstrated by reasonable means, including, without limitation, evidence of a valid grazing permit, other than a temporary grazing permit, that is issued by the appropriate governmental entity to the applicant, or if the application for the permit is made by two or more applicants to at least one of the applicants for the permit.

    2.  The State Engineer shall not issue a certificate of appropriation based upon a permit to appropriate water for the purpose of watering livestock unless:

    (a) The holder of the permit, or if the permit is held by two or more persons at least one of those persons, makes satisfactory proof that the water has been beneficially used, is legally entitled to place on the lands the livestock which have been watered pursuant to the permit, and:

        (1) Owns, leases or otherwise possesses a legal or proprietary interest in the livestock which have been watered pursuant to the permit; or

        (2) Has received from a person described in subparagraph (1), authorization to have physical custody of the livestock which have been watered pursuant to the permit, and authorization to care for, control and maintain such livestock;

    (b) If the permit is held by two or more persons, each person who holds the permit, to the extent authorized by law, has contributed to:

        (1) The means for putting to beneficial use the water for which the certificate is sought; and

        (2) The development, using the procedures administered by the State Engineer, of the water rights for which the certificate is sought;

    (c) The forage serving the beneficial use of the water that has been beneficially used is not encumbered by an adjudicated grazing preference recognized pursuant to federal law for the benefit of a person other than the holder of the permit, or if the permit is held by two or more persons, for the benefit of a person other than at least one of the holders of the permit; and

    (d) The lack of encumbrance required by paragraph (c) is demonstrated by reasonable means, including, without limitation, evidence of a valid grazing permit, other than a temporary grazing permit, that is issued by the appropriate governmental entity to the holder of the permit, or if the permit is held by two or more persons to at least one of the holders of the permit.

    3.  This section must not be construed to impair the vested right of any person to the use of water for the purpose of watering livestock or to prevent any transfer of ownership of a water right for the purpose of watering livestock.

    4.  As used in this section, “grazing preference” means a priority position in the issuance of a permit to graze livestock on the public range.

    Sec. 2.  NRS 533.040 is hereby amended to read as follows:

    533.040  1.  Except as otherwise provided in this section, any water used in this state for beneficial purposes shall be deemed to remain appurtenant to the place of use.

    2.  If at any time it is impracticable to use water beneficially or economically at the place to which it is appurtenant, the right may be severed from the place of use and be simultaneously transferred and become appurtenant to another place of use, in the manner provided in this chapter, without losing priority of right.

    3.  The provisions of this section do not apply to a ditch or canal company that appropriates water for diversion and transmission to the lands of private persons for an annual charge.

    4.  For the purposes of this section, a surface water right acquired by a water user in a federal reclamation project may be considered appurtenant to an entire farm, instead of specifically identifiable land within that farm, upon the granting of a permit for the change of place of use by the State Engineer which designates the place of use as the entire farm. The quantity of water available for use on that farm must not exceed the total amount determined by applicable decrees as designated in the permit granted by the State Engineer.

    5.  For the purposes of this section, a water right acquired for watering livestock by a person who owns, leases or otherwise possesses a legal or proprietary interest in the livestock being watered is appurtenant to:

    (a) The land on which the livestock is watered if the land is owned by the person who possesses a legal or proprietary interest in the livestock; or

    (b) The land located contiguous to the land on which the livestock is watered if that contiguous land is owned by the person who possesses the legal or proprietary interest in the livestock being watered.

    6.  The provisions of subsection 5 must not be construed:

    (a) To impair a vested right or other existing water right established before the effective date of this act of a person to the use of water for the purpose of watering livestock; or

    (b) To prevent any transfer of ownership of a water right for the purpose of watering livestock.

    7.  As used in this section, “farm” means a tract of land under the same ownership that is primarily used for agricultural purposes.

    Sec. 3.  NRS 533.370 is hereby amended to read as follows:

    533.370  1.  Except as otherwise provided in this section and NRS 533.345, 533.371, 533.372 and [533.503,] section 1 of this act, the State Engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:

    (a) The application is accompanied by the prescribed fees;

    (b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the efficiency of the district in its delivery or use of water; and

    (c) The applicant provides proof satisfactory to the State Engineer of:

        (1) His intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and

        (2) His financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.

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

    (a) Action may be postponed by the State Engineer upon written authorization to do so by the applicant or, if an application is protested, by the protestant and the applicant; and

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

    3.  Except as otherwise provided in subsection 6, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights or with protectible interests in existing domestic wells as set forth in NRS 533.024, or threatens to prove detrimental to the public interest, the State Engineer shall reject the application and refuse to issue the requested permit. If a previous application for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.

    4.  In determining whether an application for an interbasin transfer of ground water must be rejected pursuant to this section, the State Engineer shall consider:

    (a) Whether the applicant has justified the need to import the water from another basin;

    (b) If the State Engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;

    (c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;

    (d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and

    (e) Any other factor the State Engineer determines to be relevant.

    5.  If a hearing is held regarding an application, the decision of the State Engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record must be made of the endorsement in the records of the State Engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection 7, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected, the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water while the rejection continues in force.

    6.  The provisions of subsections 1 to 4, inclusive, do not apply to an application for an environmental permit.

    7.  The provisions of subsection 5 do not authorize the recipient of an approved application to use any state land administered by the Division of State Lands of the State Department of Conservation and Natural Resources without the appropriate authorization for that use from the State Land Registrar.

    8.  As used in this section, “interbasin transfer of ground water” means a transfer of ground water for which the proposed point of diversion is in a different basin than the proposed place of beneficial use.

    Sec. 4.  NRS 533.425 is hereby amended to read as follows:

    533.425  1.  Except as otherwise provided in [NRS 533.503,] section 1 of this act, as soon as practicable after satisfactory proof has been made to the State Engineer that any application to appropriate water or any application for permission to change the place of diversion, manner or place of use of water already appropriated has been perfected in accordance with the provisions of this chapter, the State Engineer shall issue to the holder or holders of the permit a certificate setting forth:

    (a) The name and post office address of each holder of the permit.

    (b) The date, source, purpose and amount of appropriation.

    (c) If for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which the water is appurtenant.

    (d) The number of the permit under which the certificate is issued.

    2.  If the water is appropriated from an underground source, the State Engineer shall issue with the certificate a notice of the provisions governing the forfeiture and abandonment of such water rights. The notice must set forth the provisions of NRS 534.090.

    Sec. 5.  NRS 533.485 is hereby amended to read as follows:

    533.485  As used in NRS 533.485 to 533.510, inclusive [:] , and section 1 of this act:

    1.  “Public range” means all lands belonging to the United States and to the State of Nevada on which livestock are permitted to graze, including lands set apart as national forests and lands reserved for other purposes.

    2.  “Range livestock” shall mean livestock which during the general period or season when they are being or are proposed to be watered at the place involved shall be subsisting chiefly or entirely by grazing on the public range.”.

    Amend section 1, page 1, by deleting lines 4 through 7 and inserting: “livestock [on public lands unless the] unless:

    (a) The applicant for the permit is legally entitled to place the livestock on the [public] lands for which”.

    Amend section 1, page 1, line 12, by deleting “public grazing”.

    Amend section 1, page 2, line 3, by deleting “public grazing”.

    Amend section 1, page 2, by deleting lines 6 through 12.

    Amend section 1, page 2, line 13, by deleting “(c)” and inserting “(b)”.

    Amend section 1, page 2, by deleting lines 16 through 31 and inserting: “person other than the applicant for the permit; and

    (c) The lack of encumbrance required by paragraph (b) is demonstrated by reasonable means, including, without limitation, evidence of a valid grazing permit, other than a temporary grazing permit, that is issued by the appropriate governmental entity to the applicant for the permit.

    2.  The State Engineer shall not issue a certificate of appropriation based upon a permit to appropriate water for the purpose of watering livestock [on public lands unless the person who] unless:

    (a) The holder of the permit makes satisfactory proof that the water has been beneficially used , is legally entitled to place on the [land] lands”.

    Amend section 1, pages 2 and 3, by deleting lines 41 through 45 on page 2 and lines 1 through 3 on page 3.

    Amend section 1, page 3, line 4, by deleting “(c)” and inserting “(b)”.

    Amend section 1, page 3, by deleting lines 7 through 9 and inserting: “benefit of a person other than the holder of the permit; and

    (c) The lack of encumbrance required by paragraph (b) is”.

    Amend section 1, page 3, by deleting lines 13 and 14 and inserting: “holder of the permit.”.

    Amend section 1, page 3, by deleting lines 19 through 27 and inserting:

    4.  As used in this section, “grazing preference” means a priority position in the issuance of a permit to graze livestock on the public range.”.

    Amend sec. 2, page 3, by deleting lines 28 through 31 and inserting:

    Sec. 7.  The provisions of sections 2 and 6 of this act do not apply to a permit to appropriate water for the purposes of watering livestock or a certificate of appropriation based upon such a permit if the permit was issued by the State Engineer before the effective date of this act,”.

    Amend the bill as a whole by adding new sections designated sections 8 and 9, following sec. 2, to read as follows:

    Sec. 8.  The provisions of sections 1, 3, 4 and 5 of this act do not apply to a permit to appropriate water for the purposes of watering livestock or a certificate of appropriation based upon such a permit if the permit is issued by the State Engineer before the date on which sections 1, 3, 4 and 5 become effective, regardless of whether such a permit or certificate is transferred after that date.

    Sec. 9.  1.  This section and sections 2, 6 and 7 of this act become effective upon passage and approval.

    2.  If a court of competent jurisdiction invalidates all or part of section 6 of this act and an event described in paragraph (a), (b) or (c) of this subsection occurs on or before July 1, 2013, sections 2 and 6 of this act expire by limitation on:

    (a) The date on which the court of last resort upholds the final decision of the court of competent jurisdiction invalidating all or part of section 6 of this act;

    (b) The date on which the court of last resort declines to review the final decision of the court of competent jurisdiction invalidating all or part of section 6 of this act; or

    (c) The date of the day following the day on which the time for filing an appeal of the decision of the court of competent jurisdiction invalidating all or part of section 6 of this act expires, if no appeal is filed within that time,

whichever occurs first. If none of the events described in paragraphs (a), (b) and (c) of this subsection occur on or before July 1, 2013, sections 2 and 6 of this act do not expire by limitation pursuant to this act.

    3.  Sections 1, 3, 4, 5 and 8 of this act become effective on the date on which sections 2 and 6 of this act expire by limitation, if and only if, sections 2 and 6 of this act expire by limitation on or before July 1, 2013.

    4.  As used in this section, “court of last resort” means the court having the authority to consider the final appeal of the case.”.

    Amend the title of the bill, third line, by deleting: “on public grazing lands”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Revises provisions governing acquisition of water rights for purposes of watering livestock. (BDR 48‑670)”.

    Senator Rhoads moved the adoption of the amendment.

    Remarks by Senator Rhoads.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 114.

    Bill read second time.

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

    Amendment No. 455.

    Amend sec. 3, page 5, by deleting lines 9 through 23 and inserting: work.] recognized class of workman that will be employed on the public work.

    2.  To [establish] assist in establishing a prevailing wage in each county, including Carson City, the Labor Commissioner shall, annually, survey contractors who have performed work in the county.

    3.  Based on the information from the survey and the information set forth in subsection 4, the Labor Commissioner shall, annually, determine the prevailing rate of wages to be paid to each recognized class of workmen in each county, including, without limitation, Carson City, and must be determined to be the average”.

    Amend sec. 3, page 5, by deleting lines 27 through 31.

    Amend sec. 3, page 5, line 32, by deleting “3.  The” and inserting:

    4.  In addition to the information from the survey conducted pursuant to this section, the”.

    Amend sec. 3, page 6, line 2, by deleting: “on or before September 1 of”.

    Amend sec. 3, page 6, by deleting line 7 and inserting: “furnished by state and federal agencies, including data collected by any state agency regarding salaries and wages.”.

    Amend sec. 3, page 6, line 12, by deleting “4.” and inserting “5.”.

    Amend sec. 3, page 6, line 20, by deleting “5.” and inserting “6.”.

    Amend sec. 3, page 6, line 23, by deleting “8” and inserting “9”.

    Amend sec. 3, page 6, line 31, by deleting “6.” and inserting “7.”.

    Amend sec. 3, page 6, line 36, by deleting “5.” and inserting “6.”.

    Amend sec. 3, page 6, line 40, by deleting “7.” and inserting “8.”.

    Amend sec. 3, page 6, line 43, by deleting “8.” and inserting “9.”.

    Amend sec. 3, page 7, line 7, by deleting “9.” and inserting “10.”.

    Amend sec. 3, page 7, line 13, by deleting “10.” and inserting “11.”.

    Amend sec. 3, page 7, line 20, by deleting “3.” and inserting “4.”.

    Senator Hardy moved the adoption of the amendment.

    Remarks by Senator Hardy.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 127.

    Bill read second time.

    The following amendment was proposed by the Committee on Natural Resources:

    Amendment No. 281.

    Amend section 1, page 2, lines 17 and 18, by deleting: “a chemical accident caused by” and inserting: “an accident occurring in connection with”.

    Amend section 1, page 2, line 19, by deleting: “at a regulated” and inserting: “or explosives at a”.

    Amend section 1, page 2, line 20, by deleting “presents” and inserting “presented”.

    Amend section 1, page 2, line 21, by deleting “regulated”.

    Amend section 1, page 2, line 23, by deleting “accident.” and inserting: “accident if the owner or operator of the facility:

    (a) Is unwilling to commence and has not commenced an investigation in a timely manner; or

    (b) Is not capable of and has not retained expertise capable of conducting an investigation.

    2.”.

    Amend section 1, page 2, lines 24, 26, 27, 37 and 38, by deleting “regulated”.

    Amend section 1, page 2, line 41, by deleting “2.” and inserting “3.”.

    Amend section 1, page 2, lines 44 and 45, by deleting “regulated”.

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

    Amend section 1, page 3, line 4, by deleting “regulated”.

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

    Amend section 1, page 3, line 8, by deleting “3,” and inserting “4,”.

    Amend section 1, page 3, line 9, by deleting “regulated”.

    Amend section 1, page 3, line 11, by deleting “5.” and inserting “6.”.

    Amend sec. 2, page 3, line 19, by deleting “459.3804” and inserting “[459.3804] 459.3806”.

    Amend the bill as a whole by deleting sections 3 and 4 and renumbering sec. 5 as sec. 3.

    Amend sec. 5, page 4, by deleting lines 8 through 15 and inserting:

    “1.  Any activity that involves a highly hazardous substance [listed in NRS 459.3816 or in a regulation of the Division adopted pursuant to NRS 459.3833, and includes,] or explosive, including, without limitation, the use, storage, manufacture, handling or on-site movement , [of the substance,] or any combination thereof [.] of the substance or explosive.”.

    Amend sec. 5, page 4, lines 19 and 20, by deleting: “which makes possible the release of a substance [.] or explosive.” and inserting: [which makes possible the release of a substance.] that a highly hazardous substance or explosive could potentially be released, including, without limitation, the release, fire or explosion in one vessel that could cause a release, fire or explosion in another vessel.

    3.  As used in this section:

    (a) “Explosive” means any material designated as subject to regulation as an explosive pursuant to NRS 459.3816; and

    (b) “Highly hazardous substance” means a substance designated as highly hazardous pursuant to NRS 459.3816.”.

    Amend the bill as a whole by renumbering sections 6 through 8 as sections 5 through 7 and adding a new section designated sec. 4, following sec. 5, to read as follows:

    Sec. 4.  NRS 459.381 is hereby amended to read as follows:

    459.381  [“Regulated facility”] “Facility” means a building, equipment and contiguous area where:

    1.  Highly hazardous substances are produced, used, stored or handled; or

    2.  Explosives are manufactured for sale.”.

    Amend sec. 6, page 4, by deleting lines 24 through 31 and inserting: “inclusive, and section 1 of this act and any regulations adopted pursuant thereto, apply to a [regulated facility that:

    (a) Produces, uses, stores or handles] facility:

    (a) That is constructing or operating a process which involves a highly hazardous substance in a quantity:

        (1) Equal to or greater than the amount [set forth in] designated pursuant to NRS 459.3816; or

        (2) Less than the amount [set forth in] designated pursuant to NRS 459.3816 if there are two or more releases from the [regulated] facility of the same or different highly hazardous”.

    Amend sec. 6, pages 4 and 5, by deleting lines 38 through 45 on page 4 and lines 1 through 4 on page 5, and inserting:

    “(b) [Manufactures] Where explosives are manufactured for sale.

    2.  The owner or operator of a facility that is constructing or operating a process described in subsection 1 shall ensure that each process constructed or operated by the facility complies with the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto.

    3.  A [regulated] facility described in subparagraph (2) of paragraph (a) of subsection 1 is exempt from [complying with] the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto if:

    (a) The Division determines that the [regulated facility has:

        (1) Carried out the detailed plan to abate hazards recommended pursuant to subsection 3 of NRS 459.3852; and

        (2) Complied] owner or operator of the facility has complied with such [other] provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and the regulations adopted pursuant thereto, as the Division requires; and

    (b) The [regulated] owner or operator of the facility obtains an exemption from the State”.

    Amend sec. 6, page 5, by deleting lines 8 through 10 and inserting:

    [3.] 4.  As used in this section [, “highly] :

    (a) “Explosive” means any [substance] material designated as [such in NRS 459.3816 or any regulations adopted pursuant thereto.] subject to regulation as an explosive pursuant to NRS 459.3816.

    (b) “Highly hazardous substance” means a substance designated as highly hazardous pursuant to NRS 459.3816.”.

    Amend sec. 8, pages 9 and 10, by deleting lines 42 through 44 on page 9 and line 1 on page 10 and inserting: “including, without limitation, any chemical, the release of which into the environment or the”.

    Amend sec. 8, page 10, line 11, by deleting “Government,” and inserting: “Government and the provisions set forth in 29 U.S.C. § 655 and 42 U.S.C. § 7412(r),”.

    Amend sec. 8, page 10, line 22, by deleting “Government,” and inserting: “Government and the provisions set forth in 18 U.S.C. §§ 841, et seq.,”.

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

    Sec. 8.  NRS 459.3818 is hereby amended to read as follows:

    459.3818  1.  [The Division] In addition to the regulations required to be adopted pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act, the State Environmental Commission shall adopt such other regulations as are necessary to carry out the purposes and enforce the provisions of NRS 459.380 to 459.3874, inclusive [.] , and section 1 of this act. The regulations must include, without limitation:

    (a) Specifications for the applicability of the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto;

    (b) The establishment of a program for the prevention of accidental releases of chemicals that satisfies the provisions of the chemical process safety standard set forth pursuant to 29 U.S.C. § 655;

    (c) Provisions necessary to enable the Division to administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto;

    (d) Requirements for the registration of a facility with the Division; and

    (e) Provisions to ensure that the public is involved in the process of evaluating proposed regulatory actions that may affect the public.

    2.  The Division shall [make] :

    (a) Administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto; and

    (b) Make every effort to involve advisory councils on hazardous materials, where they exist, the governing bodies of local governments and other interested persons in explaining actions taken pursuant to those sections and the regulations adopted pursuant thereto.

    3.  The State Environmental Commission must apply the provisions of NRS 459.380 to 459.3874, inclusive, to dealers of liquefied petroleum gas who sell, fill, refill, deliver or are permitted to deliver any liquefied petroleum gas in a manner that is consistent with 42 U.S.C. § 7412(r)(4)(B).

    4.  As used in this section, “liquefied petroleum gas” has the meaning ascribed to it in NRS 590.475.”.

    Amend sec. 9, pages 10 and 11, lines 32, 38, 40 and 43 on page 10 and lines 1 and 4 on page 11, by deleting “regulated” and inserting “[regulated]”.

    Amend sec. 9, page 11, line 6, after “statute” by inserting “or regulation,”.

    Amend the bill as a whole by renumbering sec. 10 as sec. 12 and adding new sections designated sections 10 and 11, following sec. 9, to read as follows:

    Sec. 10.  NRS 459.382 is hereby amended to read as follows:

    459.382  1.  The Health Division of the Department of Human Resources, the Division of Industrial Relations of the Department of Business and Industry and any other governmental entity or agency of the State responsible for minimizing risks to persons and property posed by [regulated] facilities and hazardous substances shall submit to the Division of Environmental Protection such reports as the Division deems necessary to carry out the provisions of NRS 459.380 to 459.3874, inclusive [.] , and section 1 of this act and any regulations adopted pursuant thereto. The reports must be submitted at such times and contain such information as required by the Division.

    2.  The [Division] State Environmental Commission shall adopt by regulation common reporting forms to be used by such governmental entities and agencies when reporting information related to hazardous substances and [regulated] facilities.

    3.  The Division shall review the rules, regulations, standards, codes and safety orders of other governmental entities and agencies of the State responsible for minimizing risks to persons and property posed by [regulated] facilities and hazardous substances to ensure that they are sufficient to carry out the provisions of NRS 459.380 to 459.3874, inclusive [.] , and section 1 of this act and any regulations adopted pursuant thereto.

    4.  If the Division and any other governmental entity or agency of the State have coexisting jurisdiction over the regulation of [regulated] facilities or hazardous substances located at such facilities, the Division has the final authority to take such actions as are necessary to carry out the provisions of NRS 459.380 to 459.3874, inclusive [.] , and section 1 of this act and any regulations adopted pursuant thereto.

    Sec. 11.  NRS 459.3822 is hereby amended to read as follows:

    459.3822  1.  [Any] The owner or operator of a facility shall, upon request, submit any records, reports or other information to the Division that the Division deems necessary to administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto.

    2.  Except as otherwise provided in this section, any records, reports or other information obtained pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act or any regulation adopted pursuant thereto must be made available to the public for inspection and copying. [If protection of a trade secret pursuant to NRS 459.3846 requires a deletion, the deletion must be limited to that information essential for compliance. In the event of deletion, the Division shall substitute language generally describing what was deleted, without revealing the trade secret, so that the information contained in the record or report is comprehensible.

    2.] 3.  The Division shall protect the confidentiality of any information obtained by the Division, including, without limitation, any information obtained through an observation made by the Division during a visit to a facility if:

    (a) The owner or operator of the facility from which the information was obtained or which was visited requests such protection; and

    (b) The information satisfies the conditions for protection as a trade secret pursuant to subsection 4.

    4.  Information is entitled to protection as a trade secret under this section only if:

    (a) The information has not been disclosed to any other person, other than a member of a local emergency planning committee, an officer or employee of the United States or a state or local government, an employee of such a person, or a person who is bound by an agreement of confidentiality, and the owner or operator of the facility has taken reasonable measures to protect the confidentiality of the information and intends to continue to take such measures;

    (b) The information is not required to be disclosed, or otherwise made available, to the public under any other federal or state law;

    (c) Disclosure of the information is likely to cause substantial harm to the competitive position of the owner or operator of the facility; and

    (d) The chemical identity of a substance, if that is the information, is not readily discoverable through analysis of the product containing it or scientific knowledge of how such a product must be made.

    5.  The State Environmental Commission shall adopt regulations for the protection of the confidentiality of information entitled to protection as a trade secret pursuant to this section.

    6.  The person requesting the copy or copies of the public records, shall tender or pay to the Division such fee as may be prescribed for the service of copying.”.

    Amend sec. 10, page 11, line 41, by deleting: “of a regulated” and inserting: “or operator of a [regulated]”.

    Amend sec. 10, page 11, line 43, by deleting “regulated”.

    Amend sec. 10, page 12, line 4, by deleting: “of a regulated” and inserting: “or operator of a [regulated]”.

    Amend sec. 10, page 12, line 7, by deleting “act.” and inserting: “act and any regulations adopted pursuant thereto.”.

    Amend sec. 10, page 12, line 10, by deleting “regulated”.

    Amend sec. 10, page 12, line 12, by deleting: “of a regulated” and inserting: “or operator of a [regulated]”.

    Amend sec. 10, page 12, by deleting line 15 and inserting:

    “4.  The State Environmental Commission may modify the amount of the annual fee required pursuant to this section and the timing for payment of the annual fee:

    (a) To include consideration of any fee paid to the Division for a permit to construct a new process or commence operation of a new process pursuant to NRS 459.3829; and

    (b) If any regulations adopted pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act require such a modification.

    5.  The owner or operator of a [regulated] facility shall submit, with any”.

    Amend sec. 10, page 12, by deleting lines 20 through 22 and inserting:

    [5.] 6.  All fees [collected pursuant to this section and] fines, penalties and other money collected pursuant to NRS [459.3833, 459.3834 and 459.3874, and any interest earned thereon,] 459.380 to 459.3874, inclusive, and section 1 of this act and any regulations adopted pursuant thereto, other than a fine collected pursuant to subsection 3 of NRS 459.3834, must be deposited with the State”.

    Amend sec. 10, page 12, line 24, after “fund.” by inserting: “All interest earned on the money in the Fund must be credited to the Fund.”.

    Amend the bill as a whole by renumbering sections 11 through 14 as sections 18 through 21 and adding new sections designated sections 13 through 17, following sec. 10, to read as follows:

    Sec. 13.  NRS 459.3829 is hereby amended to read as follows:

    459.3829  1.  No owner or operator of a [regulated] facility may commence construction or operation of any new process that will be subject to regulation pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act or any regulation adopted pursuant thereto, unless he first obtains all appropriate permits from the Division to construct the new process [or] and commence operation of the new process . [, or both.] Before issuing any such permits, the Division of Environmental Protection shall consult with the Division of Industrial Relations of the Department of Business and Industry.

    2.  An application for such a permit must be submitted on a form prescribed by the Division [.

    3.  The Division may require the applicant to] of Environmental Protection.

    3.  The State Environmental Commission shall adopt regulations establishing the requirements for the issuance of a permit pursuant to this section. An applicant shall comply with requirements that [it] the State Environmental Commission establishes by regulation for the issuance of a permit before [issuing any permits] the applicant may receive a permit from the Division for the construction and operation of the process.

    4.  The Division may charge and collect a fee for the issuance of such a permit. [All fees collected pursuant to this section and any interest earned thereon must be deposited with the State Treasurer for credit to the Fund for Precaution Against Chemical Accidents created pursuant to NRS 459.3824.]

    Sec. 14.  NRS 459.3832 is hereby amended to read as follows:

    459.3832  1.  [All forms for registration, reports on safety and reports on the assessment of risk through analysis of hazards must contain a certification in one of the following two forms:

    (a) “I certify under penalty of law that the information provided in this document is true, accurate and complete. I am aware that there are significant civil and criminal penalties for submitting false, inaccurate or incomplete information, including fines or imprisonment, or both.”

    (b) “I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attached documents and that based on my inquiry of the natural persons immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant civil and criminal penalties for submitting false information, including the possibility of fines or imprisonment, or both.”

    2.]  The State Environmental Commission shall adopt regulations setting forth:

    (a) The records, reports and information submitted to the Division which must contain a certification; and

    (b) The requirements of such certifications.

    2.  Each certification must be signed by the sole proprietor of the facility, the highest ranking corporate officer or partner at the facility, the manager of the facility, or a person designated by any one of those persons to sign the certification.

    Sec. 15.  NRS 459.3833 is hereby amended to read as follows:

    459.3833  1.  The State Department of Conservation and Natural Resources may, in accordance with the authority granted to it pursuant to NRS 445B.205, apply for and accept any delegation of authority and any grant of money from the Federal Government for the purpose of establishing and carrying out a program to prevent and minimize the consequences of the accidental release of hazardous substances in accordance with the provisions of 42 U.S.C. § 7412(r).

    2.  The State Environmental Commission may [adopt such regulations as it determines are] adopt regulations necessary to establish and carry out such a program. [The regulations must:

    (a) Establish a list of hazardous substances and the quantities thereof that will be regulated pursuant to the program.

    (b) Provide that the provisions of NRS 459.3824, 459.3826 and 459.3828 apply to all facilities regulated pursuant to the program.

    (c) Provide that a person who violates any such regulation or the provisions of NRS 459.3824, 459.3826 or 459.3828 is, in addition to any penalty that may apply pursuant to NRS 459.3834, subject to a civil administrative penalty not to exceed $10,000 per day of the violation, and that each day on which the violation continues constitutes a separate and distinct violation. Any penalty imposed pursuant to this paragraph may be recovered with costs in a summary proceeding by the Attorney General.

    3.  The Division:

    (a) Shall carry out and enforce the provisions of the program.

    (b) May enter into cooperative agreements with other agencies of this state for the enforcement of specific provisions of the program.

    4.  The Division may compromise and settle any claim for any penalty under this section in such amount in the discretion of the Division as may appear appropriate and equitable under all of the circumstances, including the posting of a performance bond by the violator. If a violator is subject to the imposition of more than one civil administrative penalty for the same violation, the Division shall compromise and settle the claim for the penalty under this section in such amount as to avoid the duplication of penalties.

    5.  If a person violates any regulation adopted pursuant to subsection 2, or the provisions of NRS 459.3824, 459.3826 or 459.3828, the Division may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent the violation and the court may proceed in the action in a summary manner.]

    Sec. 16.  NRS 459.3834 is hereby amended to read as follows:

    459.3834  1.  A person [subject to the regulations adopted by the State Environmental Commission pursuant to NRS 459.3833] shall not knowingly:

    (a) Violate any [such regulation or the provisions of NRS 459.3824, 459.3826 or 459.3828;] provision of NRS 459.380 to 459.3874, inclusive, and section 1 of this act or any regulation adopted pursuant thereto;

    (b) Make any false material statement, representation or certification in any required form, notice or report; or

    (c) Render inaccurate any required monitoring device or method.

    2.  [A] Except as otherwise provided in subsection 3, a person who violates subsection 1 shall be punished by a fine of not more than [$10,000] $25,000 per day of the violation, and each day on which the violation continues constitutes a separate and distinct violation.

    3.  A person who violates subsection 1 in a manner that contributes to the substantial bodily harm or death of any person is guilty of a category D felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000 for each day of the violation, or by both fine and the punishment provided in NRS 193.130.

    Sec. 17.  NRS 459.3866 is hereby amended to read as follows:

    459.3866  1.  After giving reasonable notice to the facility it oversees and after making arrangements to ensure that the normal operations of the facility will not be disrupted, a committee is entitled to receive from the facility such records and documents as the committee demonstrates are required to carry out its duties. The committee is entitled to receive only those records and documents which cannot be obtained from the Division.

    2.  A committee is entitled to receive from any governmental entity or agency records, documents and other materials relevant to the committee’s review and evaluation of the facility to carry out its duties.

    3.  In carrying out its duties a committee and the Attorney General may, by subpoena, require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary. Before obtaining such a subpoena, the committee or the Attorney General shall request the attendance of the witness or the production of the reports, papers, documents or other evidence. If the person to whom the request is made fails or refuses to attend or produce the reports, documents or other evidence, the committee and the Attorney General may obtain the subpoena requiring him to do so.

    4.  In carrying out its duties, a committee may make informal inquiry of persons or entities with knowledge relevant to the committee’s review and evaluation of the facility it oversees. Any committee which makes such informal inquiries shall advise the facility of those inquiries and of the results of the inquiries.

    5.  If the owner or operator of a facility claims that the disclosure of information to a committee will reveal a trade secret or confidential information, the owner or operator must specifically identify such information as confidential. When such an identification has been made, the [provisions of NRS 459.3846 apply.] committee shall protect the confidentiality of the trade secret or information if the trade secret or information would be entitled to protection pursuant to NRS 459.3822.

    6.  A committee or its authorized representative may, to carry out its duties , enter and inspect the facility overseen, its records and other relevant materials. Before such an inspection is made, the committee shall provide reasonable notice to the facility. The inspection must be conducted in such a manner as to ensure that the operations of the facility will not be disrupted.

    7.  The Attorney General is counsel and attorney to each committee for the purposes of carrying out its duties and powers.

    8.  The members of a committee may make public comment with regard to their review and evaluation of the facility it oversees. At least 24 hours before making any formal comment, the committee shall advise the facility of its intention to do so and provide the facility with a summary of the comments that will be made.

    9.  A committee may review and make recommendations to the reviewing authority as to any applications for permits to construct, substantially alter or operate submitted by a facility which has been the subject of the committee’s review and evaluation.”.

    Amend sec. 11, page 12, line 26, by deleting “regulated”.

    Amend sec. 11, page 12, line 33, after “act” by inserting: “, any regulation adopted pursuant thereto”.

    Amend sec. 11, page 12, lines 35 and 36, by deleting “regulated”.

    Amend sec. 11, page 13, by deleting line 21 and inserting: “the report.] The State Environmental Commission shall adopt regulations establishing requirements for:

    (a) The inspection of a facility; and

    (b) The report of a record of inspection.

    3.  If the Administrator of the Division finds that any”.

    Amend sec. 11, page 13, line 34, by deleting “Division” and inserting “Administrator”.

    Amend sec. 11, page 13, line 36, by deleting “3.” and inserting “4.”.

    Amend sec. 11, page 13, line 37, by deleting “regulated”.

    Amend sec. 11, page 13, line 39, by deleting “may” and inserting: “may, after the Division has inspected the site and after the Administrator has had a consultation with the owner or operator of the facility and the owner or operator fails to correct the threat,”.

    Amend sec. 11, page 13, line 40, by deleting “regulated”.

    Amend sec. 12, page 13, line 45, by deleting “459.386,” and inserting “[459.386,] 459.3834,”.

    Amend sec. 12, page 14, line 8, by deleting “459.386,” and inserting “[459.396,] 459.3834,”.

    Amend sec. 12, page 14, by deleting lines 23 and 24 and inserting: “a final order [after assessing] and assess the amount of the fine . [specified in the notice.] If no hearing is requested, the notice becomes a final order”.

    Amend sec. 13, pages 14 and 15, by deleting lines 36 through 44 on page 14 and lines 1 through 33 on page 15, and inserting:

                  Category of Offense                  Penalty in U.S. Dollars

A. Failure to register a new or existing [regulated] facility: $25,000 plus $2,000 per day

from the due date

B. Failure to pay the fee required pursuant to

NRS 459.3824: 75 percent of the fee

C. [Failure to submit a safety report: $10,000 plus $1,000 per day

from the due date

D. Failure to conduct an assessment of risk through analysis of hazards pursuant to the conditions set forth in NRS 459.3844: $25,000

E. Failure to put into effect plan: $50,000

F. Failure to comply with plan to reduce accidents and schedule of compliance: up to $5,000

G. Failure to comply with approved plan to reduce accidents, each requirement: up to $10,000

H.] Failure to provide information requested by the Division: $25,000

[I.] D. Failure to grant access to employees or agents of the Division for inspections: $25,000

[J.] E. Failure to provide information or grant access to employees or agents of the Division during an emergency: $50,000

[K.] F. Falsification of information submitted to the Division: up to $10,000 per incident

[L.] G. Failure to obtain a permit for the construction of a new [regulated] facility: $25,000

H. Failure to comply with a regulation adopted pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act, other than a regulation for which a civil administrative penalty is set forth in category A to G, inclusive: $10,000 per incident

The civil administrative penalty prescribed in category H may be assessed for each regulatory provision that is violated. The civil administrative penalty prescribed in category [L] G may be assessed against a contractor who is constructing the [regulated] facility only if the contractor is contractually responsible for obtaining all appropriate permits for the construction of the [regulated] facility and the contractor knows or has reason to know the planned use of the [regulated] facility.”.

    Amend sec. 13, page 16, line 2, by deleting “459.386,” and inserting “[459.386,] 459.3834,”.

    Amend sec. 14, page 18, by deleting line 32 and inserting: “United States.] means a material subject to regulation as an explosive pursuant to NRS 459.3816.”.

    Amend the bill as a whole by renumbering sections 15 and 16 as sections 24 and 25 and adding new sections designated sections 22 and 23, following sec. 14, to read as follows:

    Sec. 22.  NRS 459.3804, 459.3807, 459.3808, 459.3812, 459.3826, 459.3828, 459.383, 459.3836, 459.3837, 459.384, 459.3842, 459.3844, 459.3846, 459.3848, 459.385, 459.3852, 459.3854, 459.3856, 459.3858 and 459.386 are hereby repealed.

    Sec. 23.  Any regulations adopted by the Division of Environmental Protection of the State Department of Conservation and Natural Resources pursuant to a provision of NRS which was amended or repealed by this act remain in force until amended by the State Environmental Commission and such regulations may be enforced by the Division.”.

    Amend sec. 15, page 18, line 34, by deleting “8” and inserting “7”.

    Amend sec. 16, page 18, by deleting lines 37 through 43 and inserting:

    Sec. 25.  1.  This section and section 23 of this act become effective upon passage and approval.

    2.  Sections 1 to 22, inclusive, and 24 of this act become effective upon passage and approval for the purpose of adopting regulations and on October 1, 2003, for all other purposes.”.

    Amend the bill as a whole by adding the leadlines of repealed sections, following sec. 16, to read as follows:

“TEXT OF REPEALED SECTION

    459.3804  “Chemical accident” defined.

    459.3807  “Explosive” defined.

    459.3808  “Hazard” defined.

    459.3812  “Risk” defined.

    459.3826  Payment of fees upon opening of new regulated facility or registration of new highly hazardous substance or explosive.

    459.3828  Form for registration; contents of form; time for filing.

    459.383  Report on safety; contents of report; current information required.

    459.3836  Periodic assessments required; duties of owner or operator of facility and person conducting assessment.

    459.3837  Prerequisites to introduction of new highly hazardous substance or explosive into regulated facility.

    459.384  Designation of persons capable of performing assessment; documentation of ability to perform assessment.

    459.3842  Description of how assessment will be conducted; qualifications of persons conducting assessment.

    459.3844  Approval or rejection of persons designated to perform assessment; selection by Division; conditions for conducting assessment.

    459.3846  Report of assessment; severable addendum containing trade secrets; report required pursuant to federal law sufficient; conditions for protection as trade secret.

    459.3848  Contents of findings of person conducting assessment.

    459.385  Contents of conclusions of person conducting assessment.

    459.3852  Contents of recommendations of person conducting assessment.

    459.3854  Notice of receipt of report of assessment; modifications to plan to abate hazards; effective date of plan.

    459.3856  Contents of proposed modifications to plan to abate hazards; dissemination of proposed modifications.

    459.3858  Hearing on proposed modifications to plan to abate hazards; notice; record of proceeding.

    459.386  Issuance of decision of Division; notice of decision; effective date of plan to reduce accidents; inspection of facility to verify compliance with plan and schedule of abatement.”.

    Amend the bill as a whole by deleting the preamble.

    Amend the title of the bill to read as follows:

    “AN ACT relating to hazardous materials; authorizing the Division of Environmental Protection of the State Department of Conservation and Natural Resources to investigate certain accidents at facilities; providing for the recovery by the Division of its costs incurred in conducting such an investigation; deleting the statutory list of highly hazardous substances; requiring the State Environmental Commission to adopt regulations designating a list of highly hazardous substances and designating specific materials that are subject to regulation as explosives; revising the provisions relating to the regulation of facilities and the disclosure of records and information of facilities involved in the use, production, storage or handling of highly hazardous substances or in the manufacture of explosives; requiring the Commission to adopt certain regulations concerning such facilities; authorizing the Administrator of the Division to issue certain orders; providing penalties; and providing other matters properly relating thereto.”.

    Senator Rhoads moved the adoption of the amendment.

    Remarks by Senator Rhoads.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 131.

    Bill read second time.

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

    Amendment No. 375.

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

    Section 1.  1.  The Legislative Commission shall appoint a subcommittee to conduct a study relating to mold in structures. The subcommittee must consist of three members of the Senate and three members of the Assembly. At least one member appointed from each House must be appointed from the membership of the respective standing committees on Commerce and Labor during the immediately preceding session of the Legislature.

    2.  The study must include, but is not limited to:

    (a) Standards, procedures, and techniques for the inspection and testing for mold, including, but not limited to, visual inspection, surface sampling, air monitoring and laboratory analysis;

    (b) Standards, procedures and techniques for the remediation of mold, including, but not limited to, procedures and techniques for the enclosure or removal of mold or material containing mold from a building or structure, including any associated mechanical systems inside or outside the building or structure;

    (c) Standards, procedures and techniques for the disposal of mold and material containing mold;

    (d) Standards for the assessment of the exposure of occupants of a building or structure to mold, including, but not limited to, assessing the need to respond to the presence of mold, and to determine which buildings or structures are most in need of such a response;

    (e) Standards and qualifications for the licensing of persons engaged in the control of mold, including testing and inspecting for mold, and remediation of mold; and

    (f) Standards and qualifications for trainers and courses of education for licensees engaged in inspecting and testing for mold and in remediation of mold.

    3.  The subcommittee shall seek information from various representatives of persons who inspect and test for mold, contractors who engage in the remediation of mold, insurers who cover damage to structures caused by water intrusion, health experts with experience in studying, detecting and eliminating mold and in treating patients with mold-related health problems, and public agencies involved with regulating mold control projects, contractors and public health.

    4.  Any legislation recommended by the subcommittee must be approved by a majority of the members of the Assembly and by a majority of the members of the Senate appointed to the subcommittee.

    5.  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.

    Sec. 2.  This act becomes effective on July 1, 2003.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to the control of mold; directing the Legislative Commission to appoint a subcommittee to conduct a study relating to mold in structures; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Directs Legislative Commission to appoint subcommittee to conduct study relating to mold in structures. (BDR S‑221)”.

    Senator Townsend moved the adoption of the amendment.

    Remarks by Senator Townsend.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 139.

    Bill read second time.

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

    Amendment No. 444.

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

    Section 1.  Chapter 645 of NRS is hereby amended by adding thereto a new section to read as follows:

    “Property management agreement” means a written contract between a client and a broker in which the broker agrees to accept valuable consideration from the client or another person for providing property management for the client.

    Sec. 2.  NRS 645.0005 is hereby amended to read as follows:

    645.0005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645.001 to 645.040, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.”.

    Amend section 1, page 1, line 6, after “property.” by inserting: “The term does not include a property management agreement.”.

    Amend the bill as a whole by deleting sec. 2, renumbering sections 3 and 4 as sections 6 and 7 and adding new sections designated sections 4 and 5, following section 1, to read as follows:

    Sec. 4.  NRS 645.009 is hereby amended to read as follows:

    645.009  “Client” means a person who has entered into a brokerage agreement with a [licensee.] broker or a property management agreement with a broker.

    Sec. 5.  NRS 645.019 is hereby amended to read as follows:

    645.019  “Property management” means the physical, administrative or financial maintenance and management of real property, or the supervision of such activities for a fee, commission or other compensation or valuable consideration, pursuant to a [brokerage] property management agreement.”.

    Amend the bill as a whole by adding new sections designated sections 8 through 10, following sec. 4, to read as follows:

    Sec. 8.  NRS 645.6056 is hereby amended to read as follows:

    645.6056  1.  A real estate broker who holds a permit to engage in property management shall not act as a property manager unless the broker has first obtained a [written brokerage] property management agreement signed by the broker and the client for whom the broker will manage the property.

    2.  A [brokerage agreement for] property management agreement must include, without limitation:

    (a) The term of the agreement [;] and, if the agreement is subject to renewal, provisions clearly setting forth the circumstances under which the agreement may be renewed and the term of each such renewal;

    (b) A provision for the retention and disposition of deposits of the tenants of the property during the term of the agreement [;] and, if the agreement is subject to renewal, during the term of each such renewal;

    (c) The fee or compensation to be paid to the broker; [and]

    (d) The extent to which the broker may act as the agent of the client [.] ; and

    (e) If the agreement is subject to cancellation, provisions clearly setting forth the circumstances under which the agreement may be cancelled. The agreement may authorize the broker or the client, or both, to cancel the agreement with cause or without cause, or both, under the circumstances set forth in the agreement.


    Sec.  9.  NRS 645.630 is hereby amended to read as follows:

    645.630  The Commission may require a licensee, property manager or owner-developer to pay an administrative fine of not more than $5,000 for each violation he commits or suspend, revoke, deny the renewal of or place conditions upon his license, permit or registration, or impose any combination of those actions, at any time if the licensee, property-manager or owner-developer has, by false or fraudulent representation, obtained a license, permit or registration, or the licensee, property manager or owner‑eveloper, whether or not acting as such, is found guilty of:

    1.  Making any material misrepresentation.

    2.  Making any false promises of a character likely to influence, persuade or induce.

    3.  Accepting a commission or valuable consideration as a real estate broker-salesman or salesman for the performance of any of the acts specified in this chapter or chapter 119 or 119A of NRS from any person except the licensed real estate broker with whom he is associated or the owner‑developer by whom he is employed.

    4.  Representing or attempting to represent a real estate broker other than the broker with whom he is associated, without the express knowledge and consent of the broker with whom he is associated.

    5.  Failing to maintain, for review and audit by the Division, each brokerage agreement and property management agreement governed by the provisions of this chapter and entered into by the licensee.

    6.  Failing, within a reasonable time, to account for or to remit any money which comes into his possession and which belongs to others.

    7.  If he is required to maintain a trust account:

    (a) Failing to balance the trust account at least monthly; and

    (b) Failing to submit to the Division an annual accounting of the trust account as required in NRS 645.310.

    8.  Commingling the money or other property of his clients with his own or converting the money of others to his own use.

    9.  In the case of a broker-salesman or salesman, failing to place in the custody of his licensed broker or owner-developer, as soon as possible, any deposit or other money or consideration entrusted to him by any person dealing with him as the representative of his licensed broker.

    10.  Accepting other than cash as earnest money unless that fact is communicated to the owner before his acceptance of the offer to purchase and that fact is shown in the receipt for the earnest money.

    11.  Upon acceptance of an agreement, in the case of a broker, failing to deposit any check or cash received as earnest money before the end of the next banking day unless otherwise provided in the purchase agreement.

    12.  Inducing any party to a brokerage agreement, property management agreement, agreement of sale or lease to break it in order to substitute a new brokerage agreement, property management agreement, agreement of sale or lease with the same or another party if the inducement to make the substitution is offered to secure personal gain to the licensee or owner‑developer.

If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the [Board.] Division.

    Sec. 10.  NRS 645.633 is hereby amended to read as follows:

    645.633  1.  The Commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:

    (a) Willfully using any trade name, service mark or insigne of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.

    (b) Violating any order of the Commission, any agreement with the Division, any of the provisions of this chapter, chapter 116, 119, 119A, 119B, 645A or 645C of NRS or any regulation adopted [thereunder.] pursuant thereto.

    (c) Paying a commission, compensation or a finder’s fee to any person for performing the services of a broker, broker-salesman or salesman who has not secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.

    (d) A felony, or has entered a plea of guilty, guilty but mentally ill or nolo contendere to a charge of felony or any crime involving fraud, deceit, misrepresentation or moral turpitude.

    (e) Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.

    (f) Failure to include a fixed date of expiration in any written brokerage agreement or failure to leave a copy of [the] such a brokerage agreement or any property management agreement with the client.

    (g) Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a client.

    (h) Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter, chapter 119, 119A or 119B of NRS.

    (i) Any other conduct which constitutes deceitful, fraudulent or dishonest dealing.

    (j) Any conduct which took place before he became licensed, which was in fact unknown to the Division and which would have been grounds for denial of a license had the Division been aware of the conduct.

    (k) Knowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesman or salesman, with or on behalf of the licensee.

    (l) Recording or causing to be recorded a claim pursuant to the provisions of NRS 645.8701 to 645.8811, inclusive, that is determined by a district court to be frivolous and made without reasonable cause pursuant to NRS 645.8791.

    2.  The Commission may take action pursuant to NRS 645.630 against a person who is subject to that section for the suspension or revocation of a real estate broker’s, broker-salesman’s or salesman’s license issued to him by any other jurisdiction.

    3.  The Commission may take action pursuant to NRS 645.630 against any person who:

    (a) Holds a permit to engage in property management issued pursuant to NRS 645.6052; and

    (b) In connection with any property for which the person has obtained a [written brokerage agreement to manage the] property management agreement pursuant to NRS 645.6056:

        (1) Is convicted of violating any of the provisions of NRS 202.470;

        (2) Has been notified in writing by the appropriate governmental agency of a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to inform the owner of the property of such notification; or

        (3) Has been directed in writing by the owner of the property to correct a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to correct the potential violation, if such corrective action is within the scope of the person’s duties pursuant to the [written brokerage] property management agreement.

    4.  The Division shall maintain a log of any complaints that it receives relating to activities for which the Commission may take action against a person holding a permit to engage in property management pursuant to subsection 3.

    5.  On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

    (a) Any complaints included in the log maintained by the Division pursuant to subsection 4; and

    (b) Any disciplinary actions taken by the Commission pursuant to subsection 3.”.

    Amend the title of the bill by deleting the third through fifth lines and inserting: “provisions governing property management agreements; revising provisions which require real”.

    Senator Townsend moved the adoption of the amendment.

    Remarks by Senator Townsend.

    Senator Townsend disclosed that his wife is a property manager.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 147.

    Bill read second time.

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


    Amendment No. 453.

    Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 through 9 as sections 4 through 8.

    Amend sec. 5, page 4, by deleting lines 16 through 19 and inserting: “may issue the subpoena. Failure of the public officer or public employee to comply with the written request of the Executive Director [constitutes good cause for extension] shall be deemed a waiver by the public officer or public employee of the time set forth in subsections 3 and 4 of NRS 281.511.”.

    Amend sec. 6, page 5, by deleting lines 17 through 20 and inserting: “exemptions or advantages for himself, [any member of his household,] any business entity in which he has a significant pecuniary interest, or any [other person.] person to whom he has a commitment in a private capacity to the interests of that person. As used in this subsection [, “unwarranted”] :

    (a) “Commitment in a private capacity to the interests of that person” has the meaning ascribed to “commitment in a private capacity to the interests of others” in subsection 7 of NRS 281.501.

    (b) “Unwarranted” means without justification or adequate reason.”.

    Amend sec. 8, page 10, by deleting lines 6 through 12 and inserting: “relevant to the request. The Executive Director shall complete an investigation and present his recommendation relating to just and sufficient cause to the panel within [15] 45 days after the receipt of or the motion of the Commission for the request, unless the [panel extends the time for a period not to exceed 30 days upon the request of the Executive Director for good cause shown or the request of the] public officer or employee [.] waives this time limit. If the Executive Director determines”.

    Amend sec. 8, page 10, by deleting line 21 and inserting: “recommendation. Within 15 days after the Executive”.

    Amend sec. 8, page 10, by deleting lines 25 through 27 and inserting: “opinion in the matter, unless the [Commission extends the time for a period not to exceed 30 days upon the request of the panel for good cause shown or the request of the] public officer or employee [.] waives this time limit.”.

    Amend sec. 8, page 10, by deleting lines 39 through 42 and inserting: “in the matter within 30 days after the determination of just and sufficient cause by the panel, unless the [Commission extends the time for a period not to exceed 30 days for good cause shown or upon the request of the] public officer or employee [.] waives this time limit.”.

    Amend the bill as a whole by deleting sections 10 and 11 and renumbering sections 12 through 16 as sections 9 through 13.

    Amend the title of the bill, ninth line, by deleting “removing” and inserting “revising”.

    Senator Care moved the adoption of the amendment.

    Remarks by Senators Care, Neal and Titus.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.


    Senate Bill No. 156.

    Bill read second time.

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

    Amendment No. 325.

    Amend section 1, page 1, line 3, by deleting “section,” and inserting: “section [,] and section 3 of this act,”.

    Amend section 1, page 2, by deleting line 17 and inserting “traded; or”.

    Amend section 1, pages 3 and 4, by deleting lines 17 through 45 on page 3 and lines 1 through 13 on page 4, and inserting “county.”.

    Amend the bill as a whole by adding new sections designated sections 2 through 4, following section 1, to read as follows:

    Sec. 2.  NRS 223.575 is hereby amended to read as follows:

    223.575  1.  The Bureau for Hospital Patients is hereby created within the Office for Consumer Health Assistance in the Office of the Governor.

    2.  The Director:

    (a) Is responsible for the operation of the Bureau, which must be easily accessible to the clientele of the Bureau.

    (b) Shall appoint and supervise such additional employees as are necessary to carry out the duties of the Bureau. The employees of the Bureau are in the unclassified service of the State.

    (c) On or before February 1 of each year, shall submit a written report to the Governor, and to the Director of the Legislative Counsel Bureau concerning the activities of the Bureau for Hospital Patients for transmittal to the appropriate committee or committees of the Legislature. The report must include, without limitation, the number of complaints received by the Bureau, the number and type of disputes heard, mediated, arbitrated or resolved through alternative means of dispute resolution by the Director , [and] the outcome of the mediation, arbitration or alternative means of dispute resolution [.] and the number of complaints received by the Bureau relating to the hospital selected as a pilot project by the Legislative Committee on Health Care pursuant to section 3 of this act.

    3.  The Director may, upon request made by either party, hear, mediate, arbitrate or resolve by alternative means of dispute resolution disputes between patients and hospitals. The Director may decline to hear a case that in his opinion is trivial, without merit or beyond the scope of his jurisdiction. The Director may hear, mediate, arbitrate or resolve through alternative means of dispute resolution disputes regarding:

    (a) The accuracy or amount of charges billed to a patient;

    (b) The reasonableness of arrangements made pursuant to paragraph (c) of subsection 1 of NRS 439B.260; and

    (c) Such other matters related to the charges for care provided to a patient as the Director determines appropriate for arbitration, mediation or other alternative means of dispute resolution.

    4.  The decision of the Director is a final decision for the purpose of judicial review.

    5.  Each hospital, other than federal and state hospitals, with 49 or more licensed or approved hospital beds shall pay an annual assessment for the support of the Bureau. On or before July 15 of each year, the Director shall notify each hospital of its assessment for the fiscal year. Payment of the assessment is due on or before September 15. Late payments bear interest at the rate of 1 percent per month or fraction thereof.

    6.  The total amount assessed pursuant to subsection 5 for a fiscal year must be $100,000 adjusted by the percentage change between January 1, 1991, and January 1 of the year in which the fees are assessed, in the Consumer Price Index (All Items) published by the United States Department of Labor.

    7.  The total amount assessed must be divided by the total number of patient days of care provided in the previous calendar year by the hospitals subject to the assessment. For each hospital, the assessment must be the result of this calculation multiplied by its number of patient days of care for the preceding calendar year.

    Sec. 3.  1.  The Legislative Committee on Health Care shall establish a pilot program for the evaluation of the desirability of the granting of an exception by the Legislature to the provisions of subsection 1 of NRS 439B.425 for small surgical hospitals and small medical-surgical hospitals.

    2.  The Committee shall select the Jerry Lewis Spine and Pain Center, or its successor in interest, to participate as a pilot project in the pilot program.

    3.  The Committee shall monitor the pilot project to determine whether any conflicts of interest that disadvantage a person in Nevada occur because the person sought medical advice from a physician and was referred to the hospital selected as a pilot project by the Committee pursuant to this section.

    4.  On or before January 1 of each odd-numbered year before January 1, 2010, the hospital selected by the Committee pursuant to this section shall submit a report to the Committee and to the Office for Consumer Health Assistance. The report must include for the 2 years immediately preceding the date of the report:

    (a) The total number of patients served by the hospital;

    (b) The number of indigent patients served by the hospital;

    (c) The impact of the hospital on the other hospitals that are located in the county in which the hospital is located, including, without limitation, any adverse economic impact on those hospitals; and

    (d) Such other information as the Committee requires.

    5.  At least biennially, on or before February 1 of each odd-numbered year before January 1, 2010, the Committee shall submit a report of its findings for the past 2 years to the Senate and Assembly Standing Committees that have jurisdiction to hear legislative matters relating to chapter 439B of NRS. The report submitted on or before February 1, 2009, must also include a summary of the findings for the 6 years during which the pilot program was conducted and must also contain a recommendation of the Committee as to whether  an exception by the Legislature to the provisions of subsection 1 of NRS 439B.425 for small surgical hospitals and small medical-surgical hospitals should be granted.

    6.  If the hospital selected as a pilot project by the Committee pursuant to this section agrees to participate in the pilot program, the provisions of NRS 439B.425 do not apply to a practitioner who has a financial interest in that hospital.

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

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

    “Whereas, The potential for the location of one or more new specialty hospitals in Nevada has recently been brought to the attention of this Legislature; and

    Whereas, This type of hospital, that is smaller and specializes in specific areas of medicine, presents a unique and potentially very beneficial opportunity for the residents of this state because of the expertise that will be developed within the health care providers in Nevada and the attraction of medical experts from around the world; and

    Whereas, It is therefore incumbent upon this Legislature to ensure that the laws of this state facilitate the location of this type of hospital in Nevada, but at the same time balance the needs of the residents of this state for quality health care at all levels and encourage a relationship of trust between patients and their health care providers; and

    Whereas, Through the years, this Legislature has been very firm in its resolve to ensure that conflicts of interest do not disadvantage a person in Nevada who seeks medical care and is thereafter referred to another practitioner or facility for medical services or goods; and

    Whereas, Without a history of regulating the location and operation of this type of hospital in Nevada, this Legislature has determined that a 6-year pilot program to allow the Legislative Committee on Health Care to monitor one of the first such hospitals to locate in this state is the most advantageous manner of ensuring that appropriate laws are enacted that balance the benefits of such hospitals with the needs of the residents of Nevada; now, therefore,”.

    Amend the title of the bill, first line, after “care;” by inserting: “establishing a pilot program to evaluate the desirability of”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Establishes pilot program to evaluate desirability of providing additional exception to prohibition against practitioner referring patients to certain facilities in which practitioner has financial interest. (BDR 40-710)”.

    Senator Rawson moved the adoption of the amendment.

    Remarks by Senators Rawson, Titus and Nolan.

    Senator Nolan moved that Senate Bill No. 156 be taken from the Second Reading File and placed on the Secretary’s desk.

    Remarks by Senator Nolan.

    Motion carried.

    Senate Bill No. 175.

    Bill read second time.

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

    Amendment No. 93.

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

    Sec. 2.  1.  The Governor may appoint an Advisory Committee on Nevada Homeland Security.

    2.  If the Governor appoints such a committee:

    (a) The Governor shall appoint to the Advisory Committee a number of members that he determines to be appropriate, except that the Advisory Committee must include at least one member who is not employed in the field of law enforcement and is not otherwise affiliated with the field of law enforcement.

    (b) Notice of all meetings of the Advisory Committee must be given in the manner required by chapter 241 of NRS and, except as otherwise provided in this paragraph, all meetings of the Advisory Committee must be open to the public. The Advisory Committee may hold a closed meeting or may close a portion of a meeting to:

        (1) Receive security briefings; or

        (2) Discuss matters related to:

            (I) Responding to emergencies;

            (II) Mitigating vulnerability to acts of terrorism; or

            (III) Deficiencies in security as such deficiencies may pertain to public services, infrastructure or facilities,

if the Advisory Committee determines that considering such matters in an open meeting would create a substantial likelihood of threatening the safety of the general public. The provisions of this paragraph do not allow the Advisory Committee to hold a closed meeting or to close a portion of a meeting for the purpose of making decisions of a financial nature.

    3.  As used in this section, “act of terrorism” means any act that involves the use or the threatened or attempted use of sabotage, fear or violence and is intended to:

    (a) Intimidate or coerce a civilian population;

    (b) Disrupt, affect or influence the conduct or policy of a governmental entity by intimidation or coercion; or

    (c) Retaliate against a governmental entity or cause widespread panic or civil unrest through the substantial destruction, contamination, impairment or disruption of:

        (1) Public infrastructure, communications, transportation, utilities or services; or

        (2) Natural resources or the environment.

    Sec. 3.  1.  On or before February 15 of each year, the Governor shall:

    (a) Prepare a report setting forth:

        (1) The activities of the Advisory Committee on Nevada Homeland Security created pursuant to section 2 of this act, if the Governor has created such an Advisory Committee;

        (2) A detailed description of any matters with respect to which the Advisory Committee held a closed meeting or closed a portion of a meeting, if any, accompanied by an explanation of the reasons why the Advisory Committee determined that the meeting or portion thereof needed to be closed; and

        (3) A detailed description of each record or portion of a record determined to be confidential pursuant to section 4 of this act, 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.

    2.  A report prepared or submitted pursuant to subsection 1 and the contents of any such report are confidential and not subject to inspection by the general public.

    Sec. 4.  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.  As used in this section, “act of terrorism” has the meaning ascribed to it in section 2 of this act.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to public safety; authorizing the Governor to create an Advisory Committee on Nevada Homeland Security; requiring the Director of the Department of Information Technology to determine the confidentiality of certain records relating to the security of the State; requiring the Governor to prepare an annual report relating to the Advisory Committee and the records determined by the Director to be confidential; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY¾Makes various changes with respect to security of State of Nevada. (BDR 18‑536)”.

    Senator Care moved the adoption of the amendment.

    Remarks by Senators Care, Neal and Raggio.

    Senator Raggio moved that Senate Bill No. 175 be taken from the Second Reading File and placed on the Secretary’s desk.

    Remarks by Senator Raggio.

    Motion carried.

    Senate Bill No. 193.

    Bill read second time.

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

    Amendment No. 377.

Amend section 1, page 1, by deleting lines 9 and 10 and inserting:

    2.  Any injury sustained by a member of the Nevada Legislature shall be deemed to have arisen out of and in the course of his employment as a Legislator if, at the”.

    Amend section 1, page 1, line 12, by deleting “function” and inserting “event”.

    Amend section 1, page 1, line 14, by deleting: “being compensated by” and inserting: “receiving remuneration from”.

    Amend section 1, page 1, line 15, by deleting “function” and inserting “event”.

    Amend section 1, page 1, line 16, by deleting “functions” and inserting “events”.

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

    Sec. 2.  NRS 616A.265 is hereby amended to read as follows:

    616A.265  1.  “Injury” or “personal injury” means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result which is established by medical evidence, including injuries to prosthetic devices. [Any] Except as otherwise provided in subsection 3 and NRS 616A.185, any injury sustained by an employee while engaging in an athletic or social event sponsored by his employer shall be deemed not to have arisen out of or in the course of employment unless the employee received remuneration for participation in the event.

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

    (a) Coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom, shall be deemed not to be an injury by accident sustained by an employee arising out of and in the course of his employment.

    (b) The exposure of an employee to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment shall be deemed to be an injury by accident sustained by the employee arising out of and in the course of his employment.

    (c) Except as otherwise provided in paragraph (d), the exposure to a contagious disease of a police officer or a salaried or volunteer fireman who was exposed to the contagious disease:

        (1) Upon battery by an offender; or

        (2) While performing the duties of a police officer or fireman,

shall be deemed to be an injury by accident sustained by the police officer or fireman arising out of and in the course of his employment if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to paragraph (a) of subsection 1 of NRS 616C.052. As used in this paragraph, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

    (d) If a police officer or a salaried or volunteer fireman tests positive for exposure to tuberculosis under the circumstances described in subsection 2 or 3 of NRS 616C.052, he shall be deemed to have sustained an injury by accident arising out of and in the course of his employment, unless the insurer can prove by a preponderance of the evidence that the exposure was not related to the employment of the police officer or fireman.

    3.  Any injury sustained by an employee of a school district while engaging in an athletic or social event shall be deemed to have arisen out of and in the course of his employment, whether or not the employee received remuneration for participation in the event, if:

    (a) The event was sponsored by the school district, or the event was an extracurricular activity which was sponsored or organized by a student class, student group or student organization for an educational, recreational or charitable purpose and which was reasonably related to the employee’s job with the school district;

    (b) The employee participated in the event at the request of or with the concurrence of supervisory personnel, whether the request or concurrence was oral or written; and

    (c) The employee participated in the event to enable the event to take place or to ensure the safety and well-being of any students of the school district.”.

    Amend the title of the bill, third line, after “Legislature;” by inserting: “extending the coverage of industrial insurance for employees of school districts who engage in an athletic or social event under certain circumstances;”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Revises provisions regarding coverage of industrial insurance for certain employees. (BDR 53‑782)”.

    Senator Schneider moved the adoption of the amendment.

    Remarks by Senator Schneider.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 264.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 228.

Amend sec. 3, page 2, by deleting lines 1 through 18 and inserting:

    (a) Determine whether offenders in the custody of the Department are suitable to participate in a correctional program.

    (b) Determine whether parolees who are referred by the Chairman of the State Board of Parole Commissioners pursuant to section 23 of this act are suitable to participate in a correctional program as a condition of their parole.

    (c) Request that the Chairman of the State Board of Parole Commissioners assign to a correctional program offenders and parolees determined by the Director to be suitable to participate in a correctional program, under the terms and conditions agreed upon by the Director and the Chairman, including, if appropriate, supervision of the offenders and parolees by the Division during their participation in the correctional program.

    3.  An offender or parolee may not be assigned to the custody of the Division to participate in a correctional program unless the Director grants prior approval of the assignment pursuant to this section.”.

    Amend sec. 4, page 2, by deleting lines 19 through 43 and inserting:

    “Sec. 4.  1.  Except as otherwise provided in this section, if a correctional program has been established by the Director in the county in which an offender was sentenced to imprisonment, the Director may, after consulting with the Division, determine that an offender is suitable to participate in the correctional program if:

    (a) The Director believes that the offender would participate successfully in and benefit from the correctional program;

    (b) The offender has demonstrated a willingness to:

        (1) Engage in employment or participate in vocational rehabilitation or job skills training; and

        (2) Meet any existing obligation for restitution to any victim of his crime; and

    (c) The offender is within 2 years of his probable release from prison, as determined by the Director.

    2.  Except as otherwise provided in this section, if the Director determines that an offender is suitable to participate in the correctional program, the Director shall request that the Chairman of the State Board of Parole Commissioners assign the offender to the custody of the Division to participate in the correctional program. The Chairman may assign the offender to the custody of the Division to participate in the correctional program for not longer than the remainder of his sentence.

    3.  The Director shall, by regulation, adopt standards setting forth which offenders are suitable to participate in the correctional program pursuant to this section. The standards adopted by the Director must be approved by the Board and must provide that an offender who:”.

    Amend sec. 4, page 3, line 21, by deleting: “imposed by the Director.” and inserting: “agreed upon by the Director and the Chairman.”.

    Amend sec. 4, page 3, line 24, by deleting: “imposed by the Director” and inserting: “agreed upon by the Director and the Chairman”.

    Amend sec. 5, page 4, line 9, by deleting “213.380,” and inserting: “213.380 [,] or other appropriate supervision as determined by the Division of Parole and Probation,”.

    Amend sec. 5, page 5, line 6, by deleting “confinement:” and inserting: “confinement [:] or other appropriate supervision as determined by the Division of Parole and Probation:”.

    Amend sec. 10, page 8, line 12, by deleting “prisoners” and inserting “[prisoners] offenders”.

    Amend sec. 16, page 11, line 37, by deleting “25,” and inserting “24,”.

    Amend sec. 17, page 11, line 40, by deleting “21,” and inserting “20,”.

    Amend the bill as a whole by deleting sec. 21 and renumbering sections 22 through 30 as sections 21 through 29.

    Amend sec. 22, page 12, line 30, by deleting “prisoners” and inserting “offenders”.

    Amend sec. 24, page 12, line 36, by deleting “prisoner” and inserting “offender”.

    Amend sec. 24, page 13, by deleting lines 3 through 27 and inserting:

    2.  Except as otherwise provided in this section, if the Chairman is notified by the Director pursuant to section 3 of this act that a person is suitable to participate in a correctional program, the Board may, in accordance with the provisions of this section:

    (a) If the person is an offender who is being considered for parole, upon the granting of parole to the offender, require as a condition of parole that the offender participate in and complete the correctional program; or

    (b) If the person is a parolee who has violated a term or condition of his parole, order him to participate in and complete the correctional program as a condition of the continuation of his parole and in lieu of revoking his parole and returning him to confinement.

    3.  If an offender who has been assigned to the custody of the Division to participate in a correctional program pursuant to section 4 of this act is being considered for parole, the Board shall, if the Board grants parole to the offender, require as a condition of parole that he continue to participate in and complete the correctional program.”.

    Amend sec. 26, page 14, by deleting line 6 and inserting:

    “213.300  1.  The Department of Corrections [shall] may establish”.

    Amend sec. 26, page 14, by deleting lines 17 and 18 and inserting:

    [3.  The Director is responsible for the quartering and supervision of offenders enrolled in the program.]”.

    Amend sec. 27, page 14, by deleting line 20 and inserting:

“213.310  1.  [The Director of the Department of Corrections] If a program is established by the Department pursuant to NRS 213.300, the Director”.

    Amend sec. 27, page 14, line 29, by deleting “program.” and inserting: “program [.] , and the Director shall refer the names of those offenders to the Chairman of the State Board of Parole Commissioners for release into the program and, if appropriate, for residential confinement or other appropriate supervision as determined by the Division of Parole and Probation of the Department of Public Safety.”.

    Amend sec. 29, page 15, by deleting line 29 and inserting:

“213.320  1.  [The Director of the Department of Corrections] If a program is established by the Department pursuant to NRS 213.300, the Director”.

    Amend sec. 29, page 15, by deleting lines 34 through 37 and inserting:

    “(b) Effect placement of offenders under the program; and

    (c) Generally promote public understanding and acceptance of”.

    Amend sec. 30, page 16, by deleting lines 5 through 12 and inserting:

    “(a) [To pay the cost of quartering, feeding and clothing the offender.

    (b)] To allow the offender necessary travel expense to and from work and his other incidental expenses.

    [(c)] (b) To support the offender’s dependents.

    [(d)] (c) To pay, either in full or ratably, the offender’s obligations”.

    Amend the bill as a whole by deleting sec. 31 and renumbering sections 32 through 40 as sections 30 through 38.

    Amend sec. 32, page 16, by deleting lines 35 and 36 and inserting:

    “(b) Going to such employment . [from the place where he is quartered or returning therefrom.]”.

    Amend sec. 33, page 17, line 2, by deleting: “or his designated quarters” and inserting: “[or his designated quarters]”.

    Amend sec. 34, page 17, line 9, by deleting: “22 to 25,” and inserting: “21 to 24,”.

    Amend sec. 34, page 17, line 11, by deleting: “22 and 23” and inserting: “21 and 22”.

    Amend sec. 39, page 18, line 41, by deleting “24” and inserting “23”.

    Amend sec. 40, page 19, line 24, by deleting “24” and inserting “23”.

    Amend sec. 40, page 19, line 32, by deleting “prisoners” and inserting “offenders”.

    Amend sec. 40, page 19, line 35, by deleting “prisoners” and inserting “[prisoners] offenders”.

    Amend the bill as a whole by adding a new section designated sec. 39 and the text of the repealed section, following sec. 40, to read as follows:

    Sec. 39.  NRS 213.340 is hereby repealed.

TEXT OF REPEALED SECTION

    213.340  Contracts for quartering enrollees; suitable facilities required.

    1.  The Director of the Department of Corrections may contract with the governing bodies of political subdivisions in this state for quartering in suitable local facilities the offenders enrolled in programs of work release. Each such facility must satisfy standards established by the Director to assure secure custody of offenders quartered therein.

    2.  The Director shall not enroll any offender in the program of work release unless he has determined that suitable facilities for quartering the offender are available in the locality where the offender has employment or the offer of employment.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to the Department of Corrections; authorizing the Director of the Department of Corrections to establish a correctional program for the reentry of offenders and parolees into the community; allowing the Director to assign certain offenders to serve a term of residential confinement or other appropriate supervision; making various changes to the provisions governing programs of work release; making various other changes to provisions pertaining to the Department; and providing other matters properly relating thereto.”.

    Senator Amodei moved the adoption of the amendment.

    Remarks by Senator Amodei.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 289.

    Bill read second time.

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

    Amendment No. 265.

    Amend the bill as a whole by deleting sections 1 through 6 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

    Section 1.  1.  The Legislative Commission shall conduct an interim study of the feasibility of establishing a State Health Authority to plan for a single payer health care system and for the expansion of the Medicaid program. The Legislative Commission shall create a subcommittee to carry out the study.

    2.  The subcommittee must consist of:

    (a) Two members of the Assembly appointed by the Legislative Commission;

    (b) Two members of the Senate appointed by the Legislative Commission; and

    (c) Four members appointed by the Governor.

    3.  The study must include, without limitation, the feasibility of establishing a State Health Authority to:

    (a) Plan for the provision of health care services to the residents of this state;

    (b) Develop a plan for the State of Nevada to purchase all health care services for residents of this state, including, without limitation, a method for funding the plan;

    (c) Develop a plan to expand Medicaid to provide all optional services that it is authorized to provide pursuant to federal law; and

    (d) Develop a plan to provide health insurance to residents of this state whose incomes are under 300 percent of the federally designated level signifying poverty and who but for their income are otherwise eligible for benefits pursuant to Medicaid.

    4.  Members of the subcommittee who are appointed by the Governor serve without salary, but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the subcommittee.

    5.  The subcommittee shall submit a report of the results of the study and any recommendations for legislation to the Legislative Commission on or before September 1, 2004.

    Sec. 2.  This act becomes effective on July 1, 2003.”.

    Amend the title of the bill by deleting the first line and inserting:

    “AN ACT relating to health care; directing the Legislative Commission to appoint a subcommittee to study the feasibility of establishing a”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Directs Legislative Commission to appoint subcommittee to study feasibility of establishing State Health Authority to plan for single payer health care system and for expansion of Medicaid program. (BDR S‑720)”.

    Senator Rawson moved the adoption of the amendment.

    Remarks by Senator Rawson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senator Rawson moved that Senate Bill No. 289 be re-referred to the Committee on Legislative Affairs and Operations upon return from reprint.

    Remarks by Senator Rawson.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Washington moved that Senate Bill No. 131 be re-referred to the Committee on Legislative Affairs and Operations upon return from reprint.

    Remarks by Senator Washington.

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 319.

    Bill read second time.

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

    Amendment No. 112.

    Amend the bill as a whole by deleting section 1 and renumbering sections 2 through 8 as sections 1 through 7.

    Amend sec. 2, page 2, by deleting line 35 and inserting:

    7.  A policy that is not subject to taxation pursuant to NRS 680B.025.”.

    Amend sec. 3, page 2, by deleting line 42 and inserting: “Commissioner. If practicable, one of the members of the Board must be an”.

    Amend sec. 4, page 3, line 31, by deleting “One” and inserting: “If practicable, one”.

    Amend sec. 4, page 3, line 32, by deleting “be the” and inserting “be an”.

    Amend the bill as a whole by renumbering sec. 9 as sec. 10 and adding new sections designated sections 8 and 9, following sec. 8, to read as follows:

    Sec. 8.  NRS 616C.330 is hereby amended to read as follows:

    616C.330  1.  The hearing officer shall:

    (a) Within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request [;] and at a place in Reno, Nevada, or Las Vegas, Nevada, or any other place of convenience to the parties, as determined by the hearing officer;

    (b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled; and

    (c) Conduct hearings expeditiously and informally.

    2.  The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada Attorney for Injured Workers.

    3.  If necessary to resolve a medical question concerning an injured employee’s condition or to determine the necessity of treatment for which authorization for payment has been denied, the hearing officer may refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians and chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any medical examination requested by the hearing officer.

    4.  If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the hearing officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.

    5.  The hearing officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.

    6.  The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.

    7.  The hearing officer shall render his decision within 15 days after:

    (a) The hearing; or

    (b) He receives a copy of the report from the medical examination he requested.

    8.  The hearing officer shall render his decision in the most efficient format developed by the Chief of the Hearings Division of the Department of Administration.

    9.  The hearing officer shall give notice of his decision to each party by mail. He shall include with the notice of his decision the necessary forms for appealing from the decision.

    10.  Except as otherwise provided in NRS 616C.380, the decision of the hearing officer is not stayed if an appeal from that decision is taken unless an application for a stay is submitted by a party. If such an application is submitted, the decision is automatically stayed until a determination is made on the application. A determination on the application must be made within 30 days after the filing of the application. If, after reviewing the application, a stay is not granted by the hearing officer or an appeals officer, the decision must be complied with within 10 days after the refusal to grant a stay.

    Sec. 9.  NRS 616C.345 is hereby amended to read as follows:

    616C.345  1.  Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by filing a notice of appeal with an appeals officer within 30 days after the date of the decision.

    2.  If a dispute is required to be submitted to a procedure for resolving complaints pursuant to NRS 616C.305 and:

    (a) A final determination was rendered pursuant to that procedure; or

    (b) The dispute was not resolved pursuant to that procedure within 14 days after it was submitted,

any party to the dispute may file a notice of appeal within 70 days after the date on which the final determination was mailed to the employee, or his dependent, or the unanswered request for resolution was submitted. Failure to render a written determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.

    3.  Except as otherwise provided in NRS 616C.380, the filing of a notice of appeal does not automatically stay the enforcement of the decision of a hearing officer or a determination rendered pursuant to NRS 616C.305. The appeals officer may order a stay, when appropriate, upon the application of a party. If such an application is submitted, the decision is automatically stayed until a determination is made concerning the application. A determination on the application must be made within 30 days after the filing of the application. If a stay is not granted by the officer after reviewing the application, the decision must be complied with within 10 days after the date of the refusal to grant a stay.

    4.  Except as otherwise provided in [this subsection,] subsection 5, the appeals officer shall, within 10 days after receiving a notice of appeal pursuant to this section or a contested claim pursuant to subsection 5 of NRS 616C.315 [, schedule] :

    (a) Schedule a hearing on the merits of the appeal or contested claim for a date and time within 90 days after his receipt of the notice and at a place in Reno, Nevada, or Las Vegas, Nevada, or any other place of convenience to the parties, as determined by the appeals officer; and [give]

    (b) Give notice by mail or by personal service to all parties to the matter and their attorneys or agents at least 30 days before the date and time scheduled.

    5.  A request to schedule the hearing for a date and time which is:

    (a) Within 60 days after the receipt of the notice of appeal or contested claim; or

    (b) More than 90 days after the receipt of the notice or claim,

may be submitted to the appeals officer only if all parties to the appeal or contested claim agree to the request.

    [5.] 6.  An appeal or contested claim may be continued upon written stipulation of all parties, or upon good cause shown.

    [6.] 7.  Failure to file a notice of appeal within the period specified in subsection 1 or 2 may be excused if the party aggrieved shows by a preponderance of the evidence that he did not receive the notice of the determination and the forms necessary to appeal the determination. The claimant, employer or insurer shall notify the hearing officer of a change of address.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to insurance; providing an exception to the counter-signature requirement for certain types of insurance; revising the membership of certain boards; providing that any refund of an assessment by the Division of Industrial Relations of the Department of Business and Industry must include payment for interest earned; providing that hearings officers and appeals officers shall designate the location of certain hearings; requiring the Commissioner of Insurance to conduct a study relating to the Investments of Insurers Model Act adopted by the National Association of Insurance Commissioners; and providing other matters properly relating thereto.”.

    Senator Amodei moved the adoption of the amendment.

    Remarks by Senators Townsend and Amodei.

    Senator Amodei moved that Senate Bill No. 319 be moved to the bottom of the Second Reading File.

    Motion carried.

    Senate Bill No. 332.

    Bill read second time.

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

    Amendment No. 263.

    Amend sec. 3, page 2, by deleting line 4 and inserting: “licensed only to act in an administrative capacity as an:

    1.  Officer or employee of a state agency; or

    2.  Independent contractor pursuant to a contract with the State.”.

    Amend sec. 7, page 3, line 14, by deleting “Has” and inserting: “[Has] Is certified by a specialty board of the American Board of Medical Specialties or has”.

    Amend sec. 8, page 4, lines 7 and 8, by deleting: “requirement of subparagraph (1) of” and inserting: “[requirement] requirements of”.

    Amend sec. 8, page 4, line 37, by deleting: “requirement of subparagraph (1) of” and inserting: “[requirement] requirements of”.

    Amend sec. 9, page 5, line 29, by deleting: “requirement set forth in subparagraph (1) of” and inserting: “[requirement] requirements set forth in”.

    Amend sec. 11, page 6, line 18, by deleting: “on July 1, 2003.” and inserting: “upon passage and approval.”.

    Amend the title of the bill, third line, after “physicians;” by inserting: “revising certain requirements for the issuance of a license to practice medicine;”.

    Amend the summary of the bill to read as follows:

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

    Senator Rawson moved the adoption of the amendment.

    Remarks by Senator Rawson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 336.

    Bill read second time.

    The following amendment was proposed by the Committee on Natural Resources:

    Amendment No. 527.

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

    Section 1.  NRS 533.360 is hereby amended to read as follows:

    533.360  1.  Except as otherwise provided in subsection 4, NRS 533.345 and subsection [3] 4 of NRS 533.370, when an application is filed in compliance with this chapter , the State Engineer shall, within 30 days, publish or cause to be published once a week for 4 consecutive weeks in a newspaper of general circulation and printed and published in the county where the water is sought to be appropriated, a notice of the application [,] which sets forth:

    (a) That the application has been filed.

    (b) The date of the filing.

    (c) The name and address of the applicant.

    (d) The name of the source from which the appropriation is to be made.

    (e) The location of the place of diversion, described by legal subdivision or metes and bounds and by a physical description of that place of diversion.

    (f) The purpose for which the water is to be appropriated.

The publisher shall add thereto the date of the first publication and the date of the last publication.

    2.  Except as otherwise provided in subsection 4, proof of publication must be filed within 30 days after the final day of publication. The State Engineer shall pay for the publication from the application fee. If the application is cancelled for any reason before publication, the State Engineer shall return to the applicant that portion of the application fee collected for publication.

    3.  If the application is for a proposed well:

    (a) For municipal, quasi-municipal or industrial use; and

    (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,

the applicant shall mail a copy of the notice of application to each owner of real property containing a domestic well that is within 2,500 feet of the proposed well, to his address as shown in the latest records of the county assessor. If there are not more than six such wells, notices must be sent to each owner by certified mail, return receipt requested. If there are more than six such wells, at least six notices must be sent to owners by certified mail, return receipt requested. The return receipts from these notices must be filed with the State Engineer before he may consider the application.

    4.  The provisions of this section do not apply to an environmental permit.

    Sec. 2.  NRS 533.370 is hereby amended to read as follows:

    533.370  1.  Except as otherwise provided in this section and NRS 533.345, 533.371, 533.372 and 533.503, the State Engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:

    (a) The application is accompanied by the prescribed fees;

    (b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the efficiency of the district in its delivery or use of water; and

    (c) The applicant provides proof satisfactory to the State Engineer of:

        (1) His intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and

        (2) His financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.

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

    (a) Action may be postponed by the State Engineer upon written authorization to do so by the applicant or, if an application is protested, by the protestant and the applicant; [and]

    (b) Action may be postponed by the State Engineer if the purpose for which the application was made is municipal use; and

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

    3.  If the State Engineer does not act upon an application within 1 year after the final date for filing a protest, the application remains active until acted upon by the State Engineer.

    4.  Except as otherwise provided in subsection [6,] 7, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or with protectible interests in existing domestic wells as set forth in NRS 533.024, or threatens to prove detrimental to the public interest, the State Engineer shall reject the application and refuse to issue the requested permit. If a previous application for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.

    [4.] 5.  In determining whether an application for an interbasin transfer of ground water must be rejected pursuant to this section, the State Engineer shall consider:

    (a) Whether the applicant has justified the need to import the water from another basin;

    (b) If the State Engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;

    (c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;

    (d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and

    (e) Any other factor the State Engineer determines to be relevant.

    [5.] 6.  If a hearing is held regarding an application, the decision of the State Engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record must be made of the endorsement in the records of the State Engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection [7,] 8, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected, the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water while the rejection continues in force.

    [6.] 7.  The provisions of subsections 1 to [4,] 5, inclusive, do not apply to an application for an environmental permit.

    [7.] 8.  The provisions of subsection [5] 6 do not authorize the recipient of an approved application to use any state land administered by the Division of State Lands of the State Department of Conservation and Natural Resources without the appropriate authorization for that use from the State Land Registrar.

    [8.] 9.  As used in this section, “interbasin transfer of ground water” means a transfer of ground water for which the proposed point of diversion is in a different basin than the proposed place of beneficial use.

    Sec. 3.  NRS 533.386 is hereby amended to read as follows:

    533.386  1.  The State Engineer shall confirm that the report of conveyance required by paragraph (a) of subsection 1 of NRS 533.384 includes all material required by that subsection and that:

    (a) The report is accompanied by the prescribed fee;

    (b) No conflict exists in the chain of title that can be determined by the State Engineer from the conveyance documents or from other information on file in the office of the State Engineer; and

    (c) The State Engineer is able to determine the rate of diversion and the amount of water conveyed in acre-feet or million gallons from the conveyance documents or from other information on file in the office of the State Engineer.

    2.  If the State Engineer confirms a report of conveyance pursuant to subsection 1, he shall in a timely manner provide a notice of the confirmation to the person who submitted the report of conveyance. The notice must include, without limitation, a statement indicating that neither the confirmation of the report of conveyance nor the report of conveyance, if the report sets forth the amount of water conveyed, guarantees that:

    (a) The water right is in good standing with the office of the State Engineer; or

    (b) The amount of water referenced in the notice or in the report of conveyance is the actual amount of water that a person is entitled to use upon conveyance of the application or permit to appropriate any of the public waters, the certificate of appropriation, the adjudicated or unadjudicated water right, or the application or permit to change the place of diversion, manner of use or place of use of water.

    3.  If the State Engineer determines that the report of conveyance is deficient, he shall reject the report of conveyance and return it to the person who submitted it with:

    (a) An explanation of the deficiency; and

    (b) A notice stating that the State Engineer will not confirm a report of conveyance that has been rejected unless the report is resubmitted with the material required to cure the deficiency. The notice must also include a statement of the provisions of subsection [3.] 4.

    [3.] 4.  The State Engineer shall not consider or treat the person to whom:

    (a) An application or permit to appropriate any of the public waters;

    (b) A certificate of appropriation;

    (c) An adjudicated or unadjudicated water right; or

    (d) An application or permit to change the place of diversion, manner of use or place of use of water,

is conveyed as the owner or holder of the application, right, certificate or permit for the purposes of this chapter, including, without limitation, all advisements and other notices required of the State Engineer and the granting of permits to change the place of diversion, manner of use or place of use of water, until a report of the conveyance is confirmed pursuant to subsection 1.

    Sec. 4.  NRS 538.171 is hereby amended to read as follows:

    538.171  1.  The Commission shall receive, protect and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests or benefits in and to the waters described in NRS 538.041 to 538.251, inclusive, and to the power generated thereon, held by or which may accrue to the State of Nevada under and by virtue of any Act of the Congress of the United States or any agreements, compacts or treaties to which the State of Nevada may become a party, or otherwise.

    2.  Except as otherwise provided in this subsection, applications for the original appropriation of such waters, or to change the place of diversion, manner of use or place of use of water covered by the original appropriation, must be made to the Commission in accordance with the regulations of the Commission. In considering such an application, the Commission shall use the criteria set forth in subsection [3] 4 of NRS 533.370. The Commission’s action on the application constitutes the recommendation of the State of Nevada to the United States for the purposes of any federal action on the matter required by law. The provisions of this subsection do not apply to supplemental water.

    3.  The Commission shall furnish to the State Engineer a copy of all agreements entered into by the Commission concerning the original appropriation and use of such waters. It shall also furnish to the State Engineer any other information it possesses relating to the use of water from the Colorado River which the State Engineer deems necessary to allow him to act on applications for permits for the subsequent appropriation of these waters after they fall within the State Engineer’s jurisdiction.

    4.  Notwithstanding any provision of chapter 533 of NRS, any original appropriation and use of the waters described in subsection 1 by the Commission or by any entity to whom or with whom the Commission has contracted the water is not subject to regulation by the State Engineer.”.

    Amend the bill as a whole by renumbering section 2 as section 7 and adding a new section designated sec. 6, following section 1, to read as follows:

    Sec. 6.  The amendatory provisions of section 2 of this act apply to:

    1.  Each application described in NRS 533.370 that is made on or after July 1, 2003; and

    2.  Each such application that is pending with the office of the State Engineer on July 1, 2003.”.

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

    Sec. 7.  1.  This act becomes effective on July 1, 2003.

    2.  Section 5 of this act expires by limitation on June 30, 2005.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to water; authorizing the State Engineer to postpone action on certain applications for water rights; providing that certain applications for water rights remain active until acted upon by the State Engineer; requiring the State Engineer to provide certain notices to persons who submitted reports of conveyance if he confirms those reports; requiring the State Engineer to quantify in acre-feet certain water rights, to give certain persons notice concerning those water rights and to file a notice concerning those water rights with the office of the county recorder of the county in which the water is appropriated; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes various changes relating to water rights. (BDR 48‑848)”.

    Senator Hardy moved the adoption of the amendment.

    Remarks by Senators Hardy and Rawson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 351.

    Bill read second time.

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

    Amendment No. 379.

    Amend the bill as a whole by deleting sections 1 through 49 and adding new sections designated sections 1 through 28, following the enacting clause, to read as follows:

    Section 1.  NRS 622.010 is hereby amended to read as follows:

    622.010  As used in this chapter, unless the context otherwise requires, “occupational licensing board” includes, without limitation:

    1.  The State Board of Architecture, Interior Design and Residential Design.

    2.  The State Board of Landscape Architecture.

    3.  The State Contractors’ Board.

    4.  The State Board of Professional Engineers and Land Surveyors.

    5.  The Board of Registered Environmental Health Specialists.

    6.  The Nevada State Board of Accountancy.

    7.  The Board of Medical Examiners.

    8.  The Board of Homeopathic Medical Examiners.

    9.  The Board of Dental Examiners of Nevada.

    10.  The State Board of Nursing.

    11.  The State Board of Osteopathic Medicine.

    12.  The Chiropractic Physicians’ Board of Nevada.

    13.  The State Board of Oriental Medicine.

    14.  The State Board of Podiatry.

    15.  The Nevada State Board of Optometry.

    16.  The Board of Dispensing Opticians.

    17.  The Board of Hearing Aid Specialists.

    18.  The Board of Examiners for Audiology and Speech Pathology.

    19.  The Nevada State Board of Veterinary Medical Examiners.

    20.  The State Board of Pharmacy.

    21.  The State Board of Physical Therapy Examiners.

    22.  The Board of Occupational Therapy.

    23.  The Board of Psychological Examiners.

    24.  The Board of Examiners for Marriage and Family Therapists.

    25.  The Board of Examiners for Social Workers.

    26.  The Board of Examiners for Alcohol [and Drug Abuse Counselors.] , Drug and Gambling Counselors.

    27.  The State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories.

    28.  The State Barbers’ Health and Sanitation Board.

    29.  The State Board of Cosmetology.

    30.  The Real Estate Division of the Department of Business and Industry.

    31.  The Commissioner of Financial Institutions.

    32.  The Private Investigator’s Licensing Board.

    33.  The Health Division of the Department of Human Resources.

    34.  The Nevada State Board of Examiners for Administrators of Facilities for Long-Term Care.

    35.  The Certified Court Reporters’ Board of Nevada.

    Sec. 2.  NRS 641.029 is hereby amended to read as follows:

    641.029  The provisions of this chapter do not apply to:

    1.  A physician who is licensed to practice in this state;

    2.  A person who is licensed to practice dentistry in this state;

    3.  A person who is licensed as a marriage and family therapist pursuant to chapter 641A of NRS;

    4.  A person who is licensed to engage in social work pursuant to chapter 641B of NRS;

    5.  A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;

    6.  A person who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern , a problem gambling counselor or a problem gambling counselor intern pursuant to chapter 641C of NRS; or

    7.  Any clergyman,

if such a person does not commit an act described in NRS 641.440 or represent himself as a psychologist.

    Sec. 3.  NRS 641B.040 is hereby amended to read as follows:

    641B.040  The provisions of this chapter do not apply to:

    1.  A physician who is licensed to practice in this state;

    2.  A nurse who is licensed to practice in this state;

    3.  A person who is licensed as a psychologist pursuant to chapter 641 of NRS;

    4.  A person who is licensed as a marriage and family therapist pursuant to chapter 641A of NRS;

    5.  A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;

    6.  A person who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern , a problem gambling counselor or a problem gambling counselor intern pursuant to chapter 641C of NRS;

    7.  Any clergyman;

    8.  A county welfare director;

    9.  Any person who may engage in social work or clinical social work in his regular governmental employment but does not hold himself out to the public as a social worker; or

    10.  A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the Board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275. Such a student must be designated by the title “student of social work” or “trainee in social work,” or any other title which clearly indicates his training status.

    Sec. 4.  Chapter 641C of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 9, inclusive, of this act.

    Sec. 5.  “Practice of counseling problem gamblers” means the application of counseling to reduce or eliminate problem gambling.

    Sec. 6.  “Problem gambling” means persistent and recurrent maladaptive behavior relating to gambling that causes disruptions in any major area of life, including, without limitation, the psychological, social or vocational areas of life.

    Sec. 7.  The Board may issue a certificate as a problem gambling counselor to:

    1.  A person who:

    (a) Is not less than 21 years of age;

    (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

    (c) Has received a bachelor’s degree, master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board;

    (d) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;

    (e) Has completed at least 2,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;

    (f) Passes the written examination prescribed by the Board pursuant to NRS 641C.290;

    (g) Presents himself when scheduled for an interview at a meeting of the Board;

    (h) Pays the fees required pursuant to NRS 641C.470; and

    (i) Submits the statement required pursuant to NRS 641C.280.

    2.  A person who:

    (a) Is not less than 21 years of age;

    (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

    (c) Is licensed as:

        (1) A clinical social worker pursuant to chapter 641B of NRS;

        (2) A marriage and family therapist pursuant to chapter 641A of NRS;

        (3) A physician pursuant to chapter 630 of NRS;

        (4) A nurse pursuant to chapter 632 of NRS and has received a master’s degree or a doctoral degree from an accredited college or university;

        (5) A psychologist pursuant to chapter 641 of NRS; or

        (6) An alcohol and drug abuse counselor pursuant to this chapter;

    (d) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;

    (e) Has completed at least 1,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;

    (f) Passes the written examination prescribed by the Board pursuant to NRS 641C.290;

    (g) Pays the fees required pursuant to NRS 641C.470; and

    (h) Submits the statement required pursuant to NRS 641C.280.

    Sec. 8.  1.  A certificate as a problem gambling counselor is valid for 2 years and may be renewed.

    2.  A certified problem gambling counselor may:

    (a) Engage in the practice of counseling problem gamblers;

    (b) Assess and evaluate a person as a problem gambler; and

    (c) If approved by the Board, supervise certified problem gambling counseling interns.

    Sec. 9.  1.  The Board may issue a certificate as a problem gambling counselor intern to a person who:

    (a) Is not less than 21 years of age;

    (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

    (c) Submits proof to the Board that he:

        (1) Has received a bachelor’s degree, master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board; or

        (2) Is enrolled in a program at an accredited college or university from which he will receive a bachelor’s degree, master’s degree or a doctoral degree in a field of social science approved by the Board;

    (d) Has completed not less than 30 hours of training specific to problem gambling approved by the Board;

    (e) Demonstrates that a certified problem gambling counselor approved by the Board has agreed to supervise him in a setting approved by the Board;

    (f) Pays the fees required pursuant to NRS 641C.470; and

    (g) Submits the statement required pursuant to NRS 641C.280.

    2.  A certificate as a problem gambling counselor intern is valid for 1 year and, except as otherwise provided in subsection 3, may be renewed.

    3.  A certificate as a problem gambling counselor intern issued to a person on the basis that he is enrolled in a program at an accredited college or university from which he will receive a bachelor’s degree, master’s degree or a doctoral degree in a field of social science approved by the Board may be renewed not more than nine times.

    4.  A certified problem gambling counselor intern may, under the supervision of a certified problem gambling counselor:

    (a) Engage in the practice of counseling problem gamblers; and

    (b) Assess and evaluate a person as a problem gambler.

    Sec. 10.  NRS 641C.010 is hereby amended to read as follows:

    641C.010  The practice of counseling alcohol and drug abusers [is] and the practice of counseling problem gamblers are hereby declared to be [a learned profession,] learned professions affecting public health, safety and welfare and [is] are subject to regulation to protect the public from the practice of counseling alcohol and drug abusers and the practice of counseling problem gamblers by unqualified persons and from unprofessional conduct by persons who are licensed or certified to engage in the practice of counseling alcohol and drug abusers [.] or certified to engage in the practice of counseling problem gamblers.

    Sec. 11.  NRS 641C.020 is hereby amended to read as follows:

    641C.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641C.030 to 641C.100, inclusive, and sections 5 and 6 of this act have the meanings ascribed to them in those sections.

    Sec. 12.  NRS 641C.030 is hereby amended to read as follows:

    641C.030  “Board” means the Board of Examiners for Alcohol [and Drug Abuse] , Drug and Gambling Counselors.

    Sec. 13.  NRS 641C.040 is hereby amended to read as follows:

    641C.040  “Certificate” means a certificate issued to a person who is certified as an alcohol and drug abuse counselor , [or] an alcohol and drug abuse counselor intern [.] , a problem gambling counselor or a problem gambling counselor intern.

    Sec. 14.  NRS 641C.050 is hereby amended to read as follows:

    641C.050  “Certified counselor” means a person who is certified as an alcohol and drug abuse counselor or a problem gambling counselor pursuant to the provisions of this chapter.

    Sec. 15.  NRS 641C.060 is hereby amended to read as follows:

    641C.060  “Certified intern” means a person who is certified as an alcohol and drug abuse counselor intern or a problem gambling counselor intern pursuant to the provisions of this chapter.

    Sec. 16.  NRS 641C.130 is hereby amended to read as follows:

    641C.130  The provisions of this chapter do not apply to:

    1.  A physician who is licensed pursuant to the provisions of chapter 630 of NRS;

    2.  A nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling alcohol and drug abusers [;] or the practice of counseling problem gamblers;

    3.  A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS;

    4.  A marriage and family therapist who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists to engage in the practice of counseling alcohol and drug abusers [;] or the practice of counseling problem gamblers; or

    5.  A person who is licensed as a clinical social worker pursuant to the provisions of chapter 641B of NRS and is authorized by the Board of Examiners for Social Workers to engage in the practice of counseling alcohol and drug abusers [.] or the practice of counseling problem gamblers.

    Sec. 17.  NRS 641C.150 is hereby amended to read as follows:

    641C.150  1.  The Board of Examiners for Alcohol [and Drug Abuse] , Drug and Gambling Counselors, consisting of [five] seven members appointed by the Governor, is hereby created.


    2.  The Board must consist of:

    (a) Three members who are licensed as alcohol and drug abuse counselors pursuant to the provisions of this chapter;

    (b) One member who is certified as an alcohol and drug abuse counselor pursuant to the provisions of this chapter; [and]

    (c) Two members who are licensed pursuant to chapter 630, 632, 641, 641A or 641B of NRS and certified as problem gambling counselors pursuant to the provisions of this chapter; and

    (d) One member who is a representative of the general public.

    3.  A person may not be appointed to the Board unless he is:

    (a) A citizen of the United States or is lawfully entitled to remain and work in the United States; and

    (b) A resident of this state.

    4.  No member of the Board may be held liable in a civil action for any act that he performs in good faith in the execution of his duties pursuant to the provisions of this chapter.

    Sec. 18.  NRS 641C.200 is hereby amended to read as follows:

    641C.200  1.  The Board shall adopt such regulations as are necessary to carry out the provisions of this chapter, including, without limitation, regulations that prescribe:

    [1.] (a) The ethical standards for licensed and certified counselors and certified interns; and

    [2.] (b) The requirements for continuing education for the renewal, restoration or reinstatement of a license or certificate.

    2.  The Board may adopt regulations that prescribe:

    (a) The contents of a written examination concerning the practice of counseling problem gamblers;

    (b) The grounds for initiating disciplinary action against a certified problem gambling counselor or certified problem gambling counselor intern; and

    (c) Disciplinary procedures for certified problem gambling counselors and certified problem gambling counselor interns, including the suspension, revocation and reinstatement of a certificate as a problem gambling counselor or problem gambling counselor intern.

    Sec. 19.  NRS 641C.290 is hereby amended to read as follows:

    641C.290  1.  Each applicant for a license or certificate as an alcohol and drug abuse counselor must pass a written and oral examination concerning his knowledge of the practice of counseling alcohol and drug abusers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

    2.  Each applicant for a certificate as a problem gambling counselor must pass a written examination concerning his knowledge of the practice of counseling problem gamblers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

    3.  The Board shall:

    (a) Examine applicants at least two times each year.

    (b) Establish the time and place for the examinations.

    (c) Provide such books and forms as may be necessary to conduct the examinations.

    (d) Establish, by regulation, the requirements for passing the examination.

    [3.] 4.  The Board may employ other persons to conduct the examinations.

    Sec. 20.  NRS 641C.450 is hereby amended to read as follows:

    641C.450  Except as otherwise provided in NRS 641C.320 [,] and section 9 of this act, a person may renew his license or certificate by submitting to the Board:

    1.  An application for the renewal of his license or certificate;

    2.  The fee for the renewal of a license or certificate prescribed in NRS 641C.470;

    3.  Evidence of his completion of the continuing education required by the Board;

    4.  If the applicant is a certified intern, the name of the licensed or certified counselor who supervises him; and

    5.  The statement required pursuant to NRS 641C.280.

    Sec. 21.  NRS 641C.470 is hereby amended to read as follows:

    641C.470  1.  The Board shall charge and collect not more than the following fees:

For the initial application for a license or certificate    $150

For the issuance of a provisional license or certificate    125

For the issuance of an initial license or certificate    60

For the renewal of a license or certificate as an alcohol and drug abuse counselor or a certificate as a problem gambling counselor    300

For the renewal of a certificate as an alcohol and drug abuse counselor intern or a problem gambling counselor intern    75

For the renewal of a delinquent license or certificate    75

For the restoration of an expired license or certificate    150

For the restoration or reinstatement of a suspended or revoked license or certificate    300

For the issuance of a license or certificate without examination    150

For an examination    150

    2.  The fees charged and collected pursuant to this section are not refundable.

    Sec. 22.  NRS 641C.900 is hereby amended to read as follows:

    641C.900  1.  Except as otherwise provided in subsection 2, a person shall not engage in the practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers unless he is a licensed counselor, certified counselor or certified intern.

    2.  A person may engage in the practice of counseling alcohol and drug abusers under the supervision of a licensed counselor or the practice of counseling problem gamblers under the supervision of a certified counselor for not more than 30 days if that person:

    (a) Is qualified to be licensed or certified [as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern] pursuant to the provisions of this chapter; and

    (b) Submits an application to the Board for a license or certificate [as an alcohol and drug abuse counselor or a certificate as an alcohol and drug abuse counselor intern] pursuant to the provisions of this chapter.

    Sec. 23.  NRS 641C.910 is hereby amended to read as follows:

    641C.910  1.  A person shall not:

    (a) Hold himself out to [the] a member of the general public as an alcohol and drug abuse counselor , [or] alcohol and drug abuse counselor intern [;] , problem gambling counselor or problem gambling counselor intern;

    (b) Use the title “alcohol and drug abuse counselor,” “alcohol and drug abuse counselor intern,” “drug abuse counselor,” “substance abuse counselor [”] ,” “problem gambling counselor,” “problem gambling counselor intern,” “gambling counselor” or any similar title in connection with his work; or

    (c) Imply in any way that he is licensed or certified by the Board,

unless he is licensed or certified by the Board pursuant to the provisions of this chapter.

    2.  If the Board believes that any person has violated or is about to violate the provisions of subsection 1, it may bring an action in a court of competent jurisdiction to enjoin that person from engaging in or continuing the violation. An injunction:

    (a) May be issued without proof of actual damage sustained by any person.

    (b) Does not prevent the criminal prosecution and punishment of a person who violates the provisions of subsection 1.

    Sec. 24.  Section 7 of this act is hereby amended to read as follows:

    Sec. 7.  The Board may issue a certificate as a problem gambling counselor to:

    1.  A person who:

    (a) Is not less than 21 years of age;

    (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

    (c) Has received a bachelor’s degree, master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board;

    (d) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;

    (e) Has completed at least 2,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;

    (f) Passes the written examination prescribed by the Board pursuant to NRS 641C.290;

    (g) Presents himself when scheduled for an interview at a meeting of the Board; and

    (h) Pays the fees required pursuant to NRS 641C.470 . [; and

    (i) Submits the statement required pursuant to NRS 641C.280.]

    2.  A person who:

    (a) Is not less than 21 years of age;

    (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

    (c) Is licensed as:

        (1) A clinical social worker pursuant to chapter 641B of NRS;

        (2) A marriage and family therapist pursuant to chapter 641A of NRS;

        (3) A physician pursuant to chapter 630 of NRS;

        (4) A nurse pursuant to chapter 632 of NRS and has received a master’s degree or a doctoral degree from an accredited college or university;

        (5) A psychologist pursuant to chapter 641 of NRS; or

        (6) An alcohol and drug abuse counselor pursuant to this chapter;

    (d) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;

    (e) Has completed at least 1,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;

    (f) Passes the written examination prescribed by the Board pursuant to NRS 641C.290; and

    (g) Pays the fees required pursuant to NRS 641C.470 . [; and

    (h) Submits the statement required pursuant to NRS 641C.280.]

    Sec. 25.  Section 9 of this act is hereby amended to read as follows:

    Sec. 9.  1.  The Board may issue a certificate as a problem gambling counselor intern to a person who:

    (a) Is not less than 21 years of age;

    (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

    (c) Submits proof to the Board that he:

        (1) Has received a bachelor’s degree, master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board; or

        (2) Is enrolled in a program at an accredited college or university from which he will receive a bachelor’s degree, master’s degree or a doctoral degree in a field of social science approved by the Board;

    (d) Has completed not less than 30 hours of training specific to problem gambling approved by the Board;

    (e) Demonstrates that a certified problem gambling counselor approved by the Board has agreed to supervise him in a setting approved by the Board; and

    (f) Pays the fees required pursuant to NRS 641C.470 . [; and

    (g) Submits the statement required pursuant to NRS 641C.280.]

    2.  A certificate as a problem gambling counselor intern is valid for 1 year and, except as otherwise provided in subsection 3, may be renewed.

    3.  A certificate as a problem gambling counselor intern issued to a person on the basis that he is enrolled in a program at an accredited college or university from which he will receive a bachelor’s degree, master’s degree or a doctoral degree in a field of social science approved by the Board may be renewed not more than nine times.

    4.  A certified problem gambling counselor intern may, under the supervision of a certified problem gambling counselor:

    (a) Engage in the practice of counseling problem gamblers; and

    (b) Assess and evaluate a person as a problem gambler.

    Sec. 26.  Notwithstanding the provisions of section 17 of this act, each problem gambling counselor who is appointed to the Board of Examiners for Alcohol, Drug and Gambling Counselors to an initial term must be eligible for a certificate as a problem gambling counselor but need not be certified pursuant to this chapter at the time he is appointed to the Board.

    Sec. 27.  As soon as practicable after January 1, 2004, the Governor shall appoint to the Board of Examiners for Alcohol, Drug and Gambling Counselors pursuant to paragraph (c) of subsection 2 of NRS 641C.150:

    1.  One member whose term expires on September 30, 2005.

    2.  One member whose term expires on September 30, 2007.

    Sec. 28.  1.  This section becomes effective upon passage and approval.

    2.  Sections 18 and 19 of this act become effective upon passage and approval for the purpose of adopting regulations and on January 1, 2004, for all other purposes.

    3.  Sections 1 to 17, inclusive, 20 to 23, inclusive, 26 and 27 of this at become effective on January 1, 2004.

    4.  Sections 24 and 25 of this act become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

    (a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

    (b) Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.

    5.  Sections 7, 9 and 20 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

    (a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

    (b) Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to professions; declaring the practice of counseling problem gamblers to be a learned profession; changing the name of the Board of Examiners for Alcohol and Drug Abuse Counselors to the Board of Examiners for Alcohol, Drug and Gambling Counselors; increasing the number of members on the Board; requiring persons who counsel problem gamblers to be certified by the Board; imposing certain fees; authorizing the Board to adopt certain regulations; providing a penalty; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Requires certification for persons who counsel problem gamblers. (BDR 54‑123)”.

    Senator Carlton moved the adoption of the amendment.

    Remarks by Senators Carlton, Care, Titus, Wiener, Townsend and O'Connell.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 371.

    Bill read second time.

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

    Amendment No. 437.

Amend section 1, page 2, line 2, by deleting “20,” and inserting “19,”.

    Amend sec. 2, page 2, line 4, by deleting “20,” and inserting “19,”.

    Amend sec. 9, page 3, lines 29, 34, 40, and 42 by deleting “20,” and inserting “19,”.

    Amend sec. 10, page 3, line 44, by deleting “20,” and inserting “19,”.

    Amend sec. 11, page 4, line 19, by deleting “20,” and inserting “19,”.

    Amend sec. 14, page 6, line 10, by deleting “20,” and inserting “19,”.

    Amend the bill as a whole by deleting sec. 20 and renumbering sec. 21 as sec. 20.

    Amend sec. 21, page 10, by deleting line 25 and inserting: “required to pay:

        (1) Any costs and expenses that are incurred to carry out the provisions of sections 2 to 19, inclusive, of this act, including, without limitation, any costs and expenses incurred by the Office of the Attorney General; and

        (2) Any claims for per diem allowances and travel”.

    Amend sec. 21, page 10, by deleting lines 29 through 34, and inserting: “the account must be used to pay [claims made:] :

    (a) Claims made by owners who are damaged by the failure of a residential contractor to perform qualified services adequately, as provided in [NRS 624.400 to 624.560, inclusive,] sections 2 to 19, inclusive, of this act;

    (b) Claims submitted pursuant to section 7 of this act; or

    (c) Any other costs and expenses that are incurred to carry out the provisions of sections 2 to 19, inclusive, of this act, including, without limitation, any costs and expenses incurred by the Office of the Attorney General.”.

    Amend the bill as a whole by deleting sections 22 through 38 and renumbering sections 39 through 43 as sections 21 through 25.

    Amend sec. 39, page 18, line 36, by deleting “20,” and inserting “19,”.

    Amend sec. 43, page 23, lines 10 and 19, by deleting “20,” and inserting “19,”.

    Amend sec. 43, page 23, line 21, by deleting “42” and inserting “24”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to real property; creating the Constructional Defect Commission; providing for its membership; setting forth the duties of the Commission; conferring exclusive jurisdiction upon the Commission to determine claims or causes of action for constructional defects; providing exceptions; requiring a claimant to provide certain notices and to allow a contractor a reasonable opportunity to repair a constructional defect before presenting a claim involving the constructional defect to the Commission; setting forth the manner in which a complaint must be presented to the Commission; requiring the Commission to hear a claim of a constructional defect within a certain period; authorizing the Commission to require a contractor to repair a constructional defect under certain circumstances; prohibiting the exclusion of a public officer from a meeting of a unit-owners’ association under certain circumstances; and providing other matters properly relating thereto.”.

    Senator Schneider moved the adoption of the amendment.

    Remarks by Senator Schneider.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 373.

    Bill read second time.

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

    Amendment No. 380.

Amend section 1, page 1, by deleting lines 7 through 9 and inserting:

    2.]  Every common carrier [by special permit shall have with his or its agent or servant in immediate charge, or in the records of the carrier, of every shipment of liquor into this state,] and every regularly operating contract carrier shall make”.

    Amend section 1, page 2, by deleting lines 5 through 18 and inserting:

    2.  The Department may [make rules requiring the carrier to cause the consignee to sign a statement or a postcard, which statement or postcard shall be furnished by the Department to the carrier without expense,] adopt regulations requiring:

    (a) The carrier to:

        (1) Cause a person who is at least 21 years of age to sign for the receipt of each such shipment by the consignee, and to sign a document confirming the delivery of the shipment to the consignee, before the carrier permits the consignee to remove [any such] the shipment from the point of destination or possession of the carrier [, and to cause the carrier to forward such statement or postcard to the Department after having been so signed by the consignee.

    4.] ; and

        (2) Forward to the consignor the signed document confirming the delivery of the shipment to the consignee; and

    (b) The consignor to forward to the Department the signed document confirming the delivery of the shipment to the consignee.

    3.  No liquor [shall] may be imported into this state except by a common carrier, a regularly operating contract carrier [regularly operating as such,] or a”.

    Amend section 1, page 2, between lines 32 and 33, by inserting:

    5.  As used in this section:

    (a) “Common carrier” means a person who undertakes for hire, as a regular business, the transportation of liquor from place to place, and who offers its services to all who choose to employ it and to pay its charges therefor.

    (b) “Regularly operating contract carrier” means a person who, as a regular business, transports liquor from place to place pursuant to continuing contractual obligations.”.

    Amend the title of the bill, second line, by deleting “liquor;” and inserting: “liquor by a common or contract carrier;”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Revises certain provisions governing importation of liquor by common or contract carrier. (BDR 32‑858)”.

    Senator Schneider moved the adoption of the amendment.

    Remarks by Senator Schneider.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 411.

    Bill read second time.

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

    Amendment No. 319.

Amend section 1, page 1, line 7, by deleting “5” and inserting “2”.

    Amend section 1, page 2, by deleting lines 3 through 6.

    Senator Rawson moved the adoption of the amendment.

    Remarks by Senator Rawson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 425.

    Bill read second time.

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

    Amendment No. 250.

    Amend section 1, page 1, line 2, by deleting; “2 and 3” and inserting: “2, 3 and 3.5”.

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

    Sec. 3.5.  1.  A wholesaler may sell a prescription drug only to:

    (a) A pharmacy or practitioner; or

    (b) Another wholesaler if:

        (1) The wholesaler who purchases the drug is licensed by the Board; and

        (2) The sale is a bona fide transaction.

    2.  A wholesaler may purchase a prescription drug only from:

    (a) A manufacturer; or

    (b) Another wholesaler if:

        (1) The wholesaler who sells the drug is licensed by the Board; and

        (2) The sale is a bona fide transaction.

    3.  The Board shall not limit the quantity of prescription drugs a wholesaler may purchase, sell, distribute or otherwise provide to another wholesaler, distributor or manufacturer.

    4.  For the purposes of this section:

    (a) A purchase shall be deemed a bona fide transaction if:

        (1) The wholesaler purchased the drug:

            (I) Directly from the manufacturer of the drug; or

            (II) With a reasonable belief that the drug was originally purchased directly from the manufacturer of the drug;

        (2) The circumstances of the purchase reasonably indicate that the drug was not purchased from a source prohibited by law;

        (3) Unless the drug is purchased by the wholesaler from the manufacturer, before the wholesaler sells the drug to another wholesaler, the wholesaler who sells the drug conducts a reasonable visual examination of the drug to ensure that the drug is not:

            (I) Counterfeit;

            (II) Deemed to be adulterated or misbranded in accordance with the provisions of chapter 585 of NRS;

            (III) Mislabeled;

            (IV) Damaged or compromised by improper handling, storage or temperature control;

            (V) From a foreign or unlawful source; or

            (VI) Manufactured, packaged, labeled or shipped in violation of any state or federal law relating to prescription drugs;

        (4) The drug is shipped directly from the wholesaler who sells the drug to the wholesaler who purchases the drug; and

        (5) The documents of the shipping company concerning the shipping of the drug are attached to the invoice for the drug and are maintained in the records of the wholesaler.

    (b) A sale shall be deemed a bona fide transaction if there is a reasonable assurance by the wholesaler that purchases the drug that the wholesaler will sell the drug directly and only to a pharmacy or practitioner.

    (c) The purchase or sale of a prescription drug includes, without limitation, the distribution, transfer, trading, bartering or any other provision of a prescription drug to another person by a wholesaler. A transfer of a prescription drug from a wholesale facility of a wholesaler to another wholesale facility of the wholesaler shall not be deemed a purchase or sale of a prescription drug pursuant to this section if the wholesaler is a corporation whose securities are publicly traded and regulated by the Securities Exchange Act of 1934.”.

    Amend sec. 16, page 8, by deleting lines 7 through 11 and inserting: “pharmaceutical technicians and supportive personnel; and

    (b) [Services] The services which may be performed by pharmaceutical”.

    Amend sec. 20, page 10, line 21, by deleting “50” and inserting “[50] 20”.

    Amend sec. 20, page 10, line 23, by deleting “50” and inserting “[50] 20”.

    Amend the bill as a whole by adding a new section designated sec. 24.5, following sec. 24, to read as follows:

    Sec. 24.5.  NRS 639.233 is hereby amended to read as follows:

    639.233  1.  Any person, including a wholesaler or manufacturer, who engages in the business of wholesale distribution or furnishing controlled substances, poisons, drugs, devices or appliances that are restricted by federal law to sale by or on the order of a physician to any person located within this state shall obtain a license pursuant to the provisions of this chapter.

    2.  [The provisions of subsection 1 do not apply to a wholesaler or manufacturer whose principal place of business is located in another state and who ships controlled substances, drugs, poisons or restricted devices or appliances to a wholesaler or manufacturer located within this state and licensed by the Board.

    3.]  For the purpose of this section, a person is “engaged in the business of furnishing” if he:

    (a) Solicits or accepts orders for drugs or devices whose sale in this state is restricted by this chapter or chapter 453 or 454 of NRS; or

    (b) Receives, stores or ships such drugs or devices.”.

    Amend sec. 25, page 13, line 24, by deleting “inspection” and inserting: “inspection , copying and removal for copying”.

    Amend sec. 25, page 13, line 27, after “licensee” by inserting: “is not a resident of this state and”.

    Amend sec. 25, page 13, by deleting lines 36 through 38 and inserting:

    “4.  [Failure] The intentional failure to furnish a true copy of the required records or the intentional refusal to permit their inspection is a ground for [the revocation or] summary suspension of and disciplinary action relating to any license issued pursuant to NRS 639.233.”.

    Amend the bill as a whole by adding a new section designated sec. 40.5, following sec. 40, to read as follows:

    Sec. 40.5.  NRS 453.375 is hereby amended to read as follows:

    453.375  A controlled substance may be possessed and administered by the following persons:

    1.  A practitioner.

    2.  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, physician assistant, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.

    3.  An advanced emergency medical technician:

    (a) As authorized by regulation of:

        (1) The State Board of Health in a county whose population is less than 100,000; or

        (2) A county or district board of health in a county whose population is 100,000 or more; and

    (b) In accordance with any applicable regulations of:

        (1) The State Board of Health in a county whose population is less than 100,000;

        (2) A county board of health in a county whose population is 100,000 or more; or

        (3) A district board of health created pursuant to NRS 439.370 in any county.

    4.  A respiratory therapist, at the direction of a physician or physician assistant.

    5.  A medical student, student in training to become a physician assistant or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician or physician assistant and:

    (a) In the presence of a physician, physician assistant or a registered nurse; or

    (b) Under the supervision of a physician, physician assistant or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician, physician assistant or nurse.

A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

    6.  An ultimate user or any person whom the ultimate user designates pursuant to a written agreement.

    7.  Any person designated by the head of a correctional institution.

    8.  A veterinary technician at the direction of his supervising veterinarian.

    9.  In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

    10.  In accordance with applicable regulations of the State Board of Pharmacy, an animal control officer, a wildlife biologist or an employee designated by a federal, state or local governmental agency whose duties include the control of domestic, wild and predatory animals.

    11.  A person who is enrolled in a training program to become an advanced emergency medical technician, respiratory therapist or veterinary technician if the person possesses and administers the controlled substance in the same manner and under the same conditions that apply, respectively, to an advanced emergency medical technician, respiratory therapist or veterinary technician who may possess and administer the controlled substance, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.”.

    Amend the bill as a whole by adding a new section designated sec. 41.5, following sec. 41, to read as follows:

    Sec. 41.5.  NRS 454.213 is hereby amended to read as follows:

    454.213  A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

    1.  A practitioner.

    2.  A physician assistant at the direction of his supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

    3.  Except as otherwise provided in subsection 4, a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician assistant, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.

    4.  In accordance with applicable regulations of the Board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:

    (a) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and

    (b) Acting under the direction of the medical director of that agency or facility who works in this state.

    5.  An intermediate emergency medical technician or an advanced emergency medical technician, as authorized by regulation of the State Board of Pharmacy and in accordance with any applicable regulations of:

    (a) The State Board of Health in a county whose population is less than 100,000;

    (b) A county board of health in a county whose population is 100,000 or more; or

    (c) A district board of health created pursuant to NRS 439.370 in any county.

    6.  A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

    7.  A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

    8.  A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:

    (a) In the presence of a physician or a registered nurse; or

    (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

    9.  Any person designated by the head of a correctional institution.

    10.  An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

    11.  A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

    12.  A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

    13.  A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

    14.  A physical therapist, but only if the drug or medicine is a topical drug which is:

    (a) Used for cooling and stretching external tissue during therapeutic treatments; and

    (b) Prescribed by a licensed physician for:

        (1) Iontophoresis; or

        (2) The transmission of drugs through the skin using ultrasound.

    15.  In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

    16.  A veterinary technician at the direction of his supervising veterinarian.

    17.  In accordance with applicable regulations of the Board, a registered pharmacist who:

    (a) Is trained in and certified to carry out standards and practices for immunization programs;

    (b) Is authorized to administer immunizations pursuant to written protocols from a physician; and

    (c) Administers immunizations in compliance with the “Standards of Immunization Practices” recommended and approved by the United States Public Health Service Advisory Committee on Immunization Practices.

    18.  A person who is enrolled in a training program to become a physician assistant, dental hygienist, intermediate emergency medical technician, advanced emergency medical technician, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant, dental hygienist, intermediate emergency medical technician, advanced emergency medical technician, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to pharmacy; increasing the fee for the biennial renewal of a license for a manufacturer or wholesaler; abolishing inactive licenses; revising provisions governing prescriptions purchased with cash; revising provisions governing the sale and purchase of prescription drugs by a wholesaler; revising provisions governing a rehearing of the State Board of Pharmacy concerning a contest or appeal of a decision of the Board; repealing the requirement that a notice concerning the substitution of certain drugs be displayed in a pharmacy; reducing the fees for the initial registration and renewal of a registration of supportive personnel; authorizing persons enrolled in certain training programs to administer controlled substances and certain drugs and medicines; and providing other matters properly relating thereto.”.

    Senator Carlton moved the adoption of the amendment.

    Remarks by Senator Carlton.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 426.

    Bill read second time.

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

    Amendment No. 381.

Amend section 1, page 2, line 9, by deleting “14,” and inserting “10,”.

    Amend section 1, page 2, by deleting line 24 and inserting: “decisions concerning the construction”.

    Amend section 1, page 2, line 35, by deleting “14,” and inserting “10,”.

    Amend section 1, page 2, by deleting lines 37 and 38 and inserting: “by the State and by any local governments of applications to construct facilities for personal wireless service and to encourage the State and any local governments to allow the construction of facilities for personal wireless service on government property.”.

    Amend sec. 2, page 2, line 40, by deleting “14,” and inserting “10,”.

    Amend sec. 3, page 2, line 42, by deleting “14,” and inserting “10,”.

    Amend sec. 3, page 2, line 44, by deleting “11,” and inserting “7,”.

    Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 and 6 as sections 4 and 5.

    Amend sec. 6, page 3, by deleting lines 9 and 10 and inserting:

    Sec. 5.  “Land use authority” means an agency, bureau, board, commission, department, division, officer or employee of the State or of a local government authorized by law to take action on an application to construct a facility for personal wire service.”.

    Amend the bill as a whole by deleting sec. 7 and renumbering sec. 8 as sec. 6.

    Amend the bill as a whole by deleting sec. 9 and renumbering sec. 10 as sec. 7.

    Amend the bill as a whole by deleting sec. 11 and renumbering sections 12 through 15 as sections 8 through 11.

    Amend sec. 12, page 3, by deleting lines 26 through 30 and inserting: “ordinance to the contrary, a land use authority with jurisdiction over an application to construct a facility for personal wireless service shall, after notice and an opportunity for a hearing, approve the application if:

    (a) The applicant is a provider of wireless telecommunications that is”.

    Amend sec. 12, pages 3 and 4, by deleting lines 34 through 45 on page 3 and lines 1 through 15 on page 4, and inserting:

    (b) The facility for personal wireless service is to be:

        (1) Architecturally integrated with its surroundings so that it appears to be an architectural feature of a building or other structure and its nature as a facility for personal wireless service is not readily apparent;

        (2) Collocated with a facility for personal wireless service approved, or capable of being approved, by the land use authority;

        (3) Constructed on an existing building or structure owned by a public utility or on property owned by the State or by a local government; or

        (4) If constructed on an existing building or structure not owned by a public utility, architecturally compatible with the building or structure and not more than 10 feet taller than the building or structure.

    2.  The land use authority shall not:

    (a) Consider the environmental effects of radio frequency emissions”.

    Amend section 12, page 4, by deleting lines 19 through 21 and inserting:

    (b) Deny or condition the approval of the application to construct a facility for personal wireless service on the basis of its design if the applicant demonstrates that the design of the facility is consistent with community aesthetics.

    (c) If the application to construct a facility for personal wireless services requests the use of a public right-of-way, deny the application if the proposed use:

        (1) Meets all applicable requirements for use of a public right-of-way; and

        (2) Does not endanger the public health or safety.

    3.  A land use authority of a local government may provide for the administrative appeal of a decision made pursuant to this section.”.

    Amend section 13, page 4, by deleting lines 22 through 33 and inserting:

    “Sec. 9.  A land use authority, in connection with an application to construct a facility for personal wireless service, may assess the applicant for the actual costs incurred by the land use authority to process the application.”.

    Amend section 14, pages 4 and 5, by deleting lines 34 through 45 on page 4 and lines 1 through 4 on page 5, and inserting:

    “Sec. 10.  1.  A land use authority that denies or conditions the approval of an application to construct a facility for personal wireless service shall issue a written decision. The decision must:

    (a) Set forth with specificity each ground on which the authority denied or conditioned the approval of the application; and

    (b) Be supported by substantial evidence contained in a written record.

    2.  A person who brings an action against a land use authority pursuant to NRS 278.0233 shall file a copy of the decision and record with the court.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to wireless telecommunications; establishing a statewide procedure for approval by a state or local land use authority of an application for the construction of a facility for personal wireless service under certain circumstances; authorizing a land use authority to assess an applicant for the actual costs incurred by the authority to process an application; requiring that a denial or conditional approval of an application be in writing, set forth each ground for denial or conditional approval, and be supported by substantial evidence contained in a written record; and providing other matters properly relating thereto.”.


    Amend the summary of the bill to read as follows:

    “SUMMARY—Establishes statewide procedures for approval of applications for construction of facilities for personal wireless communications. (BDR 58‑1286)”.

    Senator Hardy moved the adoption of the amendment.

    Remarks by Senator Hardy.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 428.

    Bill read second time.

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

    Amendment No. 310.

    Amend sec. 5, page 3, lines 6 and 7, by deleting “any account” and inserting: “all financial accounts related to the business”.

    Amend sec. 5, page 3, by deleting lines 10 through 14 and inserting: “broker’s business and the Division:”.

    Amend sec. 5, page 3, line 15, by deleting “(b)” and inserting “(a)”.

    Amend sec. 5, page 3, line 19, by deleting “(c)” and inserting “(b)”.

    Amend sec. 5, page 3, line 37, by deleting “business.” and inserting: “business and which creates a substantial risk of harm to the public or a consumer.”.

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

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

    Amend sec. 12, page 6, by deleting line 40 and inserting “2.  Each”.

    Amend sec. 12, page 7, by deleting lines 21 through 26.

    Amend sec. 17, page 11, by deleting line 33, and inserting:

  3.] 4.  Each”.

    Amend sec. 17, page 12, by deleting lines 11 through 16.

    Amend sec. 17, page 12, line 17, by deleting “7.” and inserting “[4.] 6.”.

    Amend sec. 25, page 16, by deleting line 20 and inserting:

    2.  Each applicant”.

    Amend sec. 25, page 17, by deleting lines 1 through 6.

    Amend sec. 31, page 19, by deleting line 16 and inserting:

    2.  Each applicant”.

    Amend sec. 31, pages 19 and 20, by deleting lines 42 through 44 on page 19 and lines 1 and 2 on page 20.

    Amend sec. 53, page 30, by deleting line 6 and inserting “4.  Each”.

    Amend sec. 53, pages 30 and 31, by deleting lines 44 and 45 on page 30 and lines 1 through 7 on page 31, and inserting:

    [8.] 9.  The Administrator may adopt regulations establishing and governing requirements for the continuing education of sales agents.”.

    Senator Carlton moved the adoption of the amendment.

    Remarks by Senator Carlton.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 429.

    Bill read second time.

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

    Amendment No. 311.

    Amend the bill as a whole by deleting sections 1 through 15 and adding new sections designated sections 1 through 8, following the enacting clause, to read as follows:

    Section 1.  Chapter 711 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If the governing body of a county or city is authorized pursuant to NRS 711.175 to sell the services of a community antenna television system to the general public, the governing body, and any entity or agency that is directly or indirectly controlled by the county or city, shall not construct, own, manage or operate a community antenna television system in any area outside its territorial boundaries unless it:

    (a) Obtains a franchise from the appropriate governing body pursuant to NRS 711.190 for that portion of the community antenna television system which it constructs, owns, manages or operates outside its territorial boundaries; and

    (b) Complies with the same federal, state and local requirements that apply to a privately held community antenna television company with regard to that portion of the community antenna television system which it constructs, owns, manages or operates outside its territorial boundaries.

    2.  On and after October 1, 2003, if the governing body of a county or city is authorized pursuant to NRS 711.175 to sell the services of a community antenna television system to the general public, the governing body, and any entity or agency that is directly or indirectly controlled by the county or city, shall not construct, own, manage or operate a community antenna television system in any area within its territorial boundaries which is governed by another governing body and which is served by one or more privately held community antenna television companies unless it:

    (a) Obtains a franchise from the other governing body pursuant to NRS 711.190 or enters into an interlocal agreement with the other governing body;

    (b) Is required by the franchise or interlocal agreement to comply with the same requirements that apply to the privately held community antenna television companies; and

    (c) Is prohibited by the franchise or interlocal agreement from providing the services of the community antenna television system, free of charge, to any governmental officer or employee for his personal or household use.


    Sec. 2.  NRS 711.175 is hereby amended to read as follows:

    711.175  1.  Except as otherwise provided in subsection 2 and NRS 318.1192, 318.1193 and 318.1194:

    [1.] (a) The governing body of a county whose population is 50,000 or more , and any entity or agency that is directly or indirectly controlled by such a county, shall not sell the services of a community antenna television system to the general public.

    [2.] (b) The governing body of a city whose population is 25,000 or more , and any entity or agency that is directly or indirectly controlled by such a city, shall not sell the services of a community antenna television system to the general public.

    2.  If the governing body of a county or city, or any entity or agency that is directly or indirectly controlled by such a county or city, was selling the services of a community antenna television system to the general public on April 1, 2003, it may continue to sell the services of a community antenna television system to the general public after that date, regardless of the population of the county or city.

    Sec. 3.  NRS 711.190 is hereby amended to read as follows:

    711.190  1.  Except as otherwise provided in NRS 318.1194:

    (a) A city [council] may grant a franchise to a community antenna television company for the construction, maintenance and operation of a community antenna television system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.

    (b) A county may grant a franchise to a community antenna television company for the construction, maintenance and operation of a community antenna television system which requires the use of the property of the county or any town in the county or that portion of the county or town dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.

    2.  If a local government grants a franchise to two or more community antenna television companies to construct, maintain or operate a community antenna television system in the same area, the local government shall impose the same terms and conditions on each franchise [.] and shall enforce those terms and conditions in a nondiscriminatory manner.

    3.  A community antenna television company that is granted a franchise pursuant to this [section] chapter may provide telecommunications service or interactive computer service without obtaining a separate franchise from the local government.

    4.  A local government that grants a franchise pursuant to this [section] chapter shall not require the community antenna television company to place its facilities in ducts or conduits or on poles owned or leased by the local government.

    5.  If a county whose population is 400,000 or more, or an incorporated city located in whole or in part within such a county, grants a franchise pursuant to this [section,] chapter, the term of the franchise must be at least 10 years. If a franchisee notifies such a county or city on or before the end of the eighth year of a franchise that it wishes to extend the franchise, the county or city shall, on or before the end of the ninth year of the franchise, grant an extension of 5 years on the same terms and conditions, unless the franchisee has not substantially complied with the terms and conditions of the franchise agreement.

    6.  As used in this section:

    (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on July 16, 1997.

    (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.

    Sec. 4.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If the governing body of a county is authorized pursuant to NRS 711.175 to sell video programming services to the general public over a community antenna television system, the governing body, and any entity or agency that is directly or indirectly controlled by the county, shall not do any of the following:

    (a) Sell such video programming services at a price that is less than the actual cost of the video programming services or sell a bundle of services containing such video programming services at a price that is less than the actual cost of the bundle of services.

    (b) Use any money from the county general fund for the provision of such video programming services over its community antenna television system.

    (c) Use its rights-of-way, its property or any special power it may possess by virtue of its status as a government or a government-owned utility to:

        (1) Create a preference or advantage for its community antenna television system; or

        (2) Impose any discriminatory burden on any privately held community antenna television company.

    2.  The provisions of this section must be enforced in the manner set forth in paragraph (c) of subsection 4 of NRS 354.624 and paragraph (c) of subsection 5 of NRS 354.624.

    3.  The provisions of this section do not create an exclusive remedy and do not abrogate or limit any other action or remedy that is available to the governing body or a privately held community antenna television company pursuant to any other statute or the common law.

    4.  As used in this section:

    (a) “Community antenna television company” has the meaning ascribed to it in NRS 711.030.

    (b) “Community antenna television system” has the meaning ascribed to it in NRS 711.040.

    (c) “Video programming services” means services which are provided over a community antenna television system and which contain:

        (1) Programming provided by a television broadcast station; or

        (2) Programming that is generally considered comparable to programming provided by a television broadcast station.

    Sec. 5.  NRS 277.045 is hereby amended to read as follows:

    277.045  1.  Except as limited by NRS 280.105 [,] and 711.175, any two or more political subdivisions of this state, including , without limitation , counties, incorporated cities and towns, unincorporated towns, school districts and special districts, may enter into a cooperative agreement for the performance of any governmental function. Such an agreement may include the furnishing or exchange of personnel, equipment, property or facilities of any kind, or the payment of money.

    2.  Every such agreement must be by formal resolution or ordinance of the governing body of each political subdivision included, and must be spread at large upon the minutes, or attached in full thereto as an exhibit, of each governing body.

    3.  Each participating political subdivision shall provide in its annual budget for any expense to be incurred under any such agreement, the money for which is not made available through grant, gift or other source.

    Sec. 6.  NRS 277.110 is hereby amended to read as follows:

    277.110  Except as limited by NRS 280.105 [:] and 711.175:

    1.  Any power, privilege or authority exercised or capable of exercise by a public agency of this state, including, but not limited to, law enforcement, may be exercised jointly with any other public agency of this state, and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise. Any agency of this state when acting jointly with any other public agency may exercise all the powers, privileges and authority conferred by NRS 277.080 to 277.180, inclusive, upon a public agency.

    2.  Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of NRS 277.080 to 277.170, inclusive. Those agreements become effective only upon ratification by appropriate ordinance, resolution or otherwise pursuant to law on the part of the governing bodies of the participating public agencies. If it is reasonably foreseeable that a participating public agency will be required to expend $2,000 or more to carry out such an agreement, the agreement must be in writing.

    Sec. 7.  NRS 354.624 is hereby amended to read as follows:

    354.624  1.  Each local government shall provide for an annual audit of all of its financial statements. A local government may provide for more frequent audits as it deems necessary. Except as otherwise provided in subsection 2, each annual audit must be concluded and the report of the audit submitted to the governing body as provided in subsection 6 not later than 5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the Department of Taxation to any local government that submits an application for an extension to the Department. If the local government fails to provide for an audit in accordance with the provisions of this section, the Department of Taxation shall cause the audit to be made at the expense of the local government. All audits must be conducted by a certified public accountant or by a partnership or professional corporation that is registered pursuant to chapter 628 of NRS.

    2.  The annual audit of a school district must:

    (a) Be concluded and the report submitted to the board of trustees as provided in subsection 6 not later than 4 months after the close of the fiscal year for which the audit is conducted.

    (b) If the school district has more than 150,000 pupils enrolled, include an audit of the expenditure by the school district of public money used:

        (1) To design, construct or purchase new buildings for schools or related facilities;

        (2) To enlarge, remodel or renovate existing buildings for schools or related facilities; and

        (3) To acquire sites for building schools or related facilities, or other real property for purposes related to schools.

    3.  The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated and notification of the auditor or firm designated must be sent to the Department of Taxation not later than 3 months before the close of the fiscal year for which the audit is to be made.

    4.  Each annual audit must cover the business of the local government during the full fiscal year. It must be a financial audit conducted in accordance with generally accepted auditing standards in the United States, including [,] findings on compliance with statutes and regulations and an expression of opinion on the financial statements. The Department of Taxation shall prescribe the form of the financial statements, and the chart of accounts must be as nearly as possible the same as the chart that is used in the preparation and publication of the annual budget. The report of the audit must include:

    (a) A schedule of all fees imposed by the local government which were subject to the provisions of NRS 354.5989; [and]

    (b) A comparison of the operations of the local government with the approved budget, including a statement from the auditor that indicates whether the governing body has taken action on the audit report for the prior year [.] ; and

    (c) If the local government is subject to the provisions of section 4 of this act, a report showing that the local government is in compliance with the provisions of paragraphs (a) and (b) of subsection 1 of section 4 of this act.


    5.  Each local government shall provide to its auditor:

    (a) A statement indicating whether each of the following funds established by the local government is being used expressly for the purposes for which it was created, in the form required by NRS 354.6241:

        (1) An enterprise fund.

        (2) An internal service fund.

        (3) A fiduciary fund.

        (4) A self-insurance fund.

        (5) A fund whose balance is required by law to be:

            (I) Used only for a specific purpose other than the payment of compensation to a bargaining unit, as defined in NRS 288.028; or

            (II) Carried forward to the succeeding fiscal year in any designated amount.

    (b) A list and description of any property conveyed to a nonprofit organization pursuant to NRS 244.287 or 268.058.

    (c) If the local government is subject to the provisions of section 4 of this act, a declaration indicating that the local government is in compliance with the provisions of paragraph (c) of subsection 1 of section 4 of this act.

    6.  The opinion and findings of the auditor contained in the report of the audit must be presented at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire report, together with the management letter required by generally accepted auditing standards in the United States or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:

    (a) The clerk or secretary of the governing body;

    (b) The county clerk;

    (c) The Department of Taxation; and

    (d) In the case of a school district, the Department of Education.

    7.  If an auditor finds evidence of fraud or dishonesty in the financial statements of a local government, the auditor shall report such evidence to the appropriate level of management in the local government.

    8.  The governing body shall act upon the recommendations of the report of the audit within 3 months after receipt of the report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.

    Sec. 8.  This act becomes effective upon passage and approval.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to communication services; requiring certain governmental entities that sell the services of a community antenna television system to the general public to comply with certain conditions and limitations relating to the provision of those services; requiring certain governmental entities to demonstrate that they are in compliance with such conditions and limitations under certain circumstances; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes various changes relating to community antenna television systems and video programming services. (BDR 58‑1072)”.

    Senator Hardy moved the adoption of the amendment.

    Remarks by Senators Hardy, Titus, Townsend and Neal.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 447.

    Bill read second time.

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

    Amendment No. 356.

    Amend sec. 8, page 7, line 6, by deleting: “state or national bank located in this state” and inserting: “state, national or federal reserve district bank”.

    Amend sec. 10, page 7, line 15, by deleting “total of” and inserting: “uninsured balances of the”.

    Amend sec. 10, page 7, by deleting lines 27 through 34 and inserting:

        (1) A daily report of the total amount of public money held by the depository;

        (2) A weekly summary report of the total fair market value of securities held by a third-party depository on behalf of the depository;

        (3) A monthly report setting forth a list of acceptable securities, including, without limitation, the fair market value of those securities, held by the depository or held by any third-party depository on behalf of the depository; and

        (4) A current annual report containing the financial statement of the depository; and”.

    Amend sec. 12, page 8, line 12, by deleting “20” and inserting “45”.

    Amend sec. 15, page 10, by deleting lines 20 through 27 and inserting:

    “4.  All securities to be used as such collateral are subject to review by the county treasurer and the board of county commissioners. The depository bank, credit union or savings and loan association shall submit [monthly] reports to the [county treasurer showing the securities which constitute the collateral and their fair market value.] State Treasurer as required pursuant to sections 4 to 13, inclusive, of this act. The State Treasurer will provide periodic reports to the county treasurer showing the securities which constitute the collateral and their fair market value.”.

    Senator Townsend moved the adoption of the amendment.

    Remarks by Senator Townsend.

    Conflict of interest declared by Senator Raggio.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 448.

    Bill read second time.

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

    Amendment No. 355.

    Amend sec. 7, page 3, line 3, by deleting “The” and inserting: “On or before December 31, 2006, the”.

    Amend sec. 16, page 8, by deleting lines 13 through 16 and inserting:

    [7.  Not more than 2 percent of the amount of]

    8.  The money in the Trust Fund may be used to pay the costs of administering the Trust Fund [.

    8. ] as follows:

    (a) Until the sale of the right of the State to receive 50 percent of the tobacco proceeds pursuant to section 7 of this act, not more than 2 percent of the amount of money in the Trust Fund may be used to pay the costs of administering the Trust Fund.

    (b) After the sale of the right of the State to receive 50 percent of the tobacco proceeds pursuant to section 7 of this act, not more than one-half of one percent of the amount of money in the Trust Fund may be used to pay the costs of administering the Trust Fund.

    9.  The money in the Trust Fund remains in the Fund and”.

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

    Sec. 17.  NRS 396.930 is hereby amended to read as follows:

    396.930  1.  Except as otherwise provided in subsections 2 and 3, a student may apply to the Board of Regents for a millennium scholarship if he:

    (a) Has been a resident of this state for at least 2 years before he applies for the scholarship;

    (b) Except as otherwise provided in paragraph (c), graduated from a public or private high school in this state:

        (1) After May 1, 2000 [; and

        (2) Not] , but not later than May 1, 2003; or

        (2) After May 1, 2003, and, except as otherwise provided in paragraph (d) of subsection 2, not more than [8] 6 years before he applies for the scholarship;

    (c) Does not satisfy the requirements of paragraph (b) and:

        (1) Was enrolled as a pupil in a public or private high school in this state with a class of pupils who were regularly scheduled to graduate after May 1, 2000;

        (2) Received his high school diploma within [5] 4 years after he was regularly scheduled to graduate; and

        (3) Applies for the scholarship not more than [8] 6 years after he was regularly scheduled to graduate from high school;

    (d) Maintained [at least a 3.0 grade-point average on a 4.0 grading scale] in high school in the [core curriculum, as determined] courses designated by the Board of Regents pursuant to paragraph (c) of subsection 2 [;] , at least:

        (1) A 3.0 grade-point average on a 4.0 grading scale, if he was a member of the graduating class of 2003 or 2004;

        (2) A 3.1 grade-point average on a 4.0 grading scale, if he was a member of the graduating class of 2005 or 2006; or

        (3) A 3.25 grade-point average on a 4.0 grading scale, if he was a member of the graduating class of 2007 or a later graduating class; and

    (e) Is enrolled in at least:

        (1) Six semester credit hours in a community college within the System; or

        (2) Twelve semester credit hours in another eligible institution.

    2.  The Board of Regents [shall:

    (a) Define] :

    (a) Shall define the core curriculum that a student must complete in high school to be eligible for a millennium scholarship.

    (b) [Develop] Shall develop a plan to ensure that needy students and students from families that otherwise could not afford to send their children to college receive millennium scholarships.

    (c) Shall designate the courses in which a student must earn the minimum grade-point averages set forth in paragraph (d) of subsection 1.

    (d) May establish criteria with respect to students who have been on active duty serving in the Armed Forces of the United States to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1.

    3.  Except as otherwise provided in paragraph (c) of subsection 1, for students who did not graduate from a public or private high school in this state and who have been residents of this state for at least 2 years, the Board of Regents shall establish:

    (a) The minimum score on a standardized test that such students must receive; or

    (b) Other criteria that students must meet,

to be eligible for millennium scholarships.

    4.  In awarding scholarships, the Board of Regents shall enhance its outreach to students who:

    (a) Are pursuing a career in education or health care;

    (b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to an eligible institution; or

    (c) Substantially participated in an antismoking, antidrug or antialcohol program during high school.”.

    Amend sec. 18, page 10, by deleting line 19 and inserting:

    “(b) [Maintain] If the student graduated from high school after May 1, 2003, maintain at least a [2.0] 2.6 grade-point average on a 4.0”.

    Amend sec. 21, pages 13 and 14, by deleting lines 41 through 44 on page 13 and line 1 on page 14, and inserting:

    “(c) [Actual] Except as otherwise provided in this paragraph, actual costs incurred by the Health Division for providing administrative assistance to the Board . [, but in] In no event may [more than 2 percent of] the money in the Fund be used for administrative expenses or other indirect costs [.

    7.] in more than the following amounts:

        (1) Until the sale of the right of the State to receive 50 percent of the tobacco proceeds pursuant to section 7 of this act, not more than 2 percent of the money in the Fund may be used for administrative expenses or other indirect costs.

        (2) After the sale of the right of the State to receive 50 percent of the tobacco proceeds pursuant to section 7 of this act, not more than one-half of one percent of the money in the Fund may be used for administrative expenses or other indirect costs.

    8.  The money in the Trust Fund remains in the Fund and”.

    Senator Townsend moved the adoption of the amendment.

    Remarks by Senator Townsend.

    Conflict of interest declared by Senator Raggio.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 453.

    Bill read second time.

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

    Amendment No. 358.

    Amend the bill as a whole by deleting sections 1 through 30 and adding new sections designated sections 1 through 45, following the enacting clause, to read as follows:

    Section 1.  Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.

    Sec. 2.  “Statewide voter registration list” means the list of registered voters established and maintained pursuant to section 3 of this act.

    Sec. 3.  1.  The Secretary of State shall establish and maintain an official statewide voter registration list in consultation with each county and city clerk.

    2.  The statewide voter registration list must:

    (a) Be a uniform, centralized and interactive computerized list;

    (b) Serve as the single method for storing and managing the official list of registered voters in this state;

    (c) Serve as the official list of registered voters for the conduct of all elections in this state;

    (d) Contain the name and registration information of every legally registered voter in this state;

    (e) Include a unique identifier assigned by the Secretary of State to each legally registered voter in this state;

    (f) Be coordinated with the appropriate databases of other agencies in this state;

    (g) Be electronically accessible to each state and local election official in this state at all times;

    (h) Allow for data to be shared with other states under certain circumstances; and

    (i) Be regularly maintained to ensure the integrity of the registration process and the election process.

    3.  Each county and city clerk shall:

    (a) Electronically enter into the statewide voter registration list all information related to voter registration obtained by the county or city clerk at the time the information is provided to the county or city clerk; and

    (b) Provide the Secretary of State with information concerning the voter registration of the county or city and any other information requested by the Secretary of State in the form required by the Secretary of State to establish or maintain the statewide voter registration list.

    4.  In establishing and maintaining the statewide voter registration list, the Secretary of State shall enter into a cooperative agreement with the Department of Motor Vehicles to match information in the database of the statewide voter registration list with information in the appropriate database of the Department of Motor Vehicles to verify the accuracy of the information in an application to register to vote.

    5.  The Department of Motor Vehicles shall enter into an agreement with the Social Security Administration pursuant to 42 U.S.C. § 15483, to verify the accuracy of information in an application to register to vote.

    Sec. 4.  If a county or city uses paper ballots or punch cards in an election, including, without limitation, for absent ballots and ballots voted in a mailing precinct, the county or city clerk shall provide a voter education program specific to the voting system used by the county or city. The voter education program must include, without limitation, information concerning the effect of overvoting and the procedures for correcting a vote on a ballot before it is cast and counted and for obtaining a replacement ballot.

    Sec. 5.  The Secretary of State and each county and city clerk shall ensure that each voting system used in this state:

    1.  Secures to each voter privacy and independence in the act of voting, including, without limitation, confidentiality of the ballot of the voter;

    2.  Allows each voter to verify privately and independently the votes selected by the voter on the ballot before the ballot is cast and counted;

    3.  Provides each voter with the opportunity, in a private and independent manner, to change the ballot and to correct any error before the ballot is cast and counted, including, without limitation, the opportunity to correct an error through the issuance of a replacement ballot if the voter is otherwise unable to change the ballot or correct the error;

    4.  Provides a permanent paper record with a manual audit capacity which must be available as an official record for a recount; and

    5.  Meets or exceeds the standards for voting systems established by the Federal Election Commission, including, without limitation, the error rate standards.

    Sec. 6.  1.  Each voting system used by a county or city shall provide voting materials in English and other languages in compliance with the provisions of 42 U.S.C. § 1973aa-1a.

    2.  As used in this section, the term “voting materials” has the meaning ascribed to it in 42 U.S.C. § 1973aa-1a.

    Sec. 7.  A person at a polling place may cast a provisional ballot in an election to vote for a candidate if the person complies with the applicable provisions of section 8 of this act and:

    1.  Declares that he has registered to vote and is eligible to vote at that election in that jurisdiction, but his name does not appear on the statewide voter registration list as a voter eligible to vote in that election in that jurisdiction;

    2.  Applies by mail to register to vote and has not previously voted in an election in this state and fails to provide the identification required pursuant to paragraph (a) of subsection 1 of section 10 of this act to the election board officer at the polling place; or

    3.  Declares that he is entitled to vote after the polling place would normally close as a result of a court order or other order extending the time established for the closing of polls pursuant to a law of this state in effect 10 days before the date of the election.

    Sec. 8.  1.  Before a person may cast a provisional ballot pursuant to section 7 of this act, the person must complete a written affirmation on a form provided by an election board officer, as prescribed by the Secretary of State, at the polling place which includes:

    (a) The name of the person casting the provisional ballot;

    (b) The reason for casting the provisional ballot;

    (c) A statement in which the person casting the provisional ballot affirms under penalty of perjury that he is a registered voter in the jurisdiction and is eligible to vote in the election;

    (d) The date and type of election;

    (e) The signature of the person casting the provisional ballot;

    (f) The signature of the election board officer;

    (g) A unique affirmation identification number assigned to the person casting the provisional ballot;

    (h) If the person is casting the provisional ballot pursuant to subsection 1 of section 7 of this act:

        (1) An indication by the person as to whether or not he provided the required identification at the time he applied to register to vote;

        (2) The address of the person as listed on his application to register to vote;

        (3) Information concerning the place, manner and approximate date on which the person applied to register to vote;

        (4) Any other information that the person believes may be useful in verifying that the person has registered to vote; and

        (5) A statement informing the voter that if the voter does not provide identification at the time the voter casts the provisional ballot, the required identification must be provided to the county or city clerk not later than 5 p.m. on the Friday following election day and that failure to do so will result in the provisional ballot not being counted;

    (i) If the person is casting the provisional ballot pursuant to subsection 2 of section 7 of this act:

        (1) The address of the person as listed on his application to register to vote;

        (2) The voter registration number, if any, issued to the person; and

        (3) A statement informing the voter that the required identification must be provided to the county or city clerk not later than 5 p.m. on the Friday following election day and that failure to do so will result in the provisional ballot not being counted; and

    (j) If the person is casting the provisional ballot pursuant to subsection 3 of section 7 of this act, the voter registration number, if any, issued to the person.

    2.  After a person completes a written affirmation pursuant to subsection 1:

    (a) The election board officer shall provide the person with a receipt that includes the unique affirmation identification number described in subsection 1 and that explains how the person may use the free access system established pursuant to section 13 of this act to ascertain whether his vote was counted, and, if his vote was not counted, the reason why the vote was not counted;

    (b) The voter’s name and applicable information must be entered into the roster in a manner which indicates that the voter cast a provisional ballot; and

    (c) The election board officer shall issue a provisional ballot for the jurisdiction in which the voter claims he is eligible to vote and allow the person to cast the provisional ballot.

    Sec. 9.  A person may cast a ballot by mail to vote in an election, which must be treated as a provisional ballot by the county or city clerk if the person:

    1.  Applies by mail to register to vote and has not previously voted in an election in this state;

    2.  Fails to provide the identification required pursuant to paragraph (b) of subsection 1 of section 10 of this act to the county or city clerk at the time that he mails his ballot; and

    3.  Completes the written affirmation set forth in subsection 1 of section 8 of this act.

    Sec. 10.  1.  Except as otherwise provided in subsection 2, in sections 7 and 9 of this act and in federal law, a person who registers by mail to vote in this state and who has not previously voted in an election in this state:

    (a) May vote at a polling place only if the person presents to the election board officer at the polling place:

        (1) A current and valid photo identification of the person; or

        (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including, without limitation, a check, which indicates the name and address of the person; and

    (b) May vote by mail only if the person provides to the county or city clerk:

        (1) A copy of a current and valid photo identification of the person; or

        (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including, without limitation, a check, which indicates the name and address of the person.

    2.  The provisions of this section do not apply to a person who:

    (a) Registers to vote by mail and submits with his application to register to vote:

        (1) A copy of a current and valid photo identification; or

        (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including, without limitation, a check, which indicates the name and address of the person;

    (b) Registers to vote by mail and submits with his application to register to vote a driver’s license number or at least the last four digits of his social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in his application;

    (c) Is entitled to vote an absent ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. §§ 1973ff et seq.;

    (d) Is provided the right to vote otherwise than in person under the Voting Accessibility for the Elderly and Handicapped Act, 42 U.S.C. §§ 1973ee et seq.; or

    (e) Is entitled to vote otherwise than in person under any other federal law.

    Sec. 11.  Each county and city clerk shall establish procedures to:

    1.  Keep each provisional ballot cast pursuant to section 7 or 9 of this act separate from other ballots until it has been determined whether or not the voter was registered and eligible to vote in the election in that jurisdiction;

    2.  Keep each provisional ballot cast pursuant to subsection 3 of section 7 of this act separate from all other provisional ballots; and

    3.  Inform a person whose name does not appear on the statewide voter registration list as an eligible voter for a polling place or who an election official asserts is not eligible to vote at the polling place of the ability of the person to cast a provisional ballot.

    Sec. 12.  1.  Following each election, a canvass of the provisional ballots cast in the election must be conducted pursuant to NRS 293.387 and, if appropriate, pursuant to NRS 293C.387.

    2.  The county and city clerk shall not:

    (a) Include any provisional ballot in the unofficial results reported on election night; or

    (b) Open any envelope containing a provisional ballot before 8 a.m. on the Wednesday following election day.

    3.  Except as otherwise provided in subsection 4, a provisional ballot must be counted if:

    (a) The county or city clerk determines that the person who cast the provisional ballot was registered to vote in the election, eligible to vote in the election and issued the appropriate ballot for the address at which he resides;

    (b) A voter who failed to provide required identification at the polling place or with his mailed ballot provides the required identification to the county or city clerk not later than 5 p.m. on the Friday following election day; or

    (c) A court order has not been issued by 5 p.m. on the Friday following election day directing that provisional ballots cast pursuant subsection 3 of section 7 of this act not be counted, and the provisional ballot was cast pursuant to subsection 3 of section 7 of this act.

    4.  A provisional ballot must not be counted if the county or city clerk determines that the person who cast the provisional ballot cast the wrong ballot for the address at which he resides.

    Sec. 13.  1.  The Secretary of State shall establish a free access system such as a toll-free telephone number or an Internet website to inform a person who cast a provisional ballot whether his vote was counted and, if his vote was not counted, the reason why the vote was not counted.

    2.  The free access system must ensure secrecy of the ballot while protecting the confidentiality and integrity of personal information contained therein.

    3.  Access to information concerning a provisional ballot must be restricted to the person who cast the provisional ballot.

    Sec. 14.  The Secretary of State and each county and city clerk shall ensure that a copy of each of the following is posted in a conspicuous place at each polling place on election day:

    1.  A sample ballot;

    2.  Information concerning the date and hours of operation of the polling place;

    3.  Instructions for voting and casting a ballot, including a provisional ballot;

    4.  Instructions concerning the identification required for persons who registered by mail and are first-time voters in this state;

    5.  Information concerning the accessibility of polling places to persons with disabilities; and

    6.  General information concerning federal and state laws which prohibit acts of fraud and misrepresentation.

    Sec. 15.  1.  The Secretary of State shall:

    (a) Provide information regarding voter registration and absentee voting by Armed Forces personnel and overseas voters;

    (b) Within 90 days after the date of each general election and general city election in which electors voted for federal offices, submit to the Election Assistance Commission established pursuant to 42 U.S.C. § 15321 a report of the combined number of absentee ballots transmitted to absent Armed Forces personnel and overseas voters for the election and the combined number of such ballots that were returned by such voters and cast in the election;

    (c) Make each report submitted pursuant to paragraph (b) available to the public; and

    (d) Adopt any regulations which are necessary to comply with the provisions of the Help America Vote Act of 2002, Public Law 107-252, and which are not inconsistent with the provisions of this chapter to the extent the provisions of this chapter are consistent with the Help American Vote Act of 2002, Public Law 107-252.

    2.  Each county and city clerk shall provide such information as is requested by the Secretary of State to comply with the provisions of this section.

    Sec. 16.  NRS 293.010 is hereby amended to read as follows:

    293.010  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 293.013 to 293.121, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

    Sec. 17.  NRS 293.1279 is hereby amended to read as follows:

    293.1279  1.  If the statistical sampling shows that the number of valid signatures filed is 90 percent or more, but less than the sum of 100 percent of the number of signatures of registered voters needed to declare the petition sufficient plus the total number of requests to remove a name received by the county clerks pursuant to NRS 295.055 or 306.015, the Secretary of State shall order the county clerks to examine the signatures for verification. The county clerks shall examine the signatures for verification until they determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid. If the county clerks received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerks may not determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid until they have removed each name as requested pursuant to NRS 295.055 or 306.015.

    2.  If the statistical sampling shows that the number of valid signatures filed in any county is 90 percent or more but less than the sum of 100 percent of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county plus the total number of requests to remove a name received by the county clerk in that county pursuant to NRS 295.055 or 306.015, the Secretary of State may order the county clerk in that county to examine every signature for verification. If the county clerk received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerk may not determine that 100 percent or more of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county are valid until he has removed each name as requested pursuant to NRS 295.055 or 306.015.

    3.  Within 12 days, excluding Saturdays, Sundays and holidays, after receipt of such an order, the county clerk shall determine from the records of registration what number of registered voters have signed the petition. If necessary, the board of county commissioners shall allow the county clerk additional assistants for examining the signatures and provide for their compensation. In determining from the records of registration what number of registered voters have signed the petition, the county clerk [may use any file or list of registered voters maintained by his office or facsimiles of voters’ signatures.] must use the statewide voter registration list. The county clerk may rely on the appearance of the signature and the address and date included with each signature in determining the number of registered voters that signed the petition.

    4.  Except as otherwise provided in subsection 5, upon completing the examination, the county clerk shall immediately attach to the documents of the petition an amended certificate , properly dated, showing the result of the examination and shall immediately forward the documents with the amended certificate to the Secretary of State. A copy of the amended certificate must be filed in the county clerk’s office.

    5.  For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not forward to the Secretary of State the documents containing the signatures of the registered voters.

    6.  Except for a petition to recall a county, district or municipal officer, the petition shall be deemed filed with the Secretary of State as of the date on which he receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the State.

    7.  If the amended certificates received from all county clerks by the Secretary of State establish that the petition is still insufficient, he shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the Secretary of State shall also notify the officer with whom the petition is to be filed.


    Sec. 18.  NRS 293.272 is hereby amended to read as follows:

    293.272  1.  Except as otherwise provided in subsection 2 [,] and in sections 9 and 10 of this act, a person who registered to vote pursuant to the provisions of NRS 293.5235 [,] shall, for the first election in which he votes at which that registration is valid, vote in person unless he has previously voted in the county in which he is registered to vote.

    2.  The provisions of subsection 1 do not apply to a person who:

    (a) Is entitled to vote in the manner prescribed in NRS 293.343 to 293.355, inclusive;

    (b) Is entitled to vote an absent ballot pursuant to federal law or NRS 293.316 or 293.3165;

    (c) Is disabled;

    (d) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; or

    (e) Requests an absent ballot in person at the office of the county clerk.

    Sec. 19.  NRS 293.277 is hereby amended to read as follows:

    293.277  1.  If a person’s name appears in the election board register or if he provides an affirmation pursuant to NRS 293.525, he is entitled to vote and must sign his name in the election board register when he applies to vote. His signature must be compared by an election board officer with the signature or a facsimile thereof on his original application to register to vote or one of the forms of identification listed in subsection 2.

    2.  [The] Except as otherwise provided in section 10 of this act, the forms of identification which may be used individually to identify a voter at the polling place are:

    (a) The card issued to the voter at the time he registered to vote;

    (b) A driver’s license;

    (c) An identification card issued by the Department of Motor Vehicles;

    (d) A military identification card; or

    (e) Any other form of identification issued by a governmental agency which contains the voter’s signature and physical description or picture.

    Sec. 20.  NRS 293.2955 is hereby amended to read as follows:

    293.2955  1.  Except as otherwise provided in subsection 2, at all times during which a polling place is open, the polling place must:

    (a) Be accessible to a voter who is elderly or [disabled;] a voter with a disability; and

    (b) Have at least one voting booth that is:

        (1) Designed to allow a voter in a wheelchair to vote;

        (2) Designated for use by a voter who is elderly or [disabled; and] a voter with a disability;

        (3) Equipped to allow a voter who is elderly or [disabled] a voter with a disability to vote with the same privacy as a voter who is not elderly or [disabled.] as a voter without a disability; and

        (4) Equipped with a mechanical recording device which directly records the votes electronically and which may be used by a voter with a disability.

    2.  A polling place that does not comply with the provisions of subsection 1 may be used if necessary because of a natural disaster, including, without limitation, an earthquake, flood, fire or storm.

    3.  At each polling place, the county clerk is encouraged to:

    (a) Post in a conspicuous place, in at least 12-point type, instructions for voting;

    (b) Provide ballots in alternative audio and visual formats for use by a voter who is elderly or [disabled;] a voter with a disability; and

    (c) Provide, in alternative audio and visual formats for use by a voter who is elderly or [disabled,] a voter with a disability, all materials that are:

        (1) Related to the election; and

        (2) Made available to a voter in printed form at the polling place.

    Sec. 21.  NRS 293.313 is hereby amended to read as follows:

    293.313  1.  Except as otherwise provided in NRS 293.272 and 293.502, a registered voter who provides sufficient written notice to the county clerk may vote an absent ballot as provided in this chapter.

    2.  A registered voter who:

    (a) Is at least 65 years of age; or

    (b) Has a physical disability or condition which substantially impairs his ability to go to the polling place,

may request an absent ballot for all elections held during the year he requests an absent ballot. The registered voter must include in his request a description of his physical disability or condition.

    3.  As used in this section, “sufficient written notice” means a:

    (a) Written request for an absent ballot which is signed by the registered voter and returned to the county clerk in person or by mail or facsimile machine;

    (b) Form prescribed by the Secretary of State which is completed and signed by the registered voter and returned to the county clerk in person or by mail or facsimile machine; or

    (c) Form provided by the Federal Government.

    4.  A county clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for [both] an absent ballot for the two primary and general elections [unless otherwise specified in] immediately following the date on which the county clerk received the request.

    5.  It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    Sec. 22.  NRS 293.320 is hereby amended to read as follows:

    293.320  1.  The county clerk shall determine before issuing an absent ballot that the person making application is a registered voter in the proper county.

    2.  Armed Forces personnel who are not registered to vote and are applying for absent ballots must complete:

    (a) The application to register to vote required by NRS 293.517 for registration; or

    (b) The form provided by the Federal Government for registration and request of an absent ballot,

before receiving an absent ballot.

    3.  If the county clerk rejects an application submitted pursuant to subsection 2 or submitted by an overseas voter, the county clerk shall inform the applicant of the reason for the rejection.

    Sec. 23.  NRS 293.504 is hereby amended to read as follows:

    293.504  1.  The following offices shall serve as voter registration agencies:

    (a) Such offices that provide public assistance as are designated by the Secretary of State;

    (b) Each office that receives money from the State of Nevada to provide services to persons in this state who are disabled;

    (c) The offices of the Department of Motor Vehicles;

    (d) The offices of the city and county clerks; and

    (e) Such other offices as the Secretary of State deems appropriate.

    2.  Each voter registration agency shall:

    (a) Post in a conspicuous place, in at least 12-point type, instructions for registering to vote;

    (b) Make applications to register to vote which may be returned by mail available to each person who applies for or receives services or assistance from the agency;

    (c) Provide the same amount of assistance to an applicant in completing an application to register to vote as the agency provides to a person completing any other forms for the agency; and

    (d) Accept completed applications to register to vote.

    3.  Except as otherwise provided in this subsection and NRS 293.524, any application to register to vote accepted by a voter registration agency must be transmitted to the county clerk not later than 10 days after the application is accepted. [During] The applications must be forwarded daily during the 2 weeks immediately preceding the [close of registration for an election, the applications must be forwarded daily.] fifth Saturday preceding an election. The county clerk shall accept any application to register to vote which is obtained from a voter registration agency pursuant to this section and completed by the [last day to register] fifth Saturday preceding an election if he receives the application not later than 5 days after [the close of registration.] that date.

    4.  The Secretary of State shall cooperate with the Secretary of Defense to develop and carry out procedures to enable persons in this state to apply to register to vote at recruitment offices of the United States Armed Forces.

    Sec. 24.  NRS 293.505 is hereby amended to read as follows:

    293.505  1.  All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.

    2.  The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.

    3.  A field registrar shall demand of any person who applies for registration all information required by the application to register to vote and shall administer all oaths required by this chapter.

    4.  When a field registrar has in his possession five or more completed applications to register to vote he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.

    5.  [Immediately] Each field registrar shall forward to the county clerk all completed applications in his possession immediately after the [close of registration, each field registrar shall forward to the county clerk all completed applications in his possession.] fifth Saturday preceding an election. Within 5 days after the [close of registration for a] fifth Saturday preceding any general election or general city election, a field registrar shall return all unused applications in his possession to the county clerk. If all of the unused applications are not returned to the county clerk, the field registrar shall account for the unreturned applications.

    6.  Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to register to vote and the names of the electors on those applications. The serial numbers must be listed in numerical order.

    7.  Each field registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.

    8.  A field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection [10] 12 of NRS 293.5235 shall not:

    (a) Delegate any of his duties to another person; or

    (b) Refuse to register a person on account of that person’s political party affiliation.

    9.  A person shall not hold himself out to be or attempt to exercise the duties of a field registrar unless he has been so appointed.

    10.  A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection [10] 12 of NRS 293.5235 shall not:

    (a) Solicit a vote for or against a particular question or candidate;

    (b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or

    (c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,

while he is registering an elector.

    11.  When the county clerk receives applications to register to vote from a field registrar , he shall issue a receipt to the field registrar. The receipt must include:

    (a) The number of persons registered; and

    (b) The political party of the persons registered.

    12.  A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection [10] 12 of NRS 293.5235 shall not:

    (a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading application to register to vote;

    (b) Alter or deface an application to register to vote that has been signed by an elector except to correct information contained in the application after receiving notice from the elector that a change in or addition to the information is required; or

    (c) Register a person who fails to provide satisfactory proof of identification and the address at which he actually resides.

    13.  If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.

    14.  A person who violates any of the provisions of subsection 8, 9, 10 or 12 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    Sec. 25.  NRS 293.507 is hereby amended to read as follows:

    293.507  1.  The Secretary of State shall prescribe:

    (a) A standard form for applications to register to vote; and

    (b) A special form for registration to be used in a county where registrations are performed and records of registration are kept by computer.

    2.  The county clerks shall provide forms for applications to register to vote to field registrars in the form and number prescribed by the Secretary of State.

    3.  A form for an application to register to vote must include a duplicate copy or receipt to be retained by the applicant upon completion of the form.

    4.  The form for an application to register to vote must include:

    (a) A line for use by the county clerk to enter [the number:

        (1) Indicated on the voter’s social security card,] :

        (1) The number indicated on the voter’s current and valid driver’s license [or identification card] issued by the Department of Motor Vehicles, [or any other identification card issued by an agency of this state or the Federal Government that contains:

            (I) An identifying number; and

            (II) A photograph or physical description of the voter; or

        (2) Issued] if the voter has such a driver’s license;

        (2) The last four digits of the voter’s social security number, if the voter does not have a driver’s license issued by the Department of Motor Vehicles and does have a social security number; or

        (3) The number issued to the voter pursuant to subsection 5 [.] , if the voter does not have a current and valid driver’s license issued by the Department of Motor Vehicles or a social security number.

    (b) A line on which to enter the address at which the voter actually resides, as set forth in NRS 293.486.

    (c) A notice that the voter may not list a business as the address required pursuant to paragraph (b) unless he actually resides there.

    (d) A line on which to enter an address at which the voter may receive mail, including, without limitation, a post office box or general delivery.

    5.  If a voter does not [:

    ( a) Possess any of] have the identification set forth in subparagraph (1) or (2) of paragraph (a) of subsection 4 , [; or

    (b) Wish to provide to the county clerk the number indicated on that identification,] the voter shall sign an affidavit stating that he does not have a current and valid driver’s license issued by the Department of Motor Vehicles or a social security number. Upon receipt of the affidavit, the county clerk shall issue an identification number to the voter [.] which must be the same number as the unique identifier assigned to the voter for purposes of the statewide voter registration list.

    6.  The Secretary of State shall adopt regulations to carry out the provisions of subsections 4 and 5.

    Sec. 26.  NRS 293.517 is hereby amended to read as follows:

    293.517  1.  Any elector residing within the county may register:

    (a) [By] Except as otherwise provided in NRS 293.560 and 293C.527, by appearing before the county clerk, a field registrar or a voter registration agency, completing the application to register to vote , [and] giving true and satisfactory answers to all questions relevant to his identity and right to vote [;] , and providing proof of his residence and identity;

    (b) By completing and mailing or personally delivering to the county clerk an application to register to vote pursuant to the provisions of NRS 293.5235;

    (c) Pursuant to the provisions of NRS 293.501 or 293.524; or

    (d) At his residence with the assistance of a field registrar pursuant to NRS 293.5237.

The county clerk shall require a person to submit official identification as proof of residence and identity, such as a driver’s license or other official document, before registering him. If the applicant registers to vote pursuant to this subsection and fails to provide proof of his residence and identity, the applicant must provide proof of his residence and identity before casting a ballot in person or by mail or after casting a provisional ballot pursuant to section 7 or 9 of this act.

    2.  The application to register to vote must be signed and verified under penalty of perjury by the elector registering.

    3.  Each elector who is or has been married must be registered under his own given or first name, and not under the given or first name or initials of his spouse.

    4.  An elector who is registered and changes his name must complete a new application to register to vote. He may obtain a new application:

    (a) At the office of the county clerk or field registrar;

    (b) By submitting an application to register to vote pursuant to the provisions of NRS 293.5235;

    (c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to register to vote; or

    (d) At any voter registration agency.

If the elector fails to register under his new name, he may be challenged pursuant to the provisions of NRS 293.303 or 293C.292 and may be required to furnish proof of identity and subsequent change of name.

    5.  An elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of his application to register to vote.

    6.  After the county clerk determines that the application to register to vote of a person is complete and that the person is eligible to vote, he shall issue a voter registration card to the voter which contains:

    (a) The name, address, political affiliation and precinct number of the voter;

    (b) The date of issuance; and

    (c) The signature of the county clerk.

    Sec. 27.  NRS 293.5235 is hereby amended to read as follows:

    293.5235  1.  Except as otherwise provided in NRS 293.502, a person may register to vote by mailing an application to register to vote to the county clerk of the county in which he resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to register to vote may be used to correct information in the registrar of voters’ register.

    2.  An application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.

    3.  The applicant must complete the application, including, without limitation, checking the boxes described in paragraphs (b) and (c) of subsection 9 and [sign] signing the application.

    4.  The county clerk shall, upon receipt of an application, determine whether the application is complete.

    5.  If he determines that the application is complete, he shall, within 10 days after he receives the application, mail to the applicant:

    (a) A notice informing him that he is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

    (b) A notice informing him that the registrar of voters’ register has been corrected to reflect any changes indicated on the application.

The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked or personally delivered.

    6.  If the county clerk determines that the application is not complete, he shall, as soon as possible, mail a notice to the applicant informing him that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after he receives the information, mail to the applicant:

    (a) A notice informing him that he is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

    (b) A notice informing him that the registrar of voters’ register has been corrected to reflect any changes indicated on the application.

The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked or personally delivered. If the applicant does not provide the additional information within the prescribed period, the application is void.

    7.  If the applicant fails to check the box described in paragraph (b) of subsection 9, the application shall not be considered invalid and the county clerk shall provide a means for the applicant to correct the omission at the time the applicant appears to vote in person at his assigned polling place.

    8.  The Secretary of State shall prescribe the form for an application to register to vote by mail which must be used to register to vote by mail in this state.

    9.  The application to register to vote by mail must include [a] :

    (a) A notice in at least 10-point type which states:

    NOTICE: You are urged to return your application to register to vote to the County Clerk in person or by mail. If you choose to give your completed application to another person to return to the County Clerk on your behalf, and the person fails to deliver the application to the County Clerk, you will not be registered to vote. Please retain the duplicate copy or receipt from your application to register to vote.

    [8.] (b) The question, “Are you a citizen of the United States?” and boxes for the applicant to check to indicate whether or not the applicant is a citizen of the United States.

    (c) The question, “Will you be at least 18 years of age on or before election day?” and boxes for the applicant to check to indicate whether or not the applicant will be at least 18 years of age or older on election day.

    (d) A statement instructing the applicant not to complete the application if the applicant checked “no” in response to the question set forth in paragraph (b) or (c).

    (e) A statement informing the applicant that if the application is submitted by mail and the applicant is registering to vote for the first time, the applicant must submit the information set forth in paragraph (a) of subsection 2 of section 10 of this act to avoid the requirements of subsection 1 of section 10 of this act upon voting for the first time.

    10.  The county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.

    [9.] 11.  The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall attempt to determine whether the person’s current residence is other than that indicated on his application to register to vote in the manner set forth in NRS 293.530.

    [10.] 12.  A person who, by mail, registers to vote pursuant to this section may be assisted in completing the application to register to vote by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.

    [11.] 13.  An application to register to vote must be made available to all persons, regardless of political party affiliation.

    [12.] 14.  An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the office of the county clerk within 10 days after it is completed.

    [13.] 15.  A person who willfully violates any of the provisions of subsection [10, 11 or] 12 , 13 or 14 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    [14.] 16.  The Secretary of State shall adopt regulations to carry out the provisions of this section.

    Sec. 28.  NRS 293.5237 is hereby amended to read as follows:

    293.5237  Any time before the [close of registration] fifth Saturday preceding an election, a person who because of illness, disability or for other good cause shown requires assistance to complete an application to register to vote may request the county clerk in writing or by telephone to register him at his residence. Upon request, the county clerk shall direct the appropriate field registrar to go to the home of such a person to register him to vote.

    Sec. 29.  NRS 293.524 is hereby amended to read as follows:

    293.524  1.  The Department of Motor Vehicles shall provide an application to register to vote to each person who applies for the issuance or renewal of any type of driver’s license or for an identification card.

    2.  The county clerk shall use the applications to register to vote which are signed and completed pursuant to subsection 1 to register applicants to vote or to correct information in the registrar of voters’ register. An application that is not signed must not be used to register or correct the registration of the applicant.

    3.  For the purposes of this section, each employee specifically authorized to do so by the Director of the Department may oversee the completion of an application. The authorized employee shall check the application for completeness and verify the information required by the application. Each application must include a duplicate copy or receipt to be retained by the applicant upon completion of the form. The Department shall, except as otherwise provided in this subsection, forward each application on a weekly basis to the county clerk or, if applicable, to the registrar of voters of the county in which the applicant resides. [During] The applications must be forwarded daily during the 2 weeks immediately preceding the [close of registration for an election, the applications must be forwarded daily.] fifth Saturday preceding an election.

    4.  The county clerk shall accept any application to register to vote which is obtained from the Department of Motor Vehicles pursuant to this section and completed by the [last day to register] fifth Saturday preceding an election if he receives the application not later than 5 days after [the close of registration.] that date. Upon receipt of an application, the county clerk or field registrar of voters shall determine whether the application is complete. If he determines that the application is complete, he shall notify the applicant and the applicant shall be deemed to be registered as of the date of the submission of the application. If he determines that the application is not complete, he shall notify the applicant of the additional information required. The applicant shall be deemed to be registered as of the date of the initial submission of the application if the additional information is provided within 15 days after the notice for the additional information is mailed. If the applicant has not provided the additional information within 15 days after the notice for the additional information is mailed, the incomplete application is void. Any notification required by this subsection must be given by mail at the mailing address on the application not more than 7 working days after the determination is made concerning whether the application is complete.

    5.  The county clerk shall use any form submitted to the Department to correct information on a driver’s license or identification card to correct information in the registrar of voters’ register, unless the person indicates on the form that the correction is not to be used for the purposes of voter registration. The Department shall forward each such form to the county clerk or, if applicable, to the registrar of voters of the county in which the person resides in the same manner provided by subsection 3 for applications to register to vote.

    6.  Upon receipt of a form to correct information, the county clerk shall compare the information to that contained in the registrar of voters’ register. If the person is a registered voter, the county clerk shall correct the information to reflect any changes indicated on the form. After making any changes, the county clerk shall notify the person by mail that his records have been corrected.

    7.  The Secretary of State shall, with the approval of the Director, adopt regulations to:

    (a) Establish any procedure necessary to provide an elector who applies to register to vote pursuant to this section the opportunity to do so;

    (b) Prescribe the contents of any forms or applications which the Department is required to distribute pursuant to this section; and

    (c) Provide for the transfer of the completed applications of registration from the Department to the appropriate county clerk for inclusion in the election board registers and registrar of voters’ register.

    Sec. 30.  NRS 293.530 is hereby amended to read as follows:

    293.530  1.  County clerks may use any reliable and reasonable means available to correct the [official registration lists] portions of the statewide voter registration list which are relevant to the county clerks and to determine whether a registered voter’s current residence is other than that indicated on his application to register to vote.

    2.  A county clerk may, with the consent of the board of county commissioners, make investigations of registration in the county by census, by house-to-house canvass or by any other method.

    3.  A county clerk shall cancel the registration of a voter pursuant to this section if:

    (a) He mails a written notice to the voter which the United States Postal Service is required to forward;

    (b) He mails a return postcard with the notice which has a place for the voter to write his new address, is addressed to the county clerk and has postage guaranteed;

    (c) The voter does not respond; and

    (d) The voter does not appear to vote in an election before the polls have closed in the second general election following the date of the notice.

    4.  For the purposes of this section, the date of the notice is deemed to be 3 days after it is mailed.

    5.  The county clerk shall maintain records of:

    (a) Any notice mailed pursuant to subsection 3;

    (b) Any response to such notice; and

    (c) Whether a person to whom a notice is mailed appears to vote in an election,

for not less than 2 years after creation.

    6.  The county clerk shall use any postcards which are returned to correct the [official registration lists.] portions of the statewide voter registration list which are relevant to the county clerk.

    7.  If a voter fails to return the postcard mailed pursuant to subsection 3 within 30 days, the county clerk shall designate the voter as inactive on his application to register to vote.

    8.  The Secretary of State shall adopt regulations to prescribe the method for maintaining a list of voters who have been designated as inactive pursuant to subsection 7.

    Sec. 31.  NRS 293.5303 is hereby amended to read as follows:

    293.5303  In addition to the methods described in NRS 293.530, the county clerk in each county may enter into an agreement with the United States Postal Service or any person authorized by it to obtain the data compiled by the United States Postal Service concerning changes of addresses of its postal patrons for use by the county clerk to correct the portions of the statewide voter registration [lists.] list relevant to the county clerk.

    Sec. 32.  NRS 293.5307 is hereby amended to read as follows:

    293.5307  If a county clerk enters into an agreement pursuant to NRS 293.5303, he shall review each notice of a change of address filed with the United States Postal Service by a resident of the county and identify each resident who is a registered voter and has moved to a new address. Before removing or correcting information in the [official] statewide voter registration list, the county clerk shall mail a notice to each such registered voter and follow the procedures set forth in NRS 293.530.

    Sec. 33.  NRS 293.560 is hereby amended to read as follows:

    293.560  1.  Except as otherwise provided in NRS 293.502, registration must close at 9 p.m. on the [fifth Saturday] third Tuesday preceding any primary or general election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary or general election, registration must close at 9 p.m. on the [fifth Saturday] third Tuesday preceding the day of the elections.

    2.  The [offices] office of the county clerk [and other ex officio registrars] must be open from 9 a.m. to 5 p.m. and [the office of the county clerk must also be open] from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration, according to the following schedule:

    (a) In a county whose population is less than 100,000, [those offices] the office of the county clerk must be open during the last 3 days before registration closes.

    (b) In all other counties, [those offices] the office of the county clerk must be open during the last 5 days before registration closes.

    3.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

    (a) The county clerk of each county shall cause a notice signed by him to be published in a newspaper having a general circulation in the county indicating the day that registration will be closed. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this state.

    (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

    4.  The offices of the county clerk and other ex officio registrars may remain open on the last Friday in October in each even-numbered year.

    5.  For the period beginning the fifth Saturday preceding any primary or general election and ending the third Tuesday preceding any primary or general election, an elector may register to vote only by appearing in person at the office of the county clerk.

    Sec. 34.  NRS 293B.063 is hereby amended to read as follows:

    293B.063  [1.  Except as otherwise provided in subsection 2, no] No mechanical voting system may be used in this state unless it meets or exceeds the standards for voting systems established by the Federal Election Commission.

    [2.  A mechanical voting system that does not comply with the standards established by the Federal Election Commission for computers or software for computers may be used if it is demonstrated to the Secretary of State that the system performs all functions required by the Commission.]

    Sec. 35.  NRS 293B.065 is hereby amended to read as follows:

    293B.065  A mechanical voting system must secure to the voter [secrecy] privacy and independence in the act of voting.

    Sec. 36.  NRS 293B.084 is hereby amended to read as follows:

    293B.084  A mechanical recording device which directly records votes electronically must:

    1.  Bear a number which identifies that mechanical recording device.

    2.  Be equipped with a storage device which:

    (a) Stores the ballots voted on the mechanical recording device;

    (b) Can be removed from the mechanical recording device for the purpose of transporting the ballots stored therein to a central counting place; and

    (c) Bears the same number as the mechanical recording device.

    3.  Be designed in such a manner that voted ballots may be stored within the mechanical recording device and the storage device required pursuant to subsection 2 at the same time.

    4.  Provide a record printed on paper of:

    (a) Each ballot voted on the mechanical recording device; and

    (b) The total number of votes recorded on the mechanical recording device for each candidate and for or against each measure.

    5.  The paper record described in subsection 4 must be made available for a manual audit and must serve as an official record for a recount.

    Sec. 37.  NRS 293C.265 is hereby amended to read as follows:

    293C.265  1.  Except as otherwise provided in subsection 2 [,] and in sections 9 and 10 of this act, a person who registered to vote pursuant to the provisions of NRS 293.5235 [,] shall, for the first city election in which he votes at which that registration is valid, vote in person unless he has previously voted in the county in which he is registered to vote.

    2.  The provisions of subsection 1 do not apply to a person who:

    (a) Is entitled to vote in the manner prescribed in NRS 293C.342 to 293C.352, inclusive;

    (b) Is entitled to vote an absent ballot pursuant to federal law or NRS 293C.317 or 293C.318;

    (c) Is disabled;

    (d) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; or

    (e) Requests an absent ballot in person at the office of the city clerk.

    Sec. 38.  NRS 293C.281 is hereby amended to read as follows:

    293C.281  1.  Except as otherwise provided in subsection 2, at all times during which a polling place is open, the polling place must:

    (a) Be accessible to a voter who is elderly or [disabled;] a voter with a disability; and

    (b) Have at least one voting booth that is:

        (1) Designed to allow a voter in a wheelchair to vote;

        (2) Designated for use by a voter who is elderly or [disabled; and] a voter with a disability;

        (3) Equipped to allow a voter who is elderly or [disabled] a voter with a disability to vote with the same privacy as a voter who is not elderly or [disabled.] as a voter without a disability; and

        (4) Equipped with a mechanical recording device which directly records the votes electronically and which may be used by persons with disabilities.

    2.  A polling place that does not comply with the provisions of subsection 1 may be used if necessary because of a natural disaster, including, without limitation, an earthquake, flood, fire or storm.

    3.  At each polling place, the city clerk is encouraged to:

    (a) Post in a conspicuous place, in at least 12-point type, instructions for voting;

    (b) Provide ballots in alternative audio and visual formats for use by a voter who is elderly or [disabled;] a voter with a disability; and

    (c) Provide, in alternative audio and visual formats for use by a voter who is elderly or [disabled,] a voter with a disability, all materials that are:

        (1) Related to the election; and

        (2) Made available to a voter in printed form at the polling place.

    Sec. 39.  NRS 293C.310 is hereby amended to read as follows:

    293C.310  1.  Except as otherwise provided in NRS 293.502 and 293C.265, a registered voter who provides sufficient written notice to the city clerk may vote an absent ballot as provided in this chapter.

    2.  A registered voter who:

    (a) Is at least 65 years of age; or

    (b) Has a physical disability or condition that substantially impairs his ability to go to the polling place,

may request an absent ballot for all elections held during the year he requests an absent ballot. The registered voter must include in his request a description of his physical disability or condition.

    3.  As used in this section, “sufficient written notice” means a:

    (a) Written request for an absent ballot that is signed by the registered voter and returned to the city clerk in person or by mail or facsimile machine;

    (b) Form prescribed by the Secretary of State that is completed and signed by the registered voter and returned to the city clerk in person or by mail or facsimile machine; or

    (c) Form provided by the Federal Government.

    4.  A city clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as [a] :

    (a) A request for the primary city election and the general city election unless otherwise specified in the request [.] ; and

    (b) A request for an absent ballot for the two primary and general elections immediately following the date on which the city clerk received the request.

    5.  It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates any provision of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    Sec. 40.  NRS 293C.527 is hereby amended to read as follows:

    293C.527  1.  Except as otherwise provided in NRS 293.502, registration must close at 9 p.m. on the [fifth Saturday] third Tuesday preceding any primary city election or general city election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary city election or general city election, registration must close at 9 p.m. on the [fifth Saturday] third Tuesday preceding the day of the elections.

    2.  The [offices] office of the city [and county clerk and other ex officio registrars] clerk must be open from 9 a.m. to 5 p.m. and [the offices of the city and county clerk must also be open] from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration before a primary city election or general city election, according to the following schedule:

    (a) In a city whose population is less than 25,000, [those offices] the office of the city clerk must be open during the last 3 days before registration closes.

    (b) In a city whose population is 25,000 or more, [those offices] the office of the city clerk must be open during the last 5 days before registration closes.

    3.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

    (a) The city clerk of each city shall cause a notice signed by him to be published in a newspaper having a general circulation in the city indicating the day that registration will be closed. If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this state.

    (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

    4.  For the period beginning the fifth Saturday preceding any primary city election or general city election and ending the third Tuesday preceding any primary city election or general city election, an elector may register to vote only by appearing in person at the office of the city clerk.

    Sec. 41.  NRS 293C.532 is hereby amended to read as follows:

    293C.532  1.  Each person who resides within the boundaries of the city at the time of the holding of any city election, and whose name appears upon the [official register of voters for] statewide voter registration list as a registered voter of the city, is entitled to vote at each special election, primary city election and general city election, and for all officers to be voted for and on all questions submitted to the people at those elections except as otherwise provided in chapter 266 of NRS.

    2.  The governing body of a city may provide for a supplemental registration.

    Sec. 42.  NRS 293C.535 is hereby amended to read as follows: