THE ONE HUNDRED AND TWENTIETH DAY

                               

Carson City (Monday), June 2, 2003

    Senate called to order at 11:24 a.m.

    President Hunt presiding.

    Roll called.

    All present.

    Prayer by Senator Washington.

    Father, we thank You, and we praise You. We give You glory. We give You honor.

    Here we are at the last of the 72nd Session. There are still issues on the table, and there are many things we still need to consider. After all is said and done, after the gavel has sounded, I pray, dear God, that friendships will stay intact, that relationships will not be severed. We pray that we will still be able to speak to one another.

    We pray, O God, that after all the resolutions and all of the bills have passed and been signed and that others have died, God, that people of this great State will appreciate these men and women who have sacrificed their time, their energy and their resources to serve them.

    We pray, dear God, that You would look upon the officials of this great State. Bless them with wisdom and insight, and that You will help us to understand all that we do and say means nothing if Your Name is not glorified.

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 was referred Assembly Bill No. 490, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Randolph J. Townsend, Chairman

Madam President:

    Your Committee on Finance, to which was referred Assembly Bill No. 148, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio, Chairman

Madam President:

    Your Committee on Legislative Affairs and Operations, to which was referred Assembly Concurrent Resolution No. 10, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Maurice E. Washington, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, June 1, 2003

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 551, 552; Senate Bills Nos. 49, 51, 200, 233, 446, 498, 501, 502, 503.

    Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 216, Amendment No. 969; Senate Bill No. 496, Amendment No. 976, and respectfully requests your honorable body to concur in said amendments.

    Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 963 to Assembly Bill No. 533.

    Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Giunchigliani, Pierce and Goicoechea as a first Conference Committee concerning Assembly Bill No. 249.

    Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Assembly Bills Nos. 250, 502, 518, 529; Senate Bills Nos. 46, 143, 147, 231, 319, 336, 359, 451.

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

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    By the Committee on Finance:

    Senate Concurrent Resolution No. 41—Providing the items for consideration by the Superintendent of Public Instruction in compiling the biennial budgetary request for the State Distributive School Account.

    Senator Raggio moved the adoption of the resolution.

    Remarks by Senator Raggio.

    Resolution adopted.

    Resolution ordered transmitted to the Assembly.

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Finance:

    Senate Bill No. 507—AN ACT relating to projects of capital improvement; requiring the repayment for certain projects by certain state agencies; authorizing certain expenditures by the State Public Works Board; levying a property tax to support the consolidated bond interest and redemption fund; making appropriations; and providing other matters properly relating thereto.

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

    Motion carried.

    Assembly Bill No. 551.

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

    Motion carried.

    Assembly Bill No. 552.

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

    Motion carried.


UNFINISHED BUSINESS

Reports of Conference Committees

Madam President:

    The first Conference Committee concerning Assembly Bill No. 502, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 35, which is attached to and hereby made a part of this report.

    Conference Amendment.

    Amend section 1, page 2, by deleting lines 26 through 29 and inserting:

    2.  Except as otherwise provided in subsection 3, the coverage for medical treatment required by this section is limited to:”.

    Amend section 1, page 3, line 1, by deleting “The” and inserting:

\

 
 Except as otherwise provided in section 9 of Assembly Bill No. 320 of this session, the”.

    Amend section 1, page 3, line 9, after “3.” by inserting: “Particular medical treatment described in subsection 2 and provided to a policyholder or subscriber is not required to be covered pursuant to this section if that particular medical treatment is provided by the sponsor of the clinical trial or study free of charge to the policyholder or subscriber.

    4.”.

    Amend section 1, page 3, line 34, by deleting “4.” and inserting “5.”.

    Amend section 1, page 3, line 41, by deleting “5.” and inserting “6.”.

    Amend section 1, page 4, line 4, by deleting “6.” and inserting “7.”.

    Amend section 1, page 4, line 9, by deleting “7.” and inserting “8.”.

    Amend section 1, page 4, line 22, by deleting “8.” and inserting “9.”.

    Amend sec. 4, page 6, by deleting lines 16 through 19 and inserting:

    “2.  Except as otherwise provided in subsection 3, the coverage for medical treatment required by this section is limited to:”.

    Amend sec. 4, page 6, line 34, by deleting “The” and inserting: Except as otherwise provided in section 13 of Assembly Bill No. 320 of this session, the”.

    Amend sec. 4, page 6, line 42, after “3.” by inserting: “Particular medical treatment described in subsection 2 and provided to a person insured under the group policy is not required to be covered pursuant to this section if that particular medical treatment is provided by the sponsor of the clinical trial or study free of charge to the person insured under the group policy.

    4.”.

    Amend sec. 4, page 7, line 24, by deleting “4.” and inserting “5.”.

    Amend sec. 4, page 7, line 31, by deleting “5.” and inserting “6.”.

    Amend sec. 4, page 7, line 39, by deleting “6.” and inserting “7.”.

    Amend sec. 4, page 8, line 1, by deleting “7.” and inserting “8.”.

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

    Amend sec. 6, page 10, by deleting lines 4 through 7 and inserting:

    “2.  Except as otherwise provided in subsection 3, the coverage for medical treatment required by this section is limited to:”.

    Amend sec. 6, page 10, line 22, by deleting “The” and inserting: Except as otherwise provided in section 24 of Assembly Bill No. 320 of this session, the”.

    Amend sec. 6, page 10, line 31, after “3.” by inserting: “Particular medical treatment described in subsection 2 and provided to a person insured under the policy is not required to be covered pursuant to this section if that particular medical treatment is provided by the sponsor of the clinical trial or study free of charge to the person insured under the policy.

    4.”.

    Amend sec. 6, page 11, line 11, by deleting “4.” and inserting “5.”.

    Amend sec. 6, page 11, line 18, by deleting “5.” and inserting “6.”.

    Amend sec. 6, page 11, line 27, by deleting “6.” and inserting “7.”.

    Amend sec. 6, page 11, line 32, by deleting “7.” and inserting “8.”.

    Amend sec. 6, page 12, line 1, by deleting “8.” and inserting “9.”.

    Amend sec. 8, page 13, by deleting lines 32 through 35 and inserting:

    “2.  Except as otherwise provided in subsection 3, the coverage for medical treatment required by this section is limited to:”.

    Amend sec. 8, page 14, line 5, by deleting “The” and inserting: Except as otherwise provided in section 27 of Assembly Bill No. 320 of this session, the”.

    Amend sec. 8, page 14, line 15, after “3.” by inserting: “Particular medical treatment described in subsection 2 and provided to an enrollee is not required to be covered pursuant to this section if that particular medical treatment is provided by the sponsor of the clinical trial or study free of charge to the enrollee.

    4.”.

    Amend sec. 8, page 14, line 40, by deleting “4.” and inserting “5.”.

    Amend sec. 8, page 15, line 3, by deleting “5.” and inserting “6.”.

    Amend sec. 8, page 15, line 11, by deleting “6.” and inserting “7.”.

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

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

    Amend sec. 12, page 19, by deleting lines 16 through 19 and inserting:

    “2.  Except as otherwise provided in subsection 3, the coverage for medical treatment required by this section is limited to:”.

    Amend sec. 12, page 19, line 34, by deleting “The” and inserting: Except as otherwise provided in section 33 of Assembly Bill No. 320 of this session, the”.

    Amend sec. 12, page 19, line 43, after “3.” by inserting: “Particular medical treatment described in subsection 2 and provided to a person insured under the plan is not required to be covered pursuant to this section if that particular medical treatment is provided by the sponsor of the clinical trial or study free of charge to the person insured under the plan.

    4.”.

    Amend sec. 12, page 20, line 24, by deleting “4.” and inserting “5.”.

    Amend sec. 12, page 20, line 31, by deleting “5.” and inserting “6.”.

    Amend sec. 12, page 20, line 39, by deleting “6.” and inserting “7.”.

    Amend sec. 12, page 21, line 1, by deleting “7.” and inserting “8.”.

    Amend sec. 12, page 21, line 15, by deleting “8.” and inserting “9.”.

        Raymond C. Shaffer

        David Goldwater

        Randolph J. Townsend

        Peggy Pierce

        Maggie Carlton

        Dawn Gibbons

    Senate Conference Committee

    Assembly Conference Committee

    Senator Carlton moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 502.

    Remarks by Senator Carlton.

    Motion carried by a constitutional majority.

Madam President:

    The first Conference Committee concerning Assembly Bill No. 518, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 30, which is attached to and hereby made a part of this report.

    Conference Amendment.

    Amend the bill as a whole by renumbering sections 1 through 5 as sections 9 through 13 and adding new sections designated sections 1 through 8, following the enacting clause, to read as follows:

    Section 1.  Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  An operator of a limousine shall, beginning on July 1, 2003, and on July 1 of each year thereafter, pay to the Authority a fee of $100 for each limousine that the Authority has authorized the operator to operate.

    2.  As used in this section, “limousine” includes:

    (a) A livery limousine; and

    (b) A traditional limousine.

    Sec. 3.  1.  It is unlawful for any person to advertise services for which a certificate of public convenience and necessity or a contract carrier’s permit is required pursuant to NRS 706.011 to 706.791, inclusive, and sections 2 and 3 of this act, unless the person has been issued such a certificate or permit.

    2.  If, after notice and a hearing, the Authority determines that a person has engaged in advertising in a manner that violates the provisions of this section, the Authority may, in addition to any penalty, punishment or disciplinary action authorized by the provisions of NRS 706.011 to 706.791, inclusive, and sections 2 and 3 of this act, issue an order to the person to cease and desist the unlawful advertising and to:

    (a) Cause any telephone number included in the advertising, other than a telephone number to a provider of paging services, to be disconnected.

    (b) Request the provider of paging services to change the number of any beeper which is included in the advertising or disconnect the paging services to such a beeper, and to inform the provider of paging services that the request is made pursuant to this section.

    3.  If a person fails to comply with paragraph (a) of subsection 2 within 5 days after the date that he receives an order pursuant to subsection 2, the Authority may request the Commission to order the appropriate provider of telephone service to disconnect any telephone number included in the advertisement, except for a telephone number to a provider of paging services. If a person fails to comply with paragraph (b) of subsection 2 within 5 days after the date he receives an order pursuant to subsection 2, the Authority may request the provider of paging services to switch the beeper number or disconnect the paging services provided to the person, whichever the provider deems appropriate.

    4.  If the provider of paging services receives a request from a person pursuant to subsection 2 or a request from the Authority pursuant to subsection 3, it shall:

    (a) Disconnect the paging service to the person; or

    (b) Switch the beeper number of the paging service provided to the person.

If the provider of paging services elects to switch the number pursuant to paragraph (b), the provider shall not forward or offer to forward the paging calls from the previous number, or provide or offer to provide a recorded message that includes the new beeper number.

    5.  As used in this section:

    (a) “Advertising” includes, but is not limited to, the issuance of any sign, card or device, or the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine or airway transmission, on the Internet or in any directory under the listing of “fully regulated carrier” with or without any limiting qualifications.

    (b) “Beeper” means a portable electronic device which is used to page the person carrying it by emitting an audible or a vibrating signal when the device receives a special radio signal.

    (c) “Provider of paging services” means an entity, other than a public utility, that provides paging service to a beeper.

    (d) “Provider of telephone service” has the meaning ascribed to it in NRS 707.355.

    Sec. 4.  NRS 706.011 is hereby amended to read as follows:

    706.011  As used in NRS 706.011 to 706.791, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.

    Sec. 5.  NRS 706.391 is hereby amended to read as follows:

    706.391  1.  Upon the filing of an application for a certificate of public convenience and necessity to operate as a common motor carrier , other than an operator of a tow car, or an application for modification of such a certificate, the Authority shall fix a time and place for a hearing [thereon.] on the application.

    2.  The Authority shall [issue such a] grant the certificate or modification if it finds that:

    (a) The applicant is financially and operationally fit, willing and able to perform the services of a common motor carrier [;] and that the operation of, and the provision of such services by, the applicant as a common motor carrier will foster sound economic conditions within the applicable industry;

    (b) The proposed operation or the proposed modification will be consistent with the legislative policies set forth in NRS 706.151;

    (c) The granting of the certificate or modification will not unreasonably and adversely affect other carriers operating in the territory for which the certificate or modification is sought; [and]

    (d) The proposed [service] operation or the proposed modification will benefit and protect the safety and convenience of the traveling and shipping public and the motor carrier business in this state [.] ;

    (e) The proposed operation, or service under the proposed modification, will be provided on a continuous basis;

    (f) The market identified by the applicant as the market which the applicant intends to serve will support the proposed operation or proposed modification; and

    (g) The applicant has paid all fees and costs related to the application.

    3.  The Authority shall not find that the potential creation of competition in a territory which may be caused by the granting of [a certificate,] the certificate or modification, by itself, will unreasonably and adversely affect other carriers operating in the territory for the purposes of paragraph (c) of subsection 2.

    4.  [An] In determining whether the applicant is fit to perform the services of a common motor carrier pursuant to paragraph (a) of subsection 2, the Authority shall consider whether the applicant has violated any provision of this chapter or any regulations adopted pursuant thereto.

    5.  The applicant for [such a certificate has] the certificate or modification:

    (a) Has the burden of proving to the Authority that the proposed operation will meet the requirements of subsection 2 [.

    5.] ; and

    (b) Must pay the amounts billed to the applicant by the Authority for the costs incurred by the Authority in conducting any investigation regarding the applicant and the application.

    6.  The Authority may issue or modify a certificate of public convenience and necessity to operate as a common motor carrier, or issue or modify it for:

    (a) The exercise of the privilege sought.

    (b) The partial exercise of the privilege sought.

    [6.] 7.  The Authority may attach to the certificate such terms and conditions as, in its judgment, the public interest may require.

    [7.] 8.  The Authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no petition to intervene has been filed on behalf of any person who has filed a protest against the granting of the certificate [.] or modification.

    Sec. 6.  NRS 706.756 is hereby amended to read as follows:

    706.756  1.  Except as otherwise provided in subsection 2, any person who:

    (a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and sections 2 and 3 of this act, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

    (b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and sections 2 and 3 of this act, or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 2 and 3 of this act;

    (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and sections 2 and 3 of this act;

    (d) Fails to obey any order, decision or regulation of the Authority or the Department;

    (e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation of the Authority or the Department;

    (f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 2 and 3 of this act;

    (g) Advertises as providing:

        (1) The services of a fully regulated carrier; or

        (2) Towing services,

without including the number of his certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

    (h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

    (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

    (j) Operates or causes to be operated a vehicle which does not have the proper identifying device;

    (k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been cancelled, revoked, suspended or altered;

    (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or

    (m) Refuses or fails to surrender to the Authority or Department any certificate, permit, license or identifying device which has been suspended, cancelled or revoked pursuant to the provisions of this chapter,

is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

    2.  [A person convicted of a misdemeanor for a] Any person who, in violation of the provisions of NRS 706.386 , operates as a fully regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions of 706.421 , operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:

    (a) For [the] a first offense [,] within a period of 12 consecutive months, by a fine of not less than $500 nor more than $1,000 . [;] In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

    (b) For a second offense within a period of 12 consecutive months and for each subsequent offense [,] that is committed within a period of 12 consecutive months of any prior offense under this subsection, by a fine of $1,000 . [; or

    (c) For any offense,] In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months . [, or by both the prescribed fine and imprisonment.]

    3.  Any person who , in violation of the provisions of NRS 706.386, operates or permits the operation of a vehicle in passenger service without first obtaining a certificate of public convenience and necessity [issued pursuant to NRS 706.391] is guilty of a gross misdemeanor.

    4.  If a law enforcement officer witnesses a violation of [this subsection, he] any provision of subsection 2 or 3, the law enforcement officer may cause the vehicle to be towed immediately from the scene [.

    4.] and impounded in accordance with NRS 706.476.

    5.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

    [5.] 6.  Any bail allowed must not be less than the appropriate fine provided for by this section.

    Sec. 7.  NRS 417.145 is hereby amended to read as follows:

    417.145  1.  The Veterans’ Home Account is hereby established in the State General Fund.

    2.  Money received by the Executive Director or the Deputy Executive Director from:

    (a) Payments by the Department of Veterans Affairs for veterans who receive care in a veterans’ home;

    (b) Other payments for medical care and services;

    (c) Appropriations made by the Legislature for veterans’ homes; and

    (d) Except as otherwise provided in subsection 7, gifts of money and proceeds derived from the sale of gifts of personal property he is authorized to accept for the use of veterans’ homes, if the use of such gifts has not been restricted by the donor,

must be deposited with the State Treasurer for credit to the Veterans’ Home Account.

    3.  Interest and income must not be computed on the money in the Veterans’ Home Account.

    4.  The Veterans’ Home Account must be administered by the Executive Director, with the advice of the Deputy Executive Director and the Nevada Veterans’ Services Commission, and the money deposited in the Veterans’ Home Account may only be expended for:

    (a) The operation of veterans’ homes;

    (b) A program or service related to a veterans’ home;

    (c) The solicitation of other sources of money to fund a veterans’ home; and

    (d) The purpose of informing the public about issues concerning the establishment and uses of a veterans’ home.

    5.  Except as otherwise provided in subsection 7, gifts of personal property which the Executive Director or the Deputy Executive Director is authorized to receive for the use of veterans’ homes:

    (a) May be sold or exchanged if the sale or exchange is approved by the State Board of Examiners; or

    (b) May be used in kind if the gifts are not appropriate for conversion to money.

    6.  All money in the Veterans’ Home Account must be paid out on claims approved by the Executive Director as other claims against the State are paid.

    7.  The Gift Account for Veterans’ Homes is hereby established in the State General Fund. The Executive Director or the Deputy Executive Director shall use gifts of money or personal property that he is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home, only in the manner designated by the donor. Gifts of money that the Executive Director or Deputy Executive Director is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home must be deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes. The interest and income earned on the money in the Gift Account for Veterans’ Homes, after deducting any applicable charges, must be credited to the Gift Account for Veterans’ Homes. Any money remaining in the Gift Account for Veterans’ Homes at the end of each fiscal year does not lapse to the State General Fund, but must be carried forward into the next fiscal year.

    8.  The Executive Director shall, on or before August 1 of each year, prepare and submit to the Interim Finance Committee a report detailing the expenditures made from the Gift Account for Veterans’ Homes that are attributable to the money deposited in that account pursuant to subsection 2 of NRS 482.3764.

    Sec. 8.  NRS 482.3764 is hereby amended to read as follows:

    482.3764  1.  Before the Department issues to any person, pursuant to NRS 482.3763:

    (a) An initial set of special license plates, it shall:

        (1) Collect a special fee for a veterans’ home in the amount of $25; and

        (2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in NRS 482.37635.

    (b) An annual renewal sticker, it shall:

        (1) Collect a special fee for a veterans’ home in the amount of $20; and

        (2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in NRS 482.37635.

    2.  The Department shall deposit [any money] the first $100,000 collected pursuant to this section each year with the State Treasurer for credit to the [Veterans’ Home Account.] Gift Account for Veteran’s Homes, established by subsection 7 of NRS 417.145. Thereafter, any additional amount collected pursuant to this section during the year must be deposited in the State General Fund.”.

    Amend section 1, page 2, by deleting lines 12 through 15 and inserting:

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

    Amend sec. 3, page 3, line 37, by deleting “2” and inserting “10”.

    Amend sec. 3, page 4, line 11, by deleting “1” and inserting “9”.

    Amend sec. 3, page 4, line 13, by deleting “1” and inserting “9”.

    Amend sec. 5, page 4, by deleting line 22 and inserting:

    Sec. 13.  1.  This section, sections 1 to 6, inclusive, and 9 to 12, inclusive, of this act become effective upon passage and approval.

    2.  Sections 7 and 8 of this act become effective on July 1, 2005.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to transportation; imposing certain fees for the operation of livery and traditional limousines; prohibiting certain motor carriers from engaging in certain types of misleading advertising; providing for the impoundment of certain vehicles under certain circumstances; making various changes regarding the filing of certain applications; making various changes regarding the disposition of money paid for the special license plate for veterans; temporarily prohibiting the Transportation Services Authority from accepting certain applications relating to certificates of public convenience and necessity for the operation of limousines; temporarily prohibiting fully regulated carriers from increasing the number of limousines which they operate; directing the Legislative Commission to conduct a study of issues relating to the allocation of limousines; authorizing the Transportation Services Authority under certain circumstances to adopt regulations providing for a system of allocations for limousines; providing penalties; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes various changes relating to regulation of certain motor carriers, motor vehicles and limousines. (BDR S‑1102)”.

        Terry Care

        Vonne Chowning

        Mark E. Amodei

        John C. Carpenter

        Dennis Nolan

        Jerry D. Claborn

    Senate Conference Committee

    Assembly Conference Committee

    Senator Care moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 518.

    Remarks by Senator Care.

    Conflict of interest declared by Senator Raggio.

    Motion carried by a constitutional majority.

Madam President:

    The first Conference Committee concerning Assembly Bill No. 529, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 34, which is attached to and hereby made a part of this report.

    Conference Amendment.

    Amend section 1, page 2, by deleting lines 7 through 37 and inserting: “294A.220, 294A.270, 294A.280, 294A.360 and 294A.362.

    2.  The form designed by the Secretary of State pursuant to this section must only request information specifically required by statute.

    3.  Upon request, the Secretary of State shall provide a copy of the form designed pursuant to this section to each person, committee, political party and group that is required to file a report described in subsection 1.”.

    Amend sec. 19, page 32, by deleting line 25 and inserting: “entitled to receive annual compensation of $6,000 or more for serving in that office, he shall”.

    Amend sec. 23, page 35, by deleting lines 6 through 10 and inserting:

3, if a] Each candidate for public office [or a public officer is] who will be entitled to receive annual compensation of $6,000 or more for serving in the office [in question,] that he is seeking and each public officer who was elected to the office for which he is serving shall file with the [Commission and with”.

    Amend sec. 26, page 36, by deleting lines 32 and 33 and inserting: “that a candidate for public office or public officer [who] willfully fails to file his statement of financial disclosure or willfully fails to file his statement of financial disclosure in a timely manner”.

    Amend sec. 26, page 36, line 39, after “who” and inserting: “willfully fails to file his statement of financial disclosure or willfully”.

    Amend sec. 26, page 36, lines 41 and 42, by deleting: “of not more than $5,000 for each violation”.

    Amend sec. 26, page 37, by deleting lines 6 through 14 and inserting:

    “(a) If the statement is filed not more than [7 days late, $25 for each day the statement is late.] 10 days after the applicable deadline set forth in subsection 1 of NRS 281.561 or subsection 1 of section 19 of this act, $25.

    (b) If the statement is filed more than [7 days late] 10 days but not more than [15 days late, $175 for the first 7 days, plus $50 for each additional day the statement is late.] 20 days after the applicable deadline set forth in subsection 1 of NRS 281.561 or subsection 1 of section 19 of this act, $50.

    (c) If the statement is filed more than [15 days late, $575 for the first 15 days, plus $100 for each additional day the statement is late.

2.  The Commission may, for] 20 days but not more than 30 days after the applicable deadline set forth in subsection 1 of NRS 281.561 or subsection 1 of section 19 of this act, $100.

    (d) If the statement is filed more than 30 days but not more than 45 days after the applicable deadline set forth in subsection 1 of NRS 281.561 or subsection 1 of section 19 of this act, $250.

(e) If the statement is not filed or is filed more than 45 days after the applicable deadline set forth in subsection 1 of NRS 281.561 or subsection 1 of section 19 of this act, $2,000.”.

    Amend sec. 26, page 37, between lines 33 and 34, by inserting:

    5.  As used in this section, “willfully” means deliberately, intentionally and knowingly.”.

    Amend the bill as a whole by adding a new section designated sec. 27.5, following sec. 27, to read as follows:

    Sec. 27.5.  The Secretary of State must obtain the advice and consent of the Legislative Commission before providing a form designed or revised by the Secretary of State pursuant to section 1 of this act to a person, committee, political party or group that is required to use the form.”.

    Amend the title of the bill by deleting the first line and inserting:

    “AN ACT relating to elections; restricting the information that may be requested in the”.

    Amend the summary of the bill to read as follows:

    “SUMMARY¾ Makes various changes concerning reporting of campaign contributions and expenditures and certain other financial information. (BDR 24‑558)”.

        Sandra Tiffany

        Marcus Conklin

         

        Bob Beers

        William J. Raggio

        Peggy Pierce

    Senate Conference Committee

    Assembly Conference Committee

    Senator Tiffany moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 529.

    Remarks by Senator Tiffany.

    Motion carried by a constitutional majority.

Madam President:

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

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 36, which is attached to and hereby made a part of this report.

    Conference Amendment.

        Amend section 1, page 1, by deleting line 7 and inserting: “teachers and other educational personnel and support personnel who are employed at the school, and the parents and guardians of pupils who are enrolled in the school.”.

    Amend section 1, page 2, line 1, after “2.” by inserting: “On or before October 1 of each year, the principal of each public school shall:

    (a) Review the plan in consultation with the teachers and other educational personnel and support personnel who are employed at the school;

    (b) Based upon the review, make revisions to the plan, as recommended by the teachers and other educational personnel and support personnel, if necessary; and

    (c) Post a copy of the plan or the revised plan, as applicable, in a prominent place at the school for public inspection and otherwise make the plan available for public inspection at the administrative office of the school.

    3.”.

    Amend section 1, page 2, line 12, by deleting “3.” and inserting “4.”.

    Amend section 1, page 2, line 15, by deleting “2” and inserting “3”.

    Amend section 1, page 2, line 18, by deleting “4.” and inserting “5.”.

    Amend the title of the bill, first line, after “education;” by inserting: “revising provisions governing the plan required of each public school for the progressive discipline of pupils and on‑site review of disciplinary decisions;”.

        Barbara Cegavske

        Vonne Chowning

        Ann O'Connell

        Bob McCleary

        Terry Care

        Garn Mabey

    Senate Conference Committee

    Assembly Conference Committee

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

    Remarks by Senators Cegavske and Carlton.

    Motion carried by a constitutional majority.

REPORTS OF COMMITTEES

Madam President:

    Your Committee on Finance, to which were referred Senate Bill No. 507; Assembly Bill No. 551, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

    Assembly Concurrent Resolution No. 10.

    Senator McGinness moved the adoption of the resolution.

    Remarks by Senator Washington.

    Resolution adopted.

    Resolution ordered transmitted to the Assembly.

SECOND READING AND AMENDMENT

    Assembly Bill No. 148.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 989.

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

    Senator Raggio moved the adoption of the amendment.

    Remarks by Senator Raggio.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

GENERAL FILE AND THIRD READING

    Senate Bill No. 507.

    Bill read third time.

    Remarks by Senators Raggio and Schneider.

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

    Thank you, Madam President. I stand to speak on page 5, which addresses capital improvements for the psychiatric hospital. It is not a question for the chairman, but I wanted to make this statement for the record that this is an extremely important piece of this whole package. Many times the taxpayers are thinking that we are wasting money, but this hospital will save the taxpayers millions of dollars over the next few years because it will take a burden off the police departments and other hospitals in Las Vegas as they care for the mental health patients. This is a good addition to this, and I will support this package.

    Roll call on Senate Bill No. 507:

    Yeas—19.

    Nays—Cegavske, O'Connell—2.

    Senate Bill No. 507 having received a two-thirds majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 490.

    Bill read third time.

    Remarks by Senators Townsend, Neal, Care and Coffin.

    Roll call on Assembly Bill No. 490:

    Yeas—12.

    Nays—Amodei, Care, Cegavske, Coffin, Nolan, Schneider, Tiffany, Washington—8.

    Not Voting—Raggio.

    Assembly Bill No. 490 having failed to receive a two-thirds majority, Madam President declared it lost.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Amodei moved that the action whereby Assembly Bill No. 490 was lost be rescinded.

    Remarks by Senator Amodei.

    Motion carried.

    Senator Amodei moved that Assembly Bill No. 490 be taken from the General File and placed on the General File on the last agenda.

    Motion carried.

GENERAL FILE AND THIRD READING

    Assembly Bill No. 551.

    Bill read third time.

    Remarks by Senators Neal and Raggio.

    Roll call on Assembly Bill No. 551:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 551 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Reports of Conference Committees

Madam President:

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

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 40, which is attached to and hereby made a part of this report.

    Conference Amendment.

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

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

    (a) The Superintendent of Public Instruction;

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

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

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

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

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

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

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

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

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

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

    2.  The study must, without limitation:

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

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

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

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

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

        Barbara Cegavske

        Marcus Conklin

        Dina Titus

        Chris Giunchigliani

        Raymond D. Rawson

        Valerie Weber

    Senate Conference Committee

    Assembly Conference Committee

    Senator Cegavske moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 137.

    Remarks by Senator Cegavske.

    Motion carried by a constitutional majority.

GENERAL FILE AND THIRD READING

    Assembly Bill No. 148.

    Bill read third time.

    Remarks by Senators Neal and Raggio.

    Roll call on Assembly Bill No. 148:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 148 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

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

    Motion carried.

    Senate in recess at 12:22 p.m.

SENATE IN SESSION

    At 12:38 p.m.

    President Hunt presiding.

    Quorum present.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, June 2, 2003

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 243, 504.

    Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 460.

    Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 258, Amendment No. 970, and respectfully requests your honorable body to concur in said amendment.

    Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 32.

Diane Keetch

Assistant Chief Clerk of the Assembly

INTRODUCTION, FIRST READING AND REFERENCE

    Assembly Bill No. 460.

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

    Motion carried.


UNFINISHED BUSINESS

Consideration of Assembly Amendments

    Senate Bill No. 496.

    The following Assembly amendment was read:

    Amendment No. 976.

    Amend the bill as a whole by deleting sections 1 through 4 and adding new sections designated sections 1 through 7 and the text of repealed sections, following the enacting clause, to read as follows:

    Section 1.  NRS 231.141 is hereby amended to read as follows:

    231.141  As used in NRS 231.141 to 231.152, inclusive, unless the context otherwise requires, the words and terms defined in NRS 231.142 [to 231.146, inclusive,] , 231.143 and 231.146 have the meanings ascribed to them in those sections.

    Sec. 2.  NRS 231.147 is hereby amended to read as follows:

    231.147  1.  A person who operates a business or will operate a business in this state may apply to the Commission for approval of a program. The application must be submitted on a form prescribed by the Commission.

    2.  Each application must include:

    (a) The name, address and telephone number of the business;

    (b) The number and types of jobs for the business that are available or will be available upon completion of the program;

    (c) A statement of the objectives of the proposed program;

    (d) The estimated cost for each person enrolled in the program; and

    (e) A statement signed by the applicant certifying that, if the program set forth in the application is approved and money is granted by the [Director] Commission to a community college for the program, each employee who completes the program:

        (1) Will be employed in a full-time and permanent position in the business; and

        (2) While employed in that position, will be paid not less than 80 percent of the lesser of the average industrial hourly wage in:

            (I) This state; or

            (II) The county in which the business is located, as determined by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

    3.  Upon request, the Commission may assist an applicant in completing an application pursuant to the provisions of this section.

    4.  Except as otherwise provided in subsection 5, the Commission shall approve or deny each application at the next regularly scheduled meeting of the Commission. When considering an application, the Commission shall give priority to a business that:

    (a) Provides high-skill and high-wage jobs to residents of this state; and

    (b) To the greatest extent practicable, uses materials for the business that are produced or bought in this state.

    5.  Before approving an application, the Commission shall establish the amount of matching money that the applicant must provide for the program. The amount established by the Commission for that applicant must not be less than 25 percent of the amount the Commission approves for the program.

    6.  If the Commission approves an application, it shall notify the applicant, in writing, within 10 days after the application is approved.

    7.  If the Commission denies an application, it shall, within 10 days after the application is denied, notify the applicant in writing. The notice must include the reason for denying the application.

    Sec. 3.  NRS 231.149 is hereby amended to read as follows:

    231.149  1.  The [Director] Commission may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of NRS 231.141 to 231.152, inclusive.

    2.  Any money the [Director] Commission receives pursuant to subsection 1 must be deposited in the State Treasury pursuant to NRS 231.151.

    Sec. 4.  NRS 231.151 is hereby amended to read as follows:

    231.151  1.  Any money the [Director] Commission receives pursuant to NRS 231.149 or that is appropriated to carry out the provisions of NRS 231.141 to 231.152, inclusive:

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

    (b) May only be used to carry out those provisions . [; and

    (c) Does not revert to the State General Fund at the end of any fiscal year.]

    2.  Except as otherwise provided in subsection 3, the balance remaining in the account that has not been committed for expenditure on or before June 30 of a fiscal year reverts to the State General Fund.

    3.  In calculating the uncommitted remaining balance in the account at the end of a fiscal year, any money in the account that is attributable to a gift, grant, donation or contribution:

    (a) To the extent not inconsistent with a term of the gift, grant, donation or contribution, shall be deemed to have been committed for expenditure before any money that is attributable to a legislative appropriation; and

    (b) Must be excluded from the calculation of the uncommitted remaining balance in the account at the end of the fiscal year if necessary to comply with a term of the gift, grant, donation or contribution.

    4.  The [Director] Commission shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.

    Sec. 5.  NRS 231.152 is hereby amended to read as follows:

    231.152  [1.  Except as otherwise provided in subsection 2, the Director may adopt such regulations as are necessary to carry out the provisions of NRS 231.141 to 231.152, inclusive.

    2.]  The Commission may adopt such regulations as are necessary to carry out the provisions of NRS 231.147 . [and 231.148.]

    Sec. 6.  NRS 231.144, 231.145 and 231.148 are hereby repealed.

    Sec. 7.  This act becomes effective on July 1, 2003.

TEXT OF REPEALED SECTION

    231.144  “Department” defined.  “Department” means the Department of Employment, Training and Rehabilitation.

    231.145  “Director” defined.  “Director” means the Director of the Department.

    231.148  Grants to Commission by Director; notification.

    1.  Except as otherwise provided in subsection 2, the Director may grant an amount not to exceed $500,000 per fiscal year to the Commission to pay for programs that the Commission approves pursuant to NRS 231.147.

    2.  If the Commission expends the amount granted pursuant to subsection 1 before the end of the fiscal year, the Commission may request that the Director grant additional money to pay for programs that the Commission approves pursuant to NRS 231.147.

    3.  Upon receipt of a request for additional money pursuant to subsection 2, the Director shall decide whether to grant the additional money and shall send written notice of his decision to the Commission in a timely manner.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to economic development; revising various provisions governing certain training programs for employees of businesses; providing for the reversion to the State General Fund of certain money administered by the Commission on Economic Development to carry out such training programs; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Revises various provisions governing certain training programs for employees of businesses. (BDR 18‑1348)”.

    Senator Raggio moved that the Senate concur in the Assembly amendment to Senate Bill No. 496.

    Remarks by Senator Raggio.

    Motion carried by a constitutional majority.

    Bill ordered enrolled.

    Senate Bill No. 258.

    The following Assembly amendment was read:

    Amendment No. 970.

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

    Sec. 2.  1.  There is hereby appropriated from the State General Fund to the Health Division of the Department of Human Resources the sum of $250,000 for distribution to Fighting Aids in Our Community Today (FACT), a Las Vegas organization, for the provision of community outreach, testing, counseling and dissemination of information related to HIV/AIDS in the area of West Las Vegas.

    2.  Upon acceptance of the money appropriated by subsection 1, the Fighting Aids in Our Community Today organization agrees to :

    (a) Use not more than 10 percent of the amount appropriated for administrative expenses.

    (b) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2004, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Organization through December 1, 2004.

    (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers, or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated by subsection 1 and distributed to the Fighting Aids in Our Community Today organization.

    3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.”.

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

    Sec. 3.  1.  This section and section 1 of this act become effective upon passage and approval.

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

    Amend the title of the bill to read as follows:

    “AN ACT making appropriations to the University of Nevada, Reno, for certain expenses of the Pediatric Diabetes and Endocrinology Center at the School of Medicine and to the Health Division of the Department of Human Resources for distribution to the Fighting Aids in Our Community Today (FACT) organization for expenses related to the provision of certain HIV/AIDS services; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes appropriations to University of Nevada, Reno, for expenses of Pediatric Diabetes and Endocrinology Center at School of Medicine and to Health Division of Department of Human Resources for certain HIV/AIDS services. (BDR S‑1204)”.

    Senator Raggio moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 258.

    Remarks by Senator Raggio.

    Motion carried.

    Bill ordered transmitted to the Assembly.

Reports of Conference Committees

Madam President:

    The first Conference Committee concerning Senate Bill No. 370, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 41, which is attached to and hereby made a part of this report.

    Conference Amendment.

    Amend the bill as a whole by deleting sections 1 through 20 and adding new sections designated sections 1 through 19, following the enacting clause, to read as follows:

    Section 1.  Chapter 375 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  In addition to all other taxes imposed on transfers of real property, the board of county commissioners of a county whose population is less than 400,000 may impose a tax at the rate of up to 5 cents for each $500 of value, or fraction thereof, on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, if the consideration or value of the interest or property conveyed exceeds $100.

    2.  The amount of the tax must be computed on the basis of the value of the transferred real property as declared pursuant to NRS 375.060.

    3.  The county recorder shall collect the tax in the manner provided in NRS 375.030, except that he shall transmit all the proceeds from the tax imposed pursuant to this section to the State Treasurer for use in the Plant Industry Program as required by NRS 561.355.

    Sec. 2.  NRS 375.018 is hereby amended to read as follows:

    375.018  With regard to the administration of [the real property transfer tax,] any tax imposed by this chapter, the county recorder shall apply the following principles:

    1.  Forms, instructions and regulations governing the computation of the amount of tax due must be brief and easily understood.

    2.  In cases where another authority, such as the United States or this state, also imposes a tax upon the same property or revenue, the mechanism for collecting the tax imposed by the county must be as nearly compatible with the collection of the other taxes as is feasible.

    3.  Unless a change is made necessary by statute or to preserve compatibility with a tax imposed by another authority, the forms, instructions and regulations must remain the same from year to year, to make the taxpayer’s liability as predictable as is feasible.

    4.  Exemptions or waivers, where permitted by statute, must be granted:

    (a) Equitably among eligible taxpayers; and

    (b) As sparingly as is consistent with the legislative intent, to retain the broadest feasible base for the tax.

    Sec. 3.  NRS 375.030 is hereby amended to read as follows:

    375.030  1.  If any deed evidencing a transfer of title subject to the tax imposed by NRS 375.020 and, if applicable, NRS 375.025 [,] and section 1 of this act, is offered for recordation, the county recorder shall compute the amount of the tax due and shall collect that amount before acceptance of the deed for recordation.

    2.  The buyer and seller are jointly and severally liable for the payment of the taxes imposed by NRS 375.020 and 375.025 and section 1 of this act and any penalties and interest imposed pursuant to subsection 3. The escrow holder is not liable for the payment of the taxes imposed by NRS 375.020 and 375.025 and section 1 of this act or any penalties or interest imposed pursuant to subsection 3.

    3.  If after recordation of the deed, the county recorder disallows an exemption that was claimed at the time the deed was recorded or through audit or otherwise determines that an additional amount of tax is due, the county recorder shall promptly notify the person who requested the recording of the deed and the buyer and seller of the additional amount of tax due. If the additional amount of tax is not paid within 30 days after the date the buyer and seller are notified, the county recorder shall impose a penalty of 10 percent of the additional amount due in addition to interest at the rate of 1 percent per month, or portion thereof, of the additional amount due calculated from the date of the original recordation of the deed on which the additional amount is due through the date on which the additional amount due, penalty and interest are paid to the county recorder.

    4.  This section does not prohibit a buyer and seller from agreeing by contract or otherwise that one party or the other will be responsible for the payment of the tax due pursuant to this chapter, but such an agreement does not affect the ability of the county recorder to collect the tax and any penalties and interest from either the buyer or the seller.

    Sec. 4.  NRS 375.070 is hereby amended to read as follows:

    375.070  1.  The county recorder shall transmit the proceeds of the [real property transfer] tax imposed by NRS 375.020 at the end of each quarter in the following manner:

    (a) An amount equal to that portion of the proceeds which is equivalent to 10 cents for each $500 of value or fraction thereof must be transmitted to the State Controller who shall deposit that amount in the Account for Low-Income Housing created pursuant to NRS 319.500.

    (b) In a county whose population is more than 400,000, an amount equal to that portion of the proceeds which is equivalent to 60 cents for each $500 of value or fraction thereof must be transmitted to the county treasurer for deposit in the county school district’s fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

    (c) The remaining proceeds must be transmitted to the State Controller for deposit in the Local Government Tax Distribution Account created by NRS 360.660 for credit to the respective accounts of Carson City and each county.

    2.  In addition to any other authorized use of the proceeds it receives pursuant to subsection 1, a county or city may use the proceeds to pay expenses related to or incurred for the development of affordable housing for families whose income does not exceed 80 percent of the median income for families residing in the same county, as that percentage is defined by the United States Department of Housing and Urban Development. A county or city that uses the proceeds in that manner must give priority to the development of affordable housing for persons who are disabled or elderly.

    3.  The expenses authorized by subsection 2 include, but are not limited to:

    (a) The costs to acquire land and developmental rights;

    (b) Related predevelopment expenses;

    (c) The costs to develop the land, including the payment of related rebates;

    (d) Contributions toward down payments made for the purchase of affordable housing; and

    (e) The creation of related trust funds.

    Sec. 5.  NRS 375.090 is hereby amended to read as follows:

    375.090  The [tax] taxes imposed by NRS 375.020 and 375.025 [does] and section 1 of this act do not apply to:

    1.  A mere change in identity, form or place of organization, such as a transfer between a corporation and its parent corporation, a subsidiary or an affiliated corporation if the affiliated corporation has identical common ownership.

    2.  A transfer of title to the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.

    3.  A transfer of title recognizing the true status of ownership of the real property.

    4.  A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.

    5.  A transfer of title to community property without consideration when held in the name of one spouse to both spouses as joint tenants or tenants in common, or as community property.

    6.  A transfer of title between spouses, including gifts.

    7.  A transfer of title between spouses to effect a property settlement agreement or between former spouses in compliance with a decree of divorce.

    8.  A transfer of title to or from a trust, if the transfer is made without consideration, and is made to or from:

    (a) The trustor of the trust;

    (b) The trustor’s legal representative; or

    (c) A person related to the trustor in the first degree of consanguinity.

As used in this subsection, “legal representative” has the meaning ascribed to it in NRS 167.020.

    9.  Transfers, assignments or conveyances of unpatented mines or mining claims.

    10.  A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.

    11.  A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of consanguinity.

    12.  The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:

    (a) Confirmed under the Bankruptcy Act, as amended, 11 U.S.C. §§ 101 et seq.;

    (b) Approved in an equity receivership proceeding involving a railroad, as defined in the Bankruptcy Act; or

    (c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act,

if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.

    13.  The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:

    (a) The order of the Securities and Exchange Commission in obedience to which the transfer or conveyance is made recites that the transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;

    (b) The order specifies and itemizes the property which is ordered to be transferred or conveyed; and

    (c) The transfer or conveyance is made in obedience to the order.

    14.  A transfer to an educational foundation. As used in this subsection, “educational foundation” has the meaning ascribed to it in subsection 3 of NRS 388.750.

    15.  A transfer to a university foundation. As used in this subsection, “university foundation” has the meaning ascribed to it in subsection 3 of NRS 396.405.

    16.  A transfer, assignment or other conveyance of real property to a corporation sole from another corporation sole. As used in this subsection, “corporation sole” means a corporation which is organized pursuant to the provisions of chapter 84 of NRS.

    Sec. 6.  NRS 375.120 is hereby amended to read as follows:

    375.120  The county recorder shall:

    1.  Conduct and apply audits and other procedures for enforcement as uniformly as is feasible.

    2.  Collect [real property transfer] any tax that is due pursuant to the provisions of this chapter in an equitable manner, so that every taxpayer pays the full amount imposed by law.

    Sec. 7.  NRS 375.130 is hereby amended to read as follows:

    375.130  1.  The county recorder may audit all records relating to the collection and calculation of [the real property transfer tax.] any tax imposed by this chapter. If the county recorder deems it necessary to conduct an audit, the audit must be completed within 3 years after the date of the original recording of the document that evidences the transfer of property for which the tax was imposed.

    2.  The county recorder may issue subpoenas to require the production of documents necessary for him to determine the amount of [real property transfer] the tax due pursuant to this chapter or to determine whether a person qualifies for an exemption from taxes pursuant to this chapter. The county recorder may have the subpoenas served, and upon application of the district attorney, to any court of competent jurisdiction, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.

    Sec. 8.  NRS 375.160 is hereby amended to read as follows:

    375.160  1.  If any [real property transfer] tax imposed pursuant to this chapter is not paid when due, the county may, within 3 years after the date that the tax was due, record a certificate in the office of the county recorder which states:

    (a) The amount of the [real property transfer] tax and any interest or penalties due;

    (b) The name and address of the person who is liable for the amount due as they appear on the records of the county; and

    (c) That the county recorder has complied with all procedures required by law for determining the amount due.

    2.  From the time of the recording of the certificate, the amount due, including interest and penalties, constitutes:

    (a) A lien upon the real property for which the tax was due if the person who owes the tax still owns the property; or

    (b) A demand for payment if the property has been sold or otherwise transferred to another person.

    3.  The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the recording of the certificate unless sooner released or otherwise discharged.

    4.  Within 5 years after the date of recording the certificate or within 5 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording a new certificate in the office of the county recorder. From the time of recording the new certificate, the lien is extended for 5 years, unless sooner released or otherwise discharged.

    Sec. 9.  NRS 375.170 is hereby amended to read as follows:

    375.170  1.  If a person is delinquent in the payment of [the real property transfer] any tax imposed by this chapter or has not paid the amount of a deficiency determination, the county may bring an action in a court of this state, a court of any other state or a court of the United States that has competent jurisdiction to collect the delinquent or deficient amount, penalties and interest. The action:

    (a) May not be brought if the decision that the payment is delinquent or that there is a deficiency determination is on appeal to a hearing officer pursuant to NRS 375.320.

    (b) Must be brought not later than 3 years after the payment became delinquent or the determination became final.

    2.  The district attorney shall prosecute the action. The provisions of the Nevada Revised Statutes, Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings. In the action, a writ of attachment may issue. A bond or affidavit is not required before an attachment may be issued.

    3.  In an action, a certificate by the county recorder showing the delinquency is prima facie evidence of:

    (a) The determination of the tax or the amount of the tax;

    (b) The delinquency of the amounts; and

    (c) The compliance by the county recorder with all the procedures required by law relating to the computation and determination of the amounts.

    Sec. 10.  NRS 375.250 is hereby amended to read as follows:

    375.250  1.  The Legislature hereby declares that each taxpayer has the right:

    (a) To be treated by officers and employees of the county recorder with courtesy, fairness, uniformity, consistency and common sense.

    (b) To a prompt response from the county recorder to each communication from the taxpayer.

    (c) To provide the minimum documentation and other information as may reasonably be required by the county recorder to carry out his duties.

    (d) To be notified, in writing, by the county recorder whenever an officer or employee of the county recorder determines that the taxpayer is entitled to an exemption or has been taxed more than is required pursuant to this chapter.

    (e) To written instructions indicating how the taxpayer may petition for a refund for overpayment of [real property transfer] any tax, interest or penalties.

    (f) To recover an overpayment of [real property transfer] any tax promptly upon the final determination of such an overpayment.

    (g) To obtain specific advice from the county recorder concerning [real property transfer] any tax.

    (h) In any meeting with the county recorder, including an audit, conference, interview or hearing:

        (1) To an explanation by an officer, agent or employee of the county recorder that describes the procedures to be followed and the rights of the taxpayer thereunder;

        (2) To be represented by himself or anyone who is otherwise authorized by law to represent him before the county recorder;

        (3) To make an audio recording using the taxpayer’s equipment and at the taxpayer’s expense; and

        (4) To receive a copy of any document or audio recording made by or in the possession of the county recorder relating to the determination or collection of any tax for which the taxpayer is assessed pursuant to this chapter, upon payment of the actual cost to the county recorder of making the copy.

    (i) To a full explanation of the authority of the county recorder to collect the [real property transfer] tax or to collect a delinquent [real property transfer] tax, including, without limitation, the procedures and notices for review and appeal that are required for the protection of the taxpayer. An explanation which meets the requirements of this section must also be included with each notice to a taxpayer that an audit will be conducted by the county.

    (j) To the immediate release of any lien which the county recorder has placed on real property for the nonpayment of [the real property transfer] a tax when:

        (1) The tax is paid;

        (2) The period of limitation for collecting the tax expires;

        (3) The lien is the result of an error by the county recorder;

        (4) The county recorder determines that the taxes, interest and penalties are secured sufficiently by a lien on other real property;

        (5) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties; or

        (6) The release of the lien will facilitate the collection of the taxes, interest and penalties.

    (k) To be free from harassment and intimidation by an officer or employee of the county recorder for any reason.

    2.  The provisions of this chapter governing the administration and collection of taxes by the county recorder must not be construed in such a manner as to interfere or conflict with the provisions of this section or any applicable regulations.

    3.  The provisions of this section apply to the administration and collection of taxes pursuant to this chapter.

    Sec. 11.  NRS 375.270 is hereby amended to read as follows:

    375.270  The county recorder shall provide each taxpayer who it determines may be liable for taxes pursuant to this chapter with simplified written instructions concerning the rights and responsibilities of the taxpayer, including the:

    1.  Keeping of records sufficient for audit purposes;

    2.  Procedures for paying [the real property transfer tax;] any taxes that are due; and

    3.  Procedures for challenging any liability for [real property transfer] any tax, penalties or interest and for requesting refunds of any erroneously paid [real property transfer] tax, including the steps for appealing a denial thereof.

    Sec. 12.  NRS 375.290 is hereby amended to read as follows:

    375.290  A taxpayer is entitled to receive on any overpayment of [the real property transfer] any tax imposed by this chapter a refund together with interest at a rate determined pursuant to NRS 17.130. No interest is allowed on a refund of any penalties or interest on the [real property transfer] tax that is paid by a taxpayer.

    Sec. 13.  NRS 375.300 is hereby amended to read as follows:

    375.300  The county recorder shall provide a taxpayer with a response to any written request submitted by the taxpayer that relates to a [real property transfer] tax imposed by this chapter within 30 days after the county treasurer receives the request.

    Sec. 14.  NRS 375.330 is hereby amended to read as follows:

    375.330  1.  The county recorder may waive any [real property transfer] tax, penalty and interest owed by the taxpayer pursuant to this chapter if the taxpayer meets the criteria adopted by regulation. If a waiver is granted pursuant to this subsection, the county shall prepare and maintain on file a statement that contains:

    (a) The reason for the waiver;

    (b) The amount of the tax, penalty and interest owed by the taxpayer; and

    (c) The amount of the tax, penalty and interest waived by the county.

    2.  If the county recorder or a designated hearing officer finds that the failure of a person to make a timely payment of [the real property transfer] any tax imposed is the result of circumstances beyond his control and occurred despite the exercise of ordinary care and without intent to avoid such payment, the county recorder may relieve him of all or part of any interest or penalty or both.

    3.  If a person proves to the satisfaction of the county recorder that he has in good faith remitted the [real property transfer] tax in reliance upon written advice provided by an officer or employee of the county recorder, an opinion of the district attorney or Attorney General, or the written results of an audit of his records conducted by the county recorder, the county recorder may not require the taxpayer to pay delinquent taxes, penalties or interest if the county recorder determines after the completion of a subsequent audit that the taxes the taxpayer remitted were deficient.

    Sec. 15.  Chapter 226 is hereby amended by adding thereto a new section to read as follows:

    There is hereby created an account for the rebate of the governmental services tax to senior citizens within the State General Fund. The State Treasurer shall administer the account.

    Sec. 16.  NRS 388.750 is hereby amended to read as follows:

    388.750  1.  An educational foundation:

    (a) Shall comply with the provisions of chapter 241 of NRS;

    (b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010; and

    (c) Is exempt from the [tax on transfers of real property] taxes imposed by NRS 375.020 and 375.025 and section 1 of this act pursuant to subsection 14 of NRS 375.090.

    2.  An educational foundation is not required to disclose the names of the contributors to the foundation or the amount of their contributions. The educational foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.

    3.  As used in this section, “educational foundation” means a nonprofit corporation, association or institution or a charitable organization that is:

    (a) Organized and operated exclusively for the purpose of supporting one or more kindergartens, elementary schools, junior high or middle schools or high schools, or any combination thereof;

    (b) Formed pursuant to the laws of this state; and

    (c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

    Sec. 17.  NRS 396.405 is hereby amended to read as follows:

    396.405  1.  A university foundation:

    (a) Shall comply with the provisions of chapter 241 of NRS;

    (b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010;

    (c) Is exempt from the [tax on transfers of real property] taxes imposed by NRS 375.020 and 375.025 and section 1 of this act pursuant to subsection [14] 15 of NRS 375.090; and

    (d) May allow a president or an administrator of the university or community college which it supports to serve as a member of its governing body.

    2.  A university foundation is not required to disclose the name of any contributor or potential contributor to the university foundation, the amount of his contribution or any information which may reveal or lead to the discovery of his identity. The university foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.

    3.  As used in this section, “university foundation” means a nonprofit corporation, association or institution or a charitable organization that is:

    (a) Organized and operated exclusively for the purpose of supporting a university or a community college;

    (b) Formed pursuant to the laws of this state; and

    (c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

    Sec. 18.  NRS 561.355 is hereby amended to read as follows:

    561.355  1.  The Plant Industry Program is hereby established.

    2.  The following fees and money must be used in the Plant Industry Program:

    (a) Fees and money collected pursuant to the provisions of chapters 552, 555, 581, 582 and 587 of NRS.

    (b) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of bees, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of chapter 552 of NRS.

    (c) Laboratory fees collected for the diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of chapter 554 of NRS [554.010 to 554.240, inclusive.]

    (d) Laboratory fees collected for the survey and identification of insect pests, plant diseases and noxious weeds, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of NRS 555.005 to 555.249, inclusive.

    (e) Laboratory fees collected for the testing of the purity and germinating power of agricultural seeds, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of NRS 587.015 to 587.123, inclusive.

    (f) Money received from a tax on the transfer of real property imposed pursuant to section 1 of this act.

    3.  Expenditures for the Plant Industry Program must be made only for the purposes of carrying out the provisions of this chapter and chapters 552, 554, 555, 581, 582 and 587 of NRS.

    4.  The money credited to the Program pursuant to section 1 of this act must be allocated for disbursement to each county in proportion to the amount of money collected in that county and must only be used:

    (a) By the Department for programs on the exclusion, detection and control of:

        (1) Invasive species; and

        (2) Endemic pests and weeds designated by the Director; and

    (b) For grants to local governments and nonprofit organizations for the control or management of such species, pests and weeds.

    5.  Not later than 30 days after the beginning of each fiscal year, the Department shall present to each board of county commissioners for approval by each such board proposed programs for the exclusion, detection and control of invasive species and endemic pests and weeds designated by the Director that involve cooperative action between the Department and the county.

    6.  As used in this section:

    (a) “Invasive species” means any living organism not native to this state that may present a threat to the economy, environment or public health of this state.

    (b) “Local government” has the meaning ascribed to it in NRS 237.050.

    Sec. 19.  This act becomes effective on July 1, 2003.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to taxation; authorizing the board of county commissioners of certain counties to impose an additional tax on the transfer of real property; requiring the proceeds of the tax to be used for the control of invasive species and certain endemic pests and weeds; creating an account for the rebate of the governmental services tax to senior citizens; requiring the State Department of Agriculture to present annually to each board of county commissioners proposed programs for the control of such species, pests and weeds; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

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

        Dean A. Rhoads

        David Goldwater

        Ann O'Connell

        Josh Griffin

        Bob Coffin

        David Parks

    Senate Conference Committee

    Assembly Conference Committee

    Senator Rhoads moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 370.

    Remarks by Senators Rhoads.

    Motion carried by a constitutional majority.

    Senator Raggio moved that the Senate recess until 3 p.m.

    Motion carried.

    Senate in recess at 12:44 p.m.

SENATE IN SESSION

    At 7:03 p.m.

    President Hunt presiding.

    Quorum present.

REPORTS OF COMMITTEES

Madam President:

    Your Committee on Judiciary, to which was referred Assembly Bill No. 460, 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 Assembly Concurrent Resolution No. 18, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Maurice E. Washington, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, June 2, 2003

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 730 to Assembly Bill No. 284; Senate Amendment No. 966 to Assembly Bill No. 544.

    Also, I have the honor to inform your honorable body that the Assembly on this day refused to adopt the report of the first Conference Committee concerning Senate Bill No. 229 and requests a second conference, and appointed Assemblymen Pierce, Koivisto and Weber as a second Conference Committee to meet with a like committee of the Senate for further consideration of Senate Bill No. 229.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    Assembly Concurrent Resolution No. 18.

    Senator Washington moved the adoption of the resolution.

    Remarks by Senator Washington.

    Resolution adopted.

    Resolution ordered transmitted to the Assembly.

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Finance:

    Senate Bill No. 508—AN ACT relating to education; making appropriations to the State Distributive School Account for purposes relating to class-size reduction; and providing other matters properly relating thereto.


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

    Motion carried.

REPORTS OF COMMITTEES

Madam President:

    Your Committee on Finance, to which was referred Senate Bill No. 508, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio, Chairman

SECOND READING AND AMENDMENT

    Assembly Bill No. 441.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 1008.

    Amend sec. 12, pages 4 and 5, by deleting lines 18 through 45 on page 4 and lines 1 through 6 on page 5, and inserting:

    Sec. 12.  1.  The Nevada Commission on Homeland Security, consisting of the members appointed pursuant to this section, is hereby created.

    2.  The Governor shall appoint to the Commission a number of members that he determines to be appropriate, except that the Commission must include at least:

    (a) One member who is a representative of a Nevada law enforcement agency; and

    (b) One member who is not employed in the field of law enforcement and is not otherwise affiliated with the field of law enforcement.

    3.  The Senate Majority Leader shall appoint one member of the Senate as a nonvoting member of the Commission.

    4.  The Speaker of the Assembly shall appoint one member of the Assembly as a nonvoting member of the Commission.

    5.  Except for the initial members, the term of office of each member of the Commission who is a Legislator is 2 years and commences on July 1 of the year of appointment.

    6.  The Governor or his designee shall:

    (a) Serve as Chairman of the Commission; and

    (b) Appoint a member of the Commission to serve as Vice Chairman of the Commission.”.

    Amend the bill as a whole by deleting sec. 13 and adding:

    Sec. 13.  (Deleted by amendment.)”.

    Amend the bill as a whole by adding a new section designated sec. 17.5, following sec. 17, to read as follows:

    Sec. 17.5.  On or before February 15 of each year, the Governor shall:

    1.  Prepare a report setting forth:

    (a) The activities of the Commission; and

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

    2.  Submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to:

    (a) If the Legislature is in session, the standing committees of the Legislature which have jurisdiction of the subject matter; or

    (b) If the Legislature is not in session, the Legislative Commission.”.

    Amend sec. 21, page 8, by deleting lines 34 through 36 and inserting:

    (f) Documents, records or other items of information regarding the infrastructure and security of frequencies for radio transmissions used by response agencies, including, without limitation:

        (1) Access codes, passwords or programs used to ensure the security of frequencies for radio transmissions used by response agencies;

        (2) Procedures and processes used to ensure the security of frequencies for radio transmissions used by response agencies; and

        (3) Plans used to reestablish security and service with respect to frequencies for radio transmissions used by response agencies after security has been breached or service has been interrupted.”.

    Amend the bill as a whole by adding a new section designated sec. 27.5, following sec. 27, to read as follows:

    Sec. 27.5.  Chapter 242 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 3, records and portions of records that are assembled, maintained, overseen or prepared by the Department to mitigate, prevent or respond to acts of terrorism, the public disclosure of which would, in the determination of the Director, create a substantial likelihood of threatening the safety of the general public are confidential and not subject to inspection by the general public to the extent that such records and portions of records consist of or include:

    (a) Information regarding the infrastructure and security of information systems, including, without limitation:

        (1) Access codes, passwords and programs used to ensure the security of an information system;

        (2) Access codes used to ensure the security of software applications;

        (3) Procedures and processes used to ensure the security of an information system; and

        (4) Plans used to reestablish security and service with respect to an information system after security has been breached or service has been interrupted.

    (b) Assessments and plans that relate specifically and uniquely to the vulnerability of an information system or to the measures which will be taken to respond to such vulnerability, including, without limitation, any compiled underlying data necessary to prepare such assessments and plans.

    (c) The results of tests of the security of an information system, insofar as those results reveal specific vulnerabilities relative to the information system.

    2.  The Director shall maintain or cause to be maintained a list of each record or portion of a record that the Director has determined to be confidential pursuant to subsection 1. The list described in this subsection must be prepared and maintained so as to recognize the existence of each such record or portion of a record without revealing the contents thereof.

    3.  At least once each biennium, the Director shall review the list described in subsection 2 and shall, with respect to each record or portion of a record that the Director has determined to be confidential pursuant to subsection 1:

    (a) Determine that the record or portion of a record remains confidential in accordance with the criteria set forth in subsection 1;

    (b) Determine that the record or portion of a record is no longer confidential in accordance with the criteria set forth in subsection 1; or

    (c) If the Director determines that the record or portion of a record is obsolete, cause the record or portion of a record to be disposed of in the manner described in NRS 239.073 to 239.125, inclusive.

    4.  On or before February 15 of each year, the Director shall:

    (a) Prepare a report setting forth a detailed description of each record or portion of a record determined to be confidential pursuant to this section, if any, accompanied by an explanation of why each such record or portion of a record was determined to be confidential; and

    (b) Submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to:

        (1) If the Legislature is in session, the standing committees of the Legislature which have jurisdiction of the subject matter; or

        (2) If the Legislature is not in session, the Legislative Commission.

    5.  As used in this section, “act of terrorism” has the meaning ascribed to it in section 5 of this act.”.

    Amend sec. 30, page 15, lines 36 and 41, by deleting “2004,” and inserting “2005,”.

    Amend sec. 31, page 16, lines 12 and 17, by deleting “2004,” and inserting “2005,”.

    Amend the bill as a whole by deleting sec. 32 and adding:

    Sec. 32.  (Deleted by amendment.)”.

    Amend the bill as a whole by deleting sec. 38 and adding:

    Sec. 38.  (Deleted by amendment.)”.

    Amend sec. 39, page 25, by deleting lines 5 through 15 and inserting:

    “1.  The Senate Majority Leader shall appoint one member of the Senate to the Nevada Commission on Homeland Security pursuant to subsection 3 of section 12 of this act to a term that expires on June 30, 2005.

    2.  The Speaker of the Assembly shall appoint one member of the Assembly to the Nevada Commission on Homeland Security pursuant to subsection 4 of section 12 of this act to a term that expires on June 30, 2005.”.

    Amend sec. 40, page 25, line 20, after “inclusive,” by inserting “and 27.5”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to homeland security; creating the Nevada Commission on Homeland Security; setting forth the membership and duties of the Commission; providing certain exceptions to the open meeting law; requiring certain political subdivisions to adopt and maintain a response plan; establishing a plan for the continuation of state and local governmental operations; requiring certain utilities to conduct vulnerability assessments and to prepare emergency response plans; revising provisions relating to certain unlawful acts committed against utilities; requiring the Director of the Department of Information Technology to determine the confidentiality of certain records relating to the security of the State; providing for the confidentiality of certain documents, records and other information; imposing certain requirements for interoperability with respect to information and communication systems purchased by this state and local governments; requiring certain governmental entities to place automated external defibrillators in certain buildings and facilities; making various changes with respect to the authority of the Department of Motor Vehicles to accept and reject certain documents; increasing certain criminal penalties with respect to the fraudulent use of drivers’ licenses and identification cards; making an appropriation; providing penalties; and providing other matters properly relating thereto.”.

    Senator Raggio moved the adoption of the amendment.

    Remarks by Senators Raggio, Care and Coffin.

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

    Thank you, Madam President. Senator Raggio accurately portrayed what has happened with section 21 for which we received a great deal of e-mail from Ham radio and hobby enthusiasts and others. What it does is important and should be entered into the Journal because it indicates a satisfactory conclusion to a dilemma of trying to figure out how to handle paragraph (f) under section 21. It would have made criminals out of people who publish public frequencies which are currently controlled by the federal CFRs.

    This states that you can own or publish these frequencies and listen to these frequencies if you choose. You will not be a criminal because the specific language says if these frequencies are encrypted and there is a code or this is a document in the possession of law enforcement, that information cannot be shared. It cannot be sold or published. These are meant to be secret, and these are not of interest to the hobbyist and to the legitimate Ham radio operator. It would only be of interest to criminals or to those who would subvert the country. That should solve the problem that you have been reading about. I support this.

    Amendment adopted.

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

GENERAL FILE AND THIRD READING

    Senate Bill No. 508.

    Bill read third time.

    Remarks by Senator Raggio.

    Roll call on Senate Bill No. 508:

    Yeas—20.

    Nays—Carlton.

    Senate Bill No. 508 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 490.

    Bill read third time.

    The following amendment was proposed by Senator Townsend:

    Amendment No. 1010.

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

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

    (b) A mortgage company if:

        (1)] banker if:

    (a) The licensee and the mortgage [company:

            (I)] banker:

        (1) Operate as separate legal entities;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Amend sec. 37, page 15, by deleting line 21 and inserting:

“subsections 2 to [5, inclusive, or 7 to 10,] 9, inclusive, of NRS 645B.015”.

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

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

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

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

    “6.  [Any firm or corporation:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Senator Townsend moved the adoption of the amendment.

    Remarks by Senator Townsend.

    Amendment adopted.

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

UNFINISHED BUSINESS

Consideration of Assembly Amendments

    Senate Bill No. 216.

    The following Assembly amendment was read:

    Amendment No. 969.

    Amend sec. 2, page 2, by deleting line 33 and inserting: “Planning Agency and the Marlette Lake Water System”.

    Amend sec. 3, page 2, by deleting line 37 and inserting: “Planning Agency and the Marlette Lake Water System”.

    Amend sec. 5, page 3, by deleting lines 38 and 39 and inserting:            Regional Planning Agency and the Marlette Lake Water System;”.

    Amend sec. 5, page 3, by deleting line 42 and inserting: “the Marlette Lake Water System in such a manner as”.

    Amend sec. 5, page 4, by deleting lines 3 and 4 and inserting:

    (b) The Marlette Lake Water System regarding Marlette Lake; and”.

    Amend the bill as a whole by renumbering sec. 9 as sec. 11 and adding new sections designated sections 9 and 10, following sec. 8, to read as follows:

    Sec. 9.  NRS 218.5368 is hereby amended to read as follows:

    218.5368  The Committee shall:

    1.  Actively support the efforts of state and local governments in the western states regarding public lands and state sovereignty as impaired by federal ownership of land.

    2.  Advance knowledge and understanding in local, regional and national forums of Nevada’s unique situation with respect to public lands.

    3.  Support legislation that will enhance state and local roles in the management of public lands and will increase the disposal of public lands.

    4.  Review the programs and activities of:

    (a) The Colorado River Commission of Nevada;

    (b) All public water authorities, districts and systems in the State of Nevada, including, without limitation, the Southern Nevada Water Authority, the Truckee Meadows Water Authority, the Virgin Valley Water District, the Carson River Subconservancy District, the Humboldt River Basin Water Authority, and the Truckee-Carson Irrigation District; and

    (c) All other public or private entities with which any county in the State has an agreement regarding the planning, development or distribution of water resources, or any combination thereof.

    5.  On or before January 15 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report concerning the review conducted pursuant to subsection 4.

    Sec. 10.  NRS 331.165 is hereby repealed.”.

    Amend sec. 9, page 5, by deleting line 19 and inserting:

    “Sec. 11.  1.  This act becomes effective on July 1, 2003.

    2.  The amendatory provisions of section 9 of this act expire by limitation on June 30, 2007.”.

    Amend the bill as a whole by adding the text of the repealed section, following sec. 9, to read as follows:

TEXT OF REPEALED SECTION

    331.165  Advisory Committee: Creation; composition; officers; recommendations.

    1.  The Marlette Lake Water System Advisory Committee is hereby created to be composed of:

    (a) One member appointed by the Administrator of the Division of Wildlife of the State Department of Conservation and Natural Resources.

    (b) One member appointed by the Administrator of the Division of State Parks.

    (c) Three members from the State Legislature, including at least one member of the Senate and one member of the Assembly, appointed by the Legislative Commission.

    (d) One member from the staff of the Legislative Counsel Bureau appointed by the Legislative Commission. The member so appointed shall serve as a nonvoting member of the Advisory Committee.

    (e) One member appointed by the State Forester Firewarden.

    (f) One member appointed by the Department of Administration.

    2.  The voting members of the Advisory Committee shall select one of the legislative members of the Advisory Committee as Chairman and one as Vice Chairman. After the initial selection of a Chairman and Vice Chairman, each such officer serves a term of 2 years beginning on July 1 of each odd‑numbered year. If a vacancy occurs in the Chairmanship or Vice‑Chairmanship, the person appointed to succeed that officer shall serve for the remainder of the unexpired term.

    3.  The Director of the Legislative Counsel Bureau shall provide a Secretary for the Advisory Committee.

    4.  Members of the Advisory Committee serve at the pleasure of their respective appointing authorities.

    5.  The Advisory Committee may make recommendations to the Legislative Commission, the Interim Finance Committee, the Department of Administration, the State Department of Conservation and Natural Resources and the Governor concerning any matters relating to the Marlette Lake Water System or any part thereof.”.

    Amend the preamble of the bill, page 2, by deleting lines 3 through 16.

    Amend the title of the bill to read as follows:

    “AN ACT relating to the Legislature; creating a Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and Marlette Lake Water System; providing the powers and duties of the Committee; expanding the duties of the Legislative Committee on Public Lands to include the review of programs and activities relating to public water authorities, districts and systems, and certain other entities involved in the planning, development or distribution of water in the State of Nevada; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Creates interim legislative committee to review Tahoe Regional Planning Compact and oversee Tahoe Regional Planning Agency and Marlette Lake Water System and expands duties of Legislative Committee on Public Lands. (BDR 17‑175)”.

    Senator Washington moved that the Senate concur in the Assembly amendment to Senate Bill No. 216.

    Remarks by Senator Washington.

    Motion carried by a constitutional majority.

    Bill ordered enrolled.

Appointment of Conference Committees

    Madam President appointed Senators Townsend, Titus and Cegavske as a second Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 229.

Reports of Conference Committees

Madam President:

    The first Conference Committee concerning Senate Bill No. 97, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 39, which is attached to and hereby made a part of this report.

    Conference Amendment.

        Amend the bill as a whole by deleting sections 1 through 47 and the text of repealed section and adding new sections designated sections 1 through 66 and the leadlines of repealed sections, following the enacting clause, to read as follows:

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

    Sec. 2.  The Legislature hereby finds and declares that:

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

    2.  The primary concern of the Nevada Legislature during the 18th Special Session was to keep our doctors in Nevada, recognizing that failure to do so would pose a serious threat to the health, welfare and safety of the residents of this state.

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

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

    (a) A $350,000 limitation on the amount that may be awarded for noneconomic damages in a medical or dental malpractice action, which was carefully crafted to limit liability while providing compensation to an injured patient;

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

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

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

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

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

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

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

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

    Sec. 3.  Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

    Sec. 4.  1.  Unless the liability of a person is limited pursuant to NRS 41.032 to 41.0337, inclusive, and except as otherwise provided in subsection 2 and in section 5 of this act:

    (a) A hospital;

    (b) An employee of a hospital who renders care or assistance to patients; and

    (c) A physician or dentist licensed under the provisions of chapter 630, 631 or 633 of NRS who renders care or assistance in a hospital, whether or not the care or assistance was rendered gratuitously or for a fee,

that in good faith renders care or assistance necessitated by a traumatic injury demanding immediate medical attention, for which the patient enters the hospital through its emergency room or trauma center, may not be held liable for more than $50,000 in civil damages, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant arising out of any act or omission in rendering that care or assistance if the care or assistance is rendered in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct.

    2.  The limitation on liability provided pursuant to this section does not apply to any act or omission in rendering care or assistance:

    (a) Which occurs after the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient, unless surgery is required as a result of the emergency within a reasonable time after the patient is stabilized, in which case the limitation on liability provided by subsection 1 applies to any act or omission in rendering care or assistance which occurs before the stabilization of the patient following the surgery; or

    (b) Unrelated to the original traumatic injury.

    3.  If:

    (a) A physician or dentist provides follow-up care to a patient to whom he rendered care or assistance pursuant to subsection 1;

    (b) A medical condition arises during the course of the follow-up care that is directly related to the original traumatic injury for which care or assistance was rendered pursuant to subsection 1; and

    (c) The patient files an action for malpractice based on the medical condition that arises during the course of the follow-up care,

there is a rebuttable presumption that the medical condition was the result of the original traumatic injury and that the limitation on liability provided by subsection 1 applies with respect to the medical condition that arises during the course of the follow-up care.

    4.  For the purposes of this section:

    (a) “Reckless, willful or wanton conduct,” as it applies to a person to whom subsection 1 applies, shall be deemed to be that conduct which the person knew or should have known at the time he rendered the care or assistance would be likely to result in injury so as to affect the life or health of another person, taking into consideration to the extent applicable:

        (1) The extent or serious nature of the prevailing circumstances;

        (2) The lack of time or ability to obtain appropriate consultation;

        (3) The lack of a prior medical relationship with the patient;

        (4) The inability to obtain an appropriate medical history of the patient; and

        (5) The time constraints imposed by coexisting emergencies.

    (b) “Traumatic injury” means any acute injury which, according to standardized criteria for triage in the field, involves a significant risk of death or the precipitation of complications or disabilities.

    Sec. 5.  1.  Any physician, registered nurse or licensed practical nurse who in good faith gives instruction or provides supervision to an emergency medical attendant, registered nurse or licensed practical nurse at the scene of an emergency, or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in giving that instruction or providing that supervision. An emergency medical attendant, registered nurse or licensed practical nurse who obeys an instruction given by a physician, registered nurse or licensed practical nurse and thereby renders emergency care, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in rendering that emergency care.

    2.  Except as otherwise provided in subsection 3, any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state who renders emergency care or assistance in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person. This section does not excuse a physician or nurse from liability for damages resulting from his acts or omissions which occur in a licensed medical facility relative to any person with whom there is a preexisting relationship as a patient.

    3.  Any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state who renders emergency obstetrical care or assistance to a pregnant woman during labor or the delivery of the child is not liable for any civil damages as a result of any act or omission by him in rendering that care or assistance if:

    (a) The care or assistance is rendered in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct;

    (b) The person has not previously provided prenatal or obstetrical care to the woman; and

    (c) The damages are reasonably related to or primarily caused by a lack of prenatal care received by the woman.

A licensed medical facility in which such care or assistance is rendered is not liable for any civil damages as a result of any act or omission by the person in rendering that care or assistance if that person is not liable for any civil damages pursuant to this subsection and the actions of the medical facility relating to the rendering of that care or assistance do not amount to gross negligence or reckless, willful or wanton conduct.

    4.  Any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state who:

    (a) Is retired or otherwise does not practice on a full-time basis; and

    (b) Gratuitously and in good faith, renders medical care within the scope of his license to an indigent person,

is not liable for any civil damages as a result of any act or omission by him, not amounting to gross negligence or reckless, willful or wanton conduct, in rendering that care.

    5.  Any person licensed to practice medicine under the provisions of chapter 630 or 633 of NRS or licensed to practice dentistry under the provisions of chapter 631 of NRS who renders care or assistance to a patient at a health care facility of a governmental entity or a nonprofit organization is not liable for any civil damages as a result of any act or omission by him in rendering that care or assistance if the care or assistance is rendered gratuitously, in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct.

    6.  As used in this section:

    (a) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS.

    (b) “Gratuitously” has the meaning ascribed to it in NRS 41.500.

    (c) “Health care facility” has the meaning ascribed to it in NRS 449.800.

    Sec. 6.  NRS 41.500 is hereby amended to read as follows:

    41.500  1.  Except as otherwise provided in [NRS 41.505,] section 5 of this act, any person in this state who renders emergency care or assistance in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.

    2.  Any person in this state who acts as a driver of an ambulance or attendant on an ambulance operated by a volunteer service or as a volunteer driver or attendant on an ambulance operated by a political subdivision of this state, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

    3.  Any appointed member of a volunteer service operating an ambulance or an appointed volunteer serving on an ambulance operated by a political subdivision of this state, other than a driver or attendant [,] of an ambulance, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him whenever he is performing his duties in good faith.

    4.  Any person who is a member of a search and rescue organization in this state under the direct supervision of any county sheriff who in good faith renders care or assistance in an emergency to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

    5.  Any person who is employed by or serves as a volunteer for a public fire-fighting agency and who is authorized pursuant to chapter 450B of NRS to render emergency medical care at the scene of an emergency is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

    6.  Any person who:

    (a) Has successfully completed a course in cardiopulmonary resuscitation according to the guidelines of the American National Red Cross or American Heart Association;

    (b) Has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest conducted in accordance with the standards of the American Heart Association; or

    (c) Is directed by the instructions of a dispatcher for an ambulance, air ambulance or other agency that provides emergency medical services before its arrival at the scene of the emergency,

and who in good faith renders cardiopulmonary resuscitation in accordance with his training or the direction, other than in the course of his regular employment or profession, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

    7.  For the purposes of subsection 6, a person who:

    (a) Is required to be certified in the administration of cardiopulmonary resuscitation pursuant to NRS 391.092; and

    (b) In good faith renders cardiopulmonary resuscitation on the property of a public school or in connection with a transportation of pupils to or from a public school or while on activities that are part of the program of a public school,

shall be presumed to have acted other than in the course of his regular employment or profession.

    8.  Any person who:

    (a) Has successfully completed a course in cardiopulmonary resuscitation and training in the operation and use of an automated external defibrillator that were conducted in accordance with the standards of the American Heart Association or the American National Red Cross; and

    (b) Gratuitously and in good faith renders emergency medical care involving the use of an automated external defibrillator in accordance with his training,

is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

    9.  A person or governmental entity that provided the requisite training set forth in subsection 8 to a person who renders emergency care in accordance with subsection 8 is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by the person rendering such care.

    10.  A business or organization that has placed an automated external defibrillator for use on its premises is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by the person rendering such care or for providing the automated external defibrillator to the person for the purpose of rendering such care if the business or organization:

    (a) Complies with all current federal and state regulations governing the use and placement of an automated external defibrillator;

    (b) Ensures that only a person who has at least the qualifications set forth in subsection 8 uses the automated external defibrillator to provide care;

    (c) Ensures that the automated external defibrillator is maintained and tested according to the operational guidelines established by the manufacturer; and

    (d) Establishes and maintains a program to ensure compliance with current regulations, requirements for training, requirements for notification of emergency medical assistance and guidelines for the maintenance of the equipment.

    11.  As used in this section, “gratuitously” means that the person receiving care or assistance is not required or expected to pay any compensation or other remuneration for receiving the care or assistance.

    Sec. 7.  Chapter 41A of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 16, inclusive, of this act.

    Sec. 8.  “Economic damages” includes damages for medical treatment, care or custody, loss of earnings and loss of earning capacity.

    Sec. 9.  “Noneconomic damages” includes damages to compensate for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damages.

    Sec. 10.  1.  Except as otherwise provided in subsection 2 and except as further limited in subsection 3, in an action for damages for medical malpractice or dental malpractice, the noneconomic damages awarded to each plaintiff from each defendant must not exceed $350,000.

    2.  In an action for damages for medical malpractice or dental malpractice, the limitation on noneconomic damages set forth in subsection 1 does not apply in a case in which, following return of a verdict by the jury or a finding of damages in a bench trial, the court determines, by clear and convincing evidence admitted at trial, that an award in excess of $350,000 for noneconomic damages is justified because of exceptional circumstances.

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

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

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

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

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

    Sec. 11.  1.  In an action for damages for medical malpractice or dental malpractice, each defendant is liable for noneconomic damages severally only, and not jointly, to the plaintiff only for that portion of the judgment which represents the percentage of negligence attributable to the defendant.

    2.  As used in this section, “medical malpractice” means the failure of a physician, hospital, employee of a hospital, certified nurse midwife or certified registered nurse anesthetist in rendering services to use the reasonable care, skill or knowledge ordinarily used under similar circumstances.

    Sec. 12.  1.  Upon the motion of any party or upon its own motion, unless good cause is shown for the delay, the court shall, after due notice to the parties, dismiss an action involving medical malpractice or dental malpractice if the action is not brought to trial within:

    (a) Three years after the date on which the action is filed, if the action is filed on or after October 1, 2002, but before October 1, 2005.

    (b) Two years after the date on which the action is filed, if the action is filed on or after October 1, 2005.

    2.  Dismissal of an action pursuant to subsection 1 is a bar to the filing of another action upon the same claim for relief against the same defendants.

    3.  Each district court shall adopt court rules to expedite the resolution of an action involving medical malpractice or dental malpractice.

    Sec. 13.  If an action for medical malpractice or dental malpractice is filed in the district court, the district court shall dismiss the action, without prejudice, if the action is filed without an affidavit, supporting the allegations contained in the action, submitted by a medical expert who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged malpractice.

    Sec. 14.  1.  In an action for medical malpractice or dental malpractice, upon agreement of all the parties to the action or if ordered by the district judge assigned to the action, all the parties to the action, the insurers of the respective parties and the attorneys of the respective parties shall attend and participate in a settlement conference before a district judge, other than the judge assigned to the action, to ascertain whether the action may be settled by the parties before trial.

    2.  The judge before whom the settlement conference is held:

    (a) May, for good cause shown, waive the attendance of any party.

    (b) Shall decide what information the parties may submit at the settlement conference.

    (c) Shall notify the parties of the time and place of the settlement conference.

    3.  The failure of any party, his insurer or his attorney to participate in good faith in any such settlement conference is grounds for sanctions against the party or his attorney, or both.

    Sec. 15.  1.  Except as otherwise provided in subsection 3, an action for injury or death against a provider of health care may not be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:

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

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

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

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

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

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

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

    3.  The time limitations set forth in this section are tolled for any period during which the provider of health care has concealed any act, error or omission upon which the action is based and which is known or through the use of reasonable diligence should have been known to him.

    4.  For the purposes of this section, the parent, guardian or legal custodian of any minor child is responsible for exercising reasonable judgment in determining whether to prosecute any cause of action limited by subsection 1 or 2. If the parent, guardian or custodian fails to commence an action on behalf of that child within the prescribed period of limitations, the child may not bring an action based on the same alleged injury against any provider of health care upon the removal of his disability, except that in the case of:

    (a) Brain damage or birth defect, the period of limitation is extended until the child attains 10 years of age.

    (b) Sterility, the period of limitation is extended until 2 years after the child discovers the injury.

    5.  As used in this section, “provider of health care” means a physician licensed under chapter 630 or 633 of NRS, a dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, medical laboratory director or technician, or a licensed hospital as the employer of any such person.

    Sec. 16.  1.  Liability for personal injury or death is not imposed upon any provider of medical care based on alleged negligence in the performance of that care unless evidence consisting of expert medical testimony, material from recognized medical texts or treatises or the regulations of the licensed medical facility wherein the alleged negligence occurred is presented to demonstrate the alleged deviation from the accepted standard of care in the specific circumstances of the case and to prove causation of the alleged personal injury or death, except that such evidence is not required and a rebuttable presumption that the personal injury or death was caused by negligence arises where evidence is presented that the personal injury or death occurred in any one or more of the following circumstances:

    (a) A foreign substance other than medication or a prosthetic device was unintentionally left within the body of a patient following surgery;

    (b) An explosion or fire originating in a substance used in treatment occurred in the course of treatment;

    (c) An unintended burn caused by heat, radiation or chemicals was suffered in the course of medical care;

    (d) An injury was suffered during the course of treatment to a part of the body not directly involved in the treatment or proximate thereto; or

    (e) A surgical procedure was performed on the wrong patient or the wrong organ, limb or part of a patient’s body.

    2.  Expert medical testimony provided pursuant to subsection 1 may only be given by a provider of medical care who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged negligence.

    3.  As used in this section, “provider of medical care” means a physician, dentist, registered nurse or a licensed hospital as the employer of any such person.

    Sec. 17.  Chapter 42 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 2, in any action for damages for medical malpractice or dental malpractice, the amount of damages, if any, awarded in the action must be reduced by the amount of any prior payment made by or on behalf of the provider of health care against whom the action is brought to the injured person or to the claimant to meet reasonable expenses of medical care, other essential goods or services or reasonable living expenses.

    2.  In any action described in subsection 1 in which liability for medical malpractice or dental malpractice is established or admitted, the court shall, before the entry of judgment, hold a separate hearing to determine if any expenses incurred by the claimant for medical care, dental care, loss of income or other financial loss have been paid or reimbursed as a benefit from a collateral source. If the court determines that a claimant has received such a benefit, the court shall reduce the amount of damages, if any, awarded in the action by the amount of the benefit. The amount so reduced must not include any amount for which there is a right of subrogation to the rights of the claimant if the right of subrogation is exercised by serving a notice of lien on the claimant before the settlement of or the entry of judgment in the action. Notice of the action must be provided by the claimant to any statutory holder of a lien.

    3.  If future economic damages are awarded in an action for medical malpractice or dental malpractice, the court may, at the request of the claimant, order the award to be paid:

    (a) In a lump sum which has been reduced to its present value as determined by the trier of fact and approved by the court; or

    (b) Subject to the provisions of subsections 5 and 6 and the discretion of the court, in periodic payments either by an annuity purchased to provide periodic payments or by other means if the defendant posts an adequate bond or other security to ensure full payment by periodic payments of the damages awarded by the judgment.

As used in this subsection, “future economic damages” includes damages for future medical treatment, care or custody, and loss of future earnings.

    4.  If the claimant receives periodic payments pursuant to paragraph (b) of subsection 3, the award must not be reduced to its present value. The amount of the periodic payments must be equal to the total amount of all future damages awarded by the trier of fact and approved by the court. The period for which the periodic payments must be made must be determined by the trier of fact and approved by the court. Before the entry of judgment, each party shall submit to the court a plan specifying the recipient of the payments, the amount of the payments and a schedule of periodic payments for the award. Upon receipt and review of the plans, the court shall specify in its judgment rendered in the action the recipient of the payments, the amount of the payments and a schedule of payments for the award.

    5.  If an annuity is purchased pursuant to paragraph (b) of subsection 3, the claimant shall select the provider of the annuity. Upon purchase of the annuity, the claimant shall:

    (a) Execute a satisfaction of judgment or a stipulation for dismissal of the claim with prejudice; and

    (b) Release forever the defendant and his insurer, if any, from any obligation to make periodic payments pursuant to the award.

    6.  If the defendant posts a bond or other security pursuant to paragraph (b) of subsection 3, upon termination of the payment of periodic payments of damages, the court shall order the return of the bond or other security, or as much as remains, to the defendant.

    7.  As used in this section:

    (a) “Benefit from a collateral source” means any money, service or other benefit which is paid or provided or is reasonably likely to be paid or provided to a claimant for personal injury or wrongful death pursuant to:

        (1) A state or federal act which provides benefits for sickness, disability, accidents, loss of income or workers’ compensation;

        (2) A policy of insurance which provides health benefits or coverage for loss of income;

        (3) A contract of any group, organization, partnership or corporation which provides, pays or reimburses the cost of medical, hospital or dental benefits or benefits for loss of income; or

        (4) Any other publicly or privately funded program which provides such benefits.

    (b) “Dental malpractice” has the meaning ascribed to it in NRS 631.075.

    (c) “Medical malpractice” has the meaning ascribed to it in NRS 41A.009.

    Sec. 18.  Chapter 1 of NRS is hereby amended by adding thereto a new section to read as follows:

    Under the direction of the Supreme Court, the Court Administrator shall:

    1.  Examine the administrative procedures employed in the offices of the judges, clerks, court reporters and employees of all courts of this state and make recommendations, through the Chief Justice, for the improvement of those procedures;

    2.  Examine the condition of the dockets of the courts and determine the need for assistance by any court;

    3.  Make recommendations to and carry out the directions of the Chief Justice relating to the assignment of district judges where district courts are in need of assistance;

    4.  Develop a uniform system for collecting and compiling statistics and other data regarding the operation of the State Court System and transmit that information to the Supreme Court so that proper action may be taken in respect thereto;

    5.  Prepare and submit a budget of state appropriations necessary for the maintenance and operation of the State Court System and make recommendations in respect thereto;

    6.  Develop procedures for accounting, internal auditing, procurement and disbursement for the State Court System;

    7.  Collect statistical and other data and make reports relating to the expenditure of all public money for the maintenance and operation of the State Court System and the offices connected therewith;

    8.  Compile statistics from the information required to be maintained by the clerks of the district courts pursuant to NRS 3.275 and make reports as to the cases filed in the district courts;

    9.  Formulate and submit to the Supreme Court recommendations of policies or proposed legislation for the improvement of the State Court System;

    10.  On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report compiling the information submitted to the Court Administrator pursuant to NRS 3.243, 4.175 and 5.045 during the immediately preceding fiscal year;

    11.  On or before January 1 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau a written report concerning:

    (a) The distribution of money deposited in the special account created pursuant to section 1 of Assembly Bill No. 29 of this session to assist with funding and establishing specialty court programs;

    (b) The current status of any specialty court programs to which money from the account was allocated since the last report; and

    (c) Such other related information as the Court Administrator deems appropriate;

    12.  On or before February 15 of each odd-numbered year, submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling the information submitted by clerks of courts to the Court Administrator pursuant to sections 51 and 59 of this act which includes only aggregate information for statistical purposes and excludes any identifying information related to a particular person; and

    13.  Attend to such other matters as may be assigned by the Supreme Court or prescribed by law.

    Sec. 19.  Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The Supreme Court shall provide by court rule for mandatory appropriate training concerning the complex issues of medical malpractice litigation for each district judge to whom actions involving medical malpractice are assigned.

    2.  Such training must consist of not less than 3 hours each year of continuing education concerning those issues.

    Sec. 20.  Chapter 7 of NRS is hereby amended by adding thereto a new section to read as follows:

    If a court finds that an attorney has:

    1.  Filed, maintained or defended a civil action or proceeding in any court in this state and such action or defense is not well-grounded in fact or is not warranted by existing law or by an argument for changing the existing law that is made in good faith; or

    2.  Unreasonably and vexatiously extended a civil action or proceeding before any court in this state,

the court shall require the attorney personally to pay the additional costs, expenses and attorney’s fees reasonably incurred because of such conduct.

    Sec. 21.  Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 22 to 40, inclusive, of this act.

    Sec. 22.  As used in sections 22 to 40, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 23 to 28, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 23.  “Medical facility” means:

    1.  A hospital, as that term is defined in NRS 449.012 and 449.0151;

    2.  An obstetric center, as that term is defined in NRS 449.0151 and 449.0155;

    3.  A surgical center for ambulatory patients, as that term is defined in NRS 449.0151 and 449.019; and

    4.  An independent center for emergency medical care, as that term is defined NRS 449.013 and 449.0151.

    Sec. 24.  “Patient” means a person who:

    1.  Is admitted to a medical facility for the purpose of receiving treatment;

    2.  Resides in a medical facility; or

    3.  Receives treatment from a provider of health care.

    Sec. 25.  “Patient safety officer” means a person who is designated as such by a medical facility pursuant to section 36 of this act.

    Sec. 26.  “Provider of health care” means a person who is licensed, certified or otherwise authorized by the laws of this state to administer health care in the ordinary course of the business or practice of a profession.

    Sec. 27.  “Repository” means the Repository for Health Care Quality Assurance created by section 32 of this act.

    Sec. 28.  “Sentinel event” means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of a serious adverse outcome. The term includes loss of limb or function.

    Sec. 29.  1.  Except as otherwise provided in subsection 2:

    (a) A person who is employed by a medical facility shall, within 24 hours after becoming aware of a sentinel event that occurred at the medical facility, notify the patient safety officer of the facility of the sentinel event; and

    (b) The patient safety officer shall, within 13 days after receiving notification pursuant to paragraph (a), report the date, the time and a brief description of the sentinel event to:

        (1) The Health Division; and

        (2) The representative designated pursuant to section 33 of this act, if that person is different from the patient safety officer.

    2.  If the patient safety officer of a medical facility personally discovers or becomes aware, in the absence of notification by another employee, of a sentinel event that occurred at the medical facility, the patient safety officer shall, within 14 days after discovering or becoming aware of the sentinel event, report the date, time and brief description of the sentinel event to:

    (a) The Health Division; and

    (b) The representative designated pursuant to section 33 of this act, if that person is different from the patient safety officer.

    3.  The Administrator shall prescribe the manner in which reports of sentinel events must be made pursuant to this section.

    Sec. 30.  1.  The Health Division shall, to the extent of legislative appropriation and authorization:

    (a) Collect and maintain reports received pursuant to section 29 of this act; and

    (b) Ensure that such reports, and any additional documents created from such reports, are protected adequately from fire, theft, loss, destruction and other hazards and from unauthorized access.

    2.  Reports received pursuant to section 29 of this act are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

    Sec. 31.  1.  The Health Division shall, to the extent of legislative appropriation and authorization, contract with a quality improvement organization, as defined in 42 C.F.R. § 400.200, to analyze and report trends regarding sentinel events.

    2.  When the Health Division receives notice from a medical facility that the medical facility has taken corrective action to remedy the causes or contributing factors, or both, of a sentinel event, the Health Division shall:

    (a) Make a record of the information;

    (b) Ensure that the information is aggregated so as not to reveal the identity of a specific person or medical facility; and

    (c) Transmit the information to a quality improvement organization.

    3.  A quality improvement organization to whom information is transmitted pursuant to subsection 2 shall, at least quarterly, report its findings regarding the analysis of aggregated trends of sentinel events to the Repository.

    Sec. 32.  1.  The Repository for Health Care Quality Assurance is hereby created within the Health Division.

    2.  The Repository shall, to the extent of legislative appropriation and authorization, function as a clearinghouse of information relating to aggregated trends of sentinel events.

    Sec. 33.  1.  Each medical facility that is located within this state shall designate a representative for the notification of patients who have been involved in sentinel events at that medical facility.

    2.  A representative designated pursuant to subsection 1 shall, not later than 7 days after discovering or becoming aware of a sentinel event that occurred at the medical facility, provide notice of that fact to each patient who was involved in that sentinel event.

    3.  The provision of notice to a patient pursuant to subsection 2 must not, in any action or proceeding, be considered an acknowledgment or admission of liability.

    4.  A representative designated pursuant to subsection 1 may or may not be the same person who serves as the facility’s patient safety officer.

    Sec. 34.  Any report, document and any other information compiled or disseminated pursuant to the provisions of sections 22 to 40, inclusive, of this act is not admissible in evidence in any administrative or legal proceeding conducted in this state.

    Sec. 35.  1.  Each medical facility that is located within this state shall develop, in consultation with the providers of health care who provide treatment to patients at the medical facility, an internal patient safety plan to improve the health and safety of patients who are treated at that medical facility.

    2.  A medical facility shall submit its patient safety plan to the governing board of the medical facility for approval in accordance with the requirements of this section.

    3.  After a medical facility’s patient safety plan is approved, the medical facility shall notify all providers of health care who provide treatment to patients at the medical facility of the existence of the plan and of the requirements of the plan. A medical facility shall require compliance with its patient safety plan.

    Sec. 36.  1.  A medical facility shall designate an officer or employee of the facility to serve as the patient safety officer of the medical facility.

    2.  The person who is designated as the patient safety officer of a medical facility shall:

    (a) Serve on the patient safety committee.

    (b) Supervise the reporting of all sentinel events alleged to have occurred at the medical facility, including, without limitation, performing the duties required pursuant to section 29 of this act.

    (c) Take such action as he determines to be necessary to ensure the safety of patients as a result of an investigation of any sentinel event alleged to have occurred at the medical facility.

    (d) Report to the patient safety committee regarding any action taken in accordance with paragraph (c).

    Sec. 37.  1.  A medical facility shall establish a patient safety committee.

    2.  Except as otherwise provided in subsection 3:

    (a) A patient safety committee established pursuant to subsection 1 must be composed of:

        (1) The patient safety officer of the medical facility.

        (2) At least three providers of health care who treat patients at the medical facility, including, without limitation, at least one member of the medical, nursing and pharmaceutical staff of the medical facility.

        (3) One member of the executive or governing body of the medical facility.

    (b) A patient safety committee shall meet at least once each month.

    3.  The Administrator shall adopt regulations prescribing the composition and frequency of meetings of patient safety committees at medical facilities having fewer than 25 employees and contractors.

    4.  A patient safety committee shall:

    (a) Receive reports from the patient safety officer pursuant to section 36 of this act.

    (b) Evaluate actions of the patient safety officer in connection with all reports of sentinel events alleged to have occurred at the medical facility.

    (c) Review and evaluate the quality of measures carried out by the medical facility to improve the safety of patients who receive treatment at the medical facility.

    (d) Make recommendations to the executive or governing body of the medical facility to reduce the number and severity of sentinel events that occur at the medical facility.

    (e) At least once each calendar quarter, report to the executive or governing body of the medical facility regarding:

        (1) The number of sentinel events that occurred at the medical facility during the preceding calendar quarter; and

        (2) Any recommendations to reduce the number and severity of sentinel events that occur at the medical facility.

    5.  The proceedings and records of a patient safety committee are subject to the same privilege and protection from discovery as the proceedings and records described in NRS 49.265.

    Sec. 38.  No person is subject to any criminal penalty or civil liability for libel, slander or any similar cause of action in tort if he, without malice:

    1.  Reports a sentinel event to a governmental entity with jurisdiction or another appropriate authority;

    2.  Notifies a governmental entity with jurisdiction or another appropriate authority of a sentinel event;

    3.  Transmits information regarding a sentinel event to a governmental entity with jurisdiction or another appropriate authority;

    4.  Compiles, prepares or disseminates information regarding a sentinel event to a governmental entity with jurisdiction or another appropriate authority; or

    5.  Performs any other act authorized pursuant to sections 22 to 40, inclusive, of this act.

    Sec. 39.  If a medical facility:

    1.  Commits a violation of any provision of sections 22 to 40, inclusive, of this act or any violation for which an administrative sanction pursuant to NRS 449.163 would otherwise be applicable; and

    2.  Of its own volition, reports the violation to the Administrator,

such a violation must not be used as the basis for imposing an administrative sanction pursuant to NRS 449.163.

    Sec. 40.  The Administrator shall adopt such regulations as the Administrator determines to be necessary or advisable to carry out the provisions of sections 22 to 40, inclusive, of this act.

    Sec. 41.  Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 42 and 43 of this act.

    Sec. 42.  1.  A medical facility or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the medical facility or a person acting on behalf of the employee who in good faith:

    (a) Reports to the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, information relating to the conduct of a physician which may constitute grounds for initiating disciplinary action against the physician or which otherwise raises a reasonable question regarding the competence of the physician to practice medicine with reasonable skill and safety to patients;

    (b) Reports a sentinel event to the Health Division pursuant to section 29 of this act; or

    (c) Cooperates or otherwise participates in an investigation or proceeding conducted by the Board of Medical Examiners, the State Board of Osteopathic Medicine or another governmental entity relating to conduct described in paragraph (a) or (b).

    2.  A medical facility or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the medical facility because the employee has taken an action described in subsection 1.

    3.  A medical facility or any agent or employee thereof shall not prohibit, restrict or attempt to prohibit or restrict by contract, policy, procedure or any other manner the right of an employee of the medical facility to take an action described in subsection 1.

    4.  As used in this section:

    (a) “Physician” means a person licensed to practice medicine pursuant to chapter 630 or 633 of NRS.

    (b) “Retaliate or discriminate”:

        (1) Includes, without limitation, the following action if such action is taken solely because the employee took an action described in subsection 1:

            (I) Frequent or undesirable changes in the location where the employee works;

            (II) Frequent or undesirable transfers or reassignments;

            (III) The issuance of letters of reprimand, letters of admonition or evaluations of poor performance;

            (IV) A demotion;

            (V) A reduction in pay;

            (VI) The denial of a promotion;

            (VII) A suspension;

            (VIII) A dismissal;

            (IX) A transfer; or

            (X) Frequent changes in working hours or workdays.

        (2) Does not include action described in sub-subparagraphs (I) to (X), inclusive, of subparagraph (1) if the action is taken in the normal course of employment or as a form of discipline.

    Sec. 43.  An employee of a medical facility who believes that he has been retaliated or discriminated against in violation of section 42 of this act may file an action in a court of competent jurisdiction for such relief as may be appropriate under the law.

    Sec. 44.  Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 45 to 51, inclusive, of this act.

    Sec. 45.  1.  In addition to the other powers and duties provided in this chapter, the Board shall:

    (a) Enforce the provisions of this chapter;

    (b) Establish by regulation standards for licensure under this chapter;

    (c) Conduct examinations for licensure and establish a system of scoring for those examinations;

    (d) Investigate the character of each applicant for a license and issue licenses to those applicants who meet the qualifications set by this chapter and the Board; and

    (e) Institute a proceeding in any court to enforce its orders or the provisions of this chapter.

    2.  On or before February 15 of each odd-numbered year, the Board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:

    (a) Disciplinary action taken by the Board during the previous biennium against physicians for malpractice or negligence; and

    (b) Information reported to the Board during the previous biennium pursuant to section 50 of this act, subsections 2 and 3 of section 51 of this act and section 62 of this act.

The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.

    3.  The Board may adopt such regulations as are necessary or desirable to enable it to carry out the provisions of this chapter.

    Sec. 46.  1.  Each holder of a license to practice medicine must, on or before July 1 of each alternate year:

    (a) Submit the statement required pursuant to NRS 630.197;

    (b) Submit a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against him during the previous 2 years; and

    (c) Pay to the Secretary-Treasurer of the Board the applicable fee for biennial registration. This fee must be collected for the period for which a physician is licensed.

    2.  When a holder of a license fails to pay the fee for biennial registration and submit the statement required pursuant to NRS 630.197 after they become due, his license to practice medicine in this state is automatically suspended. The holder may, within 2 years after the date his license is suspended, upon payment of twice the amount of the current fee for biennial registration to the Secretary-Treasurer and submission of the statement required pursuant to NRS 630.197 and after he is found to be in good standing and qualified under the provisions of this chapter, be reinstated to practice.

    3.  The Board shall make such reasonable attempts as are practicable to notify a licensee:

    (a) At least once that his fee for biennial registration and the statement required pursuant to NRS 630.197 are due; and

    (b) That his license is suspended.

A copy of this notice must be sent to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.

    Sec. 47.  1.  A physician or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the physician or a person acting on behalf of the employee who in good faith:

    (a) Reports to the Board information relating to the conduct of the physician which may constitute grounds for initiating disciplinary action against the physician or which otherwise raises a reasonable question regarding the competence of the physician to practice medicine with reasonable skill and safety to patients;

    (b) Reports a sentinel event to the Health Division pursuant to section 29 of this act; or

    (c) Cooperates or otherwise participates in an investigation or proceeding conducted by the Board or another governmental entity relating to conduct described in paragraph (a) or (b).

    2.  A physician or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the physician because the employee has taken an action described in subsection 1.

    3.  A physician or any agent or employee thereof shall not prohibit, restrict or attempt to prohibit or restrict by contract, policy, procedure or any other manner the right of an employee of the physician to take an action described in subsection 1.

    4.  As used in this section, “retaliate or discriminate”:

    (a) Includes, without limitation, the following action if such action is taken solely because the employee took an action described in subsection 1:

        (1) Frequent or undesirable changes in the location where the employee works;

        (2) Frequent or undesirable transfers or reassignments;

        (3) The issuance of letters of reprimand, letters of admonition or evaluations of poor performance;

        (4) A demotion;

        (5) A reduction in pay;

        (6) The denial of a promotion;

        (7) A suspension;

        (8) A dismissal;

        (9) A transfer; or

        (10) Frequent changes in working hours or workdays.

    (b) Does not include action described in subparagraphs (1) to (10), inclusive, of paragraph (a) if the action is taken in the normal course of employment or as a form of discipline.

    Sec. 48.  An employee of a physician who believes that he has been retaliated or discriminated against in violation of section 47 of this act may file an action in a court of competent jurisdiction for such relief as may be appropriate.

    Sec. 49.  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

    1.  Failure to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient.

    2.  Altering medical records of a patient.

    3.  Making or filing a report which the licensee knows to be false, failing to file a record or report as required by law or willfully obstructing or inducing another to obstruct such filing.

    4.  Failure to make the medical records of a patient available for inspection and copying as provided in NRS 629.061.

    5.  Failure to comply with the requirements of section 50 of this act.

    6.  Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the Board.

    Sec. 50.  1.  The insurer of a physician licensed under this chapter and the physician must report to the Board any action filed or claim submitted to arbitration or mediation for malpractice or negligence against the physician and the settlement, award, judgment or other disposition of the action or claim within 45 days after:

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

    (b) The disposition of the action or claim.

    2.  The Board shall report any failure to comply with subsection 1 by an insurer licensed in this state to the Division of Insurance of the Department of Business and Industry. If, after a hearing, the Division of Insurance determines that any such insurer failed to comply with the requirements of subsection 1, the Division may impose an administrative fine of not more than $15,000 against the insurer for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

    Sec. 51.  1.  Any person, medical school or medical facility that becomes aware that a person practicing medicine or respiratory care in this state has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 45 days after becoming aware of the conduct.

    2.  Any hospital, clinic or other medical facility licensed in this state, or medical society, shall report to the Board any change in a physician’s privileges to practice medicine while the physician is under investigation and the outcome of any disciplinary action taken by that facility or society against the physician concerning the care of a patient or the competency of the physician within 45 days after the change in privileges is made or disciplinary action is taken. The Board shall report any failure to comply with this subsection by a hospital, clinic or other medical facility licensed in this state to the Health Division of the Department of Human Resources. If, after a hearing, the Health Division determines that any such facility or society failed to comply with the requirements of this subsection, the Health Division may impose an administrative fine of not more than $15,000 against the facility or society for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Health Division.

    3.  The clerk of every court shall report to the Board any finding, judgment or other determination of the court that a physician, physician assistant or practitioner of respiratory care:

    (a) Is mentally ill;

    (b) Is mentally incompetent;

    (c) Has been convicted of a felony or any law governing controlled substances or dangerous drugs;

    (d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or

    (e) Is liable for damages for malpractice or negligence,

within 45 days after such a finding, judgment or determination is made.

    4.  On or before January 15 of each year, the clerk of each court shall submit to the Office of Court Administrator created pursuant to NRS 1.320 a written report compiling the information that the clerk reported during the previous year to the Board regarding physicians pursuant to paragraph (e) of subsection 3.

    Sec. 52.  Chapter 633 of NRS is hereby amended by adding thereto the provisions set forth as sections 53 to 59, inclusive, of this act.

    Sec. 53.  1.  On or before February 15 of each odd-numbered year, the Board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:

    (a) Disciplinary action taken by the Board during the previous biennium against osteopathic physicians for malpractice or negligence; and

    (b) Information reported to the Board during the previous biennium pursuant to section 58 of this act, subsections 2 and 3 of section 59 of this act and section 62 of this act.

    2.  The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.

    Sec. 54.  1.  Except as otherwise provided in subsection 3 and in NRS 633.491, every holder of a license issued under this chapter, except a temporary or a special license, may renew his license on or before January 1 of each calendar year after its issuance by:

    (a) Applying for renewal on forms provided by the Board;

    (b) Submitting the statement required pursuant to NRS 633.326;

    (c) Paying the annual license renewal fee specified in this chapter;

    (d) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against him during the previous year; and

    (e) Submitting verified evidence satisfactory to the Board that in the year preceding the application for renewal he has attended courses or programs of continuing education approved by the Board totaling a number of hours established by the Board which must not be less than 35 hours or more than that set in the requirements for continuing medical education of the American Osteopathic Association.

    2.  The Secretary of the Board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.

    3.  Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.

    Sec. 55.  1.  An osteopathic physician or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the osteopathic physician or a person acting on behalf of the employee who in good faith:

    (a) Reports to the Board information relating to the conduct of the osteopathic physician which may constitute grounds for initiating disciplinary action against the osteopathic physician or which otherwise raises a reasonable question regarding the competence of the osteopathic physician to practice medicine with reasonable skill and safety to patients;

    (b) Reports a sentinel event to the Health Division pursuant to section 29 of this act; or

    (c) Cooperates or otherwise participates in an investigation or proceeding conducted by the Board or another governmental entity relating to conduct described in paragraph (a) or (b).

    2.  An osteopathic physician or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the osteopathic physician because the employee has taken an action described in subsection 1.

    3.  An osteopathic physician or any agent or employee thereof shall not prohibit, restrict or attempt to prohibit or restrict by contract, policy, procedure or any other manner the right of an employee of the osteopathic physician to take an action described in subsection 1.

    4.  As used in this section, “retaliate or discriminate”:

    (a) Includes, without limitation, the following action if such action is taken solely because the employee took an action described in subsection 1:

        (1) Frequent or undesirable changes in the location where the employee works;

        (2) Frequent or undesirable transfers or reassignments;

        (3) The issuance of letters of reprimand, letters of admonition or evaluations of poor performance;

        (4) A demotion;

        (5) A reduction in pay;

        (6) The denial of a promotion;

        (7) A suspension;

        (8) A dismissal;

        (9) A transfer; or

        (10) Frequent changes in working hours or workdays.

    (b) Does not include action described in paragraphs (1) to (10), inclusive, of paragraph (a) if the action is taken in the normal course of employment or as a form of discipline.

    Sec. 56.  An employee of an osteopathic physician who believes that he has been retaliated or discriminated against in violation of section 55 of this act may file an action in a court of competent jurisdiction for such relief as may be appropriate under the law.

    Sec. 57.  The grounds for initiating disciplinary action pursuant to this chapter are:

    1.  Unprofessional conduct.

    2.  Conviction of:

    (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

    (b) A felony;

    (c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

    (d) Any offense involving moral turpitude.

    3.  The suspension of the license to practice osteopathic medicine by any other jurisdiction.

    4.  Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

    5.  Professional incompetence.

    6.  Failure to comply with the requirements of section 58 of this act.

    Sec. 58.  1.  The insurer of an osteopathic physician licensed under this chapter and the osteopathic physician must report to the Board any action filed or claim submitted to arbitration or mediation for malpractice or negligence against the osteopathic physician and the settlement, award, judgment or other disposition of the action or claim within 45 days after:

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

    (b) The disposition of the action or claim.

    2.  The Board shall report any failure to comply with subsection 1 by an insurer licensed in this state to the Division of Insurance of the Department of Business and Industry. If, after a hearing, the Division of Insurance determines that any such insurer failed to comply with the requirements of subsection 1, the Division may impose an administrative fine of not more than $15,000 against the insurer for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

    Sec. 59.  1.  Any person, medical school or medical facility that becomes aware that a person practicing osteopathic medicine in this state has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 45 days after becoming aware of the conduct.

    2.  Any hospital, clinic or other medical facility licensed in this state, or medical society, shall report to the Board any change in an osteopathic physician’s privileges to practice osteopathic medicine while the osteopathic physician is under investigation and the outcome of any disciplinary action taken by that facility or society against the osteopathic physician concerning the care of a patient or the competency of the osteopathic physician within 45 days after the change in privileges is made or disciplinary action is taken. The Board shall report any failure to comply with this subsection by a hospital, clinic or other medical facility licensed in this state to the Health Division of the Department of Human Resources. If, after a hearing, the Health Division determines that any such facility or society failed to comply with the requirements of this subsection, the Health Division may impose an administrative fine of not more than $15,000 against the facility or society for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Health Division.

    3.  The clerk of every court shall report to the Board any finding, judgment or other determination of the court that an osteopathic physician or osteopathic physician’s assistant:

    (a) Is mentally ill;

    (b) Is mentally incompetent;

    (c) Has been convicted of a felony or any law governing controlled substances or dangerous drugs;

    (d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or

    (e) Is liable for damages for malpractice or negligence,

within 45 days after such a finding, judgment or determination is made.

    4.  On or before January 15 of each year, the clerk of every court shall submit to the Office of Court Administrator created pursuant to NRS 1.320 a written report compiling the information that the clerk reported during the previous year to the Board regarding osteopathic physicians pursuant to paragraph (e) of subsection 3.

    Sec. 60.  NRS 633.481 is hereby amended to read as follows:

    633.481  1.  Except as otherwise provided in subsection 2, if a licensee fails to comply with the requirements of [NRS 633.471] section 54 of this act within 30 days after the renewal date, the Board shall give 30 days’ notice of failure to renew and of revocation of license by certified mail to the licensee at his last address registered with the Board. If the license is not renewed before the expiration of the 30 days’ notice, the license is automatically revoked without any further notice or a hearing and the Board shall file a copy of the notice with the Drug Enforcement Administration of the United States Department of Justice or its successor agency.

    2.  A licensee who fails to meet the continuing education requirements for license renewal may apply to the Board for a waiver of the requirements. The Board may grant a waiver for that year only if it finds that the failure is due to the licensee’s disability, military service or absence from the United States, or to circumstances beyond the control of the licensee which are deemed by the Board to excuse the failure.

    3.  A person whose license is revoked under this section may apply to the Board for restoration of his license upon:

    (a) Payment of all past due renewal fees and the late payment fee specified in this chapter;

    (b) Submission of the statement required pursuant to NRS 633.326;

    (c) Producing verified evidence satisfactory to the Board of completion of the total number of hours of continuing education required for the year preceding the renewal date and for each year succeeding the date of revocation; and

    (d) Stating under oath in writing that he has not withheld information from the Board which if disclosed would furnish grounds for disciplinary action under this chapter.

    Sec. 61.  Chapter 690B of NRS is hereby amended by adding thereto the provisions set forth as sections 62 and 63 of this act.

    Sec. 62.  Except as more is required in sections 50 and 58 of this act:

    1.  Each insurer which issues a policy of insurance covering the liability of a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS for a breach of his professional duty toward a patient shall report to the Board which licensed the practitioner within 45 days each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for more than $10,000, giving the name and address of the claimant and the practitioner and the circumstances of the case.

    2.  A practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS who does not have insurance covering liability for a breach of his professional duty toward a patient shall report to the Board which issued his license within 45 days of each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for more than $10,000, giving his name and address, the name and address of the claimant and the circumstances of the case.

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

    Sec. 63.  1.  Each insurer which issues a policy of insurance covering the liability of a physician licensed under chapter 630 of NRS or an osteopathic physician licensed under chapter 633 of NRS for a breach of his professional duty toward a patient shall, within 45 days after a claim is closed under the policy, submit a report to the Commissioner concerning the claim. The report must include, without limitation:

    (a) The name and address of the claimant and the insured under the policy;

    (b) A statement setting forth the circumstances of the case;

    (c) Information indicating whether any payment was made on the claim and the amount of the payment, if any; and

    (d) The information specified in subsection 2 of NRS 679B.144.

    2.  An insurer who fails to comply with the provisions of subsection 1 is subject to the imposition of an administrative fine pursuant to NRS 679B.460.

    3.  The Commissioner shall, within 45 days after receiving a report from an insurer pursuant to this section, submit a report to the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, setting forth the information provided to the Commissioner by the insurer pursuant to this section.

    Sec. 64.  NRS 1.360, 3.029, 7.085, 41.503, 41.505, 41A.007, 41A.011, 41A.031, 41A.041, 41A.061, 41A.071, 41A.081, 41A.097, 41A.100, 42.020, 439.800, 439.805, 439.810, 439.815, 439.820, 439.825, 439.830, 439.835, 439.840, 439.845, 439.850, 439.855, 439.860, 439.865, 439.870, 439.875, 439.880, 439.885, 439.890, 449.205, 449.207, 630.130, 630.267, 630.293, 630.296, 630.3062, 630.3067, 630.307, 633.286, 633.471, 633.505, 633.507, 633.511, 633.526, 633.533, 690B.045 and 690B.050 are hereby repealed.

    Sec. 65.  Sections 3 to 17, inclusive, of this act do not apply to an action that is filed before the effective date of this act and apply to any action that is filed on or after the effective date of this act.

    Sec. 66.  1.  At the general election held in 2004, the provisions of this act must be submitted to the registered voters of this state, pursuant to Section 2 of Article 19 of the Nevada Constitution, as a different and competing measure enacted by the Legislature on the same subject contained in the initiative petition that was presented to the Legislature by the Secretary of State on February 3, 2003.

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

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

TEXT OF REPEALED SECTION

    1.360  Duties.

    3.029  Training concerning complex issues of medical malpractice litigation.

    7.085  Payment of additional costs, expenses and attorney’s fees by attorney who files, maintains or defends certain civil actions or extends civil actions in certain circumstances.

    41.503  Hospital care or assistance necessitated by traumatic injury; presumption regarding follow-up care.

    41.505  Physicians, dentists, nurses and emergency medical attendants; licensed medical facilities in which certain emergency obstetrical care is rendered.

    41A.007  “Economic damages” defined.

    41A.011  “Noneconomic damages” defined.

    41A.031  Limitations on liability for noneconomic damages; exceptions.

    41A.041  Medical malpractice: Several liability for noneconomic damages.

    41A.061  Dismissal of action for failure to bring to trial; effect of dismissal; adoption of court rules to expedite resolution of actions.

    41A.071  Dismissal of action filed without affidavit of medical expert supporting allegations.

    41A.081  Settlement conference: Persons required to participate; powers and duties of judge; failure to participate.

    41A.097  Limitation of actions; tolling of limitation.

    41A.100  Required evidence; exceptions; rebuttable presumption of negligence.

    42.020  Actions for damages for medical malpractice: Reduction of damages by amount previously paid or reimbursed; payment of future economic damages.

    439.800  Definitions.

    439.805  “Medical facility” defined.

    439.810  “Patient” defined.

    439.815  “Patient safety officer” defined.

    439.820  “Provider of health care” defined.

    439.825  “Repository” defined.

    439.830  “Sentinel event” defined.

    439.835  Mandatory reporting of sentinel events.

    439.840  Reports of sentinel events: Duties of health division; confidentiality.

    439.845  Analysis and reporting of trends regarding sentinel events; treatment of certain information regarding corrective action by medical facility.

    439.850  Repository for health care quality assurance: Creation; function.

    439.855  Notification of patients involved in sentinel events.

    439.860  Inadmissibility of certain information in administrative or legal proceeding.

    439.865  Patient safety plan: Development; approval; notice; compliance.

    439.870  Patient safety officer: Designation; duties.

    439.875  Patient safety committee: Establishment; composition; meetings; duties; proceedings and records are privileged.

    439.880  Immunity from criminal and civil liability.

    439.885  Violation by medical facility: Administrative sanction prohibited when voluntarily reported.

    439.890  Adoption of regulations.

    449.205  Retaliation or discrimination against employee of medical facility who reports or participates in investigation or proceeding relating to sentinel event or certain conduct of physician prohibited; restriction of right prohibited.

    449.207  Retaliation or discrimination against employee of medical facility who reports or participates in investigation or proceeding relating to sentinel event or certain conduct of physician: Legal recourse of employee.

    630.130  Duties; regulations.

    630.267  Biennial registration: Submission of statement, list and fee; suspension and reinstatement of license; notice to licensee.

    630.293  Retaliation or discrimination against employee who reports or participates in investigation or proceeding relating to sentinel event or certain conduct of physician prohibited; restriction of right prohibited.

    630.296  Retaliation or discrimination against employee who reports or participates in investigation or proceeding relating to sentinel event or certain conduct of physician: Legal recourse of employee.

    630.3062  Grounds for initiating disciplinary action or denying licensure: Failure to maintain proper medical records; altering medical records; making false report; failure to file or obstructing required report; failure to allow inspection and copying of medical records; failure to report other person in violation of chapter or regulations.

    630.3067  Reporting of certain information concerning malpractice or negligence; noncompliance by insurer.

    630.307  Filing of complaint; reporting of certain information relating to competency of physician, physician assistant or practitioner of respiratory care; noncompliance by medical facility or society.

    633.286  Reports to governor and legislature.

    633.471  Renewal of license: Prerequisites; notice to licensee; exemption from fee.

    633.505  Retaliation or discrimination against employee who reports or participates in investigation or proceeding relating to sentinel event or certain conduct of osteopathic physician prohibited; restriction of right prohibited.

    633.507  Retaliation or discrimination against employee who reports or participates in investigation or proceeding relating to sentinel event or certain conduct of osteopathic physician: Legal recourse of employee.

    633.511  Grounds for initiating disciplinary action.

    633.526  Reporting of certain information concerning malpractice or negligence; noncompliance by insurer.

    633.533  Period for mandatory filing of complaint; reporting of certain information relating to competency of osteopathic physician or osteopathic physician’s assistant; noncompliance by medical facility or society.

    690B.045  Practitioners of the healing arts: Reports to licensing boards.

    690B.050  Physicians and osteopathic physicians: Reports to Commissioner and licensing boards.”.

    Amend the bill as a whole by deleting the preamble.

    Amend the title of the bill to read as follows:

    “AN ACT relating to malpractice; revising provisions governing limitations on liability of certain medical providers for negligent acts; removing the exception for gross malpractice from the limitation on liability of noneconomic damages in cases involving medical and dental malpractice; providing that a settlement conference in an action for malpractice is not mandatory in all cases; revising various other provisions concerning actions for medical and dental malpractice; revising provisions governing mandatory training for certain district judges concerning issues of medical malpractice litigation; revising provisions concerning sanctions imposed on attorneys in certain circumstances; revising various provisions concerning the reporting of medical errors; revising provisions concerning the Board of Medical Examiners; revising provisions concerning the State Board of Osteopathic Medicine; revising the time within which certain reports concerning claims of malpractice must be submitted to a licensing board; increasing certain administrative fines for failing to file reports concerning claims of malpractice; and providing other maters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARYMakes various changes related to medical and dental malpractice. (BDR 1‑248)”.

        Maurice E. Washington

        Bernie Anderson

        Mike McGinness

        Barbara Buckley

        Michael Schneider

        Dawn Gibbons

    Senate Conference Committee

    Assembly Conference Committee

    Senator Washington moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 97.

    Remarks by Senators Washington and Care.

    Senators O'Connell, Rhoads and Amodei requested a roll call vote on Senator Washington's motion.

    Roll call on Senator Washington’s motion:

    Yeas—9.

    Nays—Cegavske, Coffin, Hardy, Nolan, O'Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Townsend, Washington—12.

    The motion having failed to receive a majority, Madam President declared it lost.

Madam President:

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

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 38, which is attached to and hereby made a part of this report.

    Conference Amendment.

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

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

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

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

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

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

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

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

    Amend the title of the bill, thirteenth line, after “parks;” by inserting:

“providing for the allocation of certain bonds proceeds for historic restoration projects in Virginia City and Lincoln County;”.

        Sandra Tiffany

        Harry Mortenson

        Warren B. Hardy

        Tom Collins

        Terry Care

        Pete Goicoechea

    Senate Conference Committee

    Assembly Conference Committee

    Senator Tiffany moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 144.

    Remarks by Senator Tiffany.

    Motion carried by a two-thirds majority.

SECOND READING AND AMENDMENT

    Assembly Bill No. 460.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 1014.

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

    Sec. 1.5.  NRS 202.2491 is hereby amended to read as follows:

    202.2491  1.  Except as otherwise provided in subsections 5 and 6 and NRS 202.24915, the smoking of tobacco in any form is prohibited if done in any:

    (a) Public elevator.

    (b) Public building.

    (c) Public waiting room, lobby or hallway of any:

        (1) Medical facility or facility for the dependent as defined in chapter 449 of NRS; or

        (2) Office of any chiropractor, dentist, physical therapist, physician, podiatric physician, psychologist, optician, optometrist or doctor of Oriental medicine.

    (d) Hotel or motel when so designated by the operator thereof.

    (e) Public area of a store principally devoted to the sale of food for human consumption off the premises.

    (f) Child care facility.

    (g) Bus used by the general public, other than a chartered bus, or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.

    (h) School bus.

    (i) Video arcade.

    2.  The person in control of an area listed in paragraph (c), (d), (e) [, (f)] or (g) of subsection 1:

    (a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

    (b) May designate separate rooms or portions of the area which may be used for smoking, except for a room or portion of the area of a store described in paragraph (e) of subsection 1 if the room or portion of the area:

        (1) Is leased to or operated by a person licensed pursuant to NRS 463.160; and

        (2) Does not otherwise qualify for an exemption set forth in NRS 202.24915.

    3.  The person in control of a public building:

    (a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

    (b) Shall, except as otherwise provided in this subsection, designate a separate area which may be used for smoking.

A school district which prohibits the use of tobacco by pupils need not designate an area which may be used by the pupils to smoke.

    4.  The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.

    5.  A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.

    6.  The smoking of tobacco is not prohibited in:

    (a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.

    (b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.

    7.  [The person in control of a child care facility shall not allow children in any room or area he designates for smoking pursuant to paragraph (b) of subsection 2. Any such room or area must be sufficiently separate or ventilated so that there are no irritating or toxic effects of smoke in the other areas of the facility.

    8.]  As used in this section:

    (a) “Child care facility” means an establishment [licensed pursuant to chapter 432A of NRS to provide care for 13 or more children.] operated and maintained to furnish care on a temporary or permanent basis, during the day or overnight, to five or more children under 18 years of age, if compensation is received for the care of any of those children. The term does not include the home of a natural person who provides child care.

    (b) “Licensed gaming establishment” has the meaning ascribed to it in NRS 463.0169.

    (c) “Public building” means any building or office space owned or occupied by:

        (1) Any component of the University and Community College System of Nevada and used for any purpose related to the System.

        (2) The State of Nevada and used for any public purpose, other than that used by the Department of Corrections to house or provide other services to offenders.

        (3) Any county, city, school district or other political subdivision of the State and used for any public purpose.

If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.

    (d) “School bus” has the meaning ascribed to it in NRS 483.160.

    (e) “Video arcade” means a facility legally accessible to persons under 18 years of age which is intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to tobacco; prohibiting smoking in certain video arcades and child care facilities; making various changes relating to the sale of tobacco products to and the purchase of those products by minors; making various changes regarding the sale, delivery and taxation of cigarettes; revising the duties and rights of manufacturers and distributors of cigarettes; revising the duties of the Department of Taxation; providing civil and criminal penalties; and providing other matters properly relating thereto.”.

    Senator Amodei moved the adoption of the amendment.

    Remarks by Senator Amodei.

    Amendment adopted.

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

GENERAL FILE AND THIRD READING

    Assembly Bill No. 441.

    Bill read third time.

    Roll call on Assembly Bill No. 441:

    Yeas—20.

    Nays—Neal.

    Assembly Bill No. 441 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 490.

    Bill read third time.

    Roll call on Assembly Bill No. 490:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 490 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senator Raggio moved that the Senate recess until 8:30 p.m.

    Motion carried.

    Senate in recess at 7:32 p.m.

SENATE IN SESSION

    At 11:44 p.m.

    President Hunt presiding.

    Quorum present.

REPORTS OF COMMITTEES

Madam President:

    Your Committee on Finance, to which was referred Assembly Bill No. 203, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio, Chairman

Madam President:

    Your Committee on Government Affairs, to which was referred Assembly Bill No. 552, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Ann O'Connell, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, June 2, 2003

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 474, 554, 555; Senate Bills Nos. 184, 301, 497, 506.

    Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 268, 366, 466, 482.

    Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 210, Amendment No. 985; Senate Bill No. 250, Amendment No. 987; Senate Bill No. 400, Amendment No. 922; Senate Bill No. 499, Amendment No. 977, and respectfully requests your honorable body to concur in said amendments.

    Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 32; Senate Concurrent Resolution No. 41.

    Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 989 to Assembly Bill No. 148.

    Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 1008 to Assembly Bill No. 441.

    Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 1010 to Assembly Bill No. 490.

    Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 712 to Assembly Bill No. 493.

    Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 258, and requests a conference, and appointed Assemblymen Arberry, Perkins and Gibbons as a first Conference Committee to meet with a like committee of the Senate.

    Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Assembly Bills Nos. 23, 232, 249; Senate Bills Nos. 59, 137, 144, 370, 436.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Coffin moved to suspend Joint Standing Rule No. 9.5, which requires the Senate to adjourn at midnight and change the specified time to 1 a.m.

    Remarks by Senators Coffin and Amodei.

    Motion carried.

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

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

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

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

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

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

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

    Senator Raggio moved the adoption of the resolution.

    Remarks by Senator Raggio.

    Resolution adopted.

    Resolution ordered transmitted to the Assembly.

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Finance:

    Senate Bill No. 509—AN ACT relating to state financial administration; providing for the imposition and administration of state taxes on business entities and financial institutions for the privilege of doing business in this state; imposing a tax on the admission charge to a place where live entertainment is provided; revising the taxes on liquor and cigarettes; imposing a state tax on the transfer of real property; revising the fees charged for certain gaming licenses; establishing the Legislative Committee on Taxation, Public Revenue and Tax Policy; requiring the Department of Education to prescribe a minimum amount of money that each school district must expend each year for textbooks, instructional supplies and instructional hardware; apportioning the State Distributive School Account in the State General Fund for the 2003-2005 biennium; authorizing certain expenditures; making an appropriation; providing penalties; and providing other matters properly relating thereto.

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

    Motion carried.

    Assembly Bill No. 268.

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

    Motion carried.

    Assembly Bill No. 366.

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

    Motion carried.

    Assembly Bill No. 466.

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

    Motion carried.


    Assembly Bill No. 474.

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

    Motion carried.

    Assembly Bill No. 482.

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

    Motion carried.

    Assembly Bill No. 554.

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

    Motion carried.

    Assembly Bill No. 555.

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

    Motion carried.

REPORTS OF COMMITTEES

Madam President:

    Your Committee on Finance, to which was referred Senate Bill No. 509, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio, Chairman

GENERAL FILE AND THIRD READING

    Assembly Bill No. 203.

    Bill read third time.

    Roll call on Assembly Bill No. 203:

    Yeas—20.

    Nays—Cegavske.

    Assembly Bill No. 203 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 460.

    Bill read third time.

    Roll call on Assembly Bill No. 460:

    Yeas—19.

    Nays—Care, O'Connell—2.

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

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 552.

    Bill read third time.


    Roll call on Assembly Bill No. 552:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 552 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Consideration of Assembly Amendments

    Senate Bill No. 210.

    The following Assembly amendment was read:

    Amendment No. 985.

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

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

    Senator Raggio moved that the Senate concur in the Assembly amendment to Senate Bill No. 210.

    Remarks by Senator Raggio.

    Motion carried by a constitutional majority.

    Bill ordered enrolled.

    Senate Bill No. 250.

    The following Assembly amendment was read:

    Amendment No. 987.

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

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

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

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

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

    634.018  “Unprofessional conduct” means:

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

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

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

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

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

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

    7.  Administering, dispensing or prescribing any controlled substance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    (a) The medical records of the patient; and

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

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

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

    (a) That he is of good moral character;

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

        (1) Anatomy;

        (2) Bacteriology;

        (3) Chiropractic theory and practice;

        (4) Diagnosis and chiropractic analysis;

        (5) Elementary chemistry and toxicology;

        (6) Histology;

        (7) Hygiene and sanitation;

        (8) Obstetrics and gynecology;

        (9) Pathology;

        (10) Physiology; and

        (11) Physiotherapy; and

    (c) That he:

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

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

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

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

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

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

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

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

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

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

    5.  If a licensee fails to:

    (a) Pay his renewal fee by January 1;

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

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

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

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

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

    (a) Pay his renewal fee by January 1;

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

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

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

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

    Sec. 80.5.  NRS 634.208 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

    Senator Raggio moved that the Senate concur in the Assembly amendment to Senate Bill No. 250.

    Remarks by Senator Raggio.

    Motion carried by a two-thirds majority.

    Bill ordered enrolled.

    Senate Bill No. 499.

    The following Assembly amendment was read:

    Amendment No. 977.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Senator Raggio moved that the Senate concur in the Assembly amendment to Senate Bill No. 499.

    Remarks by Senator Raggio.

    Motion carried by a constitutional majority.

    Bill ordered enrolled.

Appointment of Conference Committees

    Madam President appointed Senators Rawson, Mathews and Rhoads as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 258.

Reports of Conference Committees

Madam President:

    The first Conference Committee concerning Senate Bill No. 432, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 44, which is attached to and hereby made a part of this report.

    Conference Amendment.

        Amend the bill as a whole by deleting sec. 6.5 and adding:

    Sec. 6.5.  (Deleted by amendment.)”.

    Amend the title of the bill, sixth through eighth lines by deleting: “revising the provision pertaining to the relocation of a gaming establishment;”.

        Terry Care

        Bernie Anderson

        Mark E. Amodei

        Jerry D. Claborn

         

        Jason Geddes

    Senate Conference Committee

    Assembly Conference Committee

    Senator Care moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 432.

    Motion carried by a two-thirds majority.

Madam President:

    The first Conference Committee concerning Assembly Bill No. 23, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 43, which is attached to and hereby made a part of this report.

    Conference Amendment.

    Amend section 1, pages 2 and 3, by deleting lines 6 through 45 on page 2 and lines 1 through 5 on page 3, and inserting: “

                                   [County]             District                                  County         County       County        County          Public

Class    County     [Commissioner]     Attorney           Sheriff            Clerk          Assessor    Recorder    Treasurer Administrator

      1    Clark           [$54,000      $100,800        $84,000     $72,000     $72,000    $72,000    $72,000      $72,000]

                                                         $155,745      $134,263     $91,138     $91,138    $91,138    $91,138       $91,138

      2    Washoe         [39,600           96,000           78,000        66,000        66,000       66,000       66,000        66,000]

                                                           137,485        110,632        83,543        83,543       83,543       83,543          83,543

      3    Carson City [18,000           72,360           60,000        51,360        51,360        --------       51,360          --------]

                                                              98,707           81,846        65,012        65,012        --------       65,012           --------

            Churchill      [18,000           72,360           60,000        51,360        51,360       51,360        --------          --------]

                                                              98,707           81,846        65,012        65,012       65,012        --------           --------

            Douglas        [18,000           72,360           60,000        51,360        51,360       51,360        --------          --------]

                                                              98,707           81,846        65,012        65,012       65,012        --------           --------

            Elko               [18,000           72,360           60,000        51,360        51,360       51,360       51,360          --------]

                                                              98,707           81,846        65,012        65,012       65,012       65,012           --------

            Humboldt                              98,707           81,846        65,012        65,012       65,012       65,012           --------

            Lyon              [18,000           72,360           60,000        51,360        51,360       51,360        --------          --------]

                                                              98,707           81,846        65,012        65,012       65,012        --------           --------

            Nye                [18,000           72,360           60,000        51,360        51,360       51,360       51,360          --------]

                                                              98,707           81,846        65,012        65,012       65,012       65,012           --------

      [4  Humboldt      18,000           68,340           54,000        42,840        42,840       42,840       42,840          --------]

      4    Lander           [18,000           68,340           54,000        42,840        42,840       42,840       42,840          --------]

                                                              93,223           73,662        54,227        54,227       54,227       54,227           --------

            White Pine  [18,000           68,340           54,000        42,840        42,840       42,840       42,840          --------]

                                                              93,223           73,662        54,227        54,227       54,227       54,227           --------

      5    Eureka           [15,240           60,300           43,200        38,400        38,400       38,400        --------          --------]

                                                              82,256           58,929        48,607        48,607       48,607        --------           --------

            Lincoln         [15,240           60,300           43,200        38,400        38,400       38,400       38,400          --------]

                                                              82,256           58,929        48,607        48,607       48,607       48,607           --------

            Mineral         [15,240           60,300           43,200        38,400        38,400       38,400        --------          --------]

                                                              82,256           58,929        48,607        48,607       48,607        --------           --------

            Pershing       [15,240           60,300           43,200        38,400        38,400       38,400        --------          --------]

                                                              82,256           58,929        48,607        48,607       48,607        --------           --------

            Storey                                     82,256           58,929        48,607        48,607       48,607        --------           --------

      6    Esmeralda     [12,000           47,880           38,400        33,600        33,600       33,600        --------          --------]

                                                              65,314           52,382        42,531        42,531       42,531        --------           --------

            [Storey            15,240           47,880           43,200        38,400        38,400       38,400        --------          --------]

    3.  A board of county commissioners may, by a vote of at least a majority of all the members of the board, set the annual salary for the county commissioners of that county, but in no event may the annual salary exceed an amount which equals 126.65 percent of the amount of the annual salary for the county commissioners of that county that was in effect by operation of statute on January 1, 2003.”.

    Amend the title of the bill by deleting the second through sixth lines and inserting: “certain elected county officers; authorizing a board of county commissioners to set the annual salary for a county commissioner of that county within certain limitations; authorizing a county to request and receive a waiver from the increases in compensation of certain elected county officers in the event of insufficient financial”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Increases compensation of certain elected county officers and authorizes board of county commissioners to set salary of county commissioners. (BDR 20‑163)”.

        William J. Raggio

        Peggy Pierce

        Randolph  J. Townsend

        Ellen Koivisto

        Terry Care

        Chad Christensen

    Senate Conference Committee

    Assembly Conference Committee

    Senator Raggio moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 23.

    Remarks by Senator Raggio.

    Motion carried by a constitutional majority.

Madam President:

    The first Conference Committee concerning Assembly Bill No. 163, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 9, which is attached to and hereby made a part of this report.

    Conference Amendment.

        Amend the bill as a whole by deleting sections 1 through 72 and renumbering sections 72.3 through 72.7 as sections 1 through 3.

    Amend the bill as a whole by deleting sections 73 through 79 and renumbering sec. 79.5 as sec. 4.

    Amend the bill as a whole by deleting sections 80 through 82 and renumbering sec. 82.5 as sec. 5.

    Amend the bill as a whole by deleting sections 83 and 84 and renumbering sections 84.3 and 84.7 as sections 6 and 7.

    Amend sec. 84.3, page 61, line 36, by deleting “72.7” and inserting “3”.

    Amend sec. 84.7, page 61, line 42, by deleting “79.5” and inserting “4”.

    Amend the bill as a whole by deleting sec. 85 and the text of the repealed section.

    Amend the title of the bill to read as follows:

    “AN ACT relating to financial practices; providing a penalty for a person who willfully offers into evidence as genuine certain fraudulent records or who willfully destroys or alters certain records under certain circumstances; increasing the penalty for certain securities violations; extending the civil and criminal statutes of limitations for certain securities violations; excluding the performance of certain internal audits pertaining to certain gaming licensees by certain independent accountants; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes various changes to provisions concerning financial practices. (BDR 7‑383)”.

        Mark E. Amodei

        Bernie Anderson

        Terry Care

        Rod Sherer

        Mike McGinness

        William Horne

    Senate Conference Committee

    Assembly Conference Committee

    Senator Amodei moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 163.

    Remarks by Senator Amodei.

    Motion failed.

Madam President:

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

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 17, which is attached to and hereby made a part of this report.

    Conference Amendment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    2.  As used in this section:

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

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

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

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

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

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

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

    2.  As used in this section:

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

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

    (c) “Good or service” means:

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

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

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

        (4) Insurance;

        (5) Any investment or opportunity for investment;

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

        (7) Anything of value.

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

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

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

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

        (2) A volunteer.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Sec. 10.  1.  The Attorney General shall:

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

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

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

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

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

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

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

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

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

    2.  The Attorney General may:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    (a) Must not be published or released; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

        (2) The bankruptcy of the seller of travel;

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

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

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

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

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

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

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

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

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

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

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

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

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

        (2) The bankruptcy of the seller of travel;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    (a) Must not exceed $200,000; and

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

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

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

RECOVERY FUND FOR CONSUMERS

DAMAGED BY SELLERS OF TRAVEL

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


SOUTHERN NEVADA:  1850 East Sahara Avenue

Suite 101

Las Vegas, Nevada 89104

Phone: 702.486.7355

Fax: 702.486.7371

ncad@fyiconsumer.org

NORTHERN NEVADA:  4600 Kietzke Lane

Building B, Suite 113

Reno, Nevada 89502

Phone: 775.688.1800

Fax: 775.688.1803

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

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

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

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

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

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

    Sec. 10.  1.  The Division shall:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    3.  A certificate of registration:

    (a) Is not transferable or assignable; and

    (b) Expires 1 year after it is issued.

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

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

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

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

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

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

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

    Sec. 15.  (Deleted by amendment.)

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

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

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

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

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

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

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

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

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

    Amend the title of the bill to read as follows:

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

    Amend the summary of the bill to read as follows:

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

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

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

        Warren B. Hardy

        David Goldwater

        Ann O'Connell

        Marcus Conklin

        Maggie Carlton

        Josh Griffin

    Senate Conference Committee

    Assembly Conference Committee


    Senator Hardy moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 232.

    Remarks by Senator Hardy.

    Motion carried by a two-thirds majority.

Madam President:

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

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

        Raymond D. Rawson

        Chris Giunchigliani

        Bernice Mathews

        Peggy Pierce

        Bob Coffin

        Pete Goicoechea

    Senate Conference Committee

    Assembly Conference Committee

    Senator Rawson moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 249.

    Remarks by Senator Rawson.

    Motion carried by a constitutional majority.

Madam President:

    The first Conference Committee concerning Assembly Bill No. 250, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 31, which is attached to and hereby made a part of this report.

    Conference Amendment.

    Amend sec. 7, page 8, line 3, by deleting: “destruction or contamination” and inserting: “destruction, contamination or impairment”.

    Amend sec. 26, page 16, line 10, by deleting “instruction” and inserting: “instruction, within 2 years after initial licensure,”.

    Amend sec. 26, page 16, between lines 25 and 26, by inserting: “The Board may thereafter determine whether to establish regulations and standards requiring additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.”.

    Amend sec. 28, page 18, line 23, by deleting “instruction” and inserting: “instruction, within 2 years after initial licensure,”.

    Amend sec. 28, page 18, between lines 38 and 39, by inserting: “The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.”.

    Amend sec. 29, page 19, line 14, by deleting “instruction” and inserting: “instruction, within 2 years after initial licensure,”.

    Amend sec. 29, page 19, between lines 28 and 29, by inserting: “The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.”.

    Amend sec. 30, page 20, line 12, by deleting “instruction” and inserting: “instruction, to be completed within 2 years after initial licensure,”.

    Amend sec. 30, page 20, between lines 27 and 28, by inserting: “The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.”.

    Amend the bill as a whole by deleting sec. 31 and adding a new section designated sec. 31, following sec. 30, to read as follows:

    Sec. 31.  Each person who is:

    1.  Certified as an emergency medical technician pursuant to the provisions of chapter 450B of NRS;

    2.  Licensed as a physician assistant or licensed to practice medicine pursuant to the provisions of chapter 630 of NRS;

    3.  Licensed to practice dentistry or dental hygiene pursuant to the provisions of chapter 631 of NRS; or

    4.  Licensed as a nurse pursuant to the provisions of chapter 632 of NRS,

and who is not within the period of his initial licensure on October 1, 2003, shall complete a course of instruction, before September 30, 2005, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction as set forth in sections 26, 28, 29 and 30, respectively, of this act.”.

    Amend sec. 33, page 22, line 12, by deleting “31”.

    Amend sec. 33, page 22, line 14, by deleting: “26, 28, 29 and 30” and inserting: “26 and 28 to 31, inclusive,”.

    Amend the title of the bill, page 2, by deleting the tenth through twelfth lines and inserting: “terrorism; and providing”.

        Mark E. Amodei

        William Horne

        Terry Care

        Jason Geddes

        Mike McGinness

        Marcus Conklin

    Senate Conference Committee

    Assembly Conference Committee

    Senator Amodei moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 250.

    Remarks by Senator Amodei.

    Motion carried by a constitutional majority.

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

    Motion carried.

    Senate in recess at 12:11 a.m.

SENATE IN SESSION

    At 12:41 a.m.

    President Hunt presiding.

    Quorum present.

REPORTS OF COMMITTEES

Madam President:

    Your Committee on Legislative Affairs and Operations, to which was referred Assembly Concurrent Resolution No. 19, 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 was referred Assembly Bill No. 474, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Dean A. Rhoads, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, June 2, 2003

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 553; Senate Bills Nos. 471, 507.

    Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 3, Amendment No. 955; Senate Bill No. 292, Amendment No. 992; Senate Bill No. 306, Amendments Nos. 746, 1015; Senate Bill No. 355, Amendment No. 787; Senate Bill No. 447, Amendment No. 986, and respectfully requests your honorable body to concur in said amendments.

Diane Keetch

Assistant Chief Clerk of the Assembly

INTRODUCTION, FIRST READING AND REFERENCE

    Assembly Bill No. 553.

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

    Motion carried.

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

    Motion carried.

    Senate in recess at 12:44 a.m.

SENATE IN SESSION

    At 12:50 a.m.

    President Hunt presiding.

    Quorum present.

REPORTS OF COMMITTEES

Madam President:

    Your Committee on Finance, to which were referred Assembly Bills Nos. 482, 553, 555, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio, Chairman

motions, Resolutions and notices

    Senator Raggio moved to take Assembly Bill No. 553 as the next order of business on the General File.

    Motion carried.

GENERAL FILE AND THIRD READING

    Assembly Bill No. 553.

    Bill read third time.

    Roll call on Assembly Bill No. 553:

    Yeas—17.

    Nays—Cegavske, O'Connell, Tiffany—3.

    Absent—Washington.

    Assembly Bill No. 553 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

motions, Resolutions and notices

    Senator Raggio moved to take Assembly Bill No. 555 as the next order of business on the General File.

    Motion carried.

GENERAL FILE AND THIRD READING

    Assembly Bill No. 555.

    Bill read third time.

    Roll call on Assembly Bill No. 555:

    Yeas—19.

    Nays—O'Connell.

    Absent—Washington.

    Assembly Bill No. 555 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

motions, Resolutions and notices

    Senator Raggio moved to take Assembly Bill No. 482 as the next order of business on the General File.

    Motion carried.

GENERAL FILE AND THIRD READING

    Assembly Bill No. 482.

    Bill read third time.

    Roll call on Assembly Bill No. 482:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 482 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 474.

    Bill read third time.

    Roll call on Assembly Bill No. 474:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 474 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Consideration of Assembly Amendments

    Senate Bill No. 3.

    The following Assembly amendment was read:

    Amendment No. 1009.

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

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

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

    Senator Amodei moved that the Senate concur in the Assembly amendment to Senate Bill No. 3.

    Motion carried by a constitutional majority.

    Bill ordered enrolled.

    Senate Bill No. 292.

    The following Assembly amendment was read:

    Amendment No. 992.

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

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

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

    3.  The study must include, without limitation:

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

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

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

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

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

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

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

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

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

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

    Amend the title of the bill to read as follows:

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

    Amend the summary of the bill to read as follows:

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

    Senator Washington moved that the Senate concur in the Assembly amendment to Senate Bill No. 292.

    Remarks by Senator Washington.

    Motion carried by a constitutional majority.

    Bill ordered enrolled.

    Senate Bill No. 400.

    The following Assembly amendment was read:

    Amendment No. 922.

    Amend sec. 6, page 2, by deleting lines 18 through 21 and inserting:

    Sec. 6.  “Telecommunication service” means the offering of telecommunication for a fee directly to the public, or such classes of users as to be effectively available directly to the public, regardless of the facilities used.”.

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

    Sec. 7.5.  1.  Except as otherwise provided in subsection 2, each public utility which provides telecommunication services shall provide timely written notice to a customer of the duration of each call that is billed to the customer, reported in minutes, seconds or any fraction thereof, if the charges for the telecommunication services are calculated, in whole or in part, on the basis of the duration of the call.

    2.  The provisions of this section do not apply to measured rate service that is regulated by the Commission.”.

    Amend sec. 8, page 2, line 27, by deleting “2,” and inserting: “2 and NRS 704.68984,”.

    Amend sec. 8, page 2, by deleting lines 31 through 41 and inserting:

    2.  The provisions of subsection 1 do not limit or modify the authority of the Commission to:”.

    Amend sec. 8, page 2, line 42, by deleting “(1) Considering” and inserting “(a) Consider”.

    Amend sec. 8, page 3, by deleting lines 3 through 5 and inserting:

    (b) Act on a complaint filed pursuant to NRS 703.310, if the complaint relates to a broadband service that is provided by a public utility;”.

    Amend sec. 8, page 3, line 6, by deleting “(3) Including” and inserting “(c) Include”.

    Amend sec. 8, page 3, line 10, by deleting “704.033.” and inserting: “704.033; or

    (d) Determine the rates, terms and conditions of intrastate special access services.”.

    Amend sec. 8, page 3, line 15, by deleting “190” and inserting “200”.

    Amend sec. 12, pages 9 and 10, by deleting lines 43 through 45 on page 9 and lines 1 through 5 on page 10.

    Amend sec. 12, page 10, line 6, by deleting “13.” and inserting “12.”.

    Amend sec. 23, page 15, line 37, by deleting “10-days’ ”and inserting “20‑days’ ”.

    Amend sec. 23, page 16, line 42, by deleting “10-days’ ”and inserting “20‑days’ ”.

    Amend sec. 28, page 18, line 35, after “of” by inserting: “section 8 of this act and”.

    Amend sec. 28, page 18, line 40, by deleting “the” and inserting: “[the] :

    (a) The”.

    Amend sec. 28, page 18, line 44, by deleting “56-161.” and inserting: “56‑161 [.] ; or

    (b) The authority of the Commission to act pursuant to NRS 704.281 and 704.282.”.

    Amend the title of the bill, twelfth line, by deleting “service;” and inserting: “service under certain circumstances; requiring a consumer to be notified of the duration of a call under certain circumstances;”.

    Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 400.

    Remarks by Senator Townsend.

    Motion carried by a constitutional majority.

    Bill ordered enrolled.

Madam President:

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

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 42, which is attached to and hereby made a part of this report.

    Conference Amendment.

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

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

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

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

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

    1.  A meeting or”.

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

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

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

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

    213.130  1.  The Department of Corrections shall:

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

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

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

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

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

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

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

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

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

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

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

    Amend the bill as a whole by adding a new section designated sec. 16.9, following sec. 16.8, to read as follows:

    Sec. 16.9.  NRS 361.300 is hereby amended to read as follows:

    361.300  1.  On or before January 1 of each year, the county assessor shall transmit to the county clerk, post at the front door of the courthouse and publish in a newspaper published in the county a notice to the effect that the secured tax roll is completed and open for inspection by interested persons of the county.

    2.  If the county assessor fails to complete the assessment roll in the manner and at the time specified in this section, the board of county commissioners shall not allow him a salary or other compensation for any day after January 1 during which the roll is not completed, unless excused by the board of county commissioners.

    3.  Except as otherwise provided in subsection 4, each board of county commissioners shall by resolution, before December 1 of any fiscal year in which assessment is made, require the county assessor to prepare a list of all the taxpayers on the secured roll in the county and the total valuation of property on which they severally pay taxes and direct the county assessor:

    (a) To cause such list and valuations to be printed and delivered by the county assessor or mailed by him on or before January 1 of the fiscal year in which assessment is made to each taxpayer in the county; or

    (b) To [cause] make such list and valuations [to be published once] available for public inspection on or before January 1 of the fiscal year in which assessment is made . [in a newspaper of general circulation in the county.

In addition to complying with paragraph (a) or (b),] A copy of the list and valuations [may also be posted] must be:

        (1) Posted in a public area of [the] all public libraries and branch libraries located in the county [,] and in a public area of the county courthouse [and] or the county office building in which the county assessor’s office is located ; [,] and

        (2) Posted on a website or other Internet site that is operated or administered by or on behalf of the county or county assessor [.] , or, if there is no such site, a copy of the list and valuations must be published once in a newspaper of general circulation in the county. Before a copy of the list and valuations is posted on a website or other Internet site pursuant to this subparagraph, the board of county commissioners must cause to be published in a newspaper of general circulation in the county a full-page notice, in at least 10-point bold type or font, setting forth that:

            (I) A copy of the list and valuations is available on a specified website or other Internet site; and

            (II) Upon request of any person, a copy of the list and valuations will be mailed, without charge, to the person.

    4.  A board of county commissioners may, in the resolution required by subsection 3, authorize the county assessor not to deliver or mail the list, as provided in paragraph (a) of subsection 3, to taxpayers whose property is assessed at $1,000 or less and direct the county assessor to mail to each such taxpayer a statement of the amount of his assessment. Failure by a taxpayer to receive such a mailed statement does not invalidate any assessment.

    5.  The several boards of county commissioners in the State may allow the bill contracted with their approval by the county assessor under this section on a claim to be allowed and paid as are other claims against the county.

    6.  Whenever property is appraised or reappraised pursuant to NRS 361.260, the county assessor shall, on or before December 18 of the fiscal year in which the appraisal or reappraisal is made, deliver or mail to each owner of such property a written notice stating its assessed valuation as determined from the appraisal or reappraisal.

    7.  If the secured tax roll is changed pursuant to NRS 361.310, the county assessor shall mail an amended notice of assessed valuation to each affected taxpayer. The notice must include the dates for appealing the new assessed valuation.

    8.  Failure by the taxpayer to receive a notice required by this section does not invalidate the appraisal or reappraisal.”.

    Amend the bill as a whole by adding a new section designated sec. 34.5, following sec. 34, to read as follows:

    Sec. 34.5.  NRS 630.100 is hereby amended to read as follows:

    630.100  1.  The Board shall meet at least twice annually and may meet at other times on the call of the President or a majority of its members.

    2.  Meetings of the Board must be held at a location at which:

    (a) The meetings may be broadcast via the Internet or its successor; and

    (b) Members of the general public may testify via telephone or video conference between Las Vegas and Carson City or Reno.

    3.  A majority of the Board, or of any committee or panel appointed by the Board constitutes a quorum. If there is a quorum, a vote of the majority of the members present is all that is necessary to transact any business before the Board or the committee or panel appointed by the Board.”.

    Amend the title of the bill to read as follows:

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

         

        Peggy Pierce

        Dina Titus

        Ellen Koivisto

        Barbara Cegavske

        Valerie Weber

    Senate Conference Committee

    Assembly Conference Committee

    Senator Cegavske moved that the Senate adopt the report of the second Conference Committee concerning Senate Bill No. 229.

    Motion carried by a constitutional majority.

Madam President:

    The first Conference Committee concerning Senate Bill No. 258, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 45, which is attached to and hereby made a part of this report.

    Conference Amendment.

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

    “Sec. 3.  1.  There is hereby appropriated from the State General Fund to the University of Nevada School of Medicine the sum of $250,000 for its residency program.

    2.  Any balance of the sum appropriated by subsection 1 must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.”.

    Amend sec. 3, page 2, line 30, by deleting “Section 2” and inserting: “Sections 2 and 3”.

    Amend the title of the bill, third line, by deleting “Medicine” and inserting: “Medicine, to the University of Nevada School of Medicine for its residency program”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes appropriations to University of Nevada, Reno, for expenses of Pediatric Diabetes and Endocrinology Center at School of Medicine, to University of Nevada

School of Medicine for its residency program and to Health Division of Department of Human Resources for certain HIV/AIDS services. (BDR S‑1204)”.


        Raymond D. Rawson

        Morse Arberry Jr.

        Bernice Mathews

        Richard Perkins

        Dean A. Rhoads

        Dawn Gibbons

    Senate Conference Committee

    Assembly Conference Committee

    Senator Rawson moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 258.

    Motion carried by a constitutional majority.

MOTIONS, RESOLUTIONS AND NOTICES

    Assembly Concurrent Resolution No. 19.

    Resolution read.

    The following amendment was proposed by the Committee on Legislative Affairs and Operations:

    Amendment No. 1036.

    Amend the resolution, pages 1 and 2, by deleting lines 15 through 21 on page 1 and lines 1 through 38 on page 2.

    Senator Washington moved the adoption of the amendment.

    Amendment adopted.

    Resolution ordered reprinted, re-engrossed and to the Resolution File.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the President and Secretary signed Senate Bills Nos. 3, 34, 59, 137, 144, 147, 184, 210, 216, 231, 243, 250, 292, 301, 319, 336, 359, 370, 372, 400, 420, 436, 460, 471, 497, 499, 504, 506, 507; Senate Concurrent Resolutions Nos. 13, 31, 32, 41; Assembly Bills Nos. 23, 78, 114, 203, 218, 232, 240, 249, 250, 284, 358, 388, 474, 482, 493, 502, 518, 529, 533, 552, 555; Assembly Concurrent Resolution No. 32.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

    On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Dale Raggio, Dorothy Souza, Sharon Shaffer and Speaker Perkins.


MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, June 3, 2003

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 249, Amendment No. 1039, and respectfully requests your honorable body to concur in said amendment.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    Madam President appointed Senators Hardy, Rawson and Care as a committee to wait upon His Excellency, Kenny Guinn, Governor of the State of Nevada, and to inform him that the Senate is ready to adjourn sine die.

    Madam President appointed Senators Cegavske, Nolan and Wiener as a committee to wait upon the Assembly and to inform that honorable body that the Senate is ready to adjourn sine die.

    A committee from the Assembly, consisting of Assemblymen Arberry, Griffin and Anderson appeared before the bar of the Senate and announced that the Assembly is ready to adjourn sine die.

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

    Motion carried.

    Senate in recess at 1:04 a.m.

SENATE IN SESSION

    At 1:21 a.m.

    President Hunt presiding.

    Quorum present.

    Senator Cegavske reported that her committee had informed the Assembly that the Senate is ready to adjourn sine die.

    Senator Hardy reported that his committee had informed the Governor that the Senate is ready to adjourn sine die.

    Senator William J. Raggio moved that the 72nd Session of the Senate of the Legislature of the State of Nevada adjourn sine die.

    Motion carried

    Senate adjourned sine die at 1:22 a.m.

Approved:                                                                  Lorraine T. Hunt

                                                                                   President of the Senate

Attest:    Claire J. Clift

                Secretary of the Senate