THE SEVENTY-SIXTH DAY
Carson City (Saturday), April 17, 1999
Assembly called to order at 9:17 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Reverend Elaine Ludlum Morgan.
Almighty God, the source of all that is good: for the mistakes we have made, we pray that You will forgive us; for those things we have done that are right, we pray that You will uphold us; and for those decisions we have yet to make, we pray that You will direct us. We ask this for the sake of the people of Nevada and for Your Holy Presence in our lives. Amen.
Pledge of allegiance to the Flag.
Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 431, 477, 486, 492, 633, 673, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Barbara E. Buckley, Chairman
Mr. Speaker:
Your Committee on Education, to which was referred Assembly Bill No. 13, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended, and re-refer to the Committee on Ways and Means.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 577, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernard Anderson, Chairman
Mr. Speaker:
Your Committee on Transportation, to which were referred Assembly Bills Nos. 453, 553, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne S. Chowning, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 16, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 179, 192, 267, 407, 408, 433, 455, 475, 481, 501, 521; Senate Joint
Resolution No. 8.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Joint Resolution No. 8.
Assemblyman Perkins moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
Assemblywoman Chowning moved that Assembly Bill No. 628 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Motion carried.
Notice of Exemption
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, determined the exemption for Assembly Bill No. 373.
Assemblyman Perkins moved that the reading of the history on Senate Bills upon Introduction be dispensed with for this legislative day.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 179.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 192.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 267.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 407.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 408.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 433.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 455.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 475.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 481.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 501.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 521.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 651 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Anderson.
Motion carried.
In compliance with a notice given on a previous day, Assemblyman Beers moved that the vote whereby Assembly Bill No. 478 was refused passage be reconsidered.
Remarks by Assemblyman Beers.
Motion lost.
Assemblyman Bache moved that Assembly Bill No. 160 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Bache.
Motion carried.
Assemblyman de Braga moved that Assembly Bill No. 380 be taken from the Chief Clerk's desk and placed at the top of the General File.
Remarks by Assemblyman de Braga.
Motion carried.
Assemblywoman Giunchigliani moved that Assembly Bill No. 373 be taken from the Chief Clerk's desk and re-referred to the Committee on Ways and Means.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 470, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Barbara E. Buckley, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that the vote whereby Senate Bill No. 192 was referred to the Committee on Judiciary be rescinded.
Motion carried.
Assemblyman Perkins moved that Senate Bill No. 192 be referred to the Committee on Commerce and Labor.
Motion carried.
Assemblyman Perkins moved that Assembly Bills Nos. 13, 431, 453, 470, 477, 486, 492, 553, 577, 633 and 673 be placed on the Second Reading File.
Assemblyman Hettrick moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 9:32 a.m.
ASSEMBLY IN SESSION
At 10:10 a.m.
Mr. Speaker presiding.
Quorum present.
general file and third reading
Assembly Bill No. 380.
Bill read third time.
The following amendment was proposed by Assemblyman de Braga:
Amendment No. 638.
Amend sec. 2, page 2, by deleting lines 23 through 28 and inserting:
“4. For the purposes of this section, a surface water right acquired by a water user in a federal reclamation project may be considered appurtenant to an entire farm, instead of specifically identifiable land within that farm, upon the granting of a permit for the change of place of use by the state engineer which designates the place of use as the entire farm. The quantity of water available for use on that farm cannot exceed the total amount as designated in the permit granted by the state engineer.
5. As used in this section, “farm” means a tract of land under the same ownership that is primarily used for raising crops or livestock.”.
Amend sec. 3, page 3, line 27, after “3.” by inserting:
“Notwithstanding any specific statute to the contrary, a surface water right is not subject to a determination of abandonment if the surface water right:
(a) Is appurtenant to land which has been converted from agricultural use to urban use; or
(b) Has been dedicated to or acquired by a water purveyor, public utility or public body.
4.”.
Amend sec. 3, page 3, line 34, by deleting
“4.” and inserting “[4.] 5.”.
Amend the bill as a whole by renumbering sec. 4 as sec. 5 and adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. The amendatory provisions of section 3 of this act do not apply to water rights that are under challenge in any legal or administrative proceeding on or before April 1, 1999.”.
Amend the title of the bill, third line, by deleting:
“has been beneficially used;” and inserting:
“right has been abandoned; declaring the certain water rights are not subject to a determination of abandonment;”.
Assemblyman de Braga moved the adoption of the amendment.
Remarks by Assemblyman de Braga.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 14.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 14:
Yeas—42.
Nays—None.
Assembly Bill No. 14 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 15.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 15:
Yeas—42.
Nays—None.
Assembly Bill No. 15 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 37.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 37:
Yeas—42.
Nays—None.
Assembly Bill No. 37 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 43.
Bill read third time.
Remarks by Assemblywomen Segerblom and Giunchigliani.
Potential conflict of interest declared by Assemblymen Bache, Anderson and Giunchigliani.
Roll call on Assembly Bill No. 43:
Yeas—30.
Nays—Angle, Beers, Brower, Cegavske, Gustavson, Hettrick, Humke, Marvel, Nolan, Parnell, Tiffany, Von Tobel—12.
Assembly Bill No. 43 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 47.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 47:
Yeas—41.
Nays—Gustavson.
Assembly Bill No. 47 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 62.
Bill read third time.
Remarks by Assemblymen Giunchigliani, Tiffany and Humke.
Roll call on Assembly Bill No. 62:
Yeas—36.
Nays—Angle, Buckley, Dini, Goldwater, Lee, Von Tobel—6.
Assembly Bill No. 62 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 142.
Bill read third time.
Remarks by Assemblywoman Von Tobel.
Roll call on Assembly Bill No. 142:
Yeas—40.
Nays—Koivisto, McClain—2.
Assembly Bill No. 142 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 193.
Bill read third time.
Remarks by Assemblywoman Segerblom.
Roll call on Assembly Bill No. 193:
Yeas—42.
Nays—None.
Assembly Bill No. 193 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 214.
Bill read third time.
Remarks by Assemblyman Williams.
Roll call on Assembly Bill No. 214:
Yeas—41.
Nays—Gustavson.
Assembly Bill No. 214 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 236.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Assembly Bill No. 236:
Yeas—42.
Nays—None.
Assembly Bill No. 236 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 249.
Bill read third time.
Remarks by Assemblywoman Leslie.
Roll call on Assembly Bill No. 249:
Yeas—42.
Nays—None.
Assembly Bill No. 249 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 259.
Bill read third time.
Remarks by Assemblyman Lee.
Potential conflict of interest declared by Assemblymen Lee and Collins.
Roll call on Assembly Bill No. 259:
Yeas—41.
Nays—Collins.
Assembly Bill No. 259 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 272.
Bill read third time.
Remarks by Assemblymen Gustavson, Perkins and Collins.
Roll call on Assembly Bill No. 272:
Yeas—36.
Nays—Anderson, Arberry, Dini, Goldwater, Neighbors, Perkins—6.
Assembly Bill No. 272 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 280.
Bill read third time.
Remarks by Assemblymen Buckley and Von Tobel.
Assemblywoman Buckley moved that Assembly Bill No. 280 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Buckley.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Senate Bill No. 149 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.
general file and third reading
Assembly Bill No. 298.
Bill read third time.
Remarks by Assemblymen Bache and Collins.
Potential conflict of interest declared by Assemblymen Collins and Lee.
Roll call on Assembly Bill No. 298:
Yeas—42.
Nays—None.
Assembly Bill No. 298 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 304.
Bill read third time.
Remarks by Assemblymen Anderson and Perkins.
Potential conflict of interest declared by Assemblyman Perkins.
Roll call on Assembly Bill No. 304:
Yeas—42.
Nays—None.
Assembly Bill No. 304 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 306.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 306:
Yeas—42.
Nays—None.
Assembly Bill No. 306 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 313.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 313:
Yeas—36.
Nays—Angle, Carpenter, Evans, Gustavson, Marvel, Parnell—6.
Assembly Bill No. 313 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 326.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Assembly Bill No. 326:
Yeas—29.
Nays—Angle, Beers, Berman, Brower, Carpenter, Cegavske, Gibbons, Gustavson, Hettrick, Humke, Marvel, Nolan, Von Tobel—13.
Assembly Bill No. 326 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 424.
Bill read third time.
Remarks by Assemblymen Freeman and Anderson.
Roll call on Assembly Bill No. 424:
Yeas—40.
Nays—Anderson, Marvel—2.
Assembly Bill No. 424 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 465.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 465:
Yeas—41.
Nays—None.
Excused—Arberry.
Assembly Bill No. 465 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 471.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Assembly Bill No. 471:
Yeas—42.
Nays—None.
Assembly Bill No. 471 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 484.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 484:
Yeas—42.
Nays—None.
Assembly Bill No. 484 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 490.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Assembly Bill No. 490:
Yeas—42.
Nays—None.
Assembly Bill No. 490 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 493.
Bill read third time.
Remarks by Assemblymen Bache, Carpenter and Giunchigliani.
Roll call on Assembly Bill No. 493:
Yeas—42.
Nays—None.
Assembly Bill No. 493 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 506.
Bill read third time.
Remarks by Assemblymen Marvel and de Braga.
Potential conflict of interest declared by Assemblyman de Braga.
Roll call on Assembly Bill No. 506:
Yeas—42.
Nays—None.
Assembly Bill No. 506 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 509.
Bill read third time.
Remarks by Assemblymen Carpenter, Bache, Hettrick and Collins.
Roll call on Assembly Bill No. 509:
Yeas—34.
Nays—Bache, Evans, Giunchigliani, Humke, Leslie, Parnell—6.
Not Voting—Angle, Gibbons—2.
Assembly Bill No. 509 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bill No. 515 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Buckley.
Motion carried.
general file and third reading
Assembly Bill No. 533.
Bill read third time.
Remarks by Assemblywoman Berman.
Roll call on Assembly Bill No. 533:
Yeas—42.
Nays—None.
Assembly Bill No. 533 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 542.
Bill read third time.
Remarks by Assemblymen Carpenter, Goldwater, Gustavson, Buckley, Neighbors, Anderson, Bache and Giunchigliani.
Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.
Assemblyman Anderson moved that Assembly Bill No. 542 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Anderson.
Motion carried.
Assembly Bill No. 563.
Bill read third time.
Remarks by Assemblyman Thomas.
Roll call on Assembly Bill No. 563:
Yeas—32.
Nays—Angle, Berman, Cegavske, Gibbons, Gustavson, Hettrick, Humke, Marvel, Tiffany, Von Tobel—10.
Assembly Bill No. 563 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 566.
Bill read third time.
Remarks by Assemblyman Thomas.
Roll call on Assembly Bill No. 566:
Yeas—31.
Nays—Angle, Beers, Berman, Cegavske, Gustavson, Hettrick, Humke, Marvel, Nolan, Tiffany, Von Tobel—11.
Assembly Bill No. 566 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 569.
Bill read third time.
Remarks by Assemblyman Williams.
Roll call on Assembly Bill No. 569:
Yeas—42.
Nays—None.
Assembly Bill No. 569 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 573.
Bill read third time.
Remarks by Assemblywoman Gibbons.
Roll call on Assembly Bill No. 573:
Yeas—42.
Nays—None.
Assembly Bill No. 573 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 590.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 590:
Yeas—42.
Nays—None.
Assembly Bill No. 590 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 604.
Bill read third time.
Remarks by Assemblyman Neighbors.
Roll call on Assembly Bill No. 604:
Yeas—42.
Nays—None.
Assembly Bill No. 604 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 616.
Bill read third time.
Remarks by Assemblyman Beers.
Roll call on Assembly Bill No. 616:
Yeas—42.
Nays—None.
Assembly Bill No. 616 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 627.
Bill read third time.
Remarks by Assemblywoman McClain.
Roll call on Assembly Bill No. 627:
Yeas—40.
Nays—Evans.
Excused—Williams.
Assembly Bill No. 627 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 632.
Bill read third time.
Remarks by Assemblyman Nolan.
Roll call on Assembly Bill No. 632:
Yeas—41.
Nays—None.
Excused—Williams.
Assembly Bill No. 632 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bill No. 280 be taken from the Chief Clerk’s desk and placed at the bottom of the General File.
Remarks by Assemblywoman Buckley.
Motion carried.
general file and third reading
Assembly Bill No. 635.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Assembly Bill No. 635:
Yeas—41.
Nays—None.
Excused—Williams.
Assembly Bill No. 635 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 667.
Bill read third time.
Remarks by Assemblymen Goldwater and Ohrenschall.
Conflict of interest declared by Assemblywoman Ohrenschall.
Roll call on Assembly Bill No. 667:
Yeas—40.
Nays—None.
Not Voting—Ohrenschall.
Excused—Williams.
Assembly Bill No. 667 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 668.
Bill read third time.
Remarks by Assemblymen Goldwater, Buckley, Segerblom and Giunchigliani.
Assemblyman Goldwater moved that Assembly Bill No. 668 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Assembly Joint Resolution No. 7.
Resolution read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Joint Resolution No. 7:
Yeas—30.
Nays—Angle, Beers, Berman, Brower, Carpenter, Dini, Evans, Gibbons, Gustavson, Hettrick, Marvel—11.
Excused—Williams.
Assembly Joint Resolution No. 7 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Resolution ordered transmitted to the Senate.
Assembly Bill No. 651.
Bill read third time.
Remarks by Assemblymen Manendo and Von Tobel.
Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.
Conflicts of interest declared by Assemblymen Von Tobel and Dini.
Roll call on Assembly Bill No. 651:
Yeas—35.
Nays—None.
Not Voting—Dini, Evans, Freeman, Gibbons, Mortenson, Von Tobel—6.
Excused—Williams.
Assembly Bill No. 651 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 280.
Bill read third time.
Remarks by Assemblymen Buckley and Von Tobel.
Roll call on Assembly Bill No. 280:
Yeas—41.
Nays—None.
Excused—Williams.
Assembly Bill No. 280 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 634, has had the same under consideration, and begs leave to report the same back with the
recommendation: Amend, and do pass as amended.
Barbara E. Buckley, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Assembly Bill No. 634 be placed on the Second Reading File.
Motion carried.
Assemblyman Bache moved that Assembly Bill No. 160 be taken from the Chief Clerk’s desk and placed on the General File for the next legislative day.
Motion carried.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 12:33 p.m.
ASSEMBLY IN SESSION
At 12:55 p.m.
Mr. Speaker presiding.
Quorum present.
SECOND READING AND AMENDMENT
Assembly Bill No. 628.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 672.
Amend section 1, page 1, line 9, by deleting “or”.
Amend section 1, page 1, by deleting line 13 inserting:
“schedules; or
(c) Transportation of elderly or physically or mentally handicapped persons without regard to regular routes or fixed schedules.”.
Amend section 1, page 2, by deleting lines 6 through 8 and inserting:
“4. [An incorporated city, county or] A regional transportation commission , a county whose population is less than 100,000 or an incorporated city within such a countyis not required to obtain a certificate of public convenience and necessity to operate a system of public transportation[.] by itself or through an independent contractor.”.
Amend the bill as a whole by renumbering sections 2 through 5 as sections 3 through 6 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 277.180 is hereby amended to read as follows:
277.180 1. Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform. Such a contract [shall] must be ratified by appropriate official action of the governing body of each party to the contract as a condition precedent to its entry into force. Such a contract [shall] must set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties.
2. The authorized purposes of agreements made pursuant to subsection 1 include , but are not limited to:
(a) The joint use of hospitals, road construction and repair equipment, and such other facilities or services as may and can be reasonably used for the promotion and protection of the health and welfare of the inhabitants of this state.
(b) The joint use of county and city personnel, equipment and facilities, including sewer systems, drainage systems, street lighting systems, fire alarm systems, sewage disposal plants, playgrounds, parks and recreational facilities, and public buildings constructed by or under the supervision of the board of county commissioners or the city council of the county and city concerned, upon such terms and agreements, and within such areas within the county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the counties and cities.
(c) The joint employment of clerks, stenographers and other employees in the offices of the city and county auditor, city and county assessor, city and county treasurer, or any other joint city and county office existing or hereafter established in the several counties, upon such terms and conditions as may be determined for the equitable apportionment of the expenses of the joint city and county office.
(d) The joint and cooperative use of fire-fighting and fire-protection equipment for the protection of property and the prevention and suppression of fire.
(e) The joint use of county and city personnel, equipment and facilities, upon such terms and conditions, and within such areas within the county as may be determined, for the promotion and protection of the health of the inhabitants of the county and city through the regulation, control and prohibition of the excessive emission of dense smoke and air pollution.
(f) The joint and cooperative use of law enforcement agencies.
(g) The joint use or operation of a system of public transportation.
3. Each public agency which has entered into an agreement pursuant to this section shall annually at the time of preparing its budget include an estimate of the expenses necessary to carry out such agreement, the funds for which are not made available through grant, gift or other source, and provide for such expense as other items are provided in its budget. Each such public agency may furnish property, personnel or services as necessary to carry out the agreement.”.
Amend sec. 2, page 2, line 10, after “commission” by inserting:
“, a county whose population is less than 100,000 or an incorporated city within such a county”.
Amend sec. 2, page 2, line 12, by deleting “or”.
Amend sec. 2, page 2, by deleting line 16 and inserting:
“schedules; or
(c) Other routes to serve the public.”.
Amend sec. 3, page 3, line 38, by deleting “and” and inserting “[and]”.
Amend sec. 3, page 3, line 40, by deleting “passengers.” and inserting:
“passengers [.] ; and
5. Transportation that is available without regard to regular routes or fixed schedules, if the public transit system is operated by a regional transportation commission, a county whose population is less than 100,000 or an incorporated city within such a county.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public transit; exempting a common motor carrier that operates a public transit system which provides certain transportation services from the requirement of obtaining a certificate of public convenience and necessity under certain circumstances; providing that a regional transportation commission, certain less populous counties and incorporated cities within such counties are not required to obtain such a certificate to operate a system of public transportation under certain circumstances; expanding the authorized purposes of interlocal contracts to include the joint use or operation of a system of public transportation; authorizing a regional transportation commission, certain less populous counties and incorporated cities within such counties to establish or operate a public transit system that provides certain services to serve certain specified persons and the public; and providing other matters properly relating thereto.”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 13.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 627.
Amend section 1, page 1, line 2, by deleting “10” and inserting “9,”.
Amend sec. 2, page 1, line 3, by deleting “10,” and inserting “9,”.
Amend sec. 4, page 1, by deleting lines 9 through 11 and inserting:
“Sec. 4. “Program” means the program for the financial support of intersession school and summer school.”.
Amend sec. 6, page 2, by deleting lines 5 and 6 and inserting:
“Sec. 6. 1. The program for the financial support of intersession school and summer school is hereby established”.
Amend sec. 6, page 2, by deleting lines 9 through 20 and inserting:
“2. The department shall:
(a) Prescribe the form for the application for submission by school districts to participate in the program;
(b) Establish criteria for the eligibility of school districts to participate in the program;
(c) Prescribe the annual deadline for submission of an application to the department by a school district that desires to participate in the program; and
(d) Provide for the reversion of any unused portion of an annual allocation.”.
Amend sec. 7, page 2, by deleting lines 21 through 39 and inserting:
“Sec. 7. Annually, the board of trustees of a school district may submit to the department an application, on a form provided by the department, to participate in the program. The application must contain the following information regarding the proposed operation of intersession school or summer school by the board of trustees:
1. Whether the board of trustees proposes to operate intersession school or summer school, or both;
2. The courses of instruction that will be offered;
3. The projected enrollment of pupils in intersession school or summer school, as applicable, for the year, including the categories of pupils who are expected to participate;
4. The method by which the success of intersession school or summer school, as applicable, will be evaluated;
5. The financial requirements of the school district to operate intersession school or summer school, as applicable; and
6. Such other information as the department requires.”.
Amend sec. 8, pages 2 and 3, by deleting lines 40 through 42 on page 2 and lines 1 through 12 on page 3, and inserting:
“Sec. 8. 1. If an application is submitted by the deadline prescribed by the department, the department shall review the application. If the application meets the criteria for eligibility adopted by the department, the department shall approve the application.
2. The superintendent of public instruction shall, within the limits of money available for the program by legislative appropriation or otherwise, establish annually a basic allocation of $3,000 to each school district whose application to participate in the program is approved.
3. Except as otherwise provided in subsection 4, the superintendent of public instruction shall distribute any money remaining after the basic allocations are made to school districts whose applications are approved. The superintendent shall distribute to each school district a percentage of the available money which is equal to the number obtained by dividing the total count of pupils enrolled in summer school or intersession school in the school district by the total count of pupils enrolled in summer school or intersession school in every school district in this state which is participating in the program.
4. The department may expend not more than 2 percent per year of the money appropriated for the program to pay the costs incurred in administering the program.”.
Amend sec. 9, pages 3 and 4, by deleting lines 13 through 43 on page 3 and lines 1 through 7 on page 4, and inserting:
“Sec. 9. 1. If a school district participates in the program, it must provide intersession school or summer school, as applicable, for pupils:
(a) Who attend schools that have been designated as demonstrating inadequate achievement pursuant to NRS 385.367;
(b) Who attend schools that receive pupils who were previously enrolled in schools that have been designated as demonstrating inadequate achievement pursuant to NRS 387.367;
(c) Whose primary language is not English and whose proficiency in the English language is below the average proficiency of pupils at the same grade level;
(d) Who lack sufficient course work or academic credit to advance to the next grade or to graduate from school;
(e) Who are from families of low income, as determined by the school district using the same criteria for eligibility that the school district uses to determine eligibility for assistance to pupils from families of low income pursuant to Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq.;
(f) Who fail to demonstrate at least adequate achievement on the examinations administered pursuant to NRS 389.015; and
(g) Who desire to obtain additional academic credit or complete additional course work.
2. A school district that participates in the program is not required to furnish transportation for pupils who attend intersession school or summer school.”.
Amend the bill as a whole by deleting sec. 10 and renumbering sec. 11 as sec. 10.
Amend sec. 11, page 4, by deleting lines 33 and 34 and inserting:
“to the department of education for the program established pursuant to section 6 of this act for the financial support of”.
Amend the bill as a whole by deleting sec. 12 and renumbering sec. 13 as sec. 11.
Amend the title of the bill to read as follows:
“AN ACT relating to education; establishing a program for the financial support of intersession school and summer school; authorizing school districts to submit applications for participation in the program; making an appropriation; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Establishes program for financial support of intersession school and summer school. (BDR 34‑321)”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Assemblywoman Giunchigliani moved that upon return from the printer Assembly Bill No. 13 be placed on the Chief Clerk’s.
Bill ordered reprinted, engrossed and to the Chief Clerk’s desk.
Assembly Bill No. 431.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 679.
Amend sec. 12, page 6, line 3, after “of the” by inserting:
“location where the loan is made, the name of the”.
Amend sec. 12, page 6, by deleting line 13 and inserting:
“signature, in at least 14-point bold type that states: “You may be held liable in a civil action for collection of this deferred deposit. You cannot be”.
Amend sec. 13, page 6, by deleting lines 19 and 20 and inserting:
“1. Informing borrowers that a borrower may be held liable in a civil action to collect a loan made in the form of a deferred deposit, but that criminal prosecution cannot be used to collect such a loan; and”.
Amend sec. 14, page 6, by deleting lines 28 through 43 and inserting:
“Sec. 14. If a check is not paid upon presentment because of insufficient funds, the registrant may collect a fee of not more than $25. Only one such fee may be charged, regardless of the number of times the check is presented for payment.”.
Amend the bill as a whole by adding a new section designated sec. 14.5, following sec. 14, to read as follows:
“Sec. 14.5. 1. If a borrower defaults on a loan made in the form of a deferred deposit, the registrant shall, upon default, offer to enter into an agreement with the borrower for repayment of the amount due. The agreement must provide for the repayment of the amount due within 60 days after the default, without any further charges or interest.
2. If the borrower refuses to enter into such an agreement or defaults on such an agreement, the registrant may convert the debt to a loan for an indefinite term. The amount of the loan for an indefinite term must not exceed the amount previously due, including accrued charges and interest. Interest may be charged on the loan for an indefinite term at a rate equal to or less than the prime rate at the largest bank in the State of Nevada, as ascertained by the commissioner on January 1 or July 1, as the case may be, immediately preceding the date of default, plus 10 percent.”.
Amend sec. 15, page 7, line 6, by deleting “one-fourth” and inserting “one-third”.
Amend sec. 15, page 7, by deleting lines 12 through 15 and inserting:
“same borrower at one time or make such a loan to a borrower who has two or more”.
Amend sec. 15, page 7, by deleting lines 17 through 21 and inserting:
“5. Establish or extend the period for the repayment, renewal, refinancing or consolidation of an outstanding loan made in the form of a deferred deposit to the same borrower beyond 6 weeks after the expiration of the initial loan period.”.
Amend the bill as a whole by renumbering sections 16 through 20 as sections 17 through 21 and adding a new section designated sec. 16, following sec. 15, to read as follows:
“Sec. 16. NRS 604.090 is hereby amended to read as follows:
604.090 1. Except as otherwise provided in subsection 2, it is unlawful to operate a check-cashing or deferred deposit service without being registered with the commissioner.
2. The provisions of this chapter do not apply to:
(a) A person doing business pursuant to the authority of any law of this state or of the United States relating to banks, savings banks, trust companies, savings and loan associations, credit unions, development corporations, mortgage companies, thrift companies, pawnbrokers or insurance companies.
(b) [A person licensed to make installment loans pursuant to chapter 675 of NRS.
(c)] A person who is primarily engaged in the retail sale of goods or services who:
(1) As an incident to or independently of a retail sale or service from time to time cashes checks for a fee or other consideration of not more than $2; and
(2) Does not hold himself out as a check-cashing service.
[(d)] (c) A person while performing any act authorized by a license issued pursuant to chapter 671 of NRS.
[(e)] (d) A person who holds a nonrestricted gaming license issued pursuant to chapter 463 of NRS while performing any act in the course of that licensed operation.
[(f)] (e) A person who is exclusively engaged in a check-cashing service relating to out-of-state checks.
[(g)] (f) A corporation organized pursuant to the laws of this state that has been continuously and exclusively engaged in a check-cashing service in this state since July 1, 1973.”.
Amend the bill as a whole by adding new sections designated sections 22 through 24, following sec. 20, to read as follows:
“Sec. 22. Chapter 675 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A licensee shall not make a loan in the form of a deferred deposit unless the licensee is registered pursuant to chapter 604 of NRS.
2. As used in this section, “deferred deposit” has the meaning ascribed to it in NRS 604.060.
Sec. 23. NRS 675.470 is hereby amended to read as follows:
675.470 Any person and the several members, officers, directors, agents and employees thereof who violate or participate in the violation of any provision of NRS 675.060 or section 22 of this act are guilty of a misdemeanor.
Sec. 24. The amendatory provisions of section 23 of this act do not apply to offenses that were committed before October 1, 1999.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the protection of certain persons in commercial transactions; providing additional deceptive trade practices; revising the provisions regarding loans in the form of deferred deposits; extending the exemption of workers’ compensation benefits from creditors; providing a penalty; and providing other matters properly relating thereto.”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 453.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 540.
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 14, following the enacting clause, to read as follows:
“Section 1. NRS 482.215 is hereby amended to read as follows:
482.215 1. All applications for registration, except applications for renewal of registration, must be made as provided in this section.
2. Applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department or to a registered dealer.
3. Each application must be made upon the appropriate form furnished by the department and contain:
(a) The signature of the owner.
(b) His residential address.
(c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.
(d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether the vehicle is new or used and the last license number, if known, and the state in which it was issued, and [upon] for the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.
(e) Proof satisfactory to the department or registered dealer that the applicant has provided the insurance required by NRS 485.185 and his signed declaration that he will maintain the insurance during the period of registration.
(f) If the insurance is provided by a contract of insurance, evidence of that insurance provided by the insurer in the form of:
(1) A certificate of insurance on a form approved by the commissioner of insurance; or
(2) A [card] form issued pursuant to NRS 690B.023 which identifies the vehicle and indicates, at the time of application for registration, coverage which [meets] complies with the requirements of NRS 485.185.
The department may file that evidence, return it to the applicant or otherwise dispose of it.
(g) If required, evidence of the applicant’s compliance with controls over emission.
4. The application must contain such other information as is required by the department or registered dealer, and must be accompanied by proof of ownership satisfactory to the department.
5. For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:
(a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance [covering] for that fleet.
(b) Other fleets composed of 10 or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance [covering] for that fleet.
(c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his certificate of self-insurance.
[(d) A person who qualifies for an operator’s policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.]
Sec. 2. Chapter 485 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An operator’s policy of liability insurance must state, in addition to the requirements of NRS 485.3091, that:
(a) The insurer is only liable under the policy for liability incurred by the insured while the named insured is the operator of a motor vehicle or while a motor vehicle owned by the insured is not being operated by any person;
(b) The policy does not provide coverage for any vicarious liability imposed on the owner of the motor vehicle as a result of the operation by another person of a motor vehicle owned by the insured or for any liability imposed by NRS 41.440 or 483.300; and
(c) The coverage provided by the policy may not meet the requirements of the financial responsibility laws of other states,
unless such extended coverage is expressly included in the policy. No operator’s policy of liability insurance may be delivered or issued for delivery in this state unless the insured has signed an endorsement stating that he has read and understood the policy and its limitations.
2. An operator’s policy of liability insurance must not provide coverage for damages incurred while a person other than the named insured is operating a motor vehicle.
3. An operator’s policy of liability insurance must provide coverage for liability incurred by the insured while a motor vehicle owned by the insured is not being operated by any person.
Sec. 3. NRS 485.0335 is hereby amended to read as follows:
485.0335 “Dormant vehicle” means a motor vehicle:
1. For which [a] an owner’s policy of liability insurance is required pursuant to this chapter; and
2. That will not be operated for an extended period because of mechanical or seasonal circumstances.
Sec. 4. NRS 485.034 is hereby amended to read as follows:
485.034 “Evidence of insurance” means:
1. The form provided by an insurer pursuant to NRS 690B.023 as evidence of [a contract of insurance for a motor vehicle liability policy;] an owner’s policy of liability insurance; or
2. The certificate of self-insurance issued to a self-insurer by the [department] division pursuant to NRS 485.380.
Sec. 5. NRS 485.186 is hereby amended to read as follows:
485.186 [1. Except as otherwise provided in subsection 6, any natural] A person may not satisfy the requirements of NRS 485.185 by obtaining, in lieu of an owner’s policy of liability insurance, an operator’s policy of liability insurance. [which meets the requirements of this section and NRS 485.3091.
2. An operator’s policy of liability insurance must state, in addition to the requirements of NRS 485.3091, that:
(a) The insurer is only liable under the policy for liability incurred by the insured while the named insured is the operator of a motor vehicle or while a motor vehicle owned by the insured is not being operated by any person;
(b) The policy does not provide coverage for any vicarious liability imposed on the owner of the motor vehicle as a result of the operation by another person of a motor vehicle owned by the insured or for any liability imposed by NRS 41.440 or 483.300; and
(c) The coverage provided by the policy may not meet the requirements of the financial responsibility laws of other states,
unless such extended coverage is expressly included in the policy. No operator’s policy of liability insurance may be delivered or issued for delivery in this state unless the insured has signed an endorsement stating that he has read and understood the policy and its limitations.
3. An owner of a motor vehicle which is registered or required to be registered in this state and who holds an operator’s policy of liability insurance shall not permit another person to operate his motor vehicle if the owner knows or should have known that the person does not have liability insurance to cover his own operation of that motor vehicle.
4. An operator’s policy of liability insurance must not provide coverage for damages incurred while a person other than the named insured is operating a motor vehicle.
5. An operator’s policy of liability insurance must provide coverage for liability incurred by the insured while a motor vehicle owned by the insured is not being operated by any person.
6. This section does not apply to a lessor, dealer, manufacturer, rebuilder or distributor of a motor vehicle, an owner of a fleet, a common, contract or private motor carrier or any other employer who owns a motor vehicle for use in his business.]
Sec. 6. NRS 485.187 is hereby amended to read as follows:
485.187 1. Except as otherwise provided in subsection 5, the owner of a motor vehicle shall not:
(a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having insurance as required by NRS 485.185.
(b) Operate or knowingly permit the operation of the motor vehicle without having evidence of insurance of the operator or the vehicle in the vehicle.
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department the evidence of insurance.
[(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.]
2. A person shall not operate the motor vehicle of another person unless:
(a) He first ensures that the required evidence of insurance is present in the motor vehicle; or
(b) He has his own evidence of insurance which [covers] provides coverage for him as the operator of the motor vehicle.
3. Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 shall be punished by a fine of not less than $600 [nor] and not more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the person obtains [a motor vehicle liability] an owner’s policy of liability insurance not later than 30 days after the fine is imposed, unless:
(a) The person has registered the vehicle as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215; or
(b) The person has been issued a certificate of self-insurance pursuant to NRS 485.380.
4. A court:
(a) Shall not fine a person for a violation of [paragraph (a), (b) or (c) of] subsection 1 or [for a violation of subsection] 2 if he presents evidence to the court that the insurance required by NRS 485.185 was in effect at the time demand was made for it.
(b) Except as otherwise provided in paragraph (a), may impose a fine of $1,000 for a violation of [paragraph (a), (b) or (c) of] subsection 1, and suspend the fine on the condition that the person presents proof to the court each month for 12 months that the insurance required by NRS 485.185 is [currently] in effect.
5. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a [valid] permit issued by the department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS 482.396, 482.3965, 482.423 or 482.424 authorizing the movement or operation of that vehicle within [the] this state for a limited time.
Sec. 7. NRS 485.190 is hereby amended to read as follows:
485.190 1. If 20 days after the receipt of a report of an accident involving a motor vehicle within this state which has resulted in bodily injury or death, or damage to the property of any one person in excess of $750, the division does not have on file evidence satisfactory to [it] the division that the person who would otherwise be required to file security under subsection 2 of this section has been released from liability, has been finally adjudicated not to be liable or has executed an acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the division shall upon request set the matter for a hearing as provided in NRS 485.191.
2. The division shall, at any time after a determination adverse to an operator or owner pursuant to NRS 485.191, suspend the license of each operator and all registrations of each owner of a motor vehicle involved in such an accident, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this state, and, if the owner is a nonresident, the privilege of the use within this state of any motor vehicle owned by him, unless the operator or owner, or both, deposit security in the sum so determined by the division. Notice of such a suspension must be sent by the division to the operator and owner not less than 10 days before the effective date of the suspension and must state the amount required as security. [Where] If erroneous information is given to the division with respect to the matters set forth in [paragraph (a), (b) or (c) of] subsection 1 , 2 or 3 of NRS 485.200, the division shall take appropriate action as provided in this section after it receives correct information with respect to those matters.
Sec. 8. NRS 485.200 is hereby amended to read as follows:
[(a)] 1. To the operator or owner if he had in effect at the time of the accident a motor vehicle liability policy with respect to the motor vehicle involved in the accident;
[(b)] 2. To the operator if there was in effect at the time of the accident a motor vehicle liability policy with respect to his operation of any motor vehicle;
[(c)] 3. To the operator or owner if his liability for damages resulting from the accident is, in the judgment of the division, covered by any other form of liability insurance policy or a bond;
[(d)] 4. To any person qualifying as a self-insurer pursuant to NRS 485.380, or to any person operating a motor vehicle for the self-insured;
[(e)] 5. To the operator or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of [anyone] another person other than the operator or owner;
[(f)] 6. To the operator or the owner of a motor vehicle legally parked at the time of the accident;
[(g)] 7. To the owner of a motor vehicle if at the time of the accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating the motor vehicle without permission; or
[(h)] 8. If, before the date that the division would otherwise suspend the license and registration or nonresident’s operating privilege pursuant to NRS 485.190, there is filed with the division evidence satisfactory to [it] the division that the person who would otherwise have to file security has been released from liability or has received a determination in his favor at a hearing conducted pursuant to NRS 485.191, or has been finally adjudicated not to be liable or has executed an acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.
[2. An owner who is not the operator of the motor vehicle is not exempt from the requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, if he holds a motor vehicle liability policy which provides coverage only when he is operating the motor vehicle and, at the time of the accident, another person is operating the motor vehicle with the express or implied permission of the owner.]
Sec. 9. NRS 485.280 is hereby amended to read as follows:
485.280 A deposit or any balance thereof must be returned to the depositor or his personal representative:
1. [When]If evidence satisfactory to the division has been filed with it that there has been a release from liability, a final adjudication of nonliability or an acknowledged agreement, in accordance with [paragraph (h) of subsection 1] the provisions of subsection 8 of NRS 485.200; or
2. If 2 years after the date of the accident or 1 year [from] after the date of deposit of any security under NRS 485.230, whichever period is longer, the division is given reasonable evidence that there is no action pending and no judgment rendered in such an action left unpaid.
Sec. 10. NRS 485.314 is hereby amended to read as follows:
485.314 1. On or before the 15th calendar day of each month, each insurer that has executed a contract of insurance for [a motor vehicle liability]an owner’s policy of liability insurance which may be used to [meet] comply with the requirements of NRS 485.185 shall provide the department with a record of each such policy issued, amended or terminated in the previous month on the date the record is provided. The record must include:
(a) The name or identification number of each insured named in the policy of insurance;
(b) The make, year and vehicle identification number of each motor vehicle included in the policy of insurance;
(c) The number, effective date and expiration date of the policy of insurance; and
(d) Any other information required by the department.
2. The record provided pursuant to subsection 1 must be submitted in a form approved by the department and may include, without limitation, magnetic tape or any other electronic medium deemed acceptable by the department.
3. The department shall notify the commissioner of insurance if an insurer:
(a) Fails to comply with subsection 1 or 2; or
(b) In complying with subsection 1 or 2, provides to the department information that is false, incomplete or misleading.
Sec. 11. NRS 485.317 is hereby amended to read as follows:
485.317 1. The department shall, at least monthly, compare the current registrations of motor vehicles to the information in the data base created pursuant to NRS 485.313 to verify that each motor vehicle:
(a) Which is newly registered in this state; or
(b) For which a policy of liability insurance has been issued, amended or terminated,
is covered by [a policy of liability] insurance as required by NRS 485.185. In identifying a motor vehicle for verification pursuant to this subsection, the department shall, if the motor vehicle was manufactured during or after 1981, use only the vehicle identification number, in whole or in part.
2. The department shall send a form for verification by first-class mail to each registered owner that it determines has not maintained the insurance required by NRS 485.185. The owner shall complete the form with all the information which is requested by the department, including whether he carries an owner’s [or operator’s] policy of liability insurance or a certificate of self-insurance, and return the completed form within 20 days after the date on which the form was mailed by the department. If the department does not receive the completed form within 20 days after it mailed the form to the owner, the department shall send to the owner a second form for verification by certified mail. The owner shall complete the form and return it to the department within 15 days after the date on which it was sent by the department. [This subsection does] The provisions of this subsection do not prohibit an authorized agent of the owner from providing to the department:
(a) The information requested by the department pursuant to this subsection.
(b) Additional information to amend or correct information already submitted to the department pursuant to this subsection.
3. When the department receives a completed form for verification , it shall verify the information on the form.
4. The department shall suspend the registration and require the return to the department of the license plates of any vehicle for which:
(a) Neither of the forms for verification set forth in subsection 2 is returned to the department by the registered owner or his authorized agent within the period specified in that subsection;
(b) Either of the forms for verification set forth in subsection 2 is returned to the department by the registered owner or his authorized agent and the department is not able to verify the information on the form; or
(c) Either of the forms for verification set forth in subsection 2 is returned by the registered owner or his authorized agent with an admission of having no insurance or without indicating an insurer or the number of a motor vehicle liability policy or a certificate of self-insurance.
5. If the department suspends a registration pursuant to subsection 4 because:
(a) Neither the owner nor his authorized agent returned a form for verification within the specified period or the owner or his authorized agent returned a form for verification that was not completed sufficiently, and the owner or his authorized agent, thereafter:
(1) Proves to the satisfaction of the department that there was a justifiable cause for his failure to do so;
(2) Submits a completed form regarding his insurance on the date stated in the form mailed by the department pursuant to subsection 2; and
(3) Presents evidence of current insurance; or
(b) The owner or his authorized agent submitted to the department a form for verification containing information that the department was unable to verify and, thereafter, the owner or his authorized agent presents to the department:
(1) A corrected form or otherwise verifiable evidence setting forth that the owner possessed insurance on the date stated in the form; and
(2) Evidence of current insurance,
the department shall rescind its suspension of the registration if it is able to verify the information on the form or the other evidence presented. The department shall not charge a fee to reinstate a registration, the suspension of which was rescinded pursuant to this subsection. For the purposes of this subsection, “justifiable cause” may include, but is not limited to, the fact that the owner did not receive the form mailed by the department pursuant to subsection 2.
6. Except as otherwise provided in subsection 7, if a registered owner whose registration is suspended pursuant to subsection 4, failed to have insurance on the date specified in the form for verification, the department shall reinstate the registration of the vehicle and reissue the license plates only upon filing by the registered owner of evidence of current insurance and payment of the fee for reinstatement of registration prescribed in paragraph (a) of subsection 6 of NRS 482.480.
7. If a registered owner proves to the satisfaction of the department that his vehicle was a dormant vehicle during the period in which the information provided pursuant to NRS 485.314 indicated that there was no insurance for the vehicle, the department shall reinstate his registration and, if applicable, reissue his license plates. If such an owner of a dormant vehicle failed to cancel the registration for the vehicle in accordance with subsection 3 of NRS 485.320, the department shall not reinstate his registration or reissue his license plates unless the owner pays the fee set forth in paragraph (b) of subsection 6 of NRS 482.480.
8. For the purposes of verification of insurance by the department pursuant to this section, a registered owner shall not be deemed to have failed to maintain [liability] insurance for a motor vehicle unless the vehicle is without coverage for [a period of] more than 7 days.
Sec. 12. NRS 690B.023 is hereby amended to read as follows:
690B.023 If insurance for the operation of a motor vehicle required pursuant to NRS 485.185 is provided by [a contract] an owner’s policy of liability insurance, the insurer shall:
1. Provide evidence of insurance to the insured on a form approved by the commissioner. The evidence of insurance must include:
(a) The name and address of the policyholder;
(b) The name and address of the insurer;
(c) The year, make and complete identification number of the insured vehicle or vehicles;
(d) The term of the insurance, including the day, month and year on which the policy:
(1) Becomes effective; and
(2) Expires;
(e) The number of the policy;
(f) A statement that the coverage [meets] complies with the requirements set forth in NRS 485.185; and
(g) The statement “This card must be carried in the insured motor vehicle for production upon demand.” The statement must be prominently displayed.
2. Provide new evidence of insurance if:
(a) The information regarding the insured vehicle or vehicles required pursuant to paragraph (c) of subsection 1 no longer is accurate;
(b) An additional motor vehicle is added to the policy;
(c) A new number is assigned to the policy; or
(d) The insured notifies the insurer that the original evidence of insurance has been lost.
Sec. 13. Each insurer who has issued operators’ policies of liability insurance pursuant to NRS 485.186 and 485.3091 for the purpose of complying with the requirements of NRS 485.185 which are in effect on July 1, 1999:
1. Shall not renew an operator’s policy of liability insurance issued for that purpose; and
2. Shall provide, not later than October 1, 1999, a written notice to each holder of an operator’s policy of liability insurance issued by the insurer which states that, after December 31, 1999, the policy will not satisfy the requirements set forth in NRS 485.185 for insurance for the payment of liability arising from the maintenance or use of a motor vehicle that is registered or required to be registered in this state.
Sec. 14. 1. This section and section 13 of this act become effective on July 1, 1999.
2. Sections 1 to 12, inclusive, of this act become effective on January 1, 2000.”.
Amend the title of the bill to read as follows:
“AN ACT relating to motor vehicles; providing that an operator’s policy of liability insurance does not satisfy the requirements for liability insurance for a motor vehicle that is registered or required to be registered in this state; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides that operator’s policy of liability insurance does not satisfy requirements for liability insurance for motor vehicle that is registered or required to be registered in Nevada. (BDR 43‑1306)”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 470.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 495.
Amend section 1, page 1, line 2, by deleting:
“2 to 18, inclusive,” and inserting:
“2, 3 and 4”.
Amend the bill as a whole by deleting sections 2 through 15 and renumbering sections 16 through 20 as sections 2 through 6.
Amend sec. 18, page 8, line 26, by deleting:
“capitation or other”.
Amend sec. 19, page 9, line 5, by deleting:
“2 to 18, inclusive,” and inserting:
“2, 3 and 4”.
Amend sec. 20, page 9, by deleting lines 29 and 30 and inserting:
“5. Require employees to obtain the approval of the self-insured employer,”.
Amend sec. 20, page 9, line 38, by deleting:
“2 to 18, inclusive,” and inserting:
“2, 3 and 4”.
Amend the bill as a whole by renumbering sec. 21 as sec. 9 and adding new sections designated sections 7 and 8, following sec. 20, to read as follows:
“Sec. 7. Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer, organization for managed care or third-party administrator shall respond to a written request for prior authorization for:
(a) Treatment;
(b) Diagnostic testing; or
(c) Consultation,
within 5 working days after receiving the written request.
2. If the insurer, organization for managed care or third-party administrator fails to respond to such a request within 5 working days, authorization shall be deemed to be given. The insurer, organization for managed care or third-party administrator may subsequently deny authorization.
3. If the insurer, organization for managed care or third-party administrator subsequently denies a request for authorization submitted by a provider of health care for additional visits or treatments, it shall pay for the additional visits or treatments actually provided to the injured employee, up to the number of treatments for which payment is requested by the provider of health care before the denial of authorization is received by the provider.
Sec. 8. NRS 616C.090 is hereby amended to read as follows:
616C.090 1. The administrator shall establish a panel of physicians and chiropractors who have demonstrated special competence and interest in industrial health to treat injured employees under chapters 616A to 616D, inclusive, of NRS. Every employer whose insurer has not entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.515 or 616B.527 shall maintain a list of those physicians and chiropractors on the panel who are reasonably accessible to his employees.
2. An injured employee whose employer’s insurer has not entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.515 or 616B.527 may choose his treating physician or chiropractor from the panel of physicians and chiropractors. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his injury. The insurer shall notify the first physician or chiropractor in writing. The notice must be postmarked within 3 working days after the insurer receives knowledge of the change. The first physician or chiropractor must be reimbursed only for the services he rendered to the injured employee up to and including the date of notification. Any further change is subject to the approval of the insurer, which must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If no action is taken on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractor must include the name of the new physician or chiropractor chosen by the injured employee.
3. An injured employee [employed or residing in any county in this state] whose employer’s insurer has entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.515 or 616B.527 must choose his treating physician or chiropractor pursuant to the terms of that contract. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor pursuant to the terms of the contract if the choice is made within 90 days after his injury. If the injured employee, after choosing his treating physician or chiropractor, moves to a county which is not served by the organization for managed care or providers of health care named in the contract and the insurer determines that it is impractical for the injured employee to continue treatment with the physician or chiropractor, the injured employee must choose a treating physician or chiropractor who has agreed to the terms of that contract unless the insurer authorizes the injured employee to choose another physician or chiropractor.
4. Except when emergency medical care is required and except as otherwise provided in NRS 616C.055, the insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician, chiropractor or other person selected by the injured employee in disregard of the provisions of this section or for any compensation for any aggravation of the injured employee’s injury attributable to improper treatments by such physician, chiropractor or other person.
5. The administrator may order necessary changes in a panel of physicians and chiropractors and shall suspend or remove any physician or chiropractor from a panel for good cause shown.
6. An injured employee may receive treatment by more than one physician or chiropractor if the insurer provides written authorization for such treatment.”.
Amend sec. 21, page 9, line 40, by deleting:
“[3,] 2,” and inserting “3,”.
Amend sec. 21, page 10, by deleting lines 4 through14 and inserting:
“established by the organization for managed care.
2. The procedure for resolving complaints established by the organization for managed care must be informal and must include, but is not limited to, a review of the appeal by a qualified physician or chiropractor who did not make or otherwise participate in making the [decision.] determination.
3. If a person appeals a final determination pursuant to a procedure for”.
Amend sec. 21, page 10, by deleting lines 16 through 19 and inserting:
“the dispute is not resolved within 14 days after it is submitted, he may request a resolution of the dispute pursuant to NRS”.
Amend the bill as a whole by renumbering sec. 22 as sec. 11 and adding a new section designated sec. 10, following sec. 21, to read as follows:
“Sec. 10. NRS 616C.330 is hereby amended to read as follows:
616C.330 1. The hearing officer shall:
(a) Within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request;
(b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled; and
(c) Conduct hearings expeditiously and informally.
2. The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada attorney for injured workers.
3. If necessary to resolve a medical question concerning an injured employee’s condition[,] or to determine the necessity of treatment for which authorization for payment has been denied, the hearing officer may refer the employee to a physician or chiropractor chosen by the hearing officer. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians and chiropractors maintained by the administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any medical examination requested by the hearing officer.
4. The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.
5. The hearing officer shall render his decision within 15 days after:
(a) The hearing; or
(b) He receives a copy of the report from the medical examination he requested.
6. The hearing officer shall render his decision in the most efficient format developed by the chief of the hearings division of the department of administration.
7. The hearing officer shall give notice of his decision to each party by mail. He shall include with the notice of his decision the necessary forms for appealing from the decision.
8. Except as otherwise provided in NRS 616C.380, the decision of the hearing officer is not stayed if an appeal from that decision is taken unless an application for a stay is submitted by a party. If such an application is submitted, the decision is automatically stayed until a determination is made on the application. A determination on the application must be made within 30 days after the filing of the application. If, after reviewing the application, a stay is not granted by the hearing officer or an appeals officer, the decision must be complied with within 10 days after the refusal to grant a stay.”.
Amend sec. 22, page 10, by deleting lines 30 through 33 and inserting:
“(b) The dispute was not resolved pursuant to that procedure within 14 days after it was submitted,”.
Amend sec. 22, page 10, by deleting lines 38 and 39 and inserting:
“days after receipt of such a request”.
Amend the bill as a whole by deleting sec. 23 and adding a new section designated sec. 12, following sec. 22, to read as follows:
“Sec. 12. NRS 616C.360 is hereby amended to read as follows:
616C.360 1. A stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under chapter 233B of NRS apply to the hearing.
2. The appeals officer must hear any matter raised before him on its merits, including new evidence bearing on the matter.
3. If necessary to resolve a medical question concerning an injured employee’s condition[,] or to determine the necessity of treatment for which authorization for payment has been denied, the appeals officer may refer the employee to a physician or chiropractor chosen by the appeals officer. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians or chiropractors maintained by the administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any examination requested by the appeals officer.
4. Any party to the appeal or the appeals officer may order a transcript of the record of the hearing at any time before the seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders.
5. The appeals officer shall render his decision:
(a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or
(b) If a transcript has not been ordered, within 30 days after the date of the hearing.
6. The appeals officer may affirm, modify or reverse any decision made by the hearing officer and issue any necessary and proper order to give effect to his decision.”.
Amend the title of the bill to read as follows:
“AN ACT relating to workers’ compensation; prohibiting organizations for managed care that provide medical and health care services to injured employees from engaging in certain practices that restrict the actions of a provider of health care; requiring a response to a request for prior authorization for medical treatment to be issued within a certain number of days; allowing an injured employee whose employer’s insurer has entered into a contract with an organization for managed care or providers of health care to change treating physicians or chiropractors under certain circumstances; allowing hearing officers and appeals officers to refer an injured employee to a physician or chiropractor to determine the necessity of certain medical treatment; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning provision of benefits for workers’ compensation. (BDR 53‑1298)”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 477.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 312.
Amend the bill as a whole by renumbering sections 5 and 6 as sections 6 and 7 and adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. NRS 118B.170 is hereby amended to read as follows:
118B.170 1. The landlord may require approval of a prospective buyer and tenant before the sale of a tenant’s mobile home or recreational vehicle, if the mobile home or vehicle will remain in the park. The landlord shall consider the record, if any, of the prospective buyer and tenant concerning the payment of rent. The landlord shall not unreasonably withhold his consent.
2. If a tenant sells his mobile home or recreational vehicle, the landlord may require that the mobile home or recreational vehicle be removed from the park if it is deemed by the park’s written rules or regulations in the possession of the tenants to be in a run-down condition or in disrepair or does not meet the safety standards set forth in NRS 461A.120. If the mobile home must be inspected to determine compliance with the standards, the person requesting the inspection shall pay for it.
3. If the landlord requires the approval of a prospective buyer and tenant, he shall post and maintain a sign which is clearly readable at the entrance to the park which advises the reader that before a mobile home in the park is sold, the prospective buyer must be approved by the landlord.
4. If the landlord requires the approval of a prospective buyer and tenant of a mobile home or recreational vehicle and the mobile home or recreational vehicle is sold without the approval of the landlord, the landlord may:
(a) After providing at least 10 days’ written notice to the buyer and tenant, bring an action for an unlawful detainer in the manner prescribed in chapter 40 of NRS; or
(b) Require the buyer and tenant to sign a rental agreement. If the buyer and tenant refuse to sign the rental agreement within 5 days after such a request, the landlord may, after providing at least 10 days’ written notice to the buyer and tenant, bring an action for an unlawful detainer in the manner provided in chapter 40 of NRS.
5. For the purposes of NRS 40.251, a person who:
(a) Purchases a mobile home or recreational vehicle from a tenant of a mobile home park which will remain in the park;
(b) Was required to be approved by the landlord of the mobile home park before the sale of the mobile home or recreational vehicle; and
(c) Was not approved by the landlord before he purchased that mobile home or recreational vehicle,
shall be deemed a tenant at will and a lessee of the mobile home park.”.
Amend the bill as a whole by adding a new section designated sec. 8, following sec. 6, to read as follows:
“Sec. 8. NRS 40.251 is hereby amended to read as follows:
40.251 A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:
1. Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, he continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of:
(a) For tenancies from week to week, at least 7 days;
(b) For all other periodic tenancies, at least 30 days; or
(c) For tenancies at will, at least 5 days.
2. A dwelling unit subject to the provisions of chapter 118A of NRS, he continues in possession, in person or by subtenant, without the landlord’s consent after expiration of:
(a) The term of the rental agreement or its termination and, except as otherwise provided in paragraph (b), the expiration of a notice of at least 7 days for tenancies from week to week and 30 days for all other periodic tenancies; or
(b) A notice of at least 5 days where the tenant has failed to perform his basic or contractual obligations under chapter 118A of NRS.
3. A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215, he continues in possession, in person or by subtenant, without the landlord’s consent, after notice has been given pursuant to NRS 118B.170 or 118B.190 and the period of the notice has expired.
4. A recreational vehicle lot, he continues in possession, in person or by subtenant, without the landlord’s consent, after the expiration of a notice of at least 5 days.”.
Amend the title of the bill, eighth line, after “landlord;” by inserting:
“providing remedies for failure of the buyer and tenant of a mobile home to gain prior approval of landlord where requires;”
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 486.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 683.
Amend sec. 5, page 3, line 4, by deleting “regulation.” and inserting:
“regulation within 90 days after the date on which the regulation was adopted.”.
Amend the bill as a whole by adding a new section designated sec. 11.5, following sec. 11, to read as follows:
“Sec. 11.5. The provisions of sections 8 to 14, inclusive, of this act do not apply with respect to a rule for which a local government does not have the authority to consider less stringent alternatives, including, without limitation, a rule that the local government is required to adopt pursuant to a federal statute or regulation.”.
Amend sec. 14, page 5, line 4, by deleting “rule.” and inserting:
“rule within 90 days after the date on which the rule was adopted.”.
Amend the title of the bill, first and second lines, by deleting:
“in skeleton form”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 492.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 497.
Amend the bill as a whole by deleting sections 1 through 29, and the leadlines of repealed sections, and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
“Section 1. NRS 483.710 is hereby amended to read as follows:
483.710 An applicant for a license to operate a school for training drivers must:
1. Be of good moral character.
2. Maintain an established place of business :
(a) That is open to the public [which] ;
(b) That isnot within 200 feet of any building used by the department as an office[.] ; and
(c) Where the records of the school are maintained.
3. Have the equipment necessary to give proper instruction in the operation of motor vehicles.
4. Be 21 years of age or older.
5. Hold a valid driving instructor’s certificate issued by the state department of education in accordance with regulations prescribed by the state board of education governing the qualifications of instructors in privately owned schools for training drivers.
6. Have at least 1,000 hours of experience as an instructor operating vehicles with pupils at a school for training drivers, if the school for which the applicant is applying for a license will provide that training to pupils enrolled at the school.
7. File with the department a surety bond in the amount of $10,000 to the department, executed by the applicant as principal with a corporation authorized to transact surety business in this state as surety. The bond must be continuous in form and conditioned that the operator conduct the business of the school as an instructional institution without fraud or fraudulent representation. Upon application by an operator, the department may reduce the amount of the bond required to an amount not less than $5,000 if the operator has satisfactorily conducted his school for the 5 years immediately preceding the application for reduction.
Sec. 2. NRS 483.723 is hereby amended to read as follows:
483.723 [No] A school for training drivers may not offer or provide training [or allow training to be provided by the school] to a person whose age is less than 15 years[.] unless the person has been issued:
1. A restricted license pursuant to the provisions of NRS 483.267 or 483.270; or
2. A restricted instruction permit pursuant to the provisions of subsection 3 of NRS 483.280.
Sec. 3. NRS 483.730 is hereby amended to read as follows:
483.730 1. The department shall issue a license to operate a school for training drivers or to act as an instructor for such a school, if it is satisfied that the applicant has met the qualifications required by NRS 483.700 to 483.780, inclusive.
2. The license is valid for [2] 5 years after the date of issuance, unless canceled, suspended or revoked by the department and , except as otherwise provided in subsection 3, may be renewed subject to the same conditions as the original license.
3. The department may renew the license of an instructor of a school for training drivers if, when he submits his application for the renewal of his license, he provides evidence satisfactory to the department that, during the period of the license, he completed at least six credits of continuing education by attending:
(a) A course of instruction relating to the training of drivers approved by the department; or
(b) A state or national conference approved by the department of education for credit for continuing education.
4. In determining whether an instructor has complied with the provisions of subsection 3, the department shall award one credit of continuing education for the completion of each 15 hours of:
(a) Classroom instruction in a course specified in paragraph (a) of subsection 3; or
(b) Attendance at a conference specified in paragraph (b) of subsection 3.
Sec. 4. NRS 483.740 is hereby amended to read as follows:
483.740 1. A person operating a school for training drivers shall maintain liability insurance on motor vehicles used in driving instruction, insuring the liability of the driving school, the driving instructor[,] and any person taking instruction, in at least the following amounts:
(a) For bodily injury to or death of one person in any one accident, [$20,000;] $100,000;
(b) For bodily injury to or death of two or more persons in any one accident, [$40,000;] $300,000; and
(c) For damage to property of others in any one accident, [$10,000.] $50,000.
2. Evidence of the insurance coverage in the form of a certificate from the insurance carrier must be filed with the department . [and the] The certificate must stipulate that the insurance may not be canceled except upon 10 days’ written notice to the department.
Sec. 5. The requirements for continuing education set forth in NRS 483.730 do not apply to the renewal of a license of an instructor for a school for training drivers before October 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to schools for training drivers; revising the qualifications of an applicant for a license to operate such a school; authorizing the school to offer or provide training to certain minors; increasing the period of a license to operate the school; increasing the amount of liability insurance required for a person who operates the school; and providing other matters properly relating thereto.”.
Amend the summary of the bill by deleting the second line and inserting “(BDR 43‑1332)”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bill No. 515 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblywoman Buckley.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 553.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 684.
Amend the bill as a whole by deleting sections 1 through 5 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 373.140 is hereby amended to read as follows:
373.140 1. After the enactment of an ordinance as authorized in NRS 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from the county motor vehicle fuel tax must first be submitted to the regional transportation commission.
2. Where the project is within the area covered by a regional plan for transportation established pursuant to NRS 373.1161, the commission shall evaluate it in terms of:
(a) The priorities established by the plan;
(b) The relation of the proposed work to other projects already constructed or authorized;
(c) The relative need for the project in comparison with others proposed; and
(d) The money available.
If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of the county motor vehicle fuel tax authorized by this chapter, except to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred hereunder, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.130. [If] Except as otherwise provided in subsection 3, if the board authorizes the project, the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by a regional plan for transportation established pursuant to NRS 373.1161.
3. In a county in which two or more governmental entities are represented on the commission, the governing bodies of those governmental entities may enter into a written master agreement that allows a written agreement described in subsection 2 to be executed by only the commission and the governmental entity that receives funding for the approved project. The provisions of a written master agreement must not be used until the governing body of each governmental entity represented on the commission ratifies the written master agreement.
4. Where the project is outside the area covered by a plan, the commission shall evaluate it in terms of:
(a) Its relation to the regional plan for transportation established pursuant to NRS 373.1161 if any;
(b) The relation of the proposed work to other projects constructed or authorized;
(c) The relative need for the proposed work in relation to others proposed by the same city or town; and
(d) The availability of money.
If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.
[4.] 5. In counties whose population is less than 100,000, the commission shall certify the adoption of the plan in compliance with subsections 2 and [3.] 4.”.
Amend the title of the bill to read as follows:
“AN ACT relating to transportation; authorizing the governing bodies of certain governmental entities to create and use an expedited process for executing certain written agreements relating to certain highway projects in certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes governing bodies of certain governmental entities to use expedited process for executing certain written agreements relating to certain highway projects in certain circumstances. (BDR 32‑1572)”.
Assemblyman Parks moved the adoption of the amendment.
Remarks by Assemblyman Parks.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 577.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 568.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A local authority may enact an ordinance adopting the penalties set forth for misdemeanors in NRS 453.336 for similar offenses under a local ordinance. The ordinance must set forth the manner in which money collected from fines imposed by a court for a violation of the ordinance must be disbursed in accordance with subsection 2.
2. Money collected from fines imposed by a court for a violation of an ordinance enacted pursuant to subsection 1 must be evenly allocated among:
(a) Facilities for the treatment of abuse of alcohol or drugs established by a local government, if any;
(b) A program of treatment and rehabilitation established by a court pursuant to NRS 453.580, if any; and
(c) Local law enforcement agencies,
in a manner determined by the court.
3. As used in this section, “local authority” means the governing board of a county, city or other political subdivision having authority to enact laws or ordinances.”.
Amend section 1, page 1, line 7, by deleting “inclusive.” and inserting:
“inclusive [.] , and section 1 of this act.”.
Amend section 1, pages 2 and 3, by deleting lines 28 through 42 on page 2 and lines 1 through 11 on page 3 and inserting:
“possibility of rehabilitation and any other relevant information.] Unless a greater penalty is provided pursuant to NRS 212.160, a person 18 years of age or older who is convicted of the possession of less than 1 ounce of marihuana:
(a) For the first offense, is guilty of a misdemeanor and shall be punished by a fine of not more than $500; or
(b) For the second or subsequent offense, is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000, and assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.
5. Unless a greater penalty is provided pursuant to NRS 212.160, a child under 18 years of age who possesses less than 1 ounce of marihuana in violation of the provisions of subsection 1 commits a delinquent act and the court shall order the child:
(a) For the first offense, to pay a fine of not more than $300, and require the child to undergo an evaluation pursuant to NRS 62.2275; or
(b) For the second or subsequent offense, to pay a fine of not more than $500, or to be detained in a facility for the detention of children for not more than 10 days, or both to pay a fine and be detained, and assign the child to an appropriate program of treatment for the treatment of abuse of alcohol or drugs.”.
Amend sec. 2, page 3, by deleting line 21 and inserting:
“charge pursuant to subsection 2 or 3 of NRS 453.336, NRS 453.411 or 454.351, or is found guilty of”.
Amend sec. 2, page 3, line 24, by deleting:
“or suspend his sentence”.
Amend sec. 2, page 3, by deleting lines 31 and 32 and inserting:
“paragraph (e) of subsection 2 of NRS 193.130, upon”.
Amend the bill as a whole by deleting sec. 3.
Amend sec. 4, page 5, by deleting lines 5 and 6 and inserting:
“453.401 1. Except as otherwise provided in subsections 3 and 4, if two or more persons conspire to commit an offense which”.
Amend sec. 4, page 5, by deleting line 31 and inserting:
“2. Except as otherwise provided in subsection 3, if two or more”.
Amend sec. 4, page 5, by deleting lines 38 through 41 and inserting:
“3. If two or more persons conspire to possess one ounce or more of marihuana unlawfully, except for the purpose of sale, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator is guilty of a gross misdemeanor.”.
Amend sec. 4, page 6, line 1, by deleting “4.]” and inserting “4.”.
Amend sec. 4, page 6, line 4, by deleting “[5.] 4.” and inserting “5.”.
Amend the bill as a whole by renumbering sec. 5 as sec. 7 and adding new sections designated sections 5 and 6, following sec. 4, to read as follows:
“Sec. 5. NRS 453.580 is hereby amended to read as follows:
453.580 1. A court may establish an appropriate treatment program to which it may assign a person pursuant to subsection 4 of NRS 453.336, NRS 453.3363 or 458.300 or it may assign such a person to an appropriate facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the person is making satisfactory progress towards completion of the program.
2. A program to which a court assigns a person pursuant to subsection 1 must include:
(a) Information and encouragement for the participant to cease abusing alcohol or using controlled substances through educational, counseling and support sessions developed with the cooperation of various community, health, substance abuse, religious, social service and youth organizations;
(b) The opportunity for the participant to understand the medical, psychological and social implications of substance abuse; and
(c) Alternate courses within the program based on the different substances abused and the addictions of participants.
3. If the offense with which the person was charged involved the use or possession of a controlled substance, in addition to the program or as a part of the program the court must also require frequent urinalysis to determine that the person is not using a controlled substance. The court shall specify how frequent such examinations must be and how many must be successfully completed, independently of other requisites for successful completion of the program.
4. Before the court assigns a person to a program pursuant to this section, the person must agree to pay the cost of the program to which he is assigned and the cost of any additional supervision required pursuant to subsection 3, to the extent of his financial resources. If the person does not have the financial resources to pay all of the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program at a facility that receives a sufficient amount of federal or state funding to offset the remainder of the costs.
Sec. 6. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in NRS 62.212, 62.224 [and 62.2245,] , 62.2245 and 453.336, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 18 years of age, order:
(1) The parent, guardian or custodian of the child; and
(2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,
to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child’s driver’s license for at least 90 days but not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to receive a driver’s license.
(2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to receive a license on the date of the order.
If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
(m) If the child has not previously been found to be within the purview of this chapter and if the act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence, order the child to participate in a publicly or privately operated program of sports or physical fitness that is adequately supervised or a publicly or privately operated program for the arts that is adequately supervised. A program for the arts may include, but is not limited to, drawing, painting, photography or other visual arts, musical, dance or theatrical performance, writing or any other structured activity that involves creative or artistic expression. If the court orders the child to participate in a program of sports or physical fitness or a program for the arts, the court may order any or all of the following, in the following order of priority if practicable:
(1) The parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;
(2) The child to work on projects or perform public service pursuant to paragraph (i) for a period that reflects the costs associated with the participation of the child in the program; or
(3) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. Except as otherwise provided in NRS 62.455 and 62.570, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.”.
Amend the bill as a whole by adding a new section designated sec. 8, following sec. 5, to read as follows:
“Sec. 8. 1. This section and sections 1 to 5, inclusive, and 7 of this act become effective on October 1, 1999.
2. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 633.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 628.
Amend the bill as a whole by renumbering sec. 5 as sec. 9 and adding new sections designated sections 5 through 8, following sec. 4, to read as follows:
“Sec. 5. NRS 624.120 is hereby amended to read as follows:
624.120 The board shall adopt a seal for its own use. The seal must have imprinted thereon the words “State Contractors’ Board, State of Nevada.” The executive officer has the care and custody of the seal. A person shall not use, copy or reproduce the seal in any way not authorized by this chapter or the regulations of the board.
Sec. 6. NRS 624.220 is hereby amended to read as follows:
624.220 1. The board may adopt regulations necessary to effect the classification and subclassification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage as defined by NRS 624.215 and the regulations of the board.
2. The board [may] shall limit the field and scope of the operations of a licensed contractor by establishing a monetary limit on a contractor’s license, and the limit must be the maximum contract a licensed contractor may undertake on one or more construction contracts on a single construction site or subdivision site for a single client. The board may take any other action designed to limit the field and scope of the operations of a contractor as may be necessary to protect the health, safety and general welfare of the public. The limit[, if any,] must be determined after consideration of the factors set forth in NRS 624.260, 624.263 and 624.265[.] and any other factors that the board determines are necessary to assess or project the future financial solvency of the contractor.
3. A licensed contractor may request that the board increase the monetary limit on his license, either on a permanent basis or for a single construction project. A request submitted to the board pursuant to this subsection must be in writing on a form prescribed by the board and accompanied by such supporting documentation as the board may require. If a request submitted pursuant to this section is for a single construction project, the request must be submitted to the board at least 2 working days before the date on which the contractor intends to submit his bid for the project.
4. Nothing contained in this section prohibits a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which he is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.
Sec. 7. NRS 624.260 is hereby amended to read as follows:
624.260 1. The board shall require an applicant or licensed contractor to show such a degree of experience, financial responsibility and such general knowledge of the building, safety, health and lien laws of the State of Nevada and the [rudimentary] administrative principles of the contracting business as the board deems necessary for the safety and protection of the public.
2. An applicant or licensed contractor may qualify in regard to his experience and knowledge in the following ways:
(a) If a natural person, he may qualify by personal appearance or by the appearance of his responsible managing employee.
(b) If a copartnership, a corporation or any other combination or organization, it may qualify by the appearance of the responsible managing officer or member of the personnel of the applicant firm.
If an applicant or licensed contractor intends to qualify pursuant to this subsection by the appearance of another person, the applicant or licensed contractor shall submit to the board such information as the board determines is necessary to demonstrate the duties and responsibilities of the other person so appearing with respect to the supervision and control of the operations of the applicant relating to construction.
3. The natural person qualifying on behalf of another natural person or firm under paragraphs (a) and (b) of subsection 2 must prove that he is a bona fide member or employee of that person or firm and when his principal or employer is actively engaged as a contractor shall exercise authority in connection with his principal or employer’s contracting business in the following manner:
(a) To make technical and administrative decisions;
(b) To hire, superintend, promote, transfer, lay off, discipline or discharge other employees and to direct them, either by himself or through others, or effectively to recommend such action on behalf of his principal or employer; and
(c) To devote himself solely to his principal or employer’s business and not to take any other employment which would conflict with his duties under this subsection.
4. A natural person may not qualify on behalf of another for more than one active license unless:
(a) One person owns at least 25 percent of each licensee for which he qualifies; or
(b) One licensee owns at least 25 percent of the other licensee.
5. Except as otherwise provided in subsection 6, in addition to the other requirements set forth in this section, each applicant for licensure as a contractor must have had, within the 10 years immediately preceding the filing of his application for licensure, at least 4 years of experience as a journeyman, foreman, supervising employee or contractor in the specific classification in which he is applying for licensure. Training received in a program offered at an accredited college or university or an equivalent program approved by the board may be used to satisfy not more than 3 years of experience required pursuant to this subsection.
6. If the applicant who is applying for licensure has previously qualified for a contractor’s license in the same classification in which he is applying for licensure, the experience required pursuant to subsection 5 need not be accrued within the 10 years immediately preceding the application.
7. As used in this section, “journeyman” means a person who:
(a) Is fully qualified to perform, without supervision, work in the classification in which he is applying for licensure; or
(b) Has successfully completed:
(1) A program of apprenticeship for the classification in which he is applying for licensure that has been approved by the state apprenticeship council; or
(2) An equivalent program approved by the board.
Sec. 8. NRS 624.265 is hereby amended to read as follows:
624.265 An applicant for a contractor’s license or a licensed contractor and each officer, director, partner and associate thereof [shall] must possess good character. Lack of character may be established by showing that the applicant or licensed contractor, or any officer, director, partner or associate thereof , has:
1. Committed any act which[, if committed by any licensed contractor,] would be grounds for the denial, suspension or revocation of a contractor’s license;
2. A bad reputation for honesty and integrity;
3. Entered a plea of nolo contendere, guilty or guilty but mentally ill to, been found guilty of or been convicted of a misdemeanor, felony or crime involving moral turpitude arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or
4. Had a license revoked or suspended for reasons that would preclude the granting or renewal of a license for which the application has been made.”.
Amend the bill as a whole by renumbering sections 6 through 9 as sections 11 through 14 and adding a new section designated sec. 10, following sec. 5, to read as follows:
“Sec. 10. NRS 624.275 is hereby amended to read as follows:
624.275 1. [The]With respect to a surety bond that a licensed contractor maintains in accordance with NRS 624.270:
(a) The surety shall give prompt notice to the board of any claims paid against the bond of the licensed contractor.
(b) The surety may cancel the bond upon giving 60 days’ notice to the board and to the contractor by certified mail.
2. Upon receipt by the board of the notice described in paragraph (a) of subsection 1, the board shall immediately notify the contractor who is the principal on the bond that his license will be suspended or revoked unless he furnishes an equivalent bond or establishes an equivalent cash deposit before a date set by the board.
3. Upon receipt by the board of the notice[,] described in paragraph (b) of subsection 1, the board shall immediately notify the contractor who is the principal on the bond that his license will be suspended or revoked unless he furnishes an equivalent bond or establishes an equivalent cash deposit before the effective date of the cancellation.
4. The notice mailed to the contractor by the board pursuant to subsection 2 or 3 must be [by certified mail] addressed to his latest address of record in the office of the board.
[2.] 5. If the contractor does not comply with the requirements of the notice from the board, his license must be suspended or revoked on the date [the] :
(a) Set by the board, if the notice was provided to the contractor pursuant to subsection 2; or
(b) The bond is canceled[.] , if the notice was provided to the contractor pursuant to subsection 3.”.
Amend sec. 6, page 4, line 5, by deleting “$700.” and inserting “$550.”.
Amend sec. 6, page 4, line 6, by deleting “$500” and inserting “$450”.
Amend the title of the bill by deleting the fourth through ninth lines and inserting:
“prohibiting the unauthorized use, copying or reproduction of the seal of the state contractors’ board; making various changes with respect to a monetary limit on a contractor’s license; expanding certain requirements concerning experience, knowledge, financial responsibility and good character with respect to applicants and licensed contractors; providing for notification to the board by a surety within a certain time after an action is commenced by or against the surety; establishing provisions relating to the suspension or revocation of the license of a contractor if a surety pays a claim against the bond of the licensed contractor; increasing the amount of certain fees that the board may charge; amending certain requirements for a hearing if the board summarily suspends the license of a contractor; and providing other matters properly relating thereto.”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 673.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 630.
Amend section 1, page 1, line 2, by deleting “26,” and inserting “25,”.
Amend sec. 2, page 1, line 5, by deleting “10,” and inserting “9,”.
Amend sec. 3, page 1, by deleting lines 7 through 11 and inserting:
“Sec. 3. “Administrator” means a person who is responsible for administering a service contract that is issued, sold or offered for sale by a provider.”.
Amend the bill as a whole by renumbering sections 5 and 6 as sections 6 and 7 and adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. “Contractual liability insurance policy” means a policy of insurance that is issued to a provider to either:
1. Reimburse the provider under the terms of a service contract issued or sold by the provider; or
2. If the provider does not satisfy his obligation under a service contract, pay on behalf of the provider any money the provider has an obligation to pay under the service contract.”.
Amend the bill as a whole by deleting sections 7 and 8 and renumbering sections 9 through 29 as sections 8 through 28.
Amend sec. 9, page 2, line 13, by deleting:
“goods owned by the holder.” and inserting “goods.”.
Amend sec. 10, page 2, line 15, after “exchange for” by inserting “separately stated”.
Amend sec. 10, page 2, by deleting line 19 and inserting:
“contract and which have an operational or structural failure as a result of a defect in materials, workmanship or normal wear and tear, including, without limitation:
1. A contract that includes a provision for incidental payment of indemnity under limited circumstances, including, without limitation, towing, rental and emergency road service; and
2. A contract that provides for the repair, replacement or maintenance of goods for damages that result from power surges or accidental damage from handling.”.
Amend sec. 11, page 2, line 20, by deleting “chapter” and inserting “Title”.
Amend sec. 11, page 2, line 23, after “utility” by inserting:
“on its transmission device”.
Amend sec. 11, page 2, line 35, after “provided” by inserting “solely”.
Amend sec. 12, page 3, line 1, after “issue” by inserting:
“, sell or offer for sale”.
Amend sec. 13, page 3, line 4, after “issue” by inserting:
“, sell or offer for sale”.
Amend sec. 13, page 3, line 6, by deleting “An” and inserting “A registration”.
Amend sec. 13, page 3, line 8, by deleting “14” and inserting “13”.
Amend sec. 13, page 3, line 9, by deleting “issue;” and inserting:
“issue, sell or offer for sale;”.
Amend sec. 13, page 3, by deleting line 15 and inserting “commissioner.”.
Amend sec. 14, page 3, by deleting lines 23 and 24 and inserting:
“1. Purchase a contractual liability insurance policy which insures the obligations of each service contract the provider issues, sells or offers for sale. The contractual liability insurance policy must be issued by an”.
Amend sec. 14, page 4, line 16, after “issued” by inserting “or sold”.
Amend sec. 16, page 4, by deleting lines 19 and 20 and inserting:
“Sec. 15. 1. Except as otherwise provided in this chapter, the marketing, issuance, sale, offering for sale, making, proposing to make and administration of service contracts are not subject to the provisions of Title”.
Amend sec. 16, page 4, by deleting line 29 and inserting:
“2. A provider, person who sells service contracts, administrator or any other person is not required to obtain a certificate”.
Amend sec. 16, page 4, line 31, after “issue” by inserting:
“, sell, offer for sale”.
Amend sec. 18, page 5, line 9, after “A” by inserting “contractual”.
Amend sec. 18, page 5, line 18, before “liability” by inserting “contractual”.
Amend sec. 19, page 5, line 23, after “a” by inserting “contractual”.
Amend sec. 19, page 5, line 24, by deleting “policy.” and inserting:
“policy or that it is backed by the full faith and credit of the provider if the service contract is not insured by a contractual liability insurance policy.”.
Amend sec. 19, page 5, by deleting lines 27 and 28, and inserting:
“(d) Include the name and address of the provider, the holder, if provided by the holder and, if applicable, the administrator. The names and addresses of such persons are not required to be preprinted on the service contract and may be added to the service contract at the time of the sale.”.
Amend sec. 19, page 5, line 29, after “contract.” by inserting:
“The purchase price must be determined pursuant to a schedule of fees established by the provider.”.
Amend sec. 19, page 5, by deleting lines 30 and 31 and inserting:
“(f) Include a description of the goods covered by the service contract.”.
Amend sec. 19, page 5, line 34, by deleting:
“is issued for” and inserting “covers”.
Amend sec. 19, pages 5 and 6, by deleting lines 42 and 43 on page 5 and lines 1 through 7 on page 6, and inserting:
“service contract. The conditions for canceling the service contract must include, without limitation, the provisions of NRS 687B.320.”.
Amend sec. 19, page 6, line 14, by deleting “for which” and inserting “covered by”.
Amend sec. 19, page 6, line 15, by deleting “is issued”.
Amend sec. 20, page 6, by deleting lines 22 through 24 and inserting:
“Sec. 19. 1. A provider shall provide a receipt for, or other written evidence of, the purchase of a service contract.”.
Amend sec. 20, page 6, line 26, by deleting “15 days” and inserting:
“a reasonable time”.
Amend sec. 21, page 6, line 39, after “issues” by inserting:
“, sells or offers for sale”.
Amend sec. 23, page 7, line 3, by deleting “issues;” and inserting:
“issues, sells or offers for sale;”.
Amend sec. 23, page 7, line 7, after “issues” by inserting:
“, sells or offers for sale”.
Amend sec. 24, page 7, by deleting lines 21 through 26 and inserting:
“Sec. 23. 1. Except as otherwise provided in this subsection, the commissioner may conduct examinations to enforce the provisions of this chapter pursuant to the provisions of NRS 679B.230 to 679B.300, inclusive, at such times as he deems necessary. The commissioner is not required to comply with the requirement in NRS 679B.230 that insurers be examined not less frequently than every 5 years in the enforcement of this chapter.
2. A provider shall, upon the request of the commissioner, make available to the commissioner for inspection any accounts, books and records concerning any service contract issued, sold or offered for sale by the provider which are reasonably necessary to enable the commissioner to determine whether the provider is in compliance with the provisions of this chapter.”.
Amend sec. 27, page 7, line 39, by deleting “15” and inserting “14”.
Amend sec. 28, page 8, line 8, after “28.” by inserting “1.”.
Amend sec. 28, page 8, between lines 9 and 10, by inserting:
“2. The failure of a provider or other person to comply with the provisions of this act or to administer a service contract in the manner set forth in this act before January 1, 2000, is not admissible in any court, arbitration or alternative dispute resolution proceeding, and may not otherwise be used to prove that the action of any person or any provision of the service contract was unlawful or otherwise improper.”.
Amend sec. 29, page 8, by deleting line 10 and inserting:
“Sec. 28. This act becomes effective upon passage and approval for the purpose of adopting regulations and on January 1, 2000, for all other purposes.”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Assemblywoman Buckley moved that upon return from the printer Assembly Bill No. 673 be placed on the Chief Clerk’s desk.
Bill ordered reprinted, engrossed and to the Chief Clerk’s desk.
Assembly Bill No. 634.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 629.
Amend section 1, page 1, line 2, by deleting “8,” and inserting “12,”.
Amend the bill as a whole by deleting sections 2 and 3, renumbering sections 4 through 6 as sections 5 through 7 and adding new sections designated sections 2 through 4, following section 1, to read as follows:
“Sec. 2. 1. The board shall:
(a) Establish a special investigations unit to enforce the provisions of this chapter, consisting of criminal investigators and such other investigators as the board deems appropriate.
(b) Adopt regulations setting forth the qualifications required for investigators employed to carry out this section.
2. As used in this section, “criminal investigator” means a person employed to perform the duties set forth in subsection 2 of NRS 624.115.
Sec. 3. 1. The special investigations unit of the board shall:
(a) Upon the receipt of a complaint against a licensee, initiate an investigation of the complaint.
(b) Within 10 days after receiving such a complaint, notify the licensee and, if known, the person making the complaint of the initiation of the investigation, and provide a copy of the complaint to the licensee.
(c) Upon the completion of its investigation of a complaint, provide the licensee and, if known, the person making the complaint with written notification of any action taken on the complaint and the reasons for taking that action.
2. The special investigations unit of the board may attempt to resolve the complaint by:
(a) Meeting and conferring with the licensee and the person making the complaint; and
(b) Requesting the licensee to provide appropriate relief.
3. If the subject matter of the complaint is not within the jurisdiction of the board, or if the board or the special investigations unit is unable to resolve the complaint to the satisfaction of the person making the complaint, after exhausting all reasonable remedies and methods of resolution, the board or its designee shall:
(a) Forward the complaint, together with any evidence or other information in the possession of the board concerning the complaint, to any public or private agency which, in the opinion of the board, would be effective in resolving the complaint to the satisfaction of the person making the complaint; and
(b) Notify the person making the complaint of its action pursuant to paragraph (a) and of any other procedures which may be available to resolve the complaint to the satisfaction of that person.
Sec. 4. 1. If the executive officer of the board, based upon a preponderance of the evidence in his possession, has reason to believe that a licensee or applicant for a contractor’s license has committed an act which constitutes a cause for disciplinary action pursuant to NRS 624.300, he may issue or authorize the issuance of a written administrative citation to the licensee or applicant. A citation issued pursuant to this section may include, without limitation:
(a) An order to take action to correct a condition resulting from an act that constitutes a cause for disciplinary action, at the licensee’s or applicant’s cost;
(b) An order to pay an administrative fine; and
(c) An order to reimburse the board for the amount of the expenses incurred to investigate the licensee or applicant.
2. If a written citation issued pursuant to subsection 1 includes an order to take action to correct a condition resulting from an act that constitutes a cause for disciplinary action, the citation must state the time permitted for compliance, which must be not less than 15 days after the date the licensee or applicant receives the citation, and specifically describe the action required to be taken.”.
Amend sec. 4, page 2, by deleting lines 15 and 16 and inserting:
“1. Form of a written citation issued pursuant to section 4 of this act;”.
Amend sec. 4, page 2, line 19, by deleting “3” and inserting “4”.
Amend sec. 5, page 2, line 27, by deleting “3” and inserting “4”.
Amend sec. 5, page 2, by deleting lines 31 through 39 and inserting:
“(a) The facts forming the basis for the determination that the licensee or applicant has committed an act which constitutes a cause for disciplinary action;
(b) The time allowed to take any corrective action ordered;
(c) The amount of any administrative fine ordered;
(d) The amount of any order to reimburse the board for the expenses incurred to investigate the licensee or applicant; and
(e) Whether any corrective action described in the citation is reasonable.
3. If a licensee or applicant for a contractor’s license does not contest a citation issued pursuant to section 4 of this act within 15 days after the date that he receives”.
Amend sec. 5, page 2, by deleting line 43 and inserting:
“citation issued pursuant to section 4 of this act.”.
Amend sec. 6, page 3, line 2, after “citation” by inserting:
“issued pursuant to section 4 of this act”.
Amend the bill as a whole by renumbering sections 7 and 8 as section 10 and 11 and adding new sections designated sections 8 and 9, following sec. 6, to read as follows:
“Sec. 8. 1. The board or its designee shall, not less than annually:
(a) Review the complaints received by the board to ascertain whether there are any similarities or common trends among any of those complaints;
(b) Evaluate any of those complaints for which it is determined that the board does not have jurisdiction or that there is no violation of the provisions of this chapter or the regulations adopted pursuant thereto;
(c) Identify potential difficulties in the regulation of contractors and the protection of the public pursuant to this chapter; and
(d) Report any findings and recommendations for legislation to:
(1) The governor; and
(2) The legislature or, if the legislature is not in session, the legislative commission.
2. The board shall take such action as is necessary to keep the public informed of its activities pursuant to this section.
Sec. 9. 1. A licensee or an applicant for a contractor’s license must prove his financial responsibility by demonstrating that his past and current financial solvency and expectations for financial solvency in the future are such as to provide the board with a reasonable expectation that the licensee or applicant can successfully do business as a contractor without jeopardy to the public health, safety and welfare.
2. An applicant for the issuance or renewal of a contractor’s license must provide the board with a financial statement prepared by an independent certified public accountant and such other documentation as the board requires to determine his past and current financial solvency and expectations for financial solvency in the future.”.
Amend sec. 7, page 3, by deleting line 11 and inserting:
“4 of this act within 15 days after the receipt of the citation, or, if a”.
Amend sec. 7, page 3, line 14, after “3.” by inserting:
“Except as otherwise provided in subsection 2, failure to pay an administrative fine imposed pursuant to this chapter within 30 days after:
(a) Receiving notice of the imposition of the fine; or
(b) The final administrative or judicial decision affirming the imposition of the fine,
whichever occurs later.
4.”.
Amend the bill as a whole by renumbering sections 9 and 10 as sections 13 and 14 and adding a new section designated sec. 12, following sec. 8, to read as follows:
“Sec. 12. 1. Except as otherwise provided in this chapter, any person other than an applicant for a contractor’s license who takes an examination of the board on behalf of the applicant, is guilty of a misdemeanor.
2. Any person who, without the authorization of the board, provides any portion of an examination of the board to another person, is guilty of a misdemeanor.”.
Amend sec. 9, page 3, by deleting line 28 and inserting:
“2. The board may require criminal investigators who are employed by the board pursuant to section 2 of this act”.
Amend sec. 9, page 3, line 31, after “of” by inserting:
“a licensee or”.
Amend sec. 9, page 3, line 36, by deleting “NRS 624.230;” and inserting:
“the provisions of this chapter;”.
Amend sec. 9, page 3, line 39, by deleting “Violate” and inserting “Otherwise violate”.
Amend sec. 9, page 3, by deleting lines 41 and 42 and inserting:
“(c) Issue a written misdemeanor citation pursuant to NRS 171.1773 to a person who violates a provision of this chapter that is punishable as a misdemeanor. A criminal investigator may request any constable, sheriff or other peace officer to assist him in the issuance of such a citation.”.
Amend sec. 10, page 4, by deleting lines 16 through 25 and inserting:
“(a) Arrests;
(b) Guilty pleas;
(c) Sentencing;
(d) Probation;
(e) Parole;
(f) Bail;
(g) Complaints; and
(h) Final dispositions,”.
Amend sec. 10, page 4, by deleting line 28 and inserting:
“person engaged in construction knowingly:”.
Amend sec. 10, page 4, line 34, after “name,” by inserting:
“contractor’s license number”.
Amend sec. 10, page 4, by deleting lines 36 and 37 and inserting:
“(d) Commits any act of theft, forgery, fraud or embezzlement, in connection with a construction project, that violates a criminal statute of this state;”.
Amend the bill as a whole by renumbering sections 11 and 12 as sections 24 and 25 and adding new sections designated sections 15 through 23, following sec. 10, to read as follows:
“Sec. 15. NRS 624.170 is hereby amended to read as follows:
624.170 1. Any member of the board or the executive officer may take testimony and proofs concerning all matters within the jurisdiction of the board.
2. The board or any member thereof, or the executive officer, may:
(a) Administer oaths.
(b) Certify to all official acts.
(c) Issue subpoenas for the attendance of witnesses and the production of records, books and papers in connection with any hearing [before the board or any investigation by the board of an unlicensed contractor.] , investigation or other proceeding of the board.
Sec. 16. NRS 624.190 is hereby amended to read as follows:
624.190 1. The district court in and for the county in which any hearing , [or] investigation or other proceeding is held by the board may compel the attendance of witnesses, the giving of testimony and the production of records, books and papers as required by any subpoena issued by the board or the executive officer.
2. In case of the refusal of any witness to attend or testify or produce any [papers] items required by the subpoena , the board may report to the district court in and for the county in which the hearing , [or] investigation or other proceeding will be held by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the records, books or papers;
(b) The witness has been subpoenaed in the manner prescribed in this chapter; and
(c) The witness has failed and refused to attend or produce the [papers] items required by subpoena before the board in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him in the course of the hearing [or investigation,] , investigation or other proceeding,
and ask an order of the court compelling the witness to attend and testify or produce the records, books or papers before the board.
3. The court, upon petition of the board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended or testified or produced the records, books or papers before the board. A certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpoena was regularly issued by the board or the executive officer, the court shall thereupon enter an order that the witness appear before the board at the time and place fixed in the order and testify or produce the required records, books or papers. Upon failure to obey the order , the witness must be dealt with as for contempt of court.
Sec. 17. NRS 624.200 is hereby amended to read as follows:
624.200 The board may in any hearing , [or] investigation or other proceeding before it cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by the Nevada Rules of Civil Procedure for like depositions in civil actions in the district courts of this state, and to that end may compel the attendance of witnesses and the production of records, books and papers.
Sec. 18. NRS 624.210 is hereby amended to read as follows:
624.210 Any party to any hearing , [or] investigation or other proceeding before the board has the right to the attendance of witnesses in his behalf at the hearing , [or] investigation or other proceeding or upon deposition as set forth in this chapter upon making a request therefor to the board and designating the person sought to be subpoenaed.
Sec. 19. NRS 624.220 is hereby amended to read as follows:
624.220 1. The board may adopt regulations necessary to effect the classification and subclassification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage as defined by NRS 624.215 and the regulations of the board.
2. The board may limit the field and scope of the operations of a licensed contractor by establishing a monetary limit on a contractor’s license, and the limit must be the maximum contract a licensed contractor may undertake on one or more construction contracts on a single construction site or subdivision site for a single client. The board may take any other action designed to limit the field and scope of the operations of a contractor as may be necessary to protect the health, safety and general welfare of the public. The limit, if any, must be determined after consideration of the factors set forth in NRS 624.260, 624.263 and 624.265[.
3. Nothing contained in this section prohibits] and section 9 of this act.
3. This section does not prohibit a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which he is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.
Sec. 20. NRS 624.230 is hereby amended to read as follows:
624.230 1. It is unlawful for any person or combination of persons to:
(a) Engage in the business or act in the capacity of a contractor within this state; or
(b) Submit a bid on a job situated within this state,
without having [a] an active license therefor as provided in this chapter, unless that person or combination of persons is exempted from licensure [asprovided in this chapter.] pursuant to NRS 624.330.
2. The district attorneys in this state shall prosecute all violations of this section which occur in their respective counties, unless the violations are prosecuted by the attorney general. Upon the request of the board, the attorney general shall prosecute any violation of this section in lieu of prosecution by the district attorney.
3. In addition to any other penalty imposed pursuant to this chapter, a person who is convicted of violating subsection 1 may be required to pay:
(a) Court costs and the costs of prosecution;
(b) Reasonable costs of the investigation of the violation to the board;
(c) Damages he caused as a result of the violation up to the amount of his pecuniary gain from the violation; or
(d) Any combination of paragraphs (a), (b) and (c).
4. [Any bid submitted by a person who is neither licensed nor exempted from licensure as provided in this chapter at the time the bid is submitted is void.] If a person submits a bid or enters into a contract in violation of subsection 1, the bid or contract shall be deemed void ab initio.
Sec. 21. NRS 624.250 is hereby amended to read as follows:
624.250 1. To obtain a license, an applicant must submit to the board an application in writing containing [the] :
(a) The statement that the applicant desires the issuance of a license under the terms of this chapter.
(b) The street address or other physical location of the applicant’s place of business.
(c) The name of a person physically located in this state for service of process on the applicant.
(d) The street address or other physical location in this state and, if different, the mailing address, for service of process on the applicant.
(e) The names and residential and mailing addresses of any owners, partners, officers, directors, members and managerial personnel of the applicant.
(f) Any information requested by the board to ascertain the background, financial responsibility, experience, knowledge and qualifications of the applicant.
2. The application must be:
(a) Made on a form prescribed by the board in accordance with the rules and regulations adopted by the board.
(b) Accompanied by the fee fixed by this chapter.
3. If the applicant is a natural person, the application must include the social security number of the applicant.
Sec. 22. NRS 624.260 is hereby amended to read as follows:
624.260 1. The board shall require a licensee or an applicant for a contractor’s license to show such a degree of experience, financial responsibility and such general knowledge of the building, safety, health and lien laws of the State of Nevada and the [rudimentary] administrative principles of the contracting business as the board deems necessary for the safety and protection of the public.
2. An applicant may qualify in regard to his experience and knowledge in the following ways:
(a) If a natural person, he may qualify by personal appearance or by the appearance of his responsible managing employee.
(b) If a copartnership, a corporation or any other combination or organization, it may qualify by the appearance of the responsible managing officer or member of the personnel of the applicant firm.
3. The natural person qualifying on behalf of another natural person or firm under paragraphs (a) and (b) of subsection 2 must prove that he is a bona fide member or employee of that person or firm and when his principal or employer is actively engaged as a contractor shall exercise authority in connection with his principal or employer’s contracting business in the following manner:
(a) To make technical and administrative decisions;
(b) To hire, superintend, promote, transfer, lay off, discipline or discharge other employees and to direct them, either by himself or through others, or effectively to recommend such action on behalf of his principal or employer; and
(c) To devote himself solely to his principal or employer’s business and not to take any other employment which would conflict with his duties under this subsection.
4. A natural person may not qualify on behalf of another for more than one active license unless:
(a) One person owns at least 25 percent of each licensee for which he qualifies; or
(b) One licensee owns at least 25 percent of the other licensee.
Sec. 23. NRS 624.263 is hereby amended to read as follows:
624.263 1. [For the purposes of this chapter, financial responsibility means a past and present business record of solvency. If the applicant or contractor is a corporation, its] The financial responsibility of a licensee or an applicant for a contractor’s license must be established independently of and without reliance on [the assets of its officers, directors or stockholders,] any assets or guarantees of any owners or managing officers of the licensee or applicant, but the financial responsibility of [its officers and directors] any owners or managing officers of the licensee or applicant may be inquired into and considered as a criterion in determining the [corporation’s financial responsibility.]financial responsibility of the licensee or applicant.
2. The financial responsibility of an applicant for a contractor’s license or of a licensed contractor must be determined by using the following standards and criteria in connection with each applicant or contractor and each associate or partner thereof:
(a) Net worth.
(b) Amount of liquid assets.
(c) Prior payment and credit records.
(d) Previous business experience.
(e) Prior and pending lawsuits.
(f) Prior and pending liens.
(g) Adverse judgments.
(h) Conviction of a felony or crime involving moral turpitude.
(i) Prior suspension or revocation of a contractor’s license in Nevada or elsewhere.
(j) An adjudication of bankruptcy or any other proceeding under the federal bankruptcy laws, including:
(1) A composition, arrangement or reorganization proceeding;
(2) The appointment of a receiver of the property of the applicant or contractor or any officer, director, associate or partner thereof under the laws of this state or the United States; or
(3) The making of an assignment for the benefit of creditors.
(k) Form of business organization (corporate or otherwise).
(l) Information obtained from confidential financial references and credit reports.
(m) Reputation for honesty and integrity of the applicant or contractor or any officer, director, associate or partner thereof.
3. A licensed contractor shall, as soon as it is reasonably practicable, notify the board in writing upon the filing of a petition or application relating to the contractor that initiates any proceeding, appointment or assignment set forth in paragraph (j) of subsection 2. The written notice must be accompanied by:
(a) A copy of the petition or application filed with the court; and
(b) A copy of any order of the court which is relevant to the financial responsibility of the contractor, including any order appointing a trustee, receiver or assignee.”.
Amend sec. 11, page 5, by deleting lines 10 and 11 and inserting:
“[3.] (c) Entered a plea of nolo contendere, guilty or guilty but mentally ill to, been found guilty of or been convicted of a [felony or crime involving moral turpitude]crime”.
Amend sec. 11, page 5, line 18, by deleting “An” and inserting:
“Upon the request of the board, an”.
Amend sec. 11, page 5, by deleting line 25 and inserting:
“The applicant’s fingerprints may be taken by an agent of the board or an agency of law”.
Amend sec. 11, pages 5 and 6, by deleting lines 37 through 43 on page 5 and lines 1 through 4 on page 6, and inserting:
“(a) Arrests;
(b) Guilty pleas;
(c) Sentencing;
(d) Probation;
(e) Parole;
(f) Bail;
(g) Complaints; and
(h) Final dispositions,
for the investigation of a licensee or an applicant for a contractor’s license.”.
Amend the bill as a whole by renumbering sec. 13 as sec. 28 and adding new sections designated sections 26 and 27, following sec. 12, to read as follows:
“Sec. 26. NRS 624.283 is hereby amended to read as follows:
624.283 1. Each license issued under the provisions of this chapter expires 1 year after the date on which it is issued, except that the board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.
2. A license may be renewed by submitting to the board:
(a) An application for renewal;
(b) The statement required pursuant to NRS 624.268 if the holder of the license is a natural person; and
(c) The fee for renewal fixed by the board.
3. The board may require [the] a licensee to [submit] demonstrate his financial responsibility at any time [a] through the submission of:
(a) A financial statement that is prepared by [a] an independent certified public accountant[, if the board believes that:
(a) The licensee did not pay an undisputed debt;
(b) The licensee has violated or may be violating a provision of chapter 624 of NRS or a regulation adopted pursuant thereto; or
(c) The licensee’s financial responsibility may be impaired.] ; and
(b) If the licensee performs residential construction, such additional documentation as the board deems appropriate.
4. If a license is automatically suspended pursuant to subsection 1, the licensee may have his license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the board, if he is otherwise in good standing and there are no complaints pending against him. If he is otherwise not in good standing or there is a complaint pending, the board shall require him to provide a current financial statement prepared by [a] an independent certified public accountant or establish other conditions for reinstatement. If the licensee is a natural person, his application for renewal must be accompanied by the statement required pursuant to NRS 624.268. A license which is not reinstated within 6 months after it is automatically suspended may be canceled by the board, and a new license may be issued only upon application for an original contractor’s license.
Sec. 27. NRS 624.295 is hereby amended to read as follows:
624.295 If a member of the board becomes aware that any one or a combination of the grounds for initiating disciplinary action may exist as to a contractor in this state, the member of the board may inform the executive [director] officer of the board of the allegations. The executive [director,] officer, upon receiving such information shall take such actions as he deems appropriate under the circumstances.”.
Amend sec. 13, page 7, by deleting lines 19 and 20 and inserting:
“624.300 1. Except as otherwise provided in subsection [6,] 3, the board may:”.
Amend sec. 13, page 7, by deleting line 27 and inserting:
“cost[;] , that may consist of requiring the licensee to:
(1) Perform the corrective work himself;
(2) Hire and pay another licensee to perform the corrective work; or
(3) Pay to the owner of the construction project a specified sum to correct the condition; or”.
Amend sec. 13, page 8, by deleting lines 14 through 20 and inserting:
“[6. The board shall not take any disciplinary action pursuant to this section regarding a constructional defect, as that term is defined in NRS 40.615, during the period in which any claim arising out of that defect is being settled, mediated or otherwise resolved pursuant to NRS 40.600 to 40.695, inclusive, unless the disciplinary action is necessary to protect the public health or safety.]
7. If discipline is imposed pursuant to this section, including any discipline imposed pursuant to a stipulated settlement, the costs of the”.
Amend the bill as a whole by renumbering sections 14 and 15 as sections 34 and 35 and adding new sections designated sections 29 through 33, following sec. 13, to read as follows:
“Sec. 29. NRS 624.301 is hereby amended to read as follows:
624.301 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Abandonment without legal excuse of any construction project or operation engaged in or undertaken by the licensee as a contractor.
2. Abandonment of a construction project when the percentage of the project completed is less than the percentage of the total price of the contract paid to the contractor at the time of abandonment, unless the contractor is entitled to retain the amount paid pursuant to the terms of the contract or the contractor refunds the excessive amount paid within 30 days after the abandonment of the project.
3. Failure in a material respect on the part of a licensee to complete any construction project or operation for the price stated in the contract for the project or operation or any modification of the contract.
[3.] 4. Willful failure or refusal without legal excuse on the part of a licensee as a contractor to prosecute a construction project or operation with reasonable diligence, thereby causing material injury to another.
[4.] 5. Willful failure or refusal without legal excuse on the part of a licensee to comply with the terms of a construction contract or written warranty, thereby causing material injury to another.
Sec. 30. NRS 624.3011 is hereby amended to read as follows:
624.3011 1. The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
(a) Willful and prejudicial departure from or disregard of plans or specifications in any material respect without the consent of the owner or his authorized representative and the person entitled to have the particular construction project or operation completed in accordance with the plans and specifications.
(b) [Failure to respond to a claim arising out of a constructional defect, as that term is defined in NRS 40.615.
(c)] Willful or deliberate disregard and violation of:
(1) The building laws of the state or of any political subdivision thereof.
(2) The safety laws or labor laws of the state.
(3) Any provision of the Nevada health and safety laws or the regulations adopted thereunder relating to the digging, boring or drilling of water wells.
(4) The laws of this state regarding industrial insurance.
2. If a contractor performs construction without obtaining any necessary building permit, there is a rebuttable presumption that the contractor willfully and deliberately violated the building laws of this state or of its political subdivisions. [The board shall not require the contractor to obtain that permit more than 90 days after the construction is completed.]
Sec. 31. NRS 624.3012 is hereby amended to read as follows:
624.3012 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Diversion of [funds] money or property received for the completion of a specific construction project or operation or for a specified purpose in the completion of any construction project or operation to any other construction project or operation, obligation or purpose.
2. Willful or deliberate failure by any licensee or agent or officer thereof to pay any [moneys] money when due for any materials or services rendered in connection with his operations as a contractor, when he has the capacity to pay or when he has received sufficient [funds] money therefor as payment for the particular construction work, project or operation for which the services or materials were rendered or purchased, or the false denial of any such amount due or the validity of the claim thereof with intent to secure a discount upon such indebtedness or with intent to injure, delay or defraud the person to whom such indebtedness is due.
3. Failure to obtain the discharge or release of any lien recorded against the property to be improved by a construction project for the price of any materials or services rendered to the project by order of the contractor, when the contractor has received sufficient money therefor as payment for the project, within 75 days after the recording of the lien.
Sec. 32. NRS 624.3013 is hereby amended to read as follows:
624.3013 The following acts, among others, constitute cause for disciplinary action pursuant to NRS 624.300:
1. Failure to keep records showing all contracts, documents, receipts and disbursements by a licensee of all of his transactions as a contractor and to keep them open for inspection by the board or executive officer for a period of not less than 3 years after the completion of any construction project or operation to which the records refer.
2. Misrepresentation of a material fact by an applicant or licensee [in obtaining a license, or] in connection with any information or evidence furnished the board in connection with official matters of the board.
3. Failure to establish financial responsibility pursuant to NRS 624.220, 624.260, 624.263 and 624.265 and section 9 of this act at the time of renewal of the license or at any other time when required by the board.
4. Failure to keep in force the bond or cash deposit pursuant to NRS 624.270 for the full period required by the board.
5. Failure in any material respect to comply with the provisions of this chapter or the regulations of the board.
Sec. 33. NRS 624.3016 is hereby amended to read as follows:
624.3016 The following acts or omissions, among others, constitute cause for disciplinary action under NRS 624.300:
1. Any fraudulent or deceitful act committed in the capacity of a contractor . [whereby substantial injury is sustained by another.]
2. A conviction of a violation of section 12 of this act or a felony or a crime involving moral turpitude.
3. Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.
4. Failure to give a notice required by NRS 108.245 or 108.246.
5. Failure to comply with NRS 597.713, 597.716 or 597.719[.]or any regulations of the board governing contracts for the construction of residential pools and spas.
6. Failure to comply with NRS 624.321.
7. Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.”.
Amend sec. 14, page 8, line 31, after “transmission” by inserting:
“, on the Internet”.
Amend sec. 15, page 8, by deleting lines 36 through 39 and inserting:
“624.360 1. [Any person violating any of the provisions of this chapter:] It is unlawful for a person to commit any act or omission described in subsection 2 of NRS 624.3013, NRS 624.3014 or subsection 1, 3 or 7 of NRS 624.3016.
2. Any person who violates subsection 1, subsection 1 of NRS 624.230 or NRS 624.290, 624.305 or 624.307:
(a) For a first offense, is guilty of a misdemeanor and shall be punished by a fine of not [less than $500 nor] more than $1,000, and may be further punished by imprisonment in the county jail for”.
Amend sec. 15, page 9, by deleting line 7 and inserting:
“[2.]3. Imposition of [the] a penalty provided for in this section is not”.
Amend sec. 15, page 9, line 9, by deleting “inclusive.” and inserting:
“inclusive[.] , and section 10 of this act.”.
Amend the bill as a whole by renumbering sections 16 and 17 as sections 39 and 40 and adding new sections designated sections 36 through 38, following sec. 15, to read as follows:
“Sec. 36. NRS 171.17751 is hereby amended to read as follows:
171.17751 1. Any board of county commissioners or governing body of a city may designate the chief officer of the organized fire department or any employees designated by him, and certain of its inspectors of solid waste management, building, housing and licensing inspectors, zoning enforcement officers, parking enforcement officers, animal control officers, traffic engineers, and marshals and park rangers of units of specialized law enforcement established pursuant to NRS 280.125, to prepare, sign and serve written citations on persons accused of violating a county or city ordinance.
2. The state health officer and the health officer of each county, district and city may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law, ordinance or regulation of a board of health that relates to public health.
3. The chief of the manufactured housing division of the department of business and industry may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law or regulation of the division relating to the provisions of chapters 118B, 461, 461A and 489 of NRS.
4. The state contractors’ board may designate certain of its employees to prepare, sign and serve written citations on persons [accused of violating NRS 624.230.] pursuant to subsection 2 of NRS 624.115.
5. An employee designated pursuant to this section:
(a) May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which he works;
(b) May, if he is employed by a city or county, prepare, sign and serve a citation only to enforce an ordinance of the city or county by which he is employed; and
(c) Shall comply with the provisions of NRS 171.1773.
Sec. 37. NRS 278.610 is hereby amended to read as follows:
278.610 1. Except as otherwise provided in subsection 3, after the establishment of the position of building inspector and the filling of the position as provided in NRS 278.570, it is unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the territory covered by the building code or zoning regulations without obtaining a building permit from the building inspector.
2. The building inspector shall not issue any permit unless the plans of and for the proposed erection, construction, reconstruction, alteration or use fully conform to all building code and zoning regulations then in effect.
3. The provisions of subsection 1 do not apply to a school district to which the state public works board has delegated its powers and duties under NRS 393.110.
4. A building inspector shall not issue a building permit to a person acting for another unless the applicant proves to the satisfaction of the building inspector that he is licensed as a contractor for that work pursuant to the provisions of [NRS 624.230 to 624.320, inclusive.]chapter 624 of NRS.
Sec. 38. NRS 289.300 is hereby amended to read as follows:
289.300 1. A person employed as an investigator by the private investigator’s licensing board pursuant to NRS 648.025 has the powers of a peace officer.
2. A person employed as a criminal investigator by the state contractors’ board pursuant to section 2 of this act has the powers of a peace officer to carry out his duties pursuant to subsection 2 of NRS 624.115.”.
Amend the title of the bill to read as follows:
“AN ACT relating to contractors; providing for the establishment and duties of a special investigations unit; making various changes regarding the procedures and grounds for taking and the scope of disciplinary action against a contractor; requiring annual reports by the state contractors’ board; making various changes concerning constructional fraud, proceedings of the board, the prerequisites to obtaining and maintaining a license, the enforcement of licensing requirements and the imposition of administrative and criminal penalties for violations; providing additional administrative and criminal penalties; and providing other matters properly relating thereto.”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
general file and third reading
Assembly Bill No. 515.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 690.
Amend section 1, page 1, by deleting section 1 and inserting:
“Section 1. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sections 3 and 4 and inserting:
“Secs. 3 and 4. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sections 6 and 7 and inserting:
“Secs. 6 and 7. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sections 8 through 10 and inserting:
“Secs. 8-10. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sections 12 and 13 and inserting:
“Secs. 12 and 13. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sections 15 and 16 and inserting:
“Secs. 15 and 16. (Deleted by amendment.)”.
Amend sec. 17, page 7, line 2, by deleting:
“sections 15, 16 and” and inserting “section”.
Amend the bill as a whole by deleting sections 18 through 21 and inserting:
“Secs. 18-21. (Deleted by amendment.)”.
Amend the title of the bill to read as follows:
“AN ACT relating to health insurance; providing that a policy of health insurance must include a provision allowing a woman who is covered by the policy to have direct access to certain health care services for women; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides that policy of health insurance must include provision allowing woman who is covered to have direct access to certain health care services for women. (BDR 57‑254)”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 542 be taken from the Chief Clerk’s desk and placed on the General File for the next legislative day.
Motion carried.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Jo Marshall and Linda Lovelle.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Donny Duckett.
Assemblyman Perkins moved that the Assembly adjourn until Monday, April 19, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 1:25 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon