THE ONE HUNDRED AND ELEVENTH DAY

THE ONE HUNDRED AND ELEVENTH DAY

Carson City (Saturday), May 22, 1999

Assembly called to order at 9:59 a.m.

Mr. Speaker presiding.

Roll called.

All present except Assemblymen Carpenter, Evans and Williams, who were excused.

Prayer by the Chaplain, Betty Phenix.

Dear Lord, thank You for letting us all get here safely today. Please also not let anyone get food poisoning from Terry's cowboy kitchen. Watch over us in our legislative business here and help us to adjourn soon, so we can go out into the sun and enjoy ourselves at the softball game, where we will prevail and You will grant us a swift and decisive victory, by turning the enemy's throwing arms to rubber. 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.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 20, 1999

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed Assembly Bill No. 60.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Chamber, Carson City, May 21, 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. 279, 280, 305, 329, 411, 511.

Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 8, which was returned from the Governor in accordance with the provisions of Senate Concurrent Resolution No. 46.

Also, I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 47, 151, 181, 288, 341, 343, 344, 370, 493, 555, 656, 657, 658, 661, 674; Senate Bills Nos. 283, 308, 368; Assembly Joint Resolution No. 25.

Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 70.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 39, Amendment No. 1085; Assembly Bill No. 132, Amendment No. 793; Assembly Bill No. 142, Amendment No. 964; Assembly Bill No. 158, Amendments Nos. 956, 1053; Assembly Bill No. 182, Amendment No. 852; Assembly Bill No. 193, Amendment No. 1120; Assembly Bill No. 195, Amendment No. 810; Assembly Bill No. 198, Amendment No. 794; Assembly Bill No. 200, Amendment No. 1027; Assembly Bill No. 237, Amendment No. 1081; Assembly Bill No. 238, Amendment No. 1010; Assembly Bill No. 280, Amendment No. 930; Assembly Bill No. 298, Amendment No. 971; Assembly Bill No. 306, Amendment No. 970; Assembly Bill No. 313, Amendment No. 1061; Assembly Bill No. 318, Amendment No. 963; Assembly Bill No. 400, Amendment No. 1064; Assembly Bill No. 458, Amendments Nos. 995, 1072; Assembly Bill No. 470, Amendment No. 1104; Assembly Bill No. 473, Amendment No. 952; Assembly Bill No. 530, Amendment No. 822; Assembly Bill No. 569, Amendment No. 967; Assembly Bill No. 604, Amendment No. 968; Assembly Bill No. 614, Amendment No. 965; Assembly Bill No. 621, Amendments Nos. 959, 1052; Assembly Bill No. 628, Amendment No. 993; Assembly Bill No. 631, Amendments Nos. 913, 1086; Assembly Bill No. 635, Amendment No. 1002; Assembly Bill No. 668, Amendment No. 933; Assembly Bill No. 669, Amendment No. 896; Assembly Bill No. 680, Amendment No. 1073; Assembly Joint Resolution No. 1, Amendment No. 1012; Assembly Joint Resolution No. 13, Amendment No. 853, and respectfully requests your honorable body to concur in said amendments.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 15, Amendments Nos. 1096, 1122; Assembly Bill No. 130, Amendments Nos. 1080, 1124; Assembly Bill No. 154, Amendment No. 953; Assembly Bill No. 199, Amendment No. 1013; Assembly Bill No. 293, Amendment No. 999; Assembly Bill No. 332, Amendment No. 932; Assembly Bill No. 347, Amendment No. 1092; Assembly Bill No. 408, Amendment No. 1011; Assembly Bill No. 424, Amendments Nos. 966, 1115; Assembly Bill No. 429, Amendment No. 1055; Assembly Bill No. 431, Amendment No. 1119; Assembly Bill No. 486, Amendment No. 1108; Assembly Bill No. 504, Amendment No. 1089; Assembly Bill No. 533, Amendment No. 824; Assembly Bill No. 610, Amendment No. 1003, and respectfully requests your honorable body to concur in said amendments.

Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 912 to Senate Bill No. 10; Assembly Amendment No. 972 to Senate Bill No. 21; Assembly Amendment No. 1017 to Senate Bill No. 39; Assembly Amendment No. 1037 to Senate Bill No. 51; Assembly Amendment No. 947 to Senate Bill No. 61; Assembly Amendment No. 975 to Senate Bill No. 117; Assembly Amendment No. 773 to Senate Bill No. 181; Assembly Amendment No. 859 to Senate Bill No. 211; Assembly Amendment No. 941 to Senate Bill No. 244; Assembly Amendments Nos. 808, 1022 to Senate Bill No. 273; Assembly Amendment No. 935 to Senate Bill No. 310; Assembly Amendment No. 891 to Senate Bill No. 421; Assembly Amendment No. 883 to Senate Bill No. 537.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 776 to Senate Bill No. 16; Assembly Amendment No. 904 to Senate Bill No. 381.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Amodei, Porter and Care as a first Conference Committee concerning Senate Bill No. 30.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators McGinness, Porter and Wiener as a first Conference Committee concerning Senate Bill No. 242.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that the vote whereby Senate Bill No. 8 was passed be rescinded.

Motion carried unanimously.

Assemblyman Perkins moved that Senate Bill No. 8 be re-referred to the Committee on Commerce and Labor.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 279.

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

Motion carried.

Senate Bill No. 280.

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

Motion carried.

Senate Bill No. 283.

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

Motion carried.

Senate Bill No. 305.

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

Motion carried.

Senate Bill No. 308.

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

Motion carried.

Senate Bill No. 329.

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

Motion carried.

Senate Bill No. 368.

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

Motion carried.

Senate Bill No. 411.

Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.

Motion carried.

Senate Bill No. 511.

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

Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 94.

The following Senate amendment was read:

Amendment No. 784.

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

“Section 1. NRS 417.145 is hereby amended to read as follows:

417.145 1. The veterans’ home account is hereby established in the state general fund.

2. Money received by the executive director or the deputy executive director from:

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

(b) Other payments for medical care and services;

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

must be deposited with the state treasurer for credit to the veterans’ home account.

3. Interest and income must not be computed on the money in the veterans’ home account.

4. The veterans’ home account must be administered by the executive director, with the advice of the deputy executive director and the Nevada veterans’ services commission, and the money deposited in the veterans’ home account may only be expended for:

(a) The operation of veterans’ homes;

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

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

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

[3.] 5. Except as otherwise provided in subsection 7, gifts of personal property which the executive director or the deputy executive director is authorized to receive for the use of veterans’ homes:

(a) May be sold or exchanged if the sale or exchange is approved by the state board of examiners; or

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

6. All money in the veterans’ home account must be paid out on claims approved by the executive director as other claims against the state are paid.

7. The gift account for veterans’ homes is hereby established in the state general fund. The executive director [may accept any gift, grant or contribution made for the use of the account. Any such gift, grant or contribution of:

(a) Money] or the deputy executive director shall use gifts of money or personal property that he is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home, only in the manner designated by the donor. Gifts of money that the executive director or deputy executive director is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home must be deposited with the state treasurer for credit to the [account.

(b) Property other than money may be sold or exchanged if the sale or exchange is approved by the state board of examiners. Money received from the sale or exchange of property pursuant to this paragraph must be deposited with the state treasurer for credit to the account.

4.] gift account for veterans’ homes. The interest and income earned on the money in the gift account[,] for veterans’ homes, after deducting any applicable charges, must be credited to the gift account[.] for veterans’ homes. Any money remaining in the gift account for veterans’ homes at the end of each fiscal year does not lapse to the state general fund, but must be carried forward into the next fiscal year.

[5. All money in the account must be paid out on claims approved by the executive director as other claims against the state are paid.]

Sec. 2. NRS 417.147 is hereby amended to read as follows:

417.147 1. The executive director shall:

(a) Take such actions as are necessary for the maintenance and operation of [a veterans’ home] veterans’ homes in this state; and

(b) Apply for federal grants and other sources of money available for establishing [a veterans’ home.] veterans’ homes. Federal grants and other money received pursuant to this paragraph must be deposited with the state treasurer for credit to the veterans’ home account. A federal grant must be used only as permitted by the terms of the grant.

2. The first veterans’ home that is established in this state must be established at a location in southern Nevada determined to be appropriate by the interim finance committee. The interim finance committee shall give preference to a site that is zoned appropriately for the establishment of a veterans’ home, that affords minimum costs of maintenance and that is located in an area where the members of the families of the veterans can easily visit the veterans’ home. The site for the construction of the veterans’ home in southern Nevada must be:

(a) Located in reasonable proximity to:

(1) A public transportation system;

(2) Shopping centers; and

(3) A major hospital that has a center for the treatment of trauma which is designated as a level II center by the administrator of the health division of the department of human resources.

(b) Not less than 5 acres in area.

3. If an additional veterans’ home is authorized, it must be established in northern Nevada.”.

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

“Sec. 4. NRS 482.3763 is hereby amended to read as follows:

482.3763 1. The director shall order the preparation of special license plates in support of [a veterans’ home,] veterans’ homes, and establish procedures for the application for and issuance of the plates.

2. The department shall, upon application therefor and payment of the prescribed fees, issue special license plates in support of [a veterans’ home] veterans’ homes to any veteran of the Armed Forces of the United States or his spouse, parent or child. The plates must be inscribed with the word VETERAN and four consecutive numbers, and with the seal of the branch of the Armed Forces of the United States requested by the applicant.

3. If during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

(a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

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

4. In addition to all other applicable registration and license fees and motor vehicle privilege taxes, and to the special fee for [a veterans’ home,] veterans’ homes, the fee for:

(a) The initial issuance of the special license plates is $35.

(b) The annual renewal sticker is $10.

5. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of $10.

Sec. 5. NRS 482.3764 is hereby amended to read as follows:

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

(a) An initial set of special license plates, it shall collect a special fee for [a veterans’ home] veterans’ homes in the amount of $25.

(b) An annual renewal sticker, it shall collect a special fee for [a veterans’home] veterans’ homes in the amount of $20.

2. The department shall deposit any money collected pursuant to this section with the state treasurer for credit to the veterans’ home account.”.

Amend the title of the bill to read as follows:

“AN ACT relating to veterans’ affairs; revising certain provisions relating to the account for a veterans’ cemetery in northern Nevada, the account for a veterans’ cemetery in southern Nevada and the veterans’ home account; creating an account for veterans’ affairs, a gift account for veterans’ cemeteries and a gift account for veterans’ homes; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions relating to veterans’ affairs. (BDR 37‑455)”.

Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 94.

Remarks by Assemblyman Bache.

Motion carried.

The following Senate amendment was read:

Amendment No. 1032.

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

“Sec. 7. Section 2 of Senate Bill No. 379 of this session is hereby amended to read as follows:

Sec. 2. NRS 482.3764 is hereby amended to read as follows:

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

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

(1) Collect a special fee for veterans’ homes in the amount of $25[.] ; and

(2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in section 1 of Senate Bill No. 379 of this session.

(b) An annual renewal sticker, it shall [collect] :

(1) Collect a special fee for veterans’ homes in the amount of $20[.] ; and

(2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in section 1 of Senate Bill No. 379 of this session.

2. The department shall deposit any money collected pursuant to this section with the state treasurer for credit to the veterans’ home account.”.

Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 94.

Remarks by Assemblyman Bache.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 297.

The following Senate amendment was read:

Amendment No. 969.

Amend section 1, page 2, by deleting lines 30 through 33.

Amend section 1, page 2, line 34, by deleting “6.” and inserting “5.”.

Amend section 1, page 2, line 42, by deleting “7.” and inserting “6.”.

Amend the title of the bill, fourth and fifth lines, by deleting:

“authorizing a law enforcement agency to bring an action to compel the provision of such information;”.

Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 297.

Remarks by Assemblyman Bache.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 636.

The following Senate amendment was read:

Amendment No. 875.

Amend sec. 8, page 2, by deleting lines 12 through 14 and inserting:

“a single‑family residence from the owner of the residence.”.

Amend sec. 10, page 2, by deleting lines 36 through 39 and inserting:

“complaint with the board or its designee within 4 years after the completion of qualified services.”.

Amend sec. 14, page 4, line 26, by deleting the italicized semicolon and inserting an italicized period.

Amend sec. 14, page 4, by deleting line 29 and inserting:

“money in the account. Except as otherwise provided in subsection 3, the expenditures made by the board pursuant to this paragraph must not exceed $10,000 in any fiscal year.”.

Amend sec. 14, page 4, lines 32 and 33, by deleting:

“account, but not to exceed 10 percent of the account in any fiscal year,” and inserting “account”.

Amend sec. 14, page 4, by deleting line 37 and inserting:

“in the account to increase public awareness of the account. Except as otherwise provided in subsection 3, the expenditures made by the board”.

Amend sec. 14, page 4, line 38, by deleting “the expenditure”.

Amend sec. 14, page 4, between lines 39 and 40, by inserting:

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

Amend sec. 15, page 4, line 40, by deleting “1.”.

Amend sec. 15, pages 4 and 5, by deleting lines 42 and 43 on page 4 and lines 1 through 7 on page 5, and inserting “account.”.

Amend sec. 18, page 6, by deleting line 15 and inserting:

“(d) Any assessment required pursuant to section 9 of ”.

Amend sec. 20, page 8, line 11, by deleting “or 15”.

Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 636.

Remarks by Assemblywoman Buckley.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 432.

The following Senate amendment was read:

Amendment No. 948.

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

Amend sec. 3, page 1, after line 15, by inserting:

“2. An optometrist who has been issued a certificate to treat persons diagnosed with glaucoma pursuant to section 5 of this act shall refer a patient diagnosed with glaucoma to an ophthalmologist for treatment if any one of the following is applicable:

(a) The patient is under 16 years of age.

(b) The patient has been diagnosed with malignant glaucoma or neovascular glaucoma.

(c) The patient has been diagnosed with acute closed angle glaucoma. The provisions of this paragraph do not prohibit the optometrist from administering appropriate emergency treatment to the patient.

(d) The patient’s glaucoma is caused by diabetes, and, after joint consultation with a physician who is treating the diabetes and an ophthalmologist, the physician or ophthalmologist determines that the patient should be treated by an ophthalmologist. If an optometrist determines that a patient’s glaucoma is caused by diabetes, he shall consult with a physician and ophthalmologist in the manner provided in this paragraph.”.

Amend the title of the bill, third line, after “glaucoma” by inserting:

“, under certain circumstances,”.

Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 432.

Remarks by Assemblywoman Buckley.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 311.

The following Senate amendment was read:

Amendment No. 803.

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

“Section 1. NRS 610.010 is hereby amended to read as follows:

610.010 As used in this chapter, unless the context otherwise requires:

1. “Agreement” means a written and signed agreement of indenture as an apprentice.

2. “Apprentice” means a person who is covered by a written agreement, issued pursuant to a program with an employer, or with an association of employers or an organization of employees acting as agent for an employer.

3. “Disability” means, with respect to a person:

(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

(b) A record of such an impairment; or

4. “Program” means a program of training and instruction as an apprentice in an occupation in which a person may be apprenticed.

5. “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.”.

Amend sec. 4, page 3, by deleting line 33 and inserting:

“[~~section 501(c) of the Internal Revenue Code of 1954.]~~ 26 U.S.C. § 501(c).”.

Amend the bill as a whole by renumbering sections 5 through 13 as sections 7 through 15 and adding a new section designated sec. 6, following sec. 4, to read as follows:

“Sec. 6. NRS 613.320 is hereby amended to read as follows:

613.320 1. The provisions of NRS 613.310 to 613.435, inclusive, do not apply to:

[1.] (a) Any employer with respect to employment outside this state.

[2.] (b) Any religious corporation, association or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of its religious activities.

2. The provisions of NRS 613.310 to 613.435, inclusive, concerning unlawful employment practices related to sexual orientation do not apply to an organization that is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).”.

Amend sec. 12, page 9, between lines 2 and 3 by inserting:

“4. As used in this section, “sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.”.

Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 311.

Remarks by Assemblywoman Buckley.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 258.

The following Senate amendment was read:

Amendment No. 779.

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

“Section 1. NRS 597.490 is hereby amended to read as follows:

597.490 1. [Every]Each garageman shall display conspicuously in those areas of his place of business frequented by persons seeking repairs on motor vehicles a sign, not less than 22 inches by 28 inches in size, setting forth in boldface letters the following:

[STATE LAW REQUIRES THAT UPON REQUEST BY ANY PERSON AUTHORIZING REPAIRS TO A MOTOR VEHICLE, SUCH PERSON SHALL BE GIVEN A WRITTEN ESTIMATE OF TOTAL CHARGES FOR LABOR AND PARTS AND ACCESSORIES, AND THAT NO CHARGE MAY BE MADE EXCEEDING THE ESTIMATED AMOUNT BY 20 PERCENT OR $40, WHICHEVER IS LESS, WITHOUT THE CONSENT OF THE PERSON AUTHORIZING THE REPAIRS.]

STATE OF NEVADA

REGISTERED GARAGE

THIS GARAGE IS REGISTERED WITH THE
DEPARTMENT OF MOTOR VEHICLES AND PUBLIC SAFETY

NEVADA AUTOMOTIVE REPAIR CUSTOMER BILL OF RIGHTS

AS A CUSTOMER IN NEVADA:

YOU have the right to receive repairs from a business that is REGISTERED with the department of motor vehicles and public safety that will ensure the proper repair of your vehicle. (NRS 597.490)

YOU have the right to receive a WRITTEN ESTIMATE of charges for repairs made to your vehicle which exceed $50. (NRS 597.510)

YOU have the right to read and understand all documents and warranties BEFORE YOU SIGN THEM. (NRS 597.490)

YOU have the right to INSPECT ALL REPLACED PARTS and accessories that are covered by a warranty and for which a charge is made. (NRS 597.550)

YOU have the right to request that all replaced parts and accessories that are not covered by a warranty BE RETURNED TO YOU AT THE TIME OF SERVICE. (NRS 597.550)

YOU have the right to require authorization BEFORE any additional repairs are made to your vehicle if the charges for those repairs exceed 20% of the original estimate or $100, whichever is less. (NRS 597.520)

YOU have the right to receive a COMPLETED STATEMENT OF CHARGES for repairs made to your vehicle. (NRS 487.035)

YOU have the right to a FAIR RESOLUTION of any dispute that develops concerning the repair of your vehicle. (NRS 597.490)

FOR MORE INFORMATION PLEASE CONTACT:

THE DEPARTMENT OF BUSINESS AND INDUSTRY

CONSUMER AFFAIRS DIVISION

IN CLARK COUNTY: (702) 486-7355

ALL OTHER AREAS TOLL-FREE: 1-800-326-5202

2. The sign required pursuant to the provisions of subsection 1 must include a replica of the great seal of the State of Nevada. The seal must be 2 inches in diameter and be centered on the face of the sign directly above the words “STATE OF NEVADA.”

3. Any person who violates the provisions of this section is guilty of a misdemeanor.”.

Amend the bill as a whole by adding a new section designated sec. 19, following sec. 18, to read as follows:

“Sec. 19. In preparing the reprint and supplements to the Nevada Revised Statutes, the legislative counsel shall ensure that:

1. The word “You” at the beginning of each sentence included in the Nevada Automotive Repair Customer Bill of Rights set forth in section 1 of this act is printed in boldface letters; and

2. Each word that is underscored in those sentences is printed in boldface, underscored and italicized letters.”.

Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 258.

Remarks by Assemblywoman Buckley.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 536.

The following Senate amendment was read:

Amendment No. 926

Amend sec. 9, page 5, line 31, by deleting “transported” and inserting:

“moved on site”.

Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 536.

Remarks by Assemblywoman Buckley.

Motion carried.

The following Senate amendment was read:

Amendment No. 1047

Amend sec. 5, page 2, line 25, after “inclusive,” by inserting:

“[and] sections 2 and 3 of Assembly Bill No. 535 of this [~~act,]~~ session,”.

Amend sec. 5, page 2, line 27, after “inclusive,” by inserting:

“[and] section 2 of Assembly Bill No. 535 ofthis [~~act,]~~ session,”.

Amend sec. 5.5, page 2, line 42, after “substances” by inserting:

“or explosives”.

Amend sec. 6, page 3, line 16, after “459.387,” by inserting:

“[or] section 3 of Assembly Bill No. 535 of this [act,]session,”.

Amend sec. 6, page 3, line 23, after “459.387,” by inserting:

“[or] section 3 of Assembly Bill No. 535 of this [act,] session,”.

Amend sec. 7, page 4, line 13, by deleting “annual fee:” and inserting:

“the fee required pursuant to NRS 459.3824:”.

Amend sec. 7, page 5, line 16, after “459.387,” by inserting:

“[or] section 3 of Assembly Bill No. 535 of this [act,] session,”.

Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 536.

Remarks by Assemblywoman Buckley.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 134.

The following Senate amendment was read:

Amendment No. 924.

Amend sec. 2, page 1, line 4, by deleting “§” and inserting:

“§§ 300g-9 and”.

Amend sec. 6, page 2, by deleting lines 19 through 23 and inserting:

“that is not a community water system.”.

Amend sec. 12, page 3, line 15, by deleting “general” and inserting “[general]”.

Amend sec. 12, page 3, by deleting lines 18 and 19 and inserting:

“act, [used by residents of the state throughout the year] or regularly serves 25 or more persons . [for 60 or more days a year.]”.

Amend sec. 17, page 5, by deleting line 19 and inserting:

“comply with 40 C.F.R. Part 141, but the regulations do”.

Amend sec. 17, page 5, by deleting lines 27 and 28 and inserting:

“operation before October 1, 1999, to comply with 40 C.F.R. Part 141, but the regulations do not supersede any regulation of the”.

Amend sec. 23, page 8, by deleting lines 8 and 9 and inserting:

“Sec. 23. This act becomes effective upon passage and approval.”.

Amend the title of the bill, third line, by deleting “capacities” and inserting “capabilities”.

Assemblyman de Braga moved that the Assembly concur in the Senate amendment to Assembly Bill No. 134.

Remarks by Assemblyman de Braga.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 3.

The following Senate amendment was read:

Amendment No. 819.

Amend section 1, page 1, line 3, after “form” by inserting:

“that contains the basic information necessary”.

Amend section 1, page 1, line 9, by deleting “Each” and inserting:

“2. Except as otherwise provided in this subsection, each”.

Amend section 1, page 1, line 12, after “district.” by inserting:

“A school district may use an expanded form that contains additions to the form prescribed by the department if the basic information contained in the expanded form complies with the form prescribed by the department.”.

Amend section 1, page 1, line 13, by deleting “2.” and inserting “3.”.

Amend section 1, page 1, line 15, by deleting “3.” and inserting “4.”.

Amend section 1, page 2, line 13, by deleting “4.” and inserting “5.”.

Amend section 1, page 2, line 18, by deleting “5.” and inserting “6.”.

Amend section 1, page 2, line 22, by deleting “6.” and inserting “7.”.

Amend sec. 2, page 2, line 29, after “education” by inserting:

“or an expanded form authorized pursuant to subsection 2 of NRS 388.520 as amended by this act”.

Amend the title of the bill, third line, after “disabilities;” by inserting:

“authorizing school districts to use expanded forms that comply with the form prescribed by the department;”.

Assemblyman Collins moved that the Assembly concur in the Senate amendment to Assembly Bill No. 3.

Remarks by Assemblyman Collins.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 37.

The following Senate amendment was read:

Amendment No. 929

Amend section 1, page 2, line 4, after “shall,” by inserting:

“to the extent practicable and”.

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

“Sec. 2. NRS 386.320 is hereby amended to read as follows:

386.320 1. If the total pupil enrollment in the school district for the immediately preceding school year is less than 1,000:

(a) The clerk and president of the board of trustees may each receive a salary of $85 for each board of trustees meeting they attend, not to exceed $170 a month.

(b) The other trustees may each receive a salary of $80 for each board of trustees meeting they attend, not to exceed $160 a month.

(c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees, and the stenographer may be paid a reasonable fee for each meeting attended.

2. If the total pupil enrollment in the school district for the immediately preceding school year is 1,000 or more:

(a) The clerk and president of the board of trustees may each receive a salary of $85 for each board of trustees meeting they attend, not to exceed [$340] $510 a month.

(b) The other trustees may each receive a salary of $80 for each board of trustees meeting they attend, not to exceed [$320] $480 a month.

(c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees, and the stenographer may be paid a reasonable fee for each meeting attended.”.

Amend the title of the bill, fifth line, after “personnel;” by inserting:

“increasing the maximum salaries allowed for the members of the boards of trustees of certain school districts;”.

Amend the summary of the bill, second line, by deleting “personnel.” and inserting:

“personnel and increasing maximum salaries allowed for boards of trustees of certain school districts.”.

Assemblyman Collins moved that the Assembly concur in the Senate amendment to Assembly Bill No. 37.

Remarks by Assemblyman Collins.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 376.

The following Senate amendment was read:

Amendment No. 846.

Amend section 1, page 2, lines 7 and 8, by deleting:

“board of trustees.” and inserting:

“superintendent of schools of the school district.”.

Amend section 1, page 2, line 10, after “subsection 5” by inserting “or 6”.

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

Amend section 1, page 2, line 22, by deleting “section,” and inserting “subsection,”.

Amend section 1, page 2, between lines 26 and 27 by inserting:

“6. The board of trustees of a school district in a county that does not have a metropolitan police department created pursuant to chapter 280 ofNRS, may contract with the appropriate local law enforcement agency within the school district for the provision of police services in the public schools within the school district and on property therein that is owned by the school district.”.

Amend the title of the bill, fourth line, after “services;” by inserting:

“authorizing the boards of trustees of certain other school districts to contract with local law enforcement agencies for police services;”.

Assemblyman Collins moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 376.

Remarks by Assemblyman Collins.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 573.

The following Senate amendment was read:

Amendment No. 823.

Amend sec. 3, page 3, lines 26 and 27, by deleting:

“, except as otherwise provided in subsection 4,”.

Amend sec. 3, page 4, by deleting lines 6 through 12.

Amend sec. 4, page 4, lines 34 and 35, by deleting:

“, except as otherwise provided in subsection 4 of NRS 499.185,”.

Amend sec. 4, page 4, lines 40 and 41, by deleting:

“, except as otherwise provided in subsection 4 of NRS 449.185,”.

Amend the title of the bill, third and fourth lines, by deleting:

“authorizing the retention of certain employees with criminal histories under certain circumstances;”.

Assemblywoman Freeman moved that the Assembly concur in the Senate amendment to Assembly Bill No. 573.

Remarks by Assemblywoman Freeman.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 271.

The following Senate amendment was read:

Amendment No. 885.

Amend sec. 7, page 3, line 10, after “inclusive,” by inserting:

“and section 1 of Senate Bill No. 209 of this session,”.

Amend sec. 7, page 3, by deleting line 13 and inserting:

“482.4245, inclusive, and section 1 of Senate Bill No. 209 of this session by displaying a special permit or temporary placard to operate the vehicle”.

Assemblywoman Chowning moved that the Assembly concur in the Senate amendment to Assembly Bill No. 271.

Remarks by Assemblywoman Chowning.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 452.

The following Senate amendment was read:

Amendment No.949.

Amend the bill as a whole by renumbering sections 1 through 10 as sections 2 through 11 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. NRS 482.245 is hereby amended to read as follows:

482.245 1. The certificate of registration must contain upon the face thereof the date issued, the registration number assigned to the vehicle, the legal name and address of the registered owner, the county where the vehicle is to be based unless it is deemed to have no base, a description of the registered vehicle and such other statement of facts as may be determined by the department.

2. The certificate of ownership must contain upon the face thereof the date issued, the name and address of the registered owner and the owner or lienholder, if any, a description of the vehicle, any entries required by NRS 482.423 to 482.428, inclusive, a reading of the vehicle’s odometer as provided to the department by the person making the sale or transfer, the word “rebuilt” if it is a rebuilt vehicle, and such other statement of facts as may be determined by the department. The reverse side of the certificate of ownership must contain forms for notice to the department of a transfer of the title or interest of the owner or lienholder and application for registration by the transferee. If a new certificate of ownership is issued for a vehicle, it must contain the same information as the replaced certificate, except to the extent that the information has changed after the issuance of the replaced certificate.Except as otherwise required by federal law, the certificate of ownership of a vehicle which the department knows to have been stolen must not contain any statement or other indication that the mileage specified in the certificate or registered on the odometer is anything other than the actual mileage traveled by the vehicle, in the absence of proof that the odometer of the vehicle has been disconnected, reset or altered.”.

Amend the title of the bill, first line, after “vehicles;” by inserting:

“prohibiting the inclusion of certain statements regarding mileage in certain certificates of ownership;”.

Amend the summary of the bill, first line, by deleting “Revises” and inserting:

“Prohibits inclusion of certain statements regarding mileage in certificates of ownership of certain vehicles and revises”.

Assemblywoman Chowning moved that the Assembly concur in the Senate amendment to Assembly Bill No. 542.

Remarks by Assemblywoman Chowning.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 503.

The following Senate amendment was read:

Amendment No. 888.

Amend section 1, page 2, line 4, by deleting “agency or” and inserting:

“agency , an agent of the public defender’s officeor”.

Assemblywoman Chowning moved that the Assembly concur in the Senate amendment to Assembly Bill No. 503.

Remarks by Assemblywoman Chowning.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 59.

The following Senate amendment was read:

Amendment No. 733.

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

“Sec. 2. NRS 482.480 is hereby amended to read as follows:

482.480 There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

1. Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.

2. Except as otherwise provided in subsection 3:

(a) For each of the fifth and sixth such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $16.50.

(b) For each of the seventh and eighth such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $12.

(c) For each of the ninth or more such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $8.

3. The fees specified in subsection 2 do not apply:

(a) Unless the person registering the cars presents to the department at the time of registration the registrations of all of the cars registered to him.

(b) To cars that are part of a fleet.

4. For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.

5. For each transfer of registration, a fee of $6 in addition to any other fees.

6. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.317:

(a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or

(b) A fee of $50 for a registered owner of a dormant vehicle who canceled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first canceling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,

both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.

7. For every travel trailer, a fee for registration of $27.

8. For every permit for the operation of a golf cart, an annual fee of $10.

9. For every low-speed vehicle, as that term is defined in section 4 of this act, a fee for registration of $33.

Sec. 3. NRS 482.480 is hereby amended to read as follows:

2. Except as otherwise provided in subsection 3:

(a) For each of the fifth and sixth such cars registered to a person, a fee for registration of $16.50.

(b) For each of the seventh and eighth such cars registered to a person, a fee for registration of $12.

3. The fees specified in subsection 2 do not apply:

(a) Unless the person registering the cars presents to the department at the time of registration the registrations of all of the cars registered to him.

(b) To cars that are part of a fleet.

5. For each transfer of registration, a fee of $6 in addition to any other fees.

6. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.317:

(a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or

7. For every travel trailer, a fee for registration of $27.

8. For every permit for the operation of a golf cart, an annual fee of $10.

9. For every low-speed vehicle, as that term is defined in section 4 of this act, a fee for registration of $33.

Sec. 4. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

1. As used in this section, “low-speed vehicle” means a motor vehicle:

(a) Designed to carry not more than four persons;

(b) Designed to operate at a maximum speed of at least 20 but not more than 25 miles per hour;

(d) Having an unladen weight of less than 1,800 pounds; and

(e) Complying with the standards for safety of such a vehicle set forth in Federal Motor Safety Standard No. 500 at 49 CFR § 571.500.

2. If registered, a low-speed vehicle may be operated upon a highway where the posted speed limit is 35 miles per hour or less. A person shall not operate a low-speed vehicle upon a highway where the posted speed limit is greater than 35 miles per hour, except to cross such a highway at an intersection.”.

Amend sec. 4, page 5, by deleting lines 20 and 21 and inserting:

“Sec. 7. 1. This section and sections 2 and 4 of this act become effective on July 1, 1999.

2. Sections 1 and 5 of this act become effective on October 1, 1999.

3. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1999.

4. Section 3 of this act becomes effective at 12:01 a.m. on January 1, 2001.

5. Section 2 of this act expires by limitation on January 1, 2001.”.

Amend the title of the bill, third line, after “handicapped;” by inserting:

“requiring the registration of certain low-speed vehicles; limiting highways upon which a low-speed vehicle may be operated;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Clarifies provisions governing parking for handicapped persons and limits operation and requires registration of certain low-speed vehicles. (BDR 43‑132)”.

Assemblywoman Chowning moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 59.

Remarks by Assemblywoman Chowning.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 76.

The following Senate amendment was read:

Amendment No. 754.

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

“Sec. 2. NRS 482.3667 is hereby amended to read as follows:

482.3667 1. The department shall establish, design and otherwise prepare for issue personalized prestige license plates and shall establish all necessary procedures not inconsistent with this section for the application and issuance of [such]thoselicense plates.

2. The department shall issue personalized prestige license plates, uponthepayment of the prescribed fee, to any person who otherwise complies with the laws relating to the registration and licensing of motor vehicles or trailers for use on private passenger cars, motorcycles, trucks or trailers.

3. Personalized prestige license plates are valid for 12 months and are renewable upon expiration. [These]The plates may be transferred from one vehicle or trailer to another if the transfer and registration fees are paid as set [out]forthin this chapter. Any person transferring plates must be allowed a 1/12 reduction in fees for each calendar month remaining unused from the previous registration, applicable to the fees which are for the registration year for which the plates are being transferred.

4. In case of any conflict, the person who first [made application]appliedfor personalized prestige license plates and has continuously renewed [them by payment of]those plates by paying the required fee has priority.

5. The department may limit by regulation the number of letters , [and] numbersand symbols used and prohibit the use of inappropriate lettersor symbolsor combinations of letters [and numbers.] , numbers and symbols.

6. The department shall not assign to any person [not holding]who does not holdthe relevant office any letters , [and] numbersor symbols denoting that the holder holds a public office.”.

Amend the title of the bill, third line, after “silver;” by inserting:

“authorizing the department to use symbols on personalized prestige license plates;”.

Assemblywoman Chowning moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 76.

Remarks by Assemblywoman Chowning.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 492.

The following Senate amendment was read:

Amendment No. 996.

Amend section 1, page 2, line 1, by deleting “1,000” and inserting “100”.

Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 492.

Remarks by Assemblywoman Buckley.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 109.

The following Senate amendment was read:

Amendment No. 874.

Amend the bill as a whole by deleting sections 1 and 2 and renumbering sec. 3 as section 1.

Amend the title of the bill to read as follows:

“AN ACT relating to deceptive trade practices; revising the definition of “organization” for the purposes of determining the applicability of certain provisions relating to deceptive trade practices; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions relating to deceptive trade practices. (BDR 52‑292)”.

Assemblywoman Buckley moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 109.

Remarks by Assemblywoman Buckley.

Motion carried.

The following Senate amendment was read:

Amendment No. 1021.

Amend the bill as a whole by renumbering section 1 as sec. 10 and adding new sections designated sections 1 through 9, following the enacting clause, to read as follows:

“Section 1. Chapter 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

Sec. 3. “Informal market” means:

1. A gathering at which:

(a) Two or more persons offer personal property for sale or exchange;

(b) A fee is charged for the sale or exchange of personal property; or

2. A place at which personal property is offered or displayed for sale or exchange on more than six occasions in a period of 12 months,

whether held in a building, under cover or in the open air.

Sec. 4. “Informal merchant” means a person who does not have an established retail store in the county and who transports an inventory of goods to an informal market and displays the goods for sale, offers them for sale at retail or sells them at retail.

Sec. 5. The provisions of sections 2 to 8, inclusive, of this act do not apply to:

1. The sale or exchange of personal property organized for the sole benefit of a religious, educational or charitable purpose, if no part of any fee for admission or parking charged to vendors or prospective purchasers, or receipts from the sale or exchange, inures to the benefit of any private person participating in the organization or conduct of the gathering;

2. Offering for sale or displaying new personal property if all participants are manufacturers, their authorized representatives or distributors;

3. Business conducted in an industrial or commercial trade show;

4. The sale of a vehicle that is required to be registered or is the subject of a certificate of title issued in this state;

5. A farmers’ market or the sale of firewood or livestock;

6. The sale of the product of the seller’s art or craft;

7. Property, even if never used, whose style, packaging or material indicates that it was not recently manufactured or produced;

8. A sale by sample, catalog or brochure for future delivery;

9. The sale or exchange of personal property at an event which is held at the residence of the seller or one of the sellers of the personal property that is commonly referred to as a “garage sale” or “yard sale”; or

10. Presentation for sale made pursuant to a previous individual invitation to the prospective purchaser by the owner or occupant of the premises.

Sec. 6. 1. An informal merchant shall not offer for sale at an informal market, or knowingly allow the sale of, infant formula, medical devices, nonprescription drugs, cosmetics or products for personal care, unless the seller keeps available for public inspection a genuine written authorization from the manufacturer or distributor of the product sold.

2. As used in this section:

(a) “Infant formula” means food manufactured, packaged and labeled for consumption by children who have not attained 2 years of age.

(b) “Medical device” means:

(1) An article, or any part of an article, required pursuant to federal law to bear the label: “Caution: Federal law requires dispensing by or on the order of a physician”; or

(2) An article defined by federal law as a medical device which:

(I) Is intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease in man or other animals or to affect the structure or any function of the body of man or other animals;

(II) Does not achieve any intended purpose through chemical action within the body; and

(III) Does not depend upon being metabolized for the achievement of any intended purpose.

(c) “Nonprescription drug” means a nonnarcotic medicine or drug that may be sold without a prescription and is prepackaged for use by the customer or prepared by the manufacturer or producer for use by the customer. The term does not include herbal products, dietary supplements, botanical extracts or vitamins.

Sec. 7. 1. An informal merchant shall maintain a receipt for each purchase of unused property, containing:

(a) The date of the purchase;

(b) The name of the person from whom the property was acquired;

(d) The price paid for the property; and

(e) The signatures of the merchant and the person from whom the property was acquired.

2. It is unlawful for a merchant required by subsection 1 to maintain a receipt to:

(a) Falsify, obliterate or destroy the receipt;

(b) Refuse, or fail upon request, to produce the receipt for inspection within a time reasonable under the circumstances of the request, but an informal merchant need not keep such receipts on his person without reasonable notice; or

3. As used in this section, “unused property” means tangible personal property acquired by an informal merchant directly from the manufacturer, producer, wholesaler or retailer of the property in the ordinary course of business which has never been used since its manufacture or production or which is in its original, unopened package or container.

Sec. 8. An informal merchant who violates a provision of sections 2 to 7, inclusive, of this act is guilty of:

1. For the first offense, a misdemeanor.

2. For the second offense, a gross misdemeanor.

3. For the third or a subsequent offense, a category E felony and shall be punished as provided in NRS 193.130.

Sec. 9. 1. A person who, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits or reproduces a retail sales receipt or a Universal Product Code Label, is guilty of a category E felony and shall be punished as provided in NRS 193.130 and by a fine not exceeding three times the value represented on the retail sales receipts or the Universal Product Code Labels.

2. A person who, with intent to cheat or defraud a retailer, possesses 15 or more fraudulent receipts or Universal Product Code Labels, or possesses a device that manufactures fraudulent receipts or Universal Product Code Labels, is guilty of a category D felony and shall be punished as provided in NRS 193.130.”.

Amend the bill as a whole by adding a new section designated sec. 11, following section 1, to read as follows:

“Sec. 11. The amendatory provisions 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 trade practices; regulating the merchandise sold at informal markets and the records required to be kept; prohibiting certain use of retail sales receipts or Universal Product Code Labels; revising the definition of “organization” for the purposes of determining the applicability of certain provisions relating to deceptive trade practices; providing penalties; and providing other matters properly relating thereto.”.

Amend the summary of the bill by deleting “deceptive”.

Assemblywoman Buckley moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 109.

Remarks by Assemblywoman Buckley.

Motion carried.

Bill ordered transmitted to the Senate.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 22, 1999

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 527, Amendment No. 1103, and respectfully requests your honorable body to concur in said amendment.

Mary Jo Mongelli

Assistant Secretary of the Senate

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

Assembly in recess at 11: 00 a.m.

ASSEMBLY IN SESSION

At 11:29 a.m.

Mr. Speaker presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Assembly Bills Nos. 552 and 673; Senate Bills Nos. 47 and 167 be taken from the General File and placed on the General File for the next legislative day.

Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 112.

The following Senate amendment was read:

Amendment No. 812.

Amend sec. 2, page 1, line 6, by deleting “transported” and inserting:

“moved on site”.

Amend sec. 2, page 2, line 6, by deleting “transportation” and inserting “on-site movement”.

Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 112.

Remarks by Assemblywoman Buckley.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 451.

The following Senate amendment was read:

Amendment No. 925.

Amend section 1, page 1, line 6, by deleting “transported ” and inserting:

“moved on site”.

Amend section 1, page 1, by deleting line 7 and inserting:

“division shall schedule the inspections in such a manner as to provide an opportunity for participation by:”.

Amend the title of the bill to read as follows:

“AN ACT relating to explosives; providing for inspections by various state and local agencies of certain regulated facilities where certain explosives are manufactured, used, processed, handled, moved on site or stored; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Provides for inspections by various state and local agencies of certain regulated facilities where certain explosives are manufactured, used, processed, handled, moved on site or stored. (BDR 40‑777)”.

Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 451.

Remarks by Assemblywoman Buckley.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 283.

The following Senate amendment was read:

Amendment No. 1004.

Amend section 1, page 3, by deleting line 4 and inserting:

“NRS 599B.115 [;] , if the seller is required to obtain a work card; and”.

Amend sec. 2, page 3, line 14, by deleting “Each” and inserting:

“[Each] Except as otherwise provided in subsection 5, each”.

Amend sec. 2, page 3, line 18, by deleting “Each” and inserting:

“[Each] Except as otherwise provided in subsection 5, each”.

Amend sec. 2, page 3, between lines 36 and 37, by inserting:

“5. A person who is licensed or registered pursuant to chapter 119A or 645 of NRS is not required to obtain a work card pursuant to this section.”.

Amend sec. 3, page 4, by deleting lines 2 through 8 and inserting:

“relating to sporting events,] submitting to the division [a] :

(1) A copy of the work card obtained by:

[(1)] (I) The seller pursuant to subsection 1 of NRS 599B.115; and

[(2)] (II) Each principal officer, director, trustee, shareholder, [employee,] owner , partner and [partner] employee of the seller , and each salesman associated with the seller who is not an employee of the seller, pursuant to subsection 2 of NRS 599B.115[.] ; and

(2) If applicable, a statement listing each person who, pursuant to subsection 5 of NRS 599B.115, is not required to obtain a work card.”.

Amend the title of the bill, first line, by deleting “an applicant” and inserting “certain applicants”.

Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 283.

Remarks by Assemblywoman Buckley.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 515.

The following Senate amendment was read:

Amendment No. 1050.

Amend sec. 4.5, page 2, lines 7 and 8, by deleting:

“health care services for women” and inserting:

“gynecological or obstetrical services”.

Amend sec. 4.5, page 2, by deleting lines 18 through 23 and inserting:

“4. As used in this section, “primary care physician” has the meaning ascribed to it in NRS 695G.060.”.

Amend sec. 7.5, page 2, line 29, by deleting:

“health care services for women” and inserting:

“gynecological or obstetrical services”.

Amend sec. 7.5, pages 2 and 3, by deleting lines 39 through 42 on page 2 and lines 1 and 2 on page 3, and inserting:

“4. As used in this section, “primary care physician” has the meaning ascribed to it in NRS 695G.060.”.

Amend sec. 13.5, page 3, line 9, by deleting:

“health care services for women” and inserting:

“gynecological or obstetrical services”.

Amend sec. 13.5, page 3, by deleting lines 19 through 24 and inserting:

“4. As used in this section, “primary care physician” has the meaning ascribed to it in NRS 695G.060.”.

Amend sec. 16.5, page 3, lines 29 and 30, by deleting:

“health care services for women” and inserting:

“gynecological or obstetrical services”.

Amend sec. 16.5, pages 3 and 4, by deleting lines 40 through 43 on page 3 and lines 1 and 2 on page 4 and inserting:

“4. As used in this section, “primary care physician” has the meaning ascribed to it in NRS 695G.060.”.

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

“Sec. 17.5. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:

1. If a managed care organization contracts for the provision of emergency medical services, outpatient services or inpatient services with a hospital or other licensed health care facility that provides acute care and is located in a city whose population is less than 45,000 or a county whose population is less than 100,000, the managed care organization shall not:

(a) Prohibit an insured from receiving services covered by the health care plan of the insured at that hospital or licensed health care facility if the services are provided by a provider of health care with whom the managed care organization has contracted for the provision of the services;

(b) Refuse to provide coverage for services covered by the health care plan of an insured that are provided to the insured at that hospital or licensed health care facility if the services were provided by a provider of health care with whom the managed care organization has contracted for the provision of the services;

(c) Refuse to pay a provider of health care with whom the managed care organization has contracted for the provision of services for providing services to an insured at that hospital or licensed health care facility if the services are covered by the health care plan of the insured;

(d) Discourage a provider of health care with whom the managed care organization has contracted for the provision of services from providing services to an insured at that hospital or licensed health care facility that are covered by the health care plan of the insured; or

(e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care:

(1) To provide services to an insured that are covered by the health care plan of the insured at another hospital or licensed health care facility; or

(2) Not to provide services to an insured at that hospital or licensed health care facility that are covered by the health care plan of the insured.

2. Nothing in this section prohibits a managed care organization from informing an insured that enhanced health care services are available at a hospital or licensed health care facility other than the hospital or licensed health care facility described in subsection 1 with which the managed care organization contracts for the provision of emergency medical services, outpatient services or inpatient services.”.

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; prohibiting a managed care organization from committing certain acts that limit the accessibility of its insureds to services provided at certain hospitals and other licensed health care facilities with which the managed care organization has contracted; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes relating to services covered by policies of health insurance and health care plans. (BDR 57‑254)”.

Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 515.

Remarks by Assemblywoman Buckley.

Motion carried.

Bill ordered enrolled.

Assembly Bill No. 289.

The following Senate amendment was read:

Amendment No. 902.

Amend section 1, page 1, line 4, after “in” by inserting:

“a visitors’ area of”.

Amend section 1, page 1, line 7, after “in” by inserting:

“a visitors’ area of”.

Amend the title of the bill, second line, after “in the” by inserting:

“visitors’ areas of”.

Amend the summary of the bill, first line, after “in” by inserting:

“visitors’ areas of”.

Assemblyman Arberry moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 289.

Remarks by Assemblyman Arberry.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 615.

The following Senate amendment was read:

Amendment No. 854.

Amend the bill as whole by deleting sections 1 and 2 and renumbering sections 3 through 22 as sections 1 through 20.

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

“Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:

A person may sign a petition required under the election laws”.

Amend the bill as a whole by deleting section 23 and renumbering sections 24 through 46 as sections 21 through 43.

Amend sec. 24, page 11, by deleting line 42 and inserting:

“candidacy, a filing fee in an amount fixed by the governing body of the city by ordinance or resolution.”.

Amend sec. 31, page 15, line 34, by deleting “294A.160;” and inserting:

“294A.160[;] as of the last day of the first month after his election;”.

Amend sec. 31, page 15, by deleting line 38 and inserting:

“294A.160 during the period [~~since]~~ from the last date covered by his last report through December 31 of the immediately preceding year and the manner in which”.

Amend sec. 42, page 23, line 12, by deleting “chapter 686,”.

Amend sec. 42, page 23, by deleting line 13 and inserting:

“Assembly Bill No. 444 of this session, is hereby amended to read as”.

Amend sec. 42, page 23, by deleting lines 23 through 27 and inserting:

“3. All candidates for elective office must be voted upon by the”.

Amend sec. 42, page 23, line 29, by deleting “5.” and inserting “4.”.

Amend sec. 42, page 23, by deleting lines 38 through 41.

Amend sec. 43, page 24, line 2, by deleting “chapter 570,”.

Amend sec. 43, page 24, by deleting line 3 and inserting:

“Senate Bill No. 274 of this session, is hereby amended to read as”.

Amend sec. 43, page 24, line 6, by deleting “[~~1st]~~ first” and inserting “first”.

Amend sec. 43, page 24, line 7, by deleting “1985,” and inserting “2001,”.

Amend sec. 43, page 24, line 9, by deleting “two” and inserting:

“half of the”.

Amend sec. 43, page 24, line 11, by deleting “[~~1st]~~ first” and inserting “first”.

Amend sec. 43, page 24, line 12, by deleting “1987,” and inserting “2003,”.

Amend sec. 43, page 24, line 14, by deleting “two” and inserting:

“the other half of the”.

Amend sec. 43, page 24, line 19, by deleting:

“wards 2 and 4” and inserting:

“each even-numbered ward”.

Amend sec. 43, page 24, line 20, by deleting:

“wards 1 and 3” and inserting:

“each odd-numbered ward”.

Amend sec. 43, page 24, by deleting lines 30 through 32 and inserting:

“with the city clerk. All”.

Amend sec. 43, page 24, line 33, by deleting “which are”.

Amend sec. 43, pages 24 and 25, by deleting lines 35 through 41 on page 24 and line 1 on page 25, and inserting:

“6. If, in the primary election, regardless of the number of”.

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

“AN ACT relating to elections;”.

Assemblywoman Giunchigliani moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 615.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

Bill ordered transmitted to the Senate.

Recede From Assembly Amendments

Assemblyman Bache moved that the Assembly do not recede from its action on Senate Bill No. 369, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

Remarks by Assemblyman Bache.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Bache, Tiffany and Parnell as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 369.

Consideration of Senate Amendments

Assembly Bill No. 238.

The following Senate amendment was read:

Amendment No. 1010.

Amend section 1, page 1, line 11, by deleting “10,” and inserting “9,”.

Amend sec. 2, page 2, line 2, by deleting “10,” and inserting “9,”.

Amend sec. 3, page 2, line 3, by deleting “10,” and inserting “9,”.

Amend sec. 7, page 2, line 16, by deleting “10,” and inserting “9,”.

Amend sec. 7, page 2, line 17, after “act.” by inserting:

“The regulations must:

(a) Require the exclusion from the system of the name of a patient if the patient or, if the patient is a minor, a parent or legal guardian of the patient has not given his informed consent to the inclusion of the name of the patient in the system; and

(b) Establish a procedure for obtaining the informed consent required by paragraph (a).

3. The provisions of sections 3 to 9, inclusive, of this act do not authorize any prenatal genetic testing of children.”.

Amend sec. 8, page 2, line 18, by deleting “The” and inserting:

“Except as otherwise provided in subsection 2, the”.

Amend sec. 8, page 2, line 20, by deleting “Maintain” and inserting “Prepare”.

Amend sec. 8, page 2, by deleting lines 30 through 32 and inserting:

“2. The name of a patient must be excluded from the information prepared and made available pursuant to subsection 1 if the patient or, if the patient is a minor, a parent or legal guardian of the patient has not given his informed consent to the inclusion of the name of the patient in that information in the manner prescribed by the state board of health pursuant to section 7 of this act. The provisions of this subsection do not relieve the chief administrative officer of the duty of preparing and making available the information required by subsection 1.”.

Amend sec. 8, page 2, by deleting line 34 and inserting:

“the records and lists required to be prepared and made available pursuant to this section such”.

Amend sec. 9, page 3, line 3, after “defects;” by inserting “and”.

Amend sec. 9, page 3, by deleting lines 5 through 7 and inserting:

“with birth defects.”.

Amend sec. 9, page 3, by deleting lines 11 through 19 and inserting:

“who are employed by the health division or the University of Nevada School of Medicine.

(b) Any information obtained by the system that would reveal the identity of a patient remains confidential.

(c) Except as otherwise provided in subsection 3, information obtained by the system is used solely for the purposes set forth in subsection 1.”.

Amend the bill as a whole by deleting sec. 10 and renumbering sections 11 through 15 as sections 10 through 14.

Amend sec. 11, pages 3 and 4, by deleting lines 41 and 42 on page 3 and lines 1 and 2 on page 4, and inserting:

“4. “Fetal alcohol syndrome” includes fetal alcohol effects.

5. “Health division” means the health division of the department of human resources.

6. “Obstetric center” has the meaning ascribed to it in NRS 449.0155.

7. “Provider of health care or other services” means:

(a) A person who has been certified as a counselor or an administrator of an alcohol and drug abuse program pursuant to chapter 458 of NRS;

(b) A physician or a physician’s assistant who is licensed pursuant to chapter 630 of NRS and who practices in the area of obstetrics and gynecology, family practice, internal medicine, pediatrics or psychiatry;

(d) A licensed psychologist;

(e) A licensed marriage and family therapist;

(f) A licensed social worker; or

(g) A holder of a certificate of registration as a pharmacist.”.

Amend sec. 12, page 4, by deleting line 6 and inserting:

“[attendant on] attending or assisting in any way [whatever] any infant, or the mother of”.

Amend sec. 14, page 4, line 29, after “preventable” by inserting “or”.

Amend sec. 15, page 5, by deleting line 10 and inserting:

“449.720 Every patient of a medical facility, facility for the dependent or home for individual residential care”.

Amend sec. 15, page 5, line 21, by deleting “10,” and inserting “9,”.

Amend sec. 15, page 5, line 26, after “facility” by inserting “or home”.

Amend sec. 15, page 5, line 27, by deleting “facility.” and inserting “facility or home.”.

Amend sec. 15, page 5, line 30, after “facility” by inserting “or home”.

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

“Sec. 15. NRS 451.555 is hereby amended to read as follows:

451.555 1. Any person may:

(a) Make an anatomical gift for any of the purposes stated in subsection 1 of NRS 451.560;

(b) Limit an anatomical gift to one or more of those purposes; or

2. Except as otherwise provided in subsection 3, an anatomical gift may be made only by a document of gift signed by the donor. If the donor:

(a) Cannot sign, the document of gift must be signed by another person and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other and state that it has been so signed.

(b) Is less than 18 years of age, the document of gift must also be signed by two witnesses, one of whom is a parent or guardian of the donor and consents to the donation, at the direction and in the presence of the donor and of each other and state that it has been so signed.

3. If the donor is less than 12 years of age, the document of gift must be signed by a parent or guardian of the donor, on behalf of the donor, and two witnesses at the direction and in the presence of the parent or guardian and of each other and state that it has been so signed. The document is not required to be signed by the donor.

4. If a document of gift is imprinted on a donor’s driver’s license or identification card, the document of gift must comply with subsection 2. Revocation, suspension, expiration or cancellation of the license or card does not invalidate the anatomical gift.

5. A document of gift may authorize a particular physician to carry out the appropriate procedures. In the absence of such authorization or if the designated physician is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, technician or enucleator to carry out the appropriate procedures.

6. An anatomical gift by will takes effect upon the death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.

7. Except as otherwise provided in subsections 8 and 9, a donor may amend or revoke an anatomical gift, not made by will, only by:

(a) A signed statement;

(b) An oral statement made in the presence of two persons;

(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

8. Except as otherwise provided in subsection 9, a donor who is less than 18 years of age may, with the consent of his parent or guardian, amend or revoke an anatomical gift, not made by will, by:

(a) A signed statement;

(b) An oral statement made in the presence of two persons;

(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

9. A donor who is less than 12 years of age may not amend or revoke an anatomical gift. The parent or guardian who made the gift on behalf of the donor may amend or revoke an anatomical gift, not made by will, only by:

(a) A signed statement;

(b) An oral statement made in the presence of two persons;

(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

10. The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills in chapter 133 of NRS or as provided in subsection 7, 8 or 9.

11. An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor’s death. The intent of a donor to make an anatomical gift, as evidenced by a document of gift, may not be revoked by any member of the classes of persons set forth in subsection 1 of NRS 451.557.

12. A person may refuse to make an anatomical gift of his body or part by:

(a) A writing signed in the same manner as a document of gift;

(b) A statement imprinted on his driver’s license or identification card; or

During a terminal illness or injury, the refusal may be an oral statement or other form of communication.

13. In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under NRS 451.557.

14. In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, he shall make the refusal pursuant to subsection 12.

Sec. 16. NRS 451.560 is hereby amended to read as follows:

451.560 1. The following persons may become donees of anatomical gifts for the purposes stated:

(a) A hospital, physician, dentist or procurement organization, for transplantation, therapy, medical or dental education, research or advancement of medical or dental science;

(b) An accredited medical or dental school, college or university, for education, research or advancement of medical or dental science; or

2. An anatomical gift may be made to a designated donee or without designating a donee. If a donee is not designated or if the donee is not available or rejects the anatomical gift, the anatomical gift may be accepted by any hospital or procurement organization.

3. In the absence of evidence that an anatomical gift has been revoked by the donor, a document of gift must be presumed to be valid. If the donee knows of the decedent’s refusal or contrary indications to make an anatomical gift or that an anatomical gift by a member of a class having priority to act is opposed by a member of the same class or a prior class under subsection 1 of NRS 451.557, the donee shall not accept the anatomical gift.

Sec. 17. NRS 451.576 is hereby amended to read as follows:

451.576 1. Each hospital in this state, after consultation with other hospitals and procurement organizations, shall establish agreements or affiliations for coordination of procurement and use of human bodies and parts.

2. Except as otherwise required by the specific terms of an anatomical gift, an anatomical gift from a resident of this state must be offered to any residents of this state in need of transplantation or therapy before the anatomical gift may be used by another person.”.

Amend sec. 16, page 6, line 1, by deleting “10,” and inserting “9,”.

Amend sec. 17, page 6, line 9, by deleting “10,” and inserting “9,”.

Amend the bill as a whole by deleting sec. 18, renumbering sections 19 and 20 as sections 20 and 21 and adding a new section designated sec. 22, following sec. 20, to read as follows:

“Sec. 22. Sections 10 and 13 of this act become effective at 12:01 a.m. on October 1, 1999.”.

Amend the title of the bill, fourth line, after “system;” by inserting:

“making various changes to the Uniform Anatomical Gift Act;”.

Amend the summary of the bill, third line, by deleting “outcomes.” and inserting:

“outcomes and makes various changes to Uniform Anatomical Gift Act.”.

Assemblywoman Freeman moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 238.

Remarks by Assemblywoman Freeman.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 272.

The following Senate amendment was read:

Amendment No 994.

Amend the bill as a whole by deleting sections 1 and 2 and inserting new sections designated sections 1 through 16 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:

(c) The coverage provided by the policy may not meet the requirements of the financial responsibility laws of other states,

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 ifthe 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 is guilty of a misdemeanor. Except as otherwise provided in this subsection, in addition to any other penalty, a person sentenced pursuant to this subsection 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 policy [not later than 30 days after the fine is imposed,]of liability insurance by the time of sentencing, 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 find a person guilty or fine a person for a violation of paragraph (a), (b) or (c) ofsubsection 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 not more than $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend a portion of 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 485.187 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 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 is guilty of a misdemeanor. Except as otherwise provided in this subsection, in addition to any other penalty, a person sentenced pursuant to this subsection shall be punished by a fine of not less than $600 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 by the time of sentencing, 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 find a person guilty orfine 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 ofnot more than$1,000 for a violation of [paragraph (a), (b) or (c) of] subsection 1, and suspend a portion of thefine 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 in effect.

5. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a 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 withinthis state for a limited time.

Sec. 8. 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. 9. NRS 485.200 is hereby amended to read as follows:

485.200 [1.] The requirements [as] relating to security and suspension in NRS 485.190 to 485.300, inclusive, do not apply:

[(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. 10. 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] the division 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. 11. 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;

(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. 12. 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. 13. 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;

(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;

(d) The insured notifies the insurer that the original evidence of insurance has been lost.

Sec. 14. 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. 15. The amendatory provisions of section 6 of this act do not apply to offenses that were committed before October 1, 1999.

Sec. 16. 1. This section and section 14 of this act become effective on July 1, 1999.

2. Section 6 of this act becomes effective on October 1, 1999.

3. Sections 1 to 5, inclusive, 7 to 13, inclusive, and 15 of this act become effective on January 1, 2000.”.

Amend the title of the bill, first line, after “vehicles;” by inserting:

“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;”.

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

“SUMMARY—Revises provisions regarding requirements for liability insurance for motor vehicle that is registered or required to be registered in Nevada.”.

Assemblywoman Chowning moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 272.

Remarks by Assemblywoman Chowning.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 677.

The following Senate amendment was read:

Amendment No. 887.

Amend section 1, pages 1 and 2, by deleting lines 11 through 13 on page 1 and lines 1 and 2 on page 2 and inserting:

“706.791, inclusive, if at the time that the vehicle was impounded, the vehicle was in the care, custody or control of a lessee.”.

Amend section 1, page 2, by deleting lines 10 through 18 and inserting:

“3. Upon the receipt of a true copy of a written lease or rental agreement pursuant to subsection 2 which evidences that the vehicle impounded by the authority pursuant to NRS 706.476 was under the care, custody or control of a lessee and not the registered owner of the vehicle, the authority shall release the vehicle to the short-term lessor.”.

Assemblywoman Chowning moved that the Assembly concur in the Senate amendment to Assembly Bill No. 677.

Remarks by Assemblywoman Chowning.

Motion carried.

Bill ordered enrolled.

Recede From Assembly Amendments

Assemblywoman Buckley moved that the Assembly do not recede from its action on Senate Bill No. 16, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

Remarks by Assemblywoman Buckley.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Segerblom, Giunchigliani and Beers as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 16.

Recede From Assembly Amendments

Assemblywoman Chowning moved that the Assembly do not recede from its action on Senate Bill No. 381, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

Remarks by Assemblywoman Chowning.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Ohrenschall, McClain and Carpenter as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 381.

Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 18, 53, 71, 82, 86, 159, 309, 363, 392, 406, 457, 517, 520, 528, 539, 543, 583, 590, 591, 599, 637, 638, 641, 646; Assembly Concurrent Resolution No. 69; Senate Bills Nos. 10, 21, 32, 39, 50, 51, 61, 117, 139, 169, 181, 194, 211, 235, 244, 273, 287, 289, 300, 310, 338, 341, 366, 408, 421, 437, 442, 537; Senate Joint Resolutions Nos. 1, 3, 10, 12.

Assemblyman Perkins moved that the Assembly adjourn until Monday, May 24, 1999, at 11:00 a.m.

Motion carried.

Assembly adjourned at 11:57 a.m.

Approved: Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Jacqueline Sneddon

REGISTERED GARAGE

Speaker of the Assembly

Chief Clerk of the Assembly