THE SEVENTY-THIRD DAY
Carson City(Wednesday), April 14, 1999
Senate called to order at 11:28 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Richard Campbell.
Eternal and Ever Blessed God:
You have been gracious to us beyond measure. Many times we are not as grateful as we should be. We have failed You by neglecting rights and restricting freedoms. Forgive us when we overlook national wrong and justify injustice. Forgive us for decisions caused by prejudice or greed. Make us compassionate and fair to each other. Bless this Senate, give them guidance and courage as they act on behalf of the people. Bless our nation and state and help all of us to do Your will. Our prayers are given in Your Holy Name.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 216, 418, 437, 542, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Ann O’Connell, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which were referred Senate Bills Nos. 431, 435, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Transportation, to which was referred Senate Bill No. 387, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William R. O’Donnell, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, April 13, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 71, 111, 179, 219, 241, 267, 347, 461, 467, 473, 485, 494, 520, 544, 554, 583, 587, 631, 638, 639, 641, 646, 650.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 161 to Assembly Bill No. 20; Senate Amendment No. 157 to Assembly Bill No. 85.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 108, which was returned from the Governor in accordance with the provisions of Assembly Concurrent Resolution No. 34.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Senator Townsend moved that the vote whereby Assembly Bill No. 108 was passed be rescinded.
Remarks by Senator Townsend.
Motion carried.
Senator Townsend moved that Assembly Bill No. 108 be re-referred to the Committee on Commerce and Labor.
Remarks by Senator Townsend.
Motion carried.
Senator Neal moved that Senate Bill No. 91 be taken from the Secretary’s desk and placed on the General File.
Remarks by Senator Neal.
Motion carried.
Senator McGinness moved that Senate Bill No. 468 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator McGinness.
Motion carried.
Senator O’Donnell moved that the motion whereby Senate Bill No. 266 was re-referred to the Committee on Finance be rescinded.
Remarks by Senator O’Donnell.
Motion carried.
Senator O’Donnell moved that Senate Bill No. 266 be placed on the General File.
Remarks by Senator O’Donnell.
Motion carried.
Senator Amodei moved that Senate Bill No. 489 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Amodei.
Motion carried.
Senator Townsend moved that Senate Bills Nos. 461, 464 be taken from the Secretary’s desk and placed on the bottom of the General File.
Remarks by Senator Townsend.
Motion carried.
Senator Raggio moved that Senate Bills Nos. 216, 387, 418, 431, 435, 437, 542 be placed on the Second Reading File after the General File.
Remarks by Senator Raggio.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 71.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 111.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 179.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 219.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 241.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 267.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 347.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 461.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 467.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 473.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 485.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 494.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 520.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 544.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 554.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 583.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 587.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 631.
Senator Rawson moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
Assembly Bill No. 638.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 639.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 641.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 646.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 650.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 336.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 511.
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. Chapter 373 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In a county whose population is 400,000 or more, the commission must be composed of:
(a) Representatives selected by the following entities from among their members:
(1) Two by the board.
(2) Two by the governing body of the largest city.
(3) One by the governing body of each additional city in the county.
(b) Two nonvoting representatives of the state legislature selected by the legislative commission. The legislative commission shall appoint one member of the senate and one member of the assembly to serve for terms of 2 years.
2. Each representative who is a state legislator is entitled to receive from the legislative fund the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the commission or is otherwise engaged in the business of the commission plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207.
3. The first representatives must be selected within 30 days after passage of the ordinance creating the commission, and, except as otherwise provided in subsection 4, must serve until the next ensuing December 31 of an even-numbered year. The representative of any city incorporated after passage of the ordinance creating the committee must be selected within 30 days after the first meeting of the governing body, and, except as otherwise provided in subsection 4, must serve until the next ensuing December 31 of an even‑numbered year. Their successors must serve for terms of 2 years, and vacancies must be filled for the unexpired term.
4. The first representatives and the representative of any city incorporated after passage of the ordinance must serve until the next ensuing June 30 of an odd‑numbered year.”.
Amend sec. 2, page 2, by deleting lines 30 through 41 and inserting:
(a) Two by the board.
(b) Two by the governing body of the largest city.
(c) One by the governing body of each additional city in the county.”.
Amend sec. 2, page 3, line 1, by deleting “In” and inserting: “[In] Except as otherwise provided in subsection 3, in”.
Amend sec. 2, page 3, by deleting lines 15 and 16 and inserting: “passage of the ordinance creating the commission [, and, except as otherwise provided in subsection 5,] and must serve until the next ensuing December 31 of”.
Amend sec. 2, page 3, by deleting lines 19 and 20 and inserting: “meeting of the governing body [, and, except as otherwise provided in subsection 5,] and must serve until the next ensuing December 31 of an even‑”.
Amend sec. 2, page 3, by deleting lines 23 through 34 and inserting:
“[5. In counties whose population is 400,000 or more, the first representatives and the representative of any city incorporated after passage of the ordinance must serve until the next ensuing June 30 of an odd-numbered year.]”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 379.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 512.
Amend the bill as a whole by deleting sections 1 through 4 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The director shall approve the design and order the preparation of decals that may be affixed by the department, upon request, to special license plates issued pursuant to NRS 482.3763. The decals must:
(a) Display the emblem or other insigne of specific military units within particular branches of the Armed Forces of the United States;
(b) Be no more than 1 3/4 inches in height by 1 3/4 inches in width; and
(c) Be affixed to the right side of the license plates.
2. An applicant for the issuance or renewal of the special license plates described in NRS 482.3763 may obtain decals for those plates if:
(a) The military unit he requests to be displayed on the decals is a recognized unit within a particular branch of the Armed Forces of the United States;
(b) He meets the requirements set forth in NRS 482.3763; and
(c) He provides documentation which, in the determination of the department, provides reasonable proof of the identity of the applicant and proof of his status as a member of the specific military unit to be displayed on the decals.
3. The director may use or imitate a seal, emblem or other insigne of a unit within a branch of the Armed Forces of the United States only if that use or imitation complies with the provisions of 10 U.S.C. § 1057.
4. The department may adopt regulations governing the issuance of a decal described in subsection 1.
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 a veterans’ home in the amount of $25[.] ; and
(2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in section 1 of this act.
(b) An annual renewal sticker, it shall [collect] :
(1) Collect a special fee for a veterans’ home in the amount of $20[.] ; and
(2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in section 1 of this act.
2. The department shall deposit any money collected pursuant to this section with the state treasurer for credit to the veterans’ home account.
Sec. 3. NRS 482.500 is hereby amended to read as follows:
For a certificate of registration................................................................. $5.00
For every substitute number plate or set of plates................................. 5.00
For every duplicate number plate or set of plates................................ 10.00
For every decal displaying a county name................................................ .50
For every other decal (license plate sticker or tab)................................. 5.00
2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.
3. A fee must not be charged for a duplicate or substitute decal requested pursuant to section 1 of this act.
4. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
[4.] 5. As used in this section:
(a) “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.
(b) “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.”.
Amend the title of the bill to read as follows:
“AN ACT relating to motor vehicles; providing for the issuance of decals to affix to special license plates that display emblems or other insignia of specific military units within particular branches of the Armed Forces of the United States; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for issuance of decals for license plates that display emblems or other insignia of specific military units within particular branches of Armed Forces of United States. (BDR 43‑1253)”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 450.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 584.
Amend section 1, page 1, by deleting line 5 and inserting:
“(a) For a bus, truck or truck tractor having a declared gross weight of 10,000 pounds or more or a trailer or semitrailer having an unladen weight of 4,000 pounds or more, 35 percent of the manufacturer’s suggested retail price in Nevada;
(b) For a vehicle not subject to paragraph (a) which is first registered in Nevada on or after July 1, 2000; or”.
Amend section 1, page 1, line 8, by deleting “(b)” and inserting “(c)”.
Amend section 1, page 1, line 15, by deleting: “[35] 25 percent” and inserting: “[35 percent] the applicable percentage pursuant to subsection 1”.
Amend sec. 2, page 2, by deleting lines 18 and 19 and inserting:
“371.060 1. Except as otherwise provided in subsection 2, each vehicle first registered in Nevada on or after July 1, 2000, or the”.
Amend sec. 2, page 3, by deleting lines 8 through 11 and inserting:
“2. Each bus, truck or truck tractor having a declared gross weight of 10,000 pounds or more and each trailer or semitrailer having an unladen weight of 4,000 pounds or more must be depreciated by the department for the purposes of the”.
Amend sec. 2, page 3, line 18, by deleting “[75] 85” and inserting “75”.
Amend sec. 2, page 3, line 19, by deleting “[59] 75” and inserting “59”.
Amend sec. 2, page 3, line 20, by deleting “[47] 65” and inserting “47”.
Amend sec. 2, page 3, line 21, by deleting “[37] 55” and inserting “37”.
Amend sec. 2, page 3, line 22, by deleting “[28] 45” and inserting “28”.
Amend sec. 2, page 3, line 23, by deleting “[23] 35” and inserting “23”.
Amend sec. 2, page 3, line 24, by deleting “[20] 25” and inserting “20”.
Amend sec. 2, page 3, line 25, by deleting “[17] 15” and inserting “17”.
Amend sec. 2, page 3, line 26, by deleting “[15] 5” and inserting “15”.
Amend sec. 2, page 3, by deleting lines 27 through 30 and inserting:
“10 years or more.............................................................................. 13 percent
3. [Notwithstanding any other provision of this section,] Each vehicle not subject to the provisions of subsection 1 or 2 must be depreciated by the department for the purposes of the annual privilege tax according to the following schedule:
1 year............................................................................................ 85 percent
2 years........................................................................................... 75 percent
3 years........................................................................................... 65 percent
4 years........................................................................................... 55 percent
5 years........................................................................................... 45 percent
6 years........................................................................................... 35 percent
7 years........................................................................................... 25 percent
8 years........................................................................................... 15 percent
9 years or more.............................................................................. 5 percent
4. Except as otherwise provided in subsection 5, the minimum amount of privilege tax:”.
Amend sec. 2, page 3, line 32, by deleting “1999,” and inserting “2000,”.
Amend sec. 2, page 3, line 37, by deleting “1999,” and inserting “2000,”.
Amend sec. 2, page 3, line 41, by deleting “4.” and inserting:
“[4.] 5. The minimum amount of privilege tax on a bus, truck or truck tractor having a declared gross weight of 10,000 pounds or more or a trailer or semitrailer having an unladen weight of 4,000 pounds or more is $6.
6.”.
Amend sec. 6, page 6, line 20, by deleting “1, 2,”.
Amend sec. 6, page 6, line 22, after “2.” by inserting:
“Sections 1 and 2 of this act become effective on July 1, 2000.
3.”.
Amend sec. 6, page 6, line 24, by deleting “3.” and inserting “4.”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 353.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator McGinness moved that Senate Bill No. 522 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator McGinness.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 61.
Bill read third time.
Roll call on Senate Bill No. 61:
Yeas—21.
Nays—None.
Senate Bill No. 61 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 68.
Bill read third time.
Remarks by Senator Jacobsen.
Roll call on Senate Bill No. 68:
Yeas—21.
Nays—None.
Senate Bill No. 68 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 104.
Bill read third time.
Remarks by Senator Rawson.
Roll call on Senate Bill No. 104:
Yeas—21.
Nays—None.
Senate Bill No. 104 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 289.
Bill read third time.
Roll call on Senate Bill No. 289:
Yeas—21.
Nays—None.
Senate Bill No. 289 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 323.
Bill read third time.
Remarks by Senator Amodei.
Roll call on Senate Bill No. 323:
Yeas—21.
Nays—None.
Senate Bill No. 323 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 327.
Bill read third time.
Remarks by Senators Care, Neal and James.
Senator James disclosed that Helen Foley, who had assisted in his campaign, had lobbied on this bill.
Roll call on Senate Bill No. 327:
Yeas—21.
Nays—None.
Senate Bill No. 327 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 330.
Bill read third time.
Roll call on Senate Bill No. 330:
Yeas—21.
Nays—None.
Senate Bill No. 330 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rawson moved that Senate Bill 365 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Rawson.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 372.
Bill read third time.
Remarks by Senators Neal, O’Donnell, Raggio and Townsend.
Conflict of interest declared by Senators Raggio and Townsend.
Roll call on Senate Bill No. 372:
Yeas—19.
Nays—None.
Not Voting—Raggio, Townsend—2.
Senate Bill No. 372 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 397.
Bill read third time.
Roll call on Senate Bill No. 397:
Yeas—21.
Nays—None.
Senate Bill No. 397 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 410.
Bill read third time.
Roll call on Senate Bill No. 410:
Yeas—21.
Nays—None.
Senate Bill No. 410 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 420.
Bill read third time.
Roll call on Senate Bill No. 420:
Yeas—18.
Nays—Carlton, Neal, Titus—3.
Senate Bill No. 420 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 457.
Bill read third time.
Roll call on Senate Bill No. 457:
Yeas—21.
Nays—None.
Senate Bill No. 457 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 470.
Bill read third time.
Roll call on Senate Bill No. 470:
Yeas—21.
Nays—None.
Senate Bill No. 470 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 471.
Bill read third time.
Roll call on Senate Bill No. 471:
Yeas—21.
Nays—None.
Senate Bill No. 471 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 472.
Bill read third time.
Remarks by Senators Coffin and Titus.
Roll call on Senate Bill No. 472:
Yeas—21.
Nays—None.
Senate Bill No. 472 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 476.
Bill read third time.
Remarks by Senators Coffin, McGinness and Neal.
Roll call on Senate Bill No. 476:
Yeas—18.
Nays—Amodei, James, Titus—3.
Senate Bill No. 476 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 484.
Bill read third time.
Remarks by Senators Porter, Raggio, James and Coffin.
Senator Coffin moved to re-refer Senate Bill No. 484 to the Committee on Judiciary.
Motion lost.
Senator James moved that Senate Bill No. 484 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator James.
Motion carried.
Senate Bill No. 502.
Bill read third time.
Roll call on Senate Bill No. 502:
Yeas—21.
Nays—None.
Senate Bill No. 502 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 508.
Bill read third time.
Roll call on Senate Bill No. 508:
Yeas—21.
Nays—None.
Senate Bill No. 508 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 512.
Bill read third time.
Remarks by Senators Neal and James.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 1:12 p.m.
SENATE IN SESSION
At 1:16 p.m.
President Hunt presiding.
Quorum present.
Senator James moved that Senate Bill No. 512 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator James.
Motion carried.
Senate Bill No. 519.
Bill read third time.
Roll call on Senate Bill No. 519:
Yeas—19.
Nays—Mathews, Neal—2.
Senate Bill No. 519 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 523.
Bill read third time.
Roll call on Senate Bill No. 523:
Yeas—20.
Nays—O’Connell.
Senate Bill No. 523 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 528.
Bill read third time.
Roll call on Senate Bill No. 528:
Yeas—21.
Nays—None.
Senate Bill No. 528 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 529.
Bill read third time.
Roll call on Senate Bill No. 529:
Yeas—21.
Nays—None.
Senate Bill No. 529 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 534.
Bill read third time.
Remarks by Senators McGinness and Coffin.
Roll call on Senate Bill No. 534:
Yeas—21.
Nays—None.
Senate Bill No. 534 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 535.
Bill read third time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 631.
Amend section 1, page 1, line 5, by deleting “fund” and inserting “account”.
Amend section 1, page 2, line 3, by deleting: “account in the fund” and inserting: “subaccount in the account”.
Amend section 1, page 2, line 5, by deleting “account” and inserting “county’s subaccount”.
Amend section 1, page 2, lines 13 and 14 by deleting: “account in the fund” and inserting: “subaccount in the account”.
Amend section 1, page 2, line 35, by deleting “account;” and inserting “subaccount;”.
Amend section 1, page 3, line 7, by deleting “account.” and inserting “subaccount.”.
Amend section 1, page 3, line 20, by deleting: “account in the fund” and inserting: “subaccount in the account”.
Amend section 1, page 3, line 29, by deleting: “account in the fund” and inserting: “subaccount in the account”.
Amend section 1, page 3, line 33, by deleting: “account in the fund” and inserting: “subaccount in the account”.
Amend section 1, page 3, line 35, by deleting: “account in the fund” and inserting: “subaccount in the account”.
Amend section 1, page 3, line 39, by deleting: “account in the fund” and inserting: “subaccount in the account”.
Amend section 1, page 4, line 6, by deleting “fund” and inserting “account”.
Amend section 1, page 4, line 9, by deleting “fund” and inserting “account”.
Amend section 1, page 4, line 12, by deleting “fund;” and inserting “account;”.
Amend sec. 2, page 4, line 23, by deleting “account” and inserting “subaccount”.
Amend sec. 2, page 4, line 24, by deleting “fund” and inserting “account”.
Amend sec. 2, page 5, line 5, by deleting “account” and inserting “subaccount”.
Amend sec. 2, page 5, line 6, by deleting “fund” and inserting “account”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 536.
Bill read third time.
Roll call on Senate Bill No. 536:
Yeas—21.
Nays—None.
Senate Bill No. 536 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 538.
Bill read third time.
Roll call on Senate Bill No. 538:
Yeas—20.
Nays—Neal.
Senate Bill No. 538 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Joint Resolution No. 14.
Resolution read third time.
Remarks by Senators Rhoads, Titus, Raggio and Coffin.
Senator Titus requested that the following remarks be entered in the Journal.
Senator Rhoads:
Madam President, this is a very important resolution. It acknowledges the potential risk of global climate changes resulting from the emissions of greenhouse gases. It urges the governmental leaders to seek effective, affordable ways of addressing climate risk. The measure further points out, however, that if the U.S. Senate ratifies the Kyoto Protocol, this nation would be committed to significant reductions in emissions while 130 developing nations would be exempt from similar requirements, nations such as, China and Mexico. The resolution also highlights the 1997 adoption by the United States Senate in S.R. No. 98, which directs the United States to not adopt any agreement emerging from the Kyoto Summit that would impose undue economic burdens on Americans or reductions in emissions without also requiring commitments from developing nations, such as China and Mexico. Thus, Senate Joint Resolution No. 14 further urges the President not to present the Kyoto Protocol to the U.S. Senate for ratification.
Senator Titus:
Before you vote for this resolution, please consider the following facts. The Kyoto Protocol has already been signed by over 160 countries. It is a very reasonable, some would say modest, attempt to reduce emissions of greenhouse gases that most legitimate scientists believe are causing global warming. I say modest because the United States would be committed to reducing emissions only seven percent below our 1990 level. We would not have to reach this goal until ten years from now. We could get credit towards our emissions target by working with other countries on joint reduction projects. We could also buy emissions credits from those who have reached their targets. And finally, the protocol would have to be ratified by two-thirds of the Senate. There is no reason for us to oppose this protocol. Not only does it make good economic and environmental sense, but it also has plenty of built-in safeguards to protect the interests of this country.
Senator Rhoads:
In addressing the Minority Leader, it is true that we only have to slash the greenhouse emissions 7 percent by the year 2010. However, this could cost 2.4 million American jobs. It could cost the average American family $2700 per year. It would drive gasoline prices up somewhere between 35 and 50 cents. It would really create an economic hardship, particularly when the developing countries, such as China and Mexico, who are very competitive with America, would not have to have these drastic greenhouse standards. I urge you to support this resolution.
Senator Raggio:
Madam President, I didn’t speak on that issue, but I would like to ask a question. Who signed such a commitment for the United States without requiring all the other nations who pollute to sign the same type of agreement?
Senator Coffin:
It is true that 160 countries have signed that protocol. The U.S. sent many delegates to the convention. However, it was not approved by the countries. It is a long way from being ratified. It has to be ratified by 55 countries, and only 2 countries have ratified it so far. I seriously doubt we’ll ever see the ratification of Kyoto. I voted “no” on the bill because I thought that it was a bad signal to send at a time when we have serious climate effects and atmospheric problems in southern Nevada. We are about to go nonattainment at another time. I apologize to the chairman for having missed the meeting at which I would have voted “no” at that time.
Roll call on Senate Joint Resolution No. 14:
Yeas—14.
Nays—Care, Carlton, Coffin, Mathews, Neal, Titus, Wiener—7.
Senate Joint Resolution No. 14 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
Senate Bill No. 91.
Bill read third time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 615.
Amend sec. 2, page 1, by deleting lines 3 through 14 and inserting:
“Sec. 2. 1. A candidate whose name will appear on the ballot for the general election for the office of United States Senator or Representative in Congress or any statewide office may prepare a statement for inclusion in a publication to be prepared and distributed by the secretary of state.
2. The statement:
(a) May include the name, age and occupation of the candidate and a brief description of the education and qualifications of the candidate;
(b) Must be written on a form prescribed by the secretary of state;
(c) Must be authored by the candidate personally;
(d) Must be not more than 400 words in length; and
(e) Must not make reference to any other candidate or to the qualifications, character or activities of any other candidate.”.
Amend sec. 2, page 2, by deleting line 4 and inserting: “than 7 days after the date that his declaration of ”.
Amend sec. 2, page 2, by deleting lines 9 through 13 and inserting:
“6. The secretary of state may reject a statement if it is not in conformance with the provisions of subsection 2 or the regulations adopted by the secretary of state pursuant to section 3 of this act.”.
Amend the bill as a whole by deleting sec. 3 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. The secretary of state shall adopt regulations to carry out the provisions of this act.”.
Amend sec. 4, page 2, by deleting lines 37 and 38 and inserting: “nonpartisan office may be included in a statement prepared pursuant to section 2 of this act.”.
Amend the bill as a whole by deleting sections 5 through 10.
Amend the title of the bill to read as follows:
“AN ACT relating to elections; authorizing a candidate for certain elective offices to include a statement in a publication prepared by the secretary of state; establishing certain requirements regarding the information that is included in the statement; authorizing the secretary of state to adopt certain regulations; and providing other matters properly relating thereto.”.
Amend the summary of the bill, first line, by deleting: “on sample ballot.” and inserting: “in publication prepared by secretary of state.”.
Senator Neal moved the adoption of the amendment.
Remarks by Senator Neal.
Amendment adopted.
Senator Neal moved that Senate Bill No. 91 be re-referred to the Committee on Finance upon return from reprint.
Remarks by Senators Neal and Raggio.
Senator Neal withdrew his motion.
Senator Neal moved that Senate Bill No. 91 be placed on the Secretary’s desk upon return from reprint.
Motion carried.
Bill ordered reprinted, engrossed and to the Secretary’s desk.
Senate Bill No. 266.
Bill read third time.
Roll call on Senate Bill No. 266:
Yeas—21.
Nays—None.
Senate Bill No. 266 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 461.
Bill read third time.
Roll call on Senate Bill No. 461:
Yeas—19.
Nays—Carlton, Coffin—2.
Senate Bill No. 461 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 464.
Bill read third time.
Remarks by Senators Neal and Townsend.
Roll call on Senate Bill No. 464:
Yeas—21.
Nays—None.
Senate Bill No. 464 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
SECOND READING AND AMENDMENT
Senate Bill No. 216.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 524.
Amend section 1, page 1, by deleting lines 6 through 12 and inserting:
“2. The governing body may also fix a reasonable schedule of fees for the issuance of building permits. A schedule of fees so fixed does not apply to the State of Nevada [and its political subdivisions.] , the University and Community College System of Nevada or any school district, except that such entities may contract with the governing body to pay such fees for the issuance of building permits, the review of plans and the inspection of construction. Except as it may agree to in such a contract, a governing body is not required to provide for the review of plans or the inspection of construction with respect to a structure of the State of Nevada, the University and Community College System of Nevada or any school district.”.
Amend sec. 2, page 2, by deleting line 25 and inserting: “fees do not apply to the State of Nevada [and its political subdivisions.] , the University and Community College System of Nevada or any school district.”.
Amend sec. 3, page 2, by deleting line 35 and inserting: “fees do not apply to the State of Nevada [and its political subdivisions.] , the University and Community College System of Nevada or any school district.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the regulation of construction; revising provisions governing the payment of fees by public agencies to cities and counties; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing payment of fees by public agencies to cities and counties with regard to regulation of construction. (BDR 22‑267)”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 387.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 284.
Amend section 1, page 2, by deleting lines 7 through 19 and inserting: “cars that is maintained and used by the Nevada highway patrol pursuant to this section, the Nevada highway patrol shall not remove the operator of the tow car from the list, or restrict his use pursuant thereto, solely on the ground that the operator is insured under the same policy of insurance as another operator of a tow car who is included on the list and operates in the same geographical area.”.
Amend the bill as a whole by deleting sec. 2 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
“Sec. 2. 1. Not later than 10 days after the effective date of this act, the Nevada highway patrol shall add to the list of operators of tow cars maintained and used by it pursuant to the provisions of NRS 706.4485 any operator of a tow car who, was included on the list on June 30, 1998, and was subsequently removed from that list by the Nevada highway patrol solely on the ground specified in subsection 3 of that section.
2. An operator of a tow car who is added to the list pursuant to the provisions of subsection 1:
(a) Must remain on the list as long as he is qualified for inclusion on the list pursuant to the provisions of subsection 1 of NRS 706.4485.
(b) Does not have a cause of action for any damages incurred by him because of his removal from the list.
Sec. 3. This act becomes effective upon passage and approval.”.
Amend the title of the bill, second line, by deleting: “law enforcement agencies” and inserting: “the Nevada highway patrol”.
Amend the summary of the bill, first and second lines, by deleting: “law enforcement agencies” and inserting: “Nevada highway patrol”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senators O’Donnell, Shaffer, Care, James and Neal.
Motion carried on a division of the house.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Commerce and Labor, to which were referred Senate Bills Nos. 42, 44, 45, 55, 75, 132, 210, 334, 374, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Commerce and Labor, to which was referred Senate Bill No. 356, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Randolph J. Townsend, Chairman
Madam President:
Your Committee on Judiciary, to which was referred Assembly Concurrent Resolution No. 4, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Mark A. James, Chairman
Madam President:
Your Committee on Taxation, to which were referred Senate Bills Nos. 403, 521, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mike McGinness, Chairman
Senator Raggio moved that the Senate recess until 4 p.m.
Motion carried.
Senate in recess at 2:13 p.m.
SENATE IN SESSION
At 4:23 p.m.
President Hunt presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Senate Bills Nos. 42, 44, 45, 55, 75, 132, 210, 334, 374, 403, 521, be placed on the Second Reading File.
Remarks by Senator Raggio.
Motion carried.
Notice of Exemption
April 14, 1999
The Fiscal Analysis Division, pursuant to Joint Rule No. 14.6, has determined the exemption of the following bills: Senate Bills Nos.165, 411, which:
(a) Contain an appropriation;
(b) Authorize the expenditure by a state agency of sums not appropriated from the state general fund or the state highway fund;
(c) Create or increase any significant fiscal liability of the state; or
(d) Significantly decrease any revenue of the state.
The Legislative Counsel shall cause to be printed on the face of the bill or resolution the term “exempt” and a notation of the exemption must be included as a part of the history of the bill or resolution.
Daniel G. Miles
Fiscal Analysis Division
SECOND READING AND AMENDMENT
Senate Bill No. 42.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 175.
Amend section 1, page 2, by deleting lines 13 and 14 and inserting: “pursuant to this section as soon as practicable, but not later than [100] 50 weeks after the subsequent injury or death. A claim pursuant to this section must be submitted to the chief before July 1, 2000.”.
Amend section 1, page 2, by deleting line 21 and inserting:
“7. As used in this section [, “permanent] :
(a) “Chief” means the chief administrative officer of the industrial insurance regulation section of the division.
(b) “Permanent physical impairment” means any”.
Amend sec. 2, page 3, by deleting line 21 and inserting: “practicable, but not later than [100] 50 weeks after the injury or death. A claim against the subsequent injury fund for self-insured employers pursuant to this section must be submitted to the administrator before July 1, 2000.”.
Amend sec. 3, page 4, between lines 12 and 13, by inserting:
“3. A claim against the subsequent injury fund for self-insured employers pursuant to this section must be submitted to the administrator before July 1, 2000.”.
Amend sec. 4, page 5, by deleting line 6 and inserting: “practicable, but not later than [100] 50 weeks after the injury or death. A claim against the subsequent injury fund for associations of self-insured public or private employers pursuant to this section must be submitted to the board before July 1, 2000.”.
Amend sec. 5, page 5, after line 43, by inserting:
“3. A claim against the subsequent injury fund for associations of self-insured public or private employers pursuant to this section must be submitted to the board before July 1, 2000.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 44.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 107.
Amend the bill as a whole by renumbering sections 1 through 3 as sections 2 through 4 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 616B.386 is hereby amended to read as follows:
(a) Submit an application for membership to the board of trustees or third-party administrator of the association; and
(b) Enter into an indemnity agreement as required by NRS 616B.353.
2. The membership of the applicant becomes effective when each member of the association approves the application or on a later date specified by the association. The application for membership and the action taken on the application must be maintained as permanent records of the board of trustees.
3. Each member who is a member of an association during the 12 months immediately following the formation of the association must:
(a) Have a tangible net worth of at least $500,000; or
(b) Have had a reported payroll for the previous 12 months which would have resulted in a manual premium [calculated according to the regulations adopted pursuant to NRS 616B.206] of at least $15,000[.Any] , calculated in accordance with a manual prepared pursuant to subsection 4 of NRS 686B.1765.
4. An employer who seeks to become a member of the association [subsequently] after the 12 months immediately following the formation of the association must meet the requirement set forth in paragraph (a) or (b) of subsection 3 unless the commissioner adjusts the requirement for membership in the association after conducting an annual review of the actuarial solvency of the association pursuant to subsection 1 of NRS 616B.353.
[4.] 5. An association of self-insured private employers may apply to the commissioner for authority to determine the amount of tangible net worth and manual premium that an employer must have to become a member of the association. The commissioner shall approve the application if the association:
(a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the commissioner;
(b) Has a combined tangible net worth of all members in the association of at least $5,000,000;
(c) Has at least 15 members; and
(d) Has not been required to meet informally with the commissioner pursuant to subsection 1 of NRS 616B.431 during the 18-month period immediately preceding the date on which the association filed the application with the commissioner or, if the association has been required to attend such a meeting during that period, has not had its certificate withdrawn before the date on which the association filed the application.
6. An association of self-insured private employers may apply to the commissioner for authority to determine the documentation demonstrating solvency that an employer must provide to become a member of the association. The commissioner shall approve the application if the association:
(a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the commissioner;
(b) Has a combined tangible net worth of all members in the association of at least $5,000,000; and
c) Has at least 15 members.
7. The commissioner may withdraw his approval of an application submitted pursuant to subsection 5 or 6 if he determines the association has ceased to comply with any of the requirements set forth in subsection 5 or 6, as applicable.
8. Except as otherwise provided in NRS 616B.389, a member of an association may terminate his membership at any time. To terminate his membership, a member must submit to the association’s administrator a notice of intent to withdraw from the association at least 120 days before the effective date of withdrawal. The association’s administrator shall, within 10 days after receipt of the notice, notify the commissioner of the employer’s intent to withdraw from the association.
[5.] 9. The members of an association may cancel the membership of any member of the association in accordance with the bylaws of the association.
[6.] 10. The association shall:
(a) Within 30 days after the addition of an employer to the membership of the association, notify the commissioner of the addition and:
(1) If the association has not received authority from the commissioner pursuant to subsection 5 or 6, as applicable, provide to the commissioner all information and assurances for the new member that were required from each of the original members of the association upon its organization; or
(2) If the association has received authority from the commissioner pursuant to subsection 5 or 6, as applicable, provide to the commissioner evidence that is satisfactory to the commissioner that the new member is a member or associate member of the bona fide trade association as required pursuant to paragraph (a) of subsection 2 of NRS 616B.350, a copy of the indemnity agreement that jointly and severally binds the new member, the other members of the association and the association that is required to be executed pursuant to paragraph (a) of subsection 1 of NRS 616B.353 and any other information the commissioner may reasonably require to determine whether the amount of security deposited with the commissioner pursuant to paragraph (d) or (e) of subsection 1 of NRS 616B.353 is sufficient, but such information must not exceed the information required to be provided to the commissioner pursuant to subparagraph (1);
(b) Notify the commissioner and the administrator of the termination or cancellation of the membership of any member of the association within 10 days after the termination or cancellation; and
[(b)] (c) At the expense of the member whose membership is terminated or canceled, maintain coverage for that member for 30 days after notice is giv en pursuant to paragraph [(a),] (b), unless the association first receives notice from the administrator that the member has:
(1) Provided and secured compensation according to the terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS for any injury sustained by an employee arising out of and in the course of his employment;
(2) Been certified as a self-insured employer pursuant to NRS 616B.312; or
(3) Become a member of another association of self-insured public or private employers.
[7.] 11. If a member of an association changes his name or form of organization, the member remains liable for any obligations incurred or any responsibilities imposed pursuant to chapters 616A to 617, inclusive, of NRS under his former name or form of organization.
[8.] 12. An association is liable for the payment of any compensation required to be paid by a member of the association under chapters 616A to 616D, inclusive, or chapter 617 of NRS during his period of membership. The insolvency or bankruptcy of a member does not relieve the association of liability for the payment of such compensation.”.
Amend section 1, page 3, line 19, after “(a)” by inserting:
“Within 30 days after the addition of an employer to the membership of the association, notify the commissioner of the addition and:
(1) If the association has not received authority from the commissioner pursuant to subsection 5 or 6, as applicable, provide to the commissioner all information and assurances for the new member that were required from each of the original members of the association upon its organization; or
(2) If the association has received authority from the commissioner pursuant to subsection 5 or 6, as applicable, provide to the commissioner evidence that is satisfactory to the commissioner that the new member is a member or associate member of the bona fide trade association as required pursuant to paragraph (a) of subsection 2 of NRS 616B.350, a copy of the indemnity agreement that jointly and severally binds the new member, the other members of the association and the association that is required to be executed pursuant to paragraph (a) of subsection 1 of NRS 616B.353 and any other information the commissioner may reasonably require to determine whether the amount of security deposited with the commissioner pursuant to paragraph (d) or (e) of subsection 1 of NRS 616B.353 is sufficient, but such information must not exceed the information required to be provided to the commissioner pursuant to subparagraph (1);
(b)”.
Amend section 1, page 3, line 22, by deleting “(b)” and inserting “[(b)] (c)”.
Amend section 1, page 3, line 24, by deleting “(a),” and inserting “[(a),] (b),”.
Amend sec. 4, page 4, by deleting lines 25 through 27 and inserting:
“Sec. 5. 1. This section and sections 1, 3 and 4 of this act become effective upon passage and approval.
2. Section 1 of this act expires by limitation on July 1, 1999.
3. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1999.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 45.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 292.
Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 647 of NRS is hereby amended by adding thereto a new section to read as follows:
A person who is described in subsection 2 of NRS 647.018:
1. Shall comply with the provisions of NRS 647.110, 647.120 and 647.130; and
2. Is subject to the provisions of NRS 647.140 and 647.145.
Sec. 2. NRS 647.018 is hereby amended to read as follows:
2. The term does not include a person who engages in the business of buying or selling secondhand firearms or any antique parts, accessories or other equipment relating to those firearms if:
(a) The person engages in that business at a show that:
(1) Is held at:
(I) A convention facility which is owned or operated by and located on the premises of a resort hotel; or
(II) A recreational facility which is owned or operated by a county fair and recreation board; and
(2) Is conducted for not more than 7 days during any 6‑month period; and
(b) The person has been issued a license as a manufacturer, importer, dealer or collector pursuant to the provisions of 18 U.S.C. § 923.”.
Amend the title of the bill to read as follows:
“AN ACT relating to property; revising the definition of “secondhand dealer” to exclude certain persons who engage in the business of buying or selling secondhand firearms under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill, first line, by deleting: “definitions of “junk dealer” and” and inserting “definition of”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 55.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 176.
Amend the bill as a whole by deleting sections 1 through 40 and adding new sections designated sections 1 through 15, following the enacting clause, to read as follows:
“Section 1. Chapter 616C of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Insofar as practicable, a hearing officer or an appeals officer shall, with respect to each appeal or contested claim for compensation, author and explain fully the decision he renders, including, without limitation, an explanation of the reasons for the decision.
Sec. 3. The senior appeals officer shall:
1. At least twice each year, conduct an evaluation of the performance of each of the other appeals officers employed by the hearings division of the department of administration. In conducting an evaluation pursuant to this section, the senior appeals officer shall determine whether the appeals officer being evaluated has:
(a) Met the standards for performance prescribed by the chief of the hearings division pursuant to NRS 616C.295; and
(b) Rendered decisions in contested claims for compensation in a timely manner as required pursuant to subsection 5 of NRS 616C.360.
2. Within 15 days after completing an evaluation pursuant to subsection 1, prepare a written report of the evaluation and transmit a copy to the chief of the hearings division of the department of administration for compilation pursuant to NRS 616C.295.
3. In accordance with the requirements for training and continuing education, standards and procedures prescribed by the chief of the hearings division of the department of administration pursuant to NRS 616C.295, provide training to each of the other appeals officers employed by the hearings division.
Sec. 4. 1. The commission to recommend appeals officers, consisting of five members, is hereby created. The membership of the commission consists of:
(a) One member appointed by the governor to represent the interests of:
(1) Self-insured employers;
(2) Associations of self-insured public or private employers; and
(3) Private carriers.
(b) One member appointed by the governor to represent the interests of the system.
(c) Two members appointed by the governor to represent the interests of employees, one of whom must represent the interests of employees who are members of organized labor.
(d) One member appointed by the board of governors of the State Bar of Nevada or its successor organization.
2. After the initial appointments, members of the commission serve terms of 4 years, except when appointed to fill unexpired terms.
3. The commission shall elect a chairman from among its members.
4. A vacancy occurring in the membership of the commission must be filled in the same manner as the original appointment.
5. The commission shall meet at the call of the chairman or at the request of a majority of the members of the commission.
6. Whenever practicable, the commission shall hold its meetings through the use of electronic communication, unless doing so would violate the provisions of chapter 241 of NRS.
7. The members of the commission serve without compensation, except that while engaged in the business of the commission, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 5. 1. If the governor determines that:
(a) The term of an appeals officer is about to expire; or
(b) The appointment of one or more additional appeals officers or special appeals officers is necessary or desirable to conduct hearings in contested claims for compensation pursuant to NRS 616C.360,
the governor shall notify the commission to recommend appeals officers at least 45 days before the date on which the term of the appeals officer will expire or on which the additional appeals officer or special appeals officer will be appointed. If the governor intends to reappoint an appeals officer whose term is about to expire, the governor shall notify the commission to recommend appeals officers of that fact.
2. Except as otherwise provided in this subsection, within 30 days after the receipt of the notice described in subsection 1, the commission to recommend appeals officers shall provide to the governor a list of three nominees for appointment to the position of appeals officer or special appeals officer, as appropriate. If the governor has provided notice of intent to reappoint an appeals officer pursuant to subsection 1, the commission to recommend appeals officers shall:
(a) Conduct an evaluation of the performance of the appeals officer during the immediately preceding term, including, without limitation, an evaluation of the performance of the appeals officer with respect to the standards adopted pursuant to NRS 616C.295; and
(b) Provide to the governor a recommendation regarding whether the appeals officer should be reappointed.
3. In appointing an appeals officer or special appeals officer pursuant to NRS 616C.340, the governor shall consider, but is not bound by, a list of nominees provided or a recommendation made by the commission to recommend appeals officers pursuant to this section.
Sec. 6. NRS 616C.295 is hereby amended to read as follows:
616C.295 The chief of the hearings division of the department of administration shall:
1. Prescribe by regulation [the] :
(a) The qualifications and training required before a person may, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, serve as a hearing officer. Training for a hearing officer must include techniques of mediation.
(b) The training and continuing education required of each person employed by the hearings division as an appeals officer.
(c) Standards for the performance of appeals officers in handling appeals and contested claims for compensation, including, without limitation, standards that require an appeals officer to render a decision in each appeal and contested claim in a manner that is consistent with:
(1) Legal authority; and
(2) Other decisions, if any, rendered by that appeals officer with respect to appeals and contested claims in which the facts and issues were substantially similar.
(d) Procedures to improve the performance of an appeals officer whom the senior appeals officer determines by evaluation pursuant to section 3 of this act to be performing in a substandard manner.
2. Provide for the expediting of the hearing of cases that involve the termination or denial of compensation.
3. At least once each year, compile the following information with respect to each appeals officer employed by the hearings division of the department of administration:
(a) The number of hearings on the merits in contested claims for compensation that the appeals officer has conducted in each month during his term of office;
(b) The number of final decisions of the appeals officer for which judicial review is sought pursuant to NRS 616C.370, including notations that identify specifically for each such decision:
(1) The court in which judicial review is sought; and
(2) The action taken by the court in which judicial review is sought, including, without limitation, whether the matter is still pending or whether the court affirmed, modified or reversed the decision of the appeals officer; and
(c) The evaluations pertaining to the appeals officer that have been conducted by the senior appeals officer pursuant to section 3 of this act.
Sec. 7. NRS 616C.325 is hereby amended to read as follows:
(a) Employed full time by the employee’s labor organization;
(b) Admitted to practice law in this state;
(c) Employed full time by and under the supervision of an attorney admitted to practice law in this state; or
(d) Appearing without compensation on behalf of the employee.
It is unlawful for any person who is not admitted to practice law in this state to represent the employee before an appeals officer.
2. It is unlawful for any person to represent an employer at hearings of contested cases unless that person is:
(a) Employed full time by the employer or a trade association to which the employer belongs that is not formed solely for the purpose of providing representation at hearings of contested cases;
(b) An employer’s representative licensed pursuant to subsection 3 who is not licensed as a third-party administrator;
(c) Admitted to practice law in this state; or
(d) A licensed third-party administrator.
3. The director of the department of administration shall adopt regulations which include the:
(a) Requirements for licensure of employers’ representatives, including:
(1) The registration of each representative; and
(2) The filing of a copy of each written agreement for the compensation of a representative;
(b) Procedure for such licensure; and
(c) Causes for revocation of such a license, including any applicable action listed in NRS 616D.120 or a violation of this section.
4. Any person who is employed by or contracts with an employer to represent the employer at hearings regarding contested claims is an agent of the employer. If the employer’s representative violates any provision of this chapter or chapter 616A, 616B or 616D of NRS, the employer is liable for any penalty assessed because of that violation.
5. An employer shall not make the compensation of any person representing him contingent in any manner upon the outcome of any contested claim.
6. The director of the department of administration shall collect in advance and deposit with the state treasurer for credit to the state general fund the following fees for licensure as an employer’s representative:
(a) Application and license............................................................................. $78
(b) Triennial renewal of each license............................................................. $78
Sec. 8. NRS 616C.340 is hereby amended to read as follows:
2. Each appeals officer must be an attorney who has been licensed to practice law before all the courts of this state for at least 2 years[.] and who has at least 2 years of experience practicing law in actions related to claims for compensation or similar experience. Except as otherwise provided in NRS 7.065, an appeals officer shall not engage in the private practice of law.
3. An appeals officer shall comply with the provisions of the Nevada Code of Judicial Conduct.
4. If an appeals officer determines that he has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him, he shall disqualify himself from hearing the case.
[4.] 5. The governor may , in accordance with section 5 of this act, appoint one or more special appeals officers to conduct hearings in contested claims for compensation pursuant to NRS 616C.360. The governor shall not appoint an attorney who represents persons in actions related to claims for compensation to serve as a special appeals officer.
[5.] 6. A special appeals officer appointed pursuant to subsection [4] 5 must possess the same qualifications as a regular appeals officer and is vested with the same powers as a regular appeals officer. A special appeals officer may hear any case in which a regular appeals officer has a conflict, or any case assigned to him by the senior appeals officer to assist with a backlog of cases. A special appeals officer is entitled to be paid at an hourly rate, as determined by the department of administration.
[6.] 7. The decision of an appeals officer is the final and binding administrative determination of a claim for compensation under chapters 616A to 616D, inclusive, or chapter 617 of NRS, and the whole record consists of all evidence taken at the hearing before the appeals officer and any findings of fact and conclusions of law based thereon.
Sec. 9. NRS 616C.360 is hereby amended to read as follows:
2. The appeals officer must hear any matter raised before him on its merits, including new evidence bearing on the matter.
3. If necessary to resolve a medical question concerning an injured employee’s condition, the appeals officer may refer the employee to a physician or chiropractor chosen by the appeals officer. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians or chiropractors maintained by the administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any examination requested by the appeals officer.
4. Any party to the appeal or the appeals officer may order a transcript of the record of the hearing at any time before the seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders.
5. The appeals officer shall render his decision:
(a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or
(b) If a transcript has not been ordered, within 30 days after the date of the hearing.
6. The appeals officer may affirm, modify or reverse any decision made by the hearing officer and issue any necessary and proper order to give effect to his decision.
7. The appeals officer shall give notice of his decision to each party by mail or by personal delivery.
Sec. 10. Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:
The director, in his capacity as the chief of the hearings division, shall adopt regulations governing the conduct of the hearing and appeals officers. The regulations must include:
1. A procedure for a person who believes that a hearing or appeals officer has violated the standards for conduct to make a complaint to the director or his designee.
2. Rules of practice pursuant to which the director or his designee will hear complaints made pursuant to subsection 1.
3. The penalties that may be imposed against a hearing or appeals officer if the director or his designee determines, pursuant to the rules of practice adopted pursuant to subsection 2, that a hearing or appeals officer has violated a standard for conduct.
Sec. 11. NRS 232.212 is hereby amended to read as follows:
1. “Department” means the department of administration.
2. “Director” means the director of the department.
Sec. 12. NRS 232.215 is hereby amended to read as follows:
1. Shall appoint a chief of the:
(a) Risk management division;
(b) Buildings and grounds division;
(c) Purchasing division;
(d) State printing division;
(e) Administrative services division; and
(f) Motor pool division if separately established.
2. Shall appoint a chief of the budget division, or may serve in this position if he has the qualifications required by NRS 353.175.
3. Shall serve as chief of the hearings division and [shall] appoint the hearing officers and compensation officers. The director may designate one of the appeals officers in the division [to] as the senior appeals officer. The senior appeals officer shall supervise the administrative, technical and procedural activities of the division. The senior appeals officer shall perform such additional duties as the director, serving as chief of the hearings division, may require.
4. Shall serve as chairman of the state public works board.
5. Is responsible for the administration, through the divisions of the department, of the provisions of chapters 331, 333, 336 and 344 of NRS, NRS 353.150 to 353.246, inclusive, and all other provisions of law relating to the functions of the divisions of the department.
6. Is responsible for the administration of the laws of this state relating to the negotiation and procurement of medical services and other benefits for state agencies.
7. Has such other powers and duties as are provided by law.
Sec. 13. NRS 232.680 is hereby amended to read as follows:
(a) Insurer based upon expected annual premiums to be received; and
(b) Employer who provides accident benefits for injured employees pursuant to NRS 616C.265, based upon his expected annual expenses of providing those benefits.
For the purposes of this subsection, the “premiums to be received” by a self-insured employer or an association of self-insured public or private employers shall be deemed to be the same fraction of the premiums to be received by the state industrial insurance system that his expected annual expenditure for claims is of the expected annual expenditure of the system for claims. The division shall adopt regulations which establish formulas of assessment which result in an equitable distribution of costs among the insurers and employers who provide accident benefits for injured employees. The formulas may utilize actual expenditures for claims.
2. Federal grants may partially defray the costs of the division.
3. Assessments made against insurers by the division after the adoption of regulations must be used to defray all costs and expenses of administering the program of workers’ compensation, including the payment of:
(a) All salaries and other expenses in administering the division, including the costs of the office and staff of the administrator.
(b) All salaries and other expenses of administering NRS 616A.435 to 616A.460, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner of insurance.
(c) The salary and other expenses of a full-time employee of the legislative counsel bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.
(d) All salaries and other expenses of the fraud control unit for industrial insurance established pursuant to NRS 228.420.
(e) Claims against uninsured employers arising from compliance with NRS 616C.220 and 617.401.
(f) All salaries and expenses of the members of the legislative committee on workers’ compensation and any other expenses incurred by the committee in carrying out its duties pursuant to NRS 218.5375 to 218.5378, inclusive.
(g) All the per diem allowances and travel expenses authorized for the members of the commission to recommend appeals officers pursuant to subsection 7 of section 4 of this act.
Sec. 14. As soon as is practicable after July 1, 1999:
1. The governor shall appoint to the commission to recommend appeals officers, created pursuant to section 4 of this act:
(a) One person pursuant to paragraph (a) of subsection 1 of section 4 of this act to a term that expires on June 30, 2003.
(b) One person pursuant to paragraph (b) of subsection 1 of section 4 of this act to a term that expires on June 30, 2001.
(c) One person pursuant to paragraph (c) of subsection 1 of section 4 of this act to a term that expires on June 30, 2003.
(d) One person pursuant to paragraph (c) of subsection 1 of section 4 of this act to a term that expires on June 30, 2001.
2. The board of governors of the State Bar of Nevada shall appoint to the commission to recommend appeals officers, created pursuant to section 4 of this act, one person pursuant to paragraph (d) of subsection 1 of section 4 of this act to a term that expires on June 30, 2003.
Sec. 15. 1. This section and sections 1 to 12, inclusive, and 14 of this act become effective on July 1, 1999.
2. Section 13 of this act becomes effective at 12:01 a.m. on July 1, 1999.”.
Amend the title of the bill to read as follows:
“AN ACT relating to industrial insurance; requiring hearing officers and appeals officers to author and explain fully the decisions they render; requiring the senior appeals officer to conduct written evaluations of the appeals officers employed by the hearings division of the department of administration; creating the commission to recommend appeals officers; requiring the governor to consider the recommendations of the commission to recommend appeals officers when appointing an appeals officer or special appeals officer; requiring the chief of the hearings division to prescribe by regulation the training, continuing education and standards for performance of appeals officers and compile certain information regarding the performance of appeals officers; requiring an appeals officer or a special appeals officer to be an attorney and have a certain amount of legal experience before his appointment; and providing other matters properly relating thereto.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Townsend and Care.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 75.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 480.
Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. NRS 686B.050 is hereby amended to read as follows:
2. Competition shall be deemed to exist unless the commissioner specifically finds, after a hearing and a review of the structure, performance and conduct of the insurers in the market that:
(a) There is no reasonable degree of competition among the insurers; and
(b) The interaction among the insurers is not competitive.
A finding by the commissioner pursuant to this subsection that the market is not competitive expires 1 year after the date on which the finding is issued.
3. The commissioner may disapprove rates on the ground that the rates are excessive only if the commissioner determines that there is not a reasonable degree of price competition at the consumer level with respect to the class of business to which they apply[.] and that the rates are likely to produce a long-run profit that is unreasonably high in relation to the riskiness of the class of business, or if the expenses are unreasonably high in relation to the services rendered. In determining whether a reasonable degree of price competition exists, the commissioner shall consider all relevant tests, including:
(a) The number of insurers actively engaged in the class of business and their shares of the market;
(b) The existence of differentials in rates in that class of business;
(c) Whether long-run profitability for insurers generally of the class of business is unreasonably high in relation to its riskiness;
(d) Consumers’ knowledge in regard to the market in question; and
(e) Whether price competition is a result of the market or is artificial.
[If competition does not exist, rates are excessive if they are likely to produce a long-run profit that is unreasonably high in relation to the riskiness of the class of business, or if expenses are unreasonably high in relation to the services rendered.
3.] 4. Rates are inadequate if they are clearly insufficient, together with the income from investments attributable to them, to sustain projected losses and expenses in the class of business to which they apply.
[4.] 5. One rate is unfairly discriminatory in relation to another in the same class if it clearly fails to reflect equitably the differences in expected losses and expenses. Rates are not unfairly discriminatory because different premiums result for policyholders with similar exposure to loss but different expense factors, or similar expense factors but different exposure to loss, so long as the rates reflect the differences with reasonable accuracy. Rates are not unfairly discriminatory if they are averaged broadly among persons insured under a group, franchise or blanket policy.
Sec. 2. NRS 686B.070 is hereby amended to read as follows:
[1.] (a) Rates and proposed increases thereto;
[2.] (b) Forms of policies to which the rates apply;
[3.] (c) Supplementary rate information; and
[4.] (d) Changes and amendments thereof,
made by it for use in this state.
2. Except as otherwise provided in this section and NRS 686B.110, unless the commissioner has determined that the market is not competitive, an insurer shall file the information required by subsection 1 on or before the date on which the changes are to become effective.
3. In a competitive market, if the commissioner determines that rates of an insurer require closer supervision by the commissioner because of the financial condition of the insurer or because the insurer has engaged in rating practices which are unfairly discriminatory, the commissioner may require the insurer to file supporting data pursuant to NRS 686B.100 or subject the rates to review pursuant to NRS 686B.110.
4. The commissioner shall review filings made pursuant to this section as soon as practicable to:
(a) Ensure the sufficiency of the financial condition of the insurer; and
(b) Determine if the insurer has engaged in rating practices which are unfairly discriminatory.
5. Rates for title insurance, surety insurance and liability insurance for medical malpractice must be approved before the insurer may use the rates. If the commissioner does not approve or disapprove a filing involving the rates for such insurance within 60 days after the date of the filing, the rates shall be deemed to be approved.
Sec. 3. NRS 686B.100 is hereby amended to read as follows:
2. The supporting data must include:
(a) The experience and judgment of the filer, and, to the extent it wishes or the commissioner requires, of other insurers or rate service organizations;
(b) Its interpretation of any statistical data relied upon;
(c) Descriptions of the actuarial and statistical methods employed in setting the rates; and
(d) Any other relevant matters required by the commissioner.
[2.] 3. Whenever a filing of a proposed increase in a rate is not accompanied by such information as the commissioner has required [under subsection 1,] pursuant to this section, he may so inform the insurer and the filing shall be deemed to be made when the information is furnished.”.
Amend sec. 4, page 3, by deleting lines 22 and 23 and inserting:
“686B.110 1. [The]
If the commissioner has determined that:
(a) Pursuant to NRS 686B.050, the market is not competitive;
(b) Pursuant to NRS 686B.180, essential insurance coverage is not readily available in a voluntary market; or
(c) Pursuant to NRS 686B.070, the rates of the insurer require closer supervision and that the rates are subject to review pursuant to this section,
the commissioner shall consider each proposed increase or decrease in the”.
Amend sec. 4, page
3, line 29, by deleting “[4.] 5.” and inserting “4.”.
Amend sec. 4, page 3, by deleting lines 32 through 40 and inserting:
“2. Whenever an insurer has no legally effective rates as a result of the”.
Amend sec. 4, page
4, line 6, by deleting “[3.] 4.” and inserting “3.”.
Amend sec. 4, page
4, line 18, by deleting “[4.] 5.” and inserting “4.”.
Amend sec. 4, page 4, between lines 25 and 26, by inserting:
“5. If, in a competitive market, the commissioner finds that a rate no longer meets the requirements of this chapter, the commissioner may order the discontinuance of the rate. An order for the discontinuance of a rate may be issued only after a hearing with at least 10 days’ notice for all insurers and rate organizations that would be affected by such an order. The order must be in writing and include, without limitation:
(a) The grounds pursuant to which the order was issued;
(b) The date on which the order to discontinue the rate becomes effective; and
(c) The date, within a reasonable time after the date on which the order becomes effective, on which the order will expire.
An order for the discontinuance of a rate does not affect any contract or policy made or issued before the date on which the order becomes effective.”.
Amend the bill as a whole by deleting sec. 5 and the text of the repealed section.
Amend the title of the bill to read as follows:
“AN ACT relating to insurance; providing that a competitive market exists for certain types of insurance unless the commissioner of insurance specifically finds to the contrary; revising the provisions governing the filing and approval of rates of insurers in a competitive market; authorizing the commissioner to require certain insurers to file additional supporting data; providing for the issuance by the commissioner of orders to discontinue a rate; and providing other matters properly relating thereto.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 132.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 613.
Amend the bill as a whole by renumbering section 1 as sec. 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 616A of NRS is hereby amended by adding thereto a new section to read as follows:
“Police officer” has the meaning ascribed to it in NRS 617.135.
Sec. 2. NRS 616A.025 is hereby amended to read as follows:
Amend section 1, pages 1 and 2, by deleting lines 11 through 13 on page 1 and lines 1 through 12 on page 2, and inserting:
“(c) Preventive treatment administered as a precaution to a police officer or fireman who was exposed to a contagious disease:
(1) Upon battery by an offender; or
(2) While performing the duties of a police officer or fireman,
if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to subsection 1 of section 5 of this act.”.
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 through 5 as sections 4 through 6.
Amend sec. 3, page 4, by deleting lines 10 through 25 and inserting:
“(c) The exposure to a contagious disease of a police officer or fireman who was exposed to the contagious disease:
(1) Upon battery by an offender; or
(2) While performing the duties of a police officer or fireman,
shall be deemed to be an injury by accident sustained by the police officer or fireman arising out of and in the course of his employment if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to subsection 1 of section 5 of this act. As used”.
Amend sec. 4, pages 4 and 5, by deleting lines 32 through 40 on page 4 and lines 1 through 18 on page 5, and inserting:
“1. If a police officer or fireman is exposed to a contagious disease:
(a) Upon battery by an offender; or
(b) While performing the duties of a police officer or fireman,
the employer of the police officer or fireman shall create and maintain a report concerning the exposure that includes, without limitation, the name of each police officer or fireman, as applicable, who was exposed to the contagious disease and the name of each person, if any, to whom the police officer or fireman was exposed.
2. If the employment of a police officer or fireman is terminated, voluntarily or involuntarily, the employer of the police officer or fireman shall, at the time of termination and at 6 and 12 months after the date of termination, provide to the police officer or fireman a blood test to screen for contagious diseases, including, without limitation, hepatitis A, hepatitis B, hepatitis C, tuberculosis and human immunodeficiency virus. If a blood test administered pursuant to this subsection and provided to the employer reveals that a former police officer or fireman has a contagious disease or the antibodies associated with a contagious disease, the police officer or fireman is eligible, during his lifetime, to receive compensation for such a disease and any additional diseases or conditions that are associated with or result from the contagious disease pursuant to chapters 616A to 616D, inclusive, and chapter 617 of NRS. The former employer of a police officer or fireman shall pay all the costs associated with providing blood tests required pursuant to this subsection.”.
Amend the bill as a whole by deleting sections 6 through 8 and renumbering sections 9 and 10 as sections 7 and 8.
Amend the title of the bill to read as follows:
“AN ACT relating to industrial insurance; providing for the availability of benefits to certain police officers and firemen for exposure to a contagious disease; and providing other matters properly relating thereto.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Townsend, Coffin and O’Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 210.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 588.
Amend the bill as a whole by deleting sections 1 through 75 and adding new sections designated sections 1 through 84, following the enacting clause, to read as follows:
“Section 1. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 44, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. “Board” means the board of examiners for alcohol and drug abuse counselors. Sec. 4. “Certificate” means a certificate issued to a person who is certified as an alcohol and drug abuse counselor or an alcohol and drug abuse counselor intern.
Sec. 5. “Certified counselor” means a person who is certified as an alcohol and drug abuse counselor pursuant to the provisions of this chapter.
Sec. 6. “Certified intern” means a person who is certified as an alcohol and drug abuse counselor intern pursuant to the provisions of this chapter.
Sec. 7. “Habitual use” means the use of alcohol and drugs that endangers the health, safety or welfare of the user or any other person.
Sec. 8. “License” means a license issued to a person who is licensed as an alcohol and drug abuse counselor pursuant to the provisions of this chapter.
Sec. 9. “Licensed counselor” means a person who is licensed as an alcohol and drug abuse counselor pursuant to the provisions of this chapter.
Sec. 10. “Practice of counseling alcohol and drug abusers” means the application of counseling to reduce or eliminate the habitual use of alcohol or other drugs, other than any maintenance dosage of a narcotic or habit-forming drug administered pursuant to chapter 453 of NRS.
Sec. 11. The practice of counseling alcohol and drug abusers is hereby declared to be a learned profession, affecting public health, safety and welfare and is subject to regulation to protect the public from the practice of counseling alcohol and drug abusers by unqualified persons and from unprofessional conduct by persons who are licensed or certified to engage in the practice of counseling alcohol and drug abusers.
Sec. 12. A license or certificate issued pursuant to the provisions of this chapter is a privilege that may be revoked in accordance with the disciplinary procedures set forth in this chapter and in regulations adopted by the board pursuant thereto, and no holder of such a license or certificate acquires thereby any vested right.
Sec. 13. The provisions of this chapter do not apply to:
1. A physician who is licensed pursuant to the provisions of chapter 630 of NRS;
2. A registered nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the state board of nursing to engage in the practice of counseling alcohol and drug abusers;
3. A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS;
4. A marriage and family therapist who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the board of examiners for marriage and family therapists to engage in the practice of counseling alcohol and drug abusers; or
5. A person who is licensed as a social worker pursuant to the provisions of chapter 641B of NRS and is authorized by the board of examiners for social workers to engage in the practice of counseling alcohol and drug abusers.
Sec. 14. 1. The board of examiners for alcohol and drug abuse counselors, consisting of five members appointed by the governor, is hereby created.
2. The board must consist of:
(a) Three members who are licensed as alcohol and drug abuse counselors pursuant to the provisions of this chapter;
(b) One member who is certified as an alcohol and drug abuse counselor pursuant to the provisions of this chapter; and
(c) One member who is a representative of the general public.
3. A person may not be appointed to the board unless he is:
(a) A citizen of the United States or is lawfully entitled to remain and work in the United States; and
(b) A resident of this state.
4. No member of the board may be held liable in a civil action for any act that he performs in good faith in the execution of his duties pursuant to the provisions of this chapter.
Sec. 15. 1. After the initial terms, the members of the board must be appointed to terms of 4 years and may not serve more than two consecutive terms.
2. Upon the expiration of his term, a member continues to serve on the board until a qualified person has been appointed as his successor.
3. The governor may, after notice and hearing, remove any member of the board for misconduct, incompetence, neglect of duty or any other sufficient cause.
4. The board shall:
(a) Elect annually from its members a president, vice president and secretary‑treasurer. If the president, vice president or secretary-treasurer is replaced by another person appointed by the governor, the board shall elect from its members a replacement for the president, vice president or secretary-treasurer.
(b) Meet not less than twice a year and may meet at other times at the call of the president or a majority of its members.
(c) Not incur any expenses that exceed the money received from time to time as fees provided by the provisions of this chapter.
(d) Prepare and maintain a record of its transactions and proceedings.
(e) Adopt a seal of which each court of this state shall take judicial notice.
5. A majority of the members of the board constitutes a quorum to transact the business of the board.
Sec. 16. 1. Each member of the board is entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the board, while engaged in the business of the board; and
(b) A per diem allowance and travel expenses, at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for officers and employees of this state generally.
2. While engaged in the business of the board, each employee of the board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board. The rate must not exceed the rate provided for officers and employees of this state generally.
Sec. 17. The secretary-treasurer of the board shall prepare and maintain:
1. A separate list of the names and addresses of:
(a) The applicants for a license;
(b) The applicants for a certificate;
(c) The licensed counselors;
(d) The certified counselors; and
(e) The certified interns.
2. A record of each examination conducted by the board.
3. An inventory of:
(a) The property of the board; and
(b) The property of this state that is in the possession of the board.
Sec. 18. The board may:
1. Maintain offices in as many locations in this state as it considers necessary to carry out the provisions of this chapter.
2. Employ attorneys, investigators and other persons necessary to carry out its duties.
2. All money received by the board must be deposited in a bank or other financial institution in this state and paid out on its order for its expenses.
3. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in a bank or other financial institution in this state.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3, the board shall deposit the money collected from the imposition of fines with the state treasurer for credit to the state general fund. If money is so deposited, the board may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.
Sec. 20. Each applicant for a license or certificate must submit to the board:
1. An application on a form provided by the board; and
2. The application fee prescribed in section 34 of this act.
Sec. 21. An application for a license or certificate must set forth the social security number of the applicant.
Sec. 22. 1. An applicant for the issuance, renewal, reinstatement or restoration of a license or certificate shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The board shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance, renewal, reinstatement or restoration of the license or certificate; or
(b) A separate form prescribed by the board.
3. A license or certificate may not be issued, renewed, reinstated or restored by the board if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the board shall advise the applicant to notify the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 23. The board shall issue a license as an alcohol and drug abuse counselor to:
1. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has received a master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the board;
(d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act;
(f) Pays the fees required pursuant to section 34 of this act; and
(g) Submits the statement required pursuant to section 22 of this act.
2. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Is:
(1) Licensed as a social worker pursuant to chapter 641A of NRS;
(2) Licensed as a marriage and family therapist pursuant to chapter 641B of NRS; or
(3) A registered nurse who is licensed pursuant to chapter 632 of NRS and has received a master’s degree or a doctoral degree from an accredited college or university;
(d) Has completed at least 6 months of supervised counseling of alcohol and drug abusers approved by the board;
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act;
(f) Pays the fees required pursuant to section 34 of this act; and
(g) Submits the statement required pursuant to section 22 of this act.
Sec. 24. 1. A license as an alcohol and drug abuse counselor is valid for 2 years and may be renewed.
2. A licensed counselor may:
(a) Engage in the practice of counseling alcohol and drug abusers;
(b) Diagnose or classify a person as an alcoholic or abuser of drugs; and
(c) Supervise certified interns.
Sec. 25. 1. The board shall issue a certificate as an alcohol and drug abuse counselor to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has received a bachelor’s degree from an accredited college or university in a field of social science approved by the board;
(d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act;
(f) Pays the fees required pursuant to section 34 of this act; and
(g) Submits the statement required pursuant to section 22 of this act.
2. A certificate as an alcohol and drug abuse counselor is valid for 2 years and may be renewed.
3. A certified alcohol and drug abuse counselor may:
(a) Engage in the practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or abuser of drugs.
Sec. 26. 1. The board shall issue a certificate as an alcohol and drug abuse counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has a high school diploma or a general equivalency diploma;
(d) Pays the fees required pursuant to section 34 of this act;
(e) Submits proof to the board that he:
(1) Is enrolled in a program from which he will receive an associate’s degree, bachelor’s degree, master’s degree or doctoral degree in nursing or in a field of social science approved by the board; or
(2) Has received an associate’s degree, bachelor’s degree, master’s degree or doctoral degree in nursing or in a field of social science approved by the board; and
(f) Submits the statement required pursuant to section 22 of this act.
2. A certificate as an alcohol and drug abuse counselor intern is valid for 1 year and may be renewed.
3. A certified intern may, under the supervision of a licensed counselor:
(a) Engage in the practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or drug abuser.
Sec. 27. 1. Except as otherwise provided in subsection 2, a person shall not engage in the practice of counseling alcohol and drug abusers unless he is a licensed counselor, certified counselor or certified intern.
2. A person may engage in the practice of counseling alcohol and drug abusers under the supervision of a licensed counselor for not more than 30 days if that person:
(a) Is qualified to be licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to the provisions of this chapter; and
(b) Submits an application to the board for a license or certificate as an alcohol and drug abuse counselor or a certificate as an alcohol and drug abuse counselor intern pursuant to the provisions of this chapter.
Sec. 28. 1. Each applicant for a license or certificate as an alcohol and drug abuse counselor must pass a written and oral examination concerning his knowledge of the practice of counseling alcohol and drug abusers, the provisions of this chapter and any regulations adopted by the board pursuant to the provisions of this chapter.
2. The board shall:
(a) Examine applicants at least two times each year.
(b) Establish the time and place for the examinations.
(c) Provide such books and forms as may be necessary to conduct the examinations.
(d) Establish, by regulation, the requirements for passing the examination.
3. The board may employ other persons to conduct the examinations.
Sec. 29. 1. The board may hold hearings and conduct investigations concerning any matter related to an application for a license or certificate. In the hearings and investigations, the board may require the presentation of evidence.
2. The board may refuse to issue a license or certificate to an applicant if the board determines that the applicant:
(a) Is not of good moral character as it relates to the practice of counseling alcohol and drug abusers;
(b) Has submitted a false credential to the board;
(c) Has been disciplined in another state, a possession or territory of the United States or the District of Columbia in connection with the practice of counseling alcohol and drug abusers;
(d) Has committed an act in another state, a possession or territory of the United States or the District of Columbia in connection with the practice of counseling alcohol and drug abusers that would be a violation of the provisions of this chapter if the act were committed in this state; or
(e) Has failed to comply with any of the requirements for a license or certificate.
Sec. 30. The board shall issue a license or certificate without examination to a person who holds a license or certificate as an alcohol and drug abuse counselor in another state, a territory or possession of the United States or the District of Columbia if the requirements of that jurisdiction at the time the license or certificate was issued are deemed by the board to be substantially equivalent to the requirements set forth in the provisions of this chapter.
Sec. 31. 1. The board may issue a provisional license or certificate as an alcohol and drug abuse counselor to a person who has applied to the board to take the examination for a license or certificate as an alcohol and drug abuse counselor and is otherwise eligible for that license or certificate pursuant to section 23 or 25 of this act.
2. A provisional license or certificate is valid for not more than 1 year and may not be renewed.
Sec. 32. Except as otherwise provided in section 31 of this act, a person may renew his license or certificate by submitting to the board:
1. An application for the renewal of his license or certificate;
2. The fee for the renewal of a license or certificate prescribed in section 34 of this act;
3. Evidence of his completion of the continuing education required by the board;
4. If the applicant is a certified intern, the name of the licensed counselor who supervises him; and
5. The statement required pursuant to section 22 of this act.
Sec. 33. 1. A license or certificate that is not renewed on or before the date on which it expires is delinquent. The board shall, within 30 days after the license or certificate becomes delinquent, send a notice to the licensed or certified counselor or certified intern by certified mail, return receipt requested, to the address of the counselor or intern as indicated in the records of the board.
2. A licensed or certified counselor or certified intern may renew a delinquent license or certificate within 60 days after the license or certificate becomes delinquent by complying with the requirements of section 32 of this act and paying, in addition to the fee for the renewal of the license or certificate, the fee for the renewal of a delinquent license or certificate prescribed in section 34 of this act.
3. A license or certificate expires 60 days after it becomes delinquent if it is not renewed within that period.
4. A license or certificate that has expired may be restored if the applicant:
(a) Submits to the board an application to restore the license or certificate;
(b) Submits to the board the statement required pursuant to section 22 of this act;
(c) Pays the renewal fees for the period during which the license or certificate was expired and the fee for the restoration of a license or certificate prescribed in section 34 of this act;
(d) Passes the oral and written examinations prescribed by the board; and
(e) Submits to the board evidence of his completion of the continuing education required by the board.
Sec. 34. 1. The board shall charge and collect not more than the following fees:
For the initial application for a license or certificate...................... $150
For the issuance of a provisional license or certificate...................... 125
For the issuance of an initial license or certificate................................ 60
For the renewal of a license or certificate as an alcohol and drug
abuse counselor.................................................................................. 300
For the renewal of a certificate as an alcohol and drug
abuse counselor intern........................................................................ 75
For the renewal of a delinquent license or certificate........................... 75
For the restoration of an expired license or certificate....................... 150
For the restoration of a suspended or revoked license of
certificate............................................................................................. 300
For the issuance of a license or certificate without examination...... 150
For an examination.................................................................................... 150
2. The fees charged and collected pursuant to this section are not refundable.
1. Conviction of:
(a) A felony;
(b) An offense involving moral turpitude; or
(c) A violation of a federal or state law regulating the possession, distribution or use of a controlled substance or dangerous drug as defined in chapter 453 of NRS;
2. Fraud or deception in:
(a) Applying for a license or certificate;
(b) Taking an examination for a license or certificate;
(c) Documenting the continuing education required to renew or reinstate a license or certificate;
(d) Submitting a claim for payment to an insurer; or
(e) The practice of counseling alcohol and drug abusers;
3. Allowing the unauthorized use of a license or certificate issued pursuant to this chapter;
4. Professional incompetence;
5. The habitual use of alcohol or any other drug that impairs the ability of a licensed or certified counselor or certified intern to engage in the practice of counseling alcohol and drug abusers;
6. Engaging in the practice of counseling alcohol and drug abusers with an expired, suspended or revoked license or certificate; and
7. Engaging in behavior that is contrary to the ethical standards as set forth in the regulations of the board.
Sec. 36. 1. The board or any of its members who become aware of any ground for initiating disciplinary action against a person engaging in the practice of counseling alcohol and drug abusers in this state shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the board. The complaint must specifically charge one or more of the grounds for initiating disciplinary action.
3. The failure of the licensed or certified counselor or certified intern to appear at the hearing does not delay or void the proceeding.
4. The board may, for good cause, continue a hearing from time to time.
5. If, after notice and a hearing, the board determines that the licensed or certified counselor or certified intern has violated a provision of this chapter or any regulation adopted pursuant to this chapter, it may:
(a) Administer a public or private reprimand;
(b) Suspend his license or certificate and impose conditions for the removal of the suspension;
(c) Revoke his license or certificate and prescribe the requirements for the reinstatement of the license or certificate;
(d) If he is a licensed or certified counselor, require him to be supervised by another person while he engages in the practice of counseling alcohol and drug abusers;
(e) Require him to participate in treatment or counseling and pay the expenses of that treatment or counseling;
(f) Require him to pay restitution to any person adversely affected by his acts or omissions;
(g) Impose a fine of not more than $5,000;
(h) Require him to pay the costs of the board for the investigation and hearing; or
(i) Take any combination of the actions authorized by paragraphs (a) to (h), inclusive.
6. If his license or certificate is revoked or suspended pursuant to subsection 5, the licensed or certified counselor or certified intern may apply to the board for a rehearing within 10 days after the license or certificate is revoked or suspended. The licensed or certified counselor or certified intern may apply to the board for reinstatement of his revoked license or certificate not earlier than 1 year after the license or certificate is revoked. The board may accept or reject the application and may require the successful completion of an examination as a condition of reinstatement of the license or certificate.
Sec. 37. A person who violates any of the provisions of this chapter is guilty of a misdemeanor.
Sec. 38. The board shall adopt such regulations as are necessary to carry out the provisions of this chapter, including, without limitation, regulations that prescribe:
1. The ethical standards for licensed and certified counselors and certified interns; and
2. The requirements for continuing education for the renewal or reinstatement of a license or certificate.
(a) Disciplinary action is imposed by the board as a result of the investigation; or
(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.
2. If the board receives a request or subpoena for records or information obtained during an investigation by the board and the records or information is not made public pursuant to subsection 1, the board shall notify the person regarding whom the investigation was made of the request or subpoena. If that person does not consent in writing to the release of the records or information, the board may release the records or information only upon the order of a court of competent jurisdiction.
Sec. 40. 1. The board may issue subpoenas for the attendance of witnesses and the production of books and papers.
2. The district court, in and for the county in which a hearing is held, may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by a subpoena issued by the board.
3. If a witness refuses to attend or testify or to produce any books or papers required by a subpoena, the board may file a petition ex parte with the district court, setting forth that:
(a) Notice has been given of the time and place for the attendance of the witness or the production of the books or papers;
(b) The witness has been subpoenaed by the board pursuant to this section;
(c) The witness has failed or refused to attend or produce the books or papers required by the subpoena before the board in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him in the course of the hearing; and
(d) The board therefore requests an order of the court compelling the witness to attend and testify or produce the books and papers before the board.
4. The court, upon such a petition, shall enter an order directing the witness to appear before the court at a time and place fixed by the court in the order, and to show cause why he has not attended or testified or produced the books or papers before the board. The time may not be more than 10 days after the date of the order. A certified copy of the order must be served upon the witness.
5. If the court determines that the subpoena was regularly issued by the board, the court shall enter an order that the witness appear before the board at the time and place fixed in the order, and testify or produce the required books or papers. The failure to obey the order is a contempt of the court that issued it.
Sec. 41. Each witness who appears by an order of the board is entitled to receive for his attendance the same fees and mileage allowed by law to a witness in a civil case. The amount must be paid by the party who requested the subpoena. If a witness who has not been required to attend at the request of any party is subpoenaed by the board, his fees and mileage must be paid from the money of the board.
Sec. 42. 1. The board may, in any hearing before it, cause the deposition of witnesses to be taken in the manner prescribed for depositions in civil actions in this state.
2. The district court in and for the county in which a hearing is held shall, upon the application of the board, issue a commission to another state for the taking of evidence in that state for use in a proceeding before the board.
2. The board shall reinstate a license or certificate that has been suspended by a district court pursuant to NRS 425.540 if the board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 44. 1. A person shall not:
(a) Hold himself out to the member of the general public as an alcohol and drug abuse counselor or alcohol and drug abuse counselor intern;
(b) Use the title “alcohol and drug abuse counselor,” “alcohol and drug abuse counselor intern,” “drug abuse counselor,” “substance abuse counselor” or any similar title in connection with his work; or
(c) Imply in any way that he is licensed or certified by the board,
unless he is licensed or certified by the board pursuant to the provisions of this chapter.
2. If the board believes that any person has violated or is about to violate the provisions of subsection 1, it may bring an action in a court of competent jurisdiction to enjoin that person from engaging in or continuing the violation. An injunction:
(a) May be issued without proof of actual damage sustained by any person.
(b) Does not prevent the criminal prosecution and punishment of a person who violates the provisions of subsection 1.
Sec. 45. NRS 632.120 is hereby amended to read as follows:
(a) Adopt regulations establishing reasonable standards:
(1) For the denial, renewal, suspension and revocation of, and the placement of conditions, limitations and restrictions upon, a license to practice professional or practical nursing.
(2) Of professional conduct for the practice of nursing.
(3) For prescribing and dispensing controlled substances and dangerous drugs in accordance with applicable statutes.
(4) For the training of registered nurses to engage in the practice of counseling alcohol and drug abusers.
(b) Prepare and administer examinations for the issuance of a license under this chapter.
(c) Investigate and determine the eligibility of an applicant for a license under this chapter.
(d) Carry out and enforce the provisions of this chapter and the regulations adopted pursuant thereto.
2. The board may adopt regulations establishing reasonable:
(a) Qualifications for the issuance of a license under this chapter.
(b) Standards for the continuing professional competence of licensees. The board may evaluate licensees periodically for compliance with those standards.
3. The board may adopt regulations establishing a schedule of reasonable fees and charges, in addition to those set forth in NRS 632.345, for:
(a) Investigating licensees and applicants for a license under this chapter;
(b) Evaluating the professional competence of licensees;
(c) Conducting hearings pursuant to this chapter;
(d) Duplicating and verifying records of the board; and
(e) Surveying, evaluating and accrediting schools of practical nursing, and schools and courses of professional nursing,
and collect the fees established pursuant to this subsection.
4. The board may adopt such regulations, not inconsistent with state or federal law, as may be necessary to carry out the provisions of this chapter relating to nursing assistant trainees and nursing assistants.
5. The board may adopt such other regulations, not inconsistent with law, as are necessary to enable it to administer the provisions of this chapter.
Sec. 46. NRS 641.029 is hereby amended to read as follows:
641.029 [This chapter does] The provisions of this chapter do not apply to:
1. A physician who is licensed to practice in this state;
2. A person who is licensed to practice dentistry in this state;
3. A person who is licensed as a marriage and family therapist pursuant to chapter 641A of NRS;
4. A person who is licensed to engage in social work pursuant to chapter 641B of NRS;
5. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
6. A person [certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;] who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to sections 2 to 44, inclusive, of this act; or
7. Any clergyman,
if such a person does not commit an act described in NRS 641.440 or represent himself as a psychologist.
Sec. 47. NRS 641A.180 is hereby amended to read as follows:
1. Adopt regulations specifying the criteria for courses of study that are sufficient for the purposes of licensing; [and]
2. Adopt regulations prescribing the requirements for the training of licensees to engage in the practice of counseling alcohol and drug abusers; and
3. Determine which schools in and out of this state have courses of study for the preparation of marriage and family therapy which are sufficient for the purposes of licensing. Published lists of educational institutions accredited by recognized accrediting organizations may be used in the evaluation of such courses of study.
Sec. 48. NRS 641B.040 is hereby amended to read as follows:
641B.040 [This chapter does] The provisions of this chapter do not apply to:
1. A physician who is licensed to practice in this state;
2. A nurse who is licensed to practice in this state;
3. A person who is licensed as a psychologist pursuant to chapter 641 of NRS;
4. A person [certified] who is licensed as a marriage and family [counselor] therapist pursuant to chapter 641A of NRS;
5. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
6. A person [certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;] who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to sections 2 to 44, inclusive, of this act;
7. Any clergyman;
8. A county welfare director;
9. Any person who may engage in social work or clinical social work in his regular governmental employment but does not hold himself out to the public as a social worker; or
10. A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275. Such a student must be designated by the title “student of social work” or “trainee in social work,” or any other title which clearly indicates his training status.
Sec. 49. NRS 641B.160 is hereby amended to read as follows:
641B.160 The board shall adopt such regulations as are necessary or desirable to enable it to carry out the provisions of this chapter[.] , including regulations prescribing the requirements for the training of licensees to engage in the practice of counseling alcohol and drug abusers.
Sec. 50. NRS 62.2275 is hereby amended to read as follows:
(a) Driving under the influence of intoxicating liquor or a controlled substance in violation of NRS 484.379 or 484.3795;
(b) Using, possessing, selling or distributing a controlled substance; or
(c) Purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020,
the judge, or his authorized representative, shall require the child to undergo an evaluation to determine if the child is an abuser of alcohol or other drugs.
2. The evaluation of a child pursuant to this section:
(a) Must be conducted by:
(1) [A counselor certified] An alcohol and drug abuse counselor who is licensed or certified or an alcohol and drug abuse counselor intern who is certified pursuant to sections 2 to 44, inclusive, of this act to make that classification [by the bureau of alcohol and drug abuse;] ; or
(2) A physician who is certified to make that classification by the board of medical examiners , [; or
(3) A person who is approved to make that classification by the bureau of alcohol and drug abuse,]
who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.
(b) May be conducted at an evaluation center.
3. The judge shall:
(a) Order the child to undergo a program of treatment as recommended by the person who conducted the evaluation pursuant to subsection 2.
(b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.
(c) Order the child, if he is at least 18 years of age or an emancipated minor, or the parent or legal guardian of the child, to the extent of the financial resources of the child or his parent or legal guardian, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child, or his parent or legal guardian, does not have the financial resources to pay all [of] those charges:
(1) The judge shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and
(2) The judge may order the child to perform supervised work for the benefit of the community in lieu of paying the charges relating to his evaluation and treatment. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the child or his parent or legal guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.
4. A treatment facility is not liable for any damages to person or property caused by a child who drives while under the influence of an intoxicating liquor or a controlled substance after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to this section.
5. The provisions of this section do not prohibit a judge from:
(a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the bureau of alcohol and drug abuse. [Such an] The evaluation may be conducted at an evaluation center pursuant to paragraph (b) of subsection 2.
(b) Ordering the child to attend a program of treatment which is administered by a private company.
6. All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this chapter or the juvenile court, must not be disclosed to any person other than the juvenile court, the child and his attorney, if any, his parents or guardian, the prosecuting attorney and any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child. A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the driver’s record of that child for 7 years after the date of the offense.
7. As used in this section:
(a) “Bureau of alcohol and drug abuse” means the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation.
(b) “Evaluation center” has the meaning ascribed to it in NRS 484.3793.
(c) “Treatment facility” has the meaning ascribed to it in NRS 484.3793.
Sec. 51. NRS 209.448 is hereby amended to read as follows:
2. The provisions of this section apply to any offender who is sentenced on or after October 1, 1991.
Sec. 52. NRS 211.340 is hereby amended to read as follows:
(a) Successfully completes a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the local detention facility in which he is incarcerated and a person [certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;] who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to sections 2 to 44, inclusive, of this act; and
(b) Is awarded a certificate evidencing his successful completion of the program.
2. The provisions of this section apply to any prisoner who is sentenced on or after October 1, 1991, to a term of imprisonment of 90 days or more.
Sec. 53. NRS 218.825 is hereby amended to read as follows:
2. A report of each such audit must be filed by the board or commission with the legislative auditor and the director of the budget on or before December 1 of each year in which an audit is conducted. All audits must be conducted in accordance with generally accepted auditing standards and all financial statements must be prepared in accordance with generally accepted principles of accounting for special revenue funds.
3. The legislative auditor shall audit the fiscal records of any such board or commission whenever directed to do so by the legislative commission. When the legislative commission directs such an audit, it shall also determine who is to pay the cost of the audit.
Sec. 54. NRS 232.920 is hereby amended to read as follows:
1. Shall:
(a) Organize the department into divisions and other operating units as needed to achieve the purposes of the department;
(b) Upon request, provide the director of the department of administration with a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons; and
(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.
2. Is responsible for the administration, through the divisions of the department, of the provisions of NRS 458.010 to [458.360,] 458.350, inclusive, chapters 426, 426A, 612 and 615 of NRS, and all other provisions of law relating to the functions of the department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as specifically provided by law.
3. Is responsible for the preparation of a consolidated state plan for the bureau of services to the blind and visually impaired, the bureau of vocational rehabilitation and any other program administered by the rehabilitation division which he considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government. This subsection does not apply if any federal regulation exists which prohibits a consolidated plan.
4. In developing and revising state plans pursuant to subsection 3, shall consider, among other things, the amount of money available from the Federal Government for the programs of the division and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for the programs.
5. May employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the duties of the department.
Sec. 55. NRS 284.013 is hereby amended to read as follows:
284.013 1. Except as otherwise provided in subsection 4, this chapter does not apply to:
(a) Agencies, bureaus, commissions, officers or personnel in the legislative department or the judicial department of state government, including the commission on judicial discipline;
(b) Any person who is employed by a board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS[;] and sections 2 to 44, inclusive, of this act; or
(c) Officers or employees of any agency of the executive department of the state government who are exempted by specific statute.
2. Except as otherwise provided in subsection 3, the terms and conditions of employment of all persons referred to in subsection 1, including salaries not prescribed by law and leaves of absence, including, without limitation, annual leave and sick and disability leave, must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations.
3. Except as otherwise provided in this subsection, leaves of absence prescribed pursuant to subsection 2 must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter. The provisions of this subsection do not govern the legislative commission with respect to the personnel of the legislative counsel bureau.
4. Any board, commission, committee or council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and 656 of NRS and sections 2 to 44, inclusive, of this act which contracts for the services of a person, shall require the contract for those services to be in writing. The contract must be approved by the state board of examiners before those services may be provided.
Sec. 56. NRS 353A.010 is hereby amended to read as follows:
353A.010 As used in this chapter, unless the context otherwise requires:
1. “Agency” means every agency, department, division, board, commission or similar body, or elected officer, of the executive branch of the state, except:
(a) A board or commission created by the provisions of chapters 623 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS[.] and sections 2 to 44, inclusive, of this act.
(b) The University and Community College System of Nevada.
(c) The public employees’ retirement system.
(d) The state industrial insurance system.
(e) The housing division of the department of business and industry.
(f) The Colorado River commission.
2. “Director” means the director of the department of administration.
3. “Internal accounting and administrative control” means a method through which agencies can safeguard assets, check the accuracy and reliability of their accounting information, promote efficient operations and encourage adherence to prescribed managerial policies.
Sec. 57. NRS 458.010 is hereby amended to read as follows:
1. “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
3. “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
4. “Bureau” means the bureau of alcohol and drug abuse in the rehabilitation division of the department.
5. “Chief” means the chief of the bureau.
6. “Civil protective custody” means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.
7. “Department” means the department of employment, training and rehabilitation.
8. “Director” means the director of the department.
9. “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
Sec. 58. NRS 458.025 is hereby amended to read as follows:
1. Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:
(a) A survey of the need for education, prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout the state.
(b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.
(c) A survey of the need for trained teachers, persons who have professional training in fields of health and others involved in the education and prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment.
In developing and revising the state plan, the bureau shall consider, among other things, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of the money, and the limitations of legislative appropriations for alcohol and drug abuse programs.
2. [Is responsible for coordinating] Shall coordinate the efforts to carry out the state plan and [coordinating] coordinate all state and federal financial support of alcohol and drug abuse programs in the state. The bureau must be consulted in the planning of projects and advised of all applications for grants from within the state which are concerned with alcohol and drug abuse programs, and shall review and advise concerning the applications.
3. Shall develop and publish standards of certification and may certify or deny certification of any facilities[, programs or personnel] or programs on the basis of the standards, and publish a list of certified facilities[, programs and personnel.] and programs. Any facilities[, programs or personnel] or programs which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The chief [shall establish requirements for continuing education for persons certified as counselors and administrators of the programs and] may set fees for certification of facilities[, programs or personnel.] or programs. The fees must be calculated to produce the revenue estimated to cover the costs related to the certifications . [, but in no case may the fee for a certificate exceed $100.]
4. Upon request from a facility which is self-supported, may certify the facility[, its programs and personnel] and its programs and add them to the list of certified facilities[, programs and personnel.] and programs.
Sec. 59. NRS 458.031 is hereby amended to read as follows:
Sec. 60. NRS 458.035 is hereby amended to read as follows:
Sec. 61. NRS 458.043 is hereby amended to read as follows:
458.043 As executive head of the bureau, the chief shall:
1. Direct and supervise all administrative and technical activities as provided by NRS 458.010 to [458.360,] 458.350, inclusive, subject to administrative supervision by the director.
2. Subject to the approval of the director, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the bureau may require.
Sec. 62. NRS 458.055 is hereby amended to read as follows:
2. Wherever information concerning persons applying for and receiving any services pursuant to NRS 458.010 to [458.360,] 458.350, inclusive, is furnished to or held by any other government agency or a public or private institution, the use of [such] that information by the agency or institution is subject to the rules established by the bureau pursuant to subsection 1.
3. Except as otherwise provided in NRS 449.705 and chapter 629 of NRS and except for purposes directly connected with the administration of NRS 458.010 to [458.360,] 458.350, inclusive, a person shall not disclose, use or permit to be disclosed, any confidential information concerning a person receiving services pursuant to NRS 458.010 to [458.360,] 458.350, inclusive.
Sec. 63. NRS 458.091 is hereby amended to read as follows:
Sec. 64. NRS 458.100 is hereby amended to read as follows:
2. Money in the account must be used [for the purpose of carrying] to carry out the provisions of NRS 458.010 to [458.360,] 458.350, inclusive, and other programs or laws administered by the bureau.
3. All claims must be approved by the chief before they are paid.
Sec. 65. NRS 458.110 is hereby amended to read as follows:
Sec. 66. NRS 458.115 is hereby amended to read as follows:
Sec. 67. NRS 484.37937 is hereby amended to read as follows:
(a) The person is diagnosed as an alcoholic or abuser of drugs by [a:
(1) Counselor or other person certified] :
(1) An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of this act to make that diagnosis [by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or
(2) Physician] ; or
(2) A physician who is certified to make that diagnosis by the board of medical examiners;
(b) He agrees to pay the cost of the treatment to the extent of his financial resources; and
(c) He has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 48 hours of work for the community.
2. A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:
(a) A violation of NRS 484.3795;
(b) A homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance; or
(c) A violation of the law of any other jurisdiction which prohibits the same or similar conduct as set forth in paragraph (a) or (b).
3. For the purposes of subsection 1, a violation of the law of any other jurisdiction which prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.
4. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.
5. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
6. If the court grants an application for treatment, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
7. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.
8. The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
Sec. 68. NRS 484.3794 is hereby amended to read as follows:
(a) He is diagnosed as an alcoholic or abuser of drugs by [a:
(1) Counselor or other person certified] :
(1) An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of this act to make that diagnosis [by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or
(2) Physician] ; or
(2) A physician who is certified to make that diagnosis by the board of medical examiners;
(b) He agrees to pay the costs of the treatment to the extent of his financial resources; and
(c) He has served or will serve a term of imprisonment in jail of 5 days, and if required pursuant to NRS 484.3792, has performed or will perform not less than 50 hours, but not more than 100 hours, of work for the community.
2. A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:
(a) A violation of NRS 484.3795;
(b) A homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance; or
(c) A violation of the law of any other jurisdiction which prohibits the same or similar conduct as set forth in paragraph (a) or (b).
3. For the purposes of subsection 1, a violation of the law of any other jurisdiction which prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.
4. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.
5. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
6. If the court determines that an application for treatment should be granted, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
7. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.
8. The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
Sec. 69. NRS 484.37943 is hereby amended to read as follows:
2. If a person is convicted of a first violation of NRS 484.379 and he is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.
3. Except as otherwise provided in subsection 4 or 5, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:
(a) [A counselor certified] An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of this act to make that evaluation [by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;] ; or
(b) A physician who is certified to make that evaluation by the board of medical examiners , [; or
(c) A person who is approved to make that evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation,]
who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
4. The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
5. The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.
6. An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this state outside an evaluation center shall not charge an offender more than $100 for the evaluation.
Sec. 70. NRS 484.3796 is hereby amended to read as follows:
2. The evaluation must be conducted by:
(a) [A counselor certified] An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of this act to make such an evaluation ; [by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;]
(b) A physician who is certified to make such an evaluation by the board of medical examiners; or
(c) A psychologist who is certified to make such an evaluation by the board of psychological examiners.
3. The alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the director of the department of prisons.
Sec. 71. NRS 488.430 is hereby amended to read as follows:
2. The evaluation must be conducted by:
(a) [A counselor certified] An alcohol and drug abuse counselor who is licensed or certified pursuant to sections 2 to 44, inclusive, of this act to make such an evaluation ; [by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;]
(b) A physician who is certified to make such an evaluation by the board of medical examiners; or
(c) A psychologist who is certified to make such an evaluation by the board of psychological examiners.
3. The alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the director of the department of prisons.
Sec. 72. NRS 608.0116 is hereby amended to read as follows:
608.0116 “Professional” means pertaining to an employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645, inclusive, of NRS[.] and sections 2 to 44, inclusive, of this act.
Sec. 73. Section 23 of this act is hereby amended to read as follows:
Sec. 23. The board shall issue a license as an alcohol and drug abuse counselor to:
1. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has received a master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the board;
(d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act; and
(f) Pays the fees required pursuant to section 34 of this act . [; and
(g) Submits the statement required pursuant to section 22 of this act.]
2. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Is:
(1) Licensed as a social worker pursuant to chapter 641A of NRS;
(2) Licensed as a marriage and family therapist pursuant to chapter 641B of NRS; or
(3) A registered nurse who is licensed pursuant to chapter 632 of NRS and has received a master’s degree or a doctoral degree from an accredited college or university;
(d) Has completed at least 6 months of supervised counseling of alcohol and drug abusers approved by the board;
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act; and
(f) Pays the fees required pursuant to section 34 of this act . [; and
(g) Submits the statement required pursuant to section 22 of this act.]
Sec. 74. Section 25 of this act is hereby amended to read as follows:
Sec. 25. 1. The board shall issue a certificate as an alcohol and drug abuse counselor to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has received a bachelor’s degree from an accredited college or university in a field of social science approved by the board;
(d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;
(e) Passes the written and oral examinations prescribed by the board pursuant to section 28 of this act; and
(f) Pays the fees required pursuant to section 34 of this act . [; and
(g) Submits the statement required pursuant to section 22 of this act.]
2. A certificate as an alcohol and drug abuse counselor is valid for 2 years and may be renewed.
3. A certified alcohol and drug abuse counselor may:
(a) Engage in the practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or abuser of drugs.
Sec. 75. Section 26 of this act is hereby amended to read as follows:
Sec. 26. 1. The board shall issue a certificate as an alcohol and drug abuse counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has a high school diploma or a general equivalency diploma;
(d) Pays the fees required pursuant to section 34 of this act; and
(e) Submits proof to the board that he:
(1) Is enrolled in a program from which he will receive an associate’s degree, bachelor’s degree, master’s degree or doctoral degree in nursing or in a field of social science approved by the board; or
(2) Has received an associate’s degree, bachelor’s degree, master’s degree or doctoral degree in nursing or in a field of social science approved by the board . [; and
(f) Submits the statement required pursuant to section 22 of this act.]
2. A certificate as an alcohol and drug abuse counselor intern is valid for 1 year and may be renewed.
3. A certified intern may, under the supervision of a licensed counselor:
(a) Engage in the practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or drug abuser.
Sec. 76. Section 32 of this act is hereby amended to read as follows:
Sec. 32. Except as otherwise provided in section 31 of this act, a person may renew his license or certificate by submitting to the board:
1. An application for the renewal of his license or certificate;
2. The fee for the renewal of a license or certificate prescribed in section 34 of this act;
3. Evidence of his completion of the continuing education required by the board; and
4. If the applicant is a certified intern, the name of the licensed counselor who supervises him . [; and
5. The statement required pursuant to section 22 of this act.]
Sec. 77. Section 33 of this act is hereby amended to read as follows:
Sec. 33. 1. A license or certificate that is not renewed on or before the date on which it expires is delinquent. The board shall, within 30 days after the license or certificate becomes delinquent, send a notice to the licensed or certified counselor or certified intern by certified mail, return receipt requested, to the address of the counselor or intern as indicated in the records of the board.
2. A licensed or certified counselor or certified intern may renew a delinquent license or certificate within 60 days after the license or certificate becomes delinquent by complying with the requirements of section 32 of this act and paying, in addition to the fee for the renewal of the license or certificate, the fee for the renewal of a delinquent license or certificate prescribed in section 34 of this act.
3. A license or certificate expires 60 days after it becomes delinquent if it is not renewed within that period.
4. A license or certificate that has expired may be restored if the applicant:
(a) Submits to the board an application to restore the license or certificate;
(b) [Submits to the board the statement required pursuant to section 22 of this act;
(c)] Pays the renewal fees for the period during which the license or certificate was expired and the fee for the restoration of a license or certificate prescribed in section 34 of this act;
[(d)] (c) Passes the oral and written examinations prescribed by the board; and
[(e)] (d) Submits to the board evidence of his completion of the continuing education required by the board.
Sec. 78. NRS 458.026, 458.027, 458.028 and 458.360 are hereby repealed.
Sec. 79. Notwithstanding the provisions of sections 2 to 44, inclusive, of this act, a person who engages in the practice of counseling alcohol and drug abusers is not required to be licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to the provisions of this act before January 1, 2001.
Sec. 80. Notwithstanding the provisions of sections 2 to 44, inclusive, of this act, an applicant for:
1. A license as an alcohol and drug abuse counselor must be issued a license by the board of examiners for alcohol and drug abuse counselors if the applicant submits to the board before January 1, 2001:
(a) An application on a form provided by the board;
(b) The application fee prescribed in section 34 of this act;
(c) Proof of his certification as an alcohol and drug abuse counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; and
(d) The statement required pursuant to section 22 of this act unless after October 1, 1999, the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(1) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(2) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
2. A certificate as an alcohol and drug abuse counselor intern must be issued a certificate by the board of examiners for alcohol and drug abuse counselors if the applicant submits to the board before January 1, 2001:
(a) An application on a form provided by the board;
(b) The application fee prescribed in section 34 of this act;
(c) Proof of his certification as an intern counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; and
(d) The statement required pursuant to section 22 of this act unless after October 1, 1999, the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses or certificates of persons who:
(1) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(2) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
Sec. 81. Notwithstanding the provisions of section 14 of this act, each alcohol and drug abuse counselor who is appointed to the board of examiners for alcohol and drug abuse counselors created pursuant to section 14 of this act to an initial term must be eligible for a license or certificate as an alcohol and drug abuse counselor but need not be licensed or certified pursuant to this chapter at the time he is appointed to the board.
Sec. 82. As soon as practicable after October 1, 1999, the governor shall appoint to the board of examiners for alcohol and drug abuse counselors:
1. One member whose term expires on September 30, 2001.
2. Two members whose terms expire on September 30, 2002.
3. Two members whose terms expire on September 30, 2003.
Sec. 83. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.
Sec. 84. 1. This section and sections 1 to 72, inclusive, and 78 to 83, inclusive, of this act become effective on October 1, 1999.
2. Sections 73 to 77, inclusive, of this act, become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
3. Sections 21, 22 and 43 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.”.
Amend the title of the bill to read as follows:
“AN ACT relating to professions; creating the board of examiners for alcohol and drug abuse counselors; prescribing the powers and duties of the board; requiring persons who counsel alcohol and drug abusers to be licensed or certified by the board; prescribing the requirements for licensure and certification; providing a penalty; and providing other matters properly relating thereto.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 334.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 253.
Amend section 1, page 2, line 13, after “8.” by inserting: “To a person engaged in the business of providing services related to job placement, including, without limitation, conducting interviews, psychological testing or other preemployment testing, if the person is not otherwise engaged in the business of a private investigator.
9. To a person who for consideration verifies or attempts to verify the information contained in:
(a) An application for employment, pursuant to the request of an employer; or
(b) An application for tenancy, pursuant to the request of a landlord or property manager,
if the person is not otherwise engaged in the business of a private investigator.
10.”.
Amend section 1, page 2, line 16, by deleting “9.” and inserting “11.”.
Amend section 1, page 2, line 17, by deleting “10.” and inserting “12.”.
Amend section 1, page 2, line 23, by deleting “11.” and inserting “13.”.
Amend section 1, page 2, line 26, by deleting “12.” and inserting “14.”.
Amend section 1, page 2, line 28, by deleting “13.” and inserting “15.”.
Amend the title of the bill by deleting the first through third lines and inserting:
“AN ACT relating to private investigators; exempting certain persons from provisions governing the licensure”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Senator Townsend disclosed that his wife is a property manager.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 374.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 246.
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. Chapter 616B of NRS is hereby amended by adding thereto a new section to read as follows:
A person shall not solicit or recruit an employer to join an association of self-insured public or private employers unless he is:
1. If the association is an association of self-insured private employers, an employee of the bona fide trade association to which the members of the association belong;
2. An employee of the administrator of the association of self-insured public or private employers;
3. An employee of a member of the association of self-insured public or private employers; or
4. A licensed insurance agent or broker.”.
Amend the bill as a whole by renumbering sections 2 and 3 as sections 5 and 6 and adding new sections designated sections 2 through 4, following section 1, to read as follows:
“Sec. 2. NRS 616B.383 is hereby amended to read as follows:
2. A solicitor] An association of self-insured public or private employers shall provide to the commissioner upon request a copy of any document relating to a solicitation [which was prepared after the solicitor filed his application for a permit.] of an employer to join the association.
Sec. 3. NRS 616B.425 is hereby amended to read as follows:
2. If the commissioner determines that an association or a member of the association has violated an order to cease and desist, the commissioner may impose an administrative fine of not more than $10,000 for each violation of the order, not to exceed an aggregate amount of $100,000, or withdraw the certificate of the association, or both.
Sec. 4. NRS 616B.428 is hereby amended to read as follows:
2. The commissioner may withdraw the certificate of an association of self-insured public or private employers if:
(a) The association’s certificate was obtained by fraud;
(b) The application for certification contained a material misrepresentation;
(c) The association is found to be insolvent;
(d) The association fails to have five or more members;
(e) The association fails to pay the costs of any examination or any penalty, fee or assessment required by the provisions of chapters 616A to 616D, inclusive, of NRS;
(f) The association fails to comply with any of the provisions of this chapter or chapter 616A, 616C or 616D of NRS, or any regulation adopted pursuant thereto;
(g) The association fails to comply with any order of the commissioner within the time prescribed by the provisions of chapters 616A to 616D, inclusive, of NRS or in the order of the commissioner; or
(h) The association or its third-party administrator misappropriates, converts, illegally withholds or refuses to pay any money to which a person is entitled and that was entrusted to the association in its fiduciary capacity.
3. If the commissioner withdraws the certification of an association of self-insured public or private employers, each employer who is a member of the association remains liable for his obligations incurred before and after the order of withdrawal.
4. Any employer who is a member of an association whose certification is withdrawn shall, on the effective date of the withdrawal, qualify as an employer pursuant to NRS 616B.650.”.
Amend sec. 2, page 2, by deleting lines 25 and 26 and inserting:
“Sec. 5. NRS 616A.315, 616B.374, 616B.377 and 616B.380 are hereby repealed.”.
Amend the leadlines of repealed sections by deleting the leadlines of NRS 616B.371 and 616B.383.
Amend the title of the bill by deleting the first through fifth lines and inserting:
“AN ACT relating to associations of self-insured public and private employers; prohibiting persons from soliciting memberships for an association except under certain circumstances; requiring an association to provide to the commissioner of insurance certain documents relating to solicitation of memberships for an association; eliminating the requirement that a person”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 403.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 591.
Amend section 1, page 2, by deleting line 1 and inserting:
“3. [Except as otherwise provided in subsection 7, the] The total number of”.
Amend section 1, page 2, by deleting line 10 and inserting:
“4. [Except as otherwise provided in subsection 7, the] The total number of”.
Amend section 1, pages 2 and 3, by deleting lines 28 through 41 on page 2 and lines 1 and 2 on page 3 and inserting:
(a) Free child care for the children of the employee at an on-site child care facility; or
(b) One or more vouchers for use by the employee to pay the total cost of child care for the calendar quarter at a licensed child care facility that is within a reasonable distance from the business.
8. The number of hours excluded pursuant to subsection 7 must not reduce the total tax liability of the business by more than 50 percent.
9. As used in this section, the term “on-site child care facility” has the meaning ascribed to it in NRS 432A.0275.]”.
Amend the title of the bill to read as follows:
“AN ACT relating to taxation; eliminating the provision that authorizes a reduction in the business tax for a business that provides child care for certain employees with low income; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Eliminates provision authorizing reduction in business tax for business that provides child care for certain employees with low income. (BDR 32-6)”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senators McGinness and James.
Motion carried on a division of the house.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 418.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 573.
Amend sec. 5, page 2, by deleting sec. 5 and inserting:
“Sec. 5. (Deleted by amendment.)”.
Amend sec. 7, page 3, by deleting line 3 and inserting: “general; and”.
Amend sec. 9, page 3, by deleting lines 12 through 24 and inserting:
“Sec. 9. The attorney general may investigate any alleged liability pursuant to this chapter and may bring a civil action pursuant to this chapter against the person liable.”.
Amend sec. 10, page 3, by deleting sec. 10 and inserting:
“Sec. 10. (Deleted by amendment.)”.
Amend sec. 11, page 4, by deleting lines 8 and 9 and inserting: “seal and so remain until the attorney general has elected whether to intervene. No service may”.
Amend sec. 11, page 4, by deleting line 13 and inserting “requested.”.
Amend sec. 12, page 4, line 16, by deleting “60” and inserting “120”.
Amend sec. 12, page 4, by deleting lines 17 and 18 and inserting: “disclosure, the attorney general may intervene and proceed with the action or”.
Amend sec. 12, page 4, by deleting lines 22 through 28 and inserting:
“2. If the attorney general elects to intervene, the complaint must be unsealed. If the attorney general”.
Amend the bill as a whole by deleting sections 13 and 14 and inserting:
“Secs. 13 and 14. (Deleted by amendment.)”.
Amend sec. 15, page 5, line 11, by deleting: “or prosecuting authority”.
Amend sec. 15, page 5, line 14, by deleting: “or the prosecuting authority”.
Amend sec. 15, page 5, line 19, by deleting: “or the prosecuting authority”.
Amend sec. 15, page 5, line 20, by deleting: “or the prosecuting authority”.
Amend sec. 17, page 6, by deleting lines 1 and 2 and inserting:
“Sec. 17. 1. If the attorney general elects not to intervene in an action pursuant to section 11 of this”.
Amend sec. 17, page 6, by deleting lines 6 through 8 and inserting: “taken, must be mailed to the attorney general if the attorney general so requests and pays the cost thereof.
2. Upon timely application, the attorney general may”.
Amend sec. 17, page 6, line 9, by deleting “it” and inserting “he”.
Amend sec. 17, page 6, line 10, after “or” by inserting “a”.
Amend sec. 17, page 6, line 13, by deleting: “state or a political subdivision” and inserting “attorney general”.
Amend sec. 17, page 6, line 15, by deleting: “state or political subdivision” and inserting “attorney general”.
Amend sec. 19, page 6, by deleting lines 20 through 22 and inserting:
“Sec. 19. If the attorney general initiates an action pursuant to this chapter, 33 percent of any recovery must be paid into the state general”.
Amend sec. 19, page 6, by deleting lines 26 through 37.
Amend sec. 20, page 6, line 38, by deleting: “or a prosecuting authority”.
Amend sec. 20, pages 6 and 7, by deleting line 43 on page 6 and lines 1 through 4 on page 7 and inserting: “the action.
2. If the attorney general does not intervene in the”.
Amend sec. 21, page 7, by deleting lines 12 through 15 and inserting: “award him no more than 33 percent of the recovery if the attorney general intervenes in the action at the outset, or no more than 50 percent if the attorney general does not intervene, according to the significance of his information, the extent of”.
Amend sec. 21, page 7, by deleting lines 23 through 25 and inserting: “the attorney general intervenes in the action at the outset, or no more than 50 percent if the attorney general does not intervene, according to the significance of his information, the extent”.
Amend sec. 23, page 7, line 37, by deleting: “state, a political subdivision” and inserting “attorney general”.
Amend sec. 24, page 8, line 6, by deleting: “or a prosecuting authority”.
Amend sec. 24, page 8, line 9, by deleting: “or prosecuting authority”.
Amend sec. 24, page 8, line 12, by deleting: “or prosecuting authority”.
Amend sec. 24, page 8, by deleting line 16 and inserting: “private plaintiff, except for good cause shown by the attorney general.”.
Amend sec. 25, page 8, lines 19 and 20, by deleting: “or a prosecuting authority”.
Amend sec. 27, page 8, by deleting line 40 and inserting: “general or an original source of the information.”.
Amend sec. 30, page 9, line 36, by deleting: “or prosecuting authority”.
Amend sec. 30, page 9, line 37, by deleting “10” and inserting “5”.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 431.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 385.
Amend sec. 3, page 5, line 5, after “2.” by inserting: “If the board of trustees denies an application after it has been resubmitted pursuant to subsection 1, the applicant may submit a written request to the state board, not more than 30 days after receipt of the written notice of denial, to direct the board of trustees to reconsider the application. The state board shall consider requests for reconsideration in the order in which they are received. If the state board receives such a request, it shall consider the request at its next regularly scheduled meeting and ensure that notice of the meeting is posted in accordance with chapter 241 of NRS. Not more than 30 days after the meeting, the state board shall provide written notice of its determination to the applicant and to the board of trustees.
3. If the state board grants a request to direct reconsideration, the written notice to the board of trustees of the school district who denied the application must include, without limitation, instructions to the board of trustees concerning the reconsideration of the application. Not more than 30 days after receipt of the written notice from the state board directing the reconsideration, the board of trustees shall reconsider the application in accordance with the instructions of the state board, make a final determination on the application and provide written notice of the determination to the applicant. If, upon reconsideration of the application, the board of trustees denies the application, the applicant may, not more than 30 days after the receipt of the written notice from the board of trustees, appeal the final determination to the district court of the county in which the proposed charter school will be located.
4.”.
Amend sec. 3, page 5, line 21, by deleting “3.” and inserting “[3.] 5.”.
Amend sec. 3, page 5, line 24, by deleting “4.” and inserting “[4.] 6.”.
Amend sec. 5, page 6, by deleting line 11 and inserting:
“6. [Schedule] Except as otherwise provided in this subsection, schedule and provide annually at least as many days of ”.
Amend sec. 5, page 6, line 13, after “located.” by inserting: “The governing body of a charter school may submit a written request to the superintendent of public instruction for a waiver from providing the days of instruction required by this subsection. The superintendent of public instruction may grant such a request if the governing body demonstrates to the satisfaction of the superintendent that:
(a) Extenuating circumstances exist to justify the waiver; and
(b) The charter school will provide at least as many hours or minutes of instruction as would be provided under a program consisting of 180 days.”.
Amend the bill as a whole by renumbering sections 9 through 11 as sections 11 through 13 and inserting new sections designated sections 9 and 10, following sec. 8, to read as follows:
“Sec. 9. NRS 41.0305 is hereby amended to read as follows:
Sec. 10. NRS 41.0307 is hereby amended to read as follows:
41.0307 As used in NRS 41.0305 to 41.039, inclusive:
1. “Employee” includes an employee of a [part-time] :
(a) Part-time or full-time board, commission orsimilar body of the state or a political subdivision of the state which is created by law.
(b) Charter school.
2. “Employment” includes any services performed by an immune contractor.
3. “Immune contractor” means any natural person, professional corporation or professional association which:
(a) Is an independent contractor with the state pursuant to NRS 284.173; and
(b) Contracts to provide medical services for the department of prisons.
As used in this subsection, “professional corporation” and “professional association[,]” have the meanings ascribed to them in NRS 89.020.
4. “Public officer” or “officer” includes:
(a) A member of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law.
(b) A public defender and any deputy or assistant attorney of a public defender or an attorney appointed to defend a person for a limited duration with limited jurisdiction.
(c) A district attorney and any deputy or assistant district attorney or an attorney appointed to prosecute a person for a limited duration with limited jurisdiction.”.
Amend sec. 11, page 11, by deleting line 3 and inserting:
“Sec. 13. 1. This act becomes effective on July 1, 1999.
2. Section 11 of this act expires by limitation on July 1, 2001.”.
Amend the title of the bill, by deleting the second line and inserting: “pupils; providing for a process of appeal if the board of trustees of a school district denies an application for a charter school; authorizing a charter school to request a waiver from the number of days of instruction required by law; revising provisions governing the liability and immunity from liability of charter schools; revising”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 435.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 386.
Amend sec. 2, page 1, line 4, by deleting “shall” and inserting “may”.
Amend sec. 2, page 1, line 5, by deleting “Each” and inserting: “If such a commission is established, each”.
Amend sec. 2, pages 1 and 2, by deleting lines 13 through 17 on page 1 and line 1 on page 2 and inserting:
“3. If such a commission is established, the commission shall:
(a) Elect a chairman from among its members;
(b) Prescribe bylaws for its own management and government and submit the bylaws to the board of trustees of the school district for ratification;
(c) Meet as often as is necessary for the commission to perform its duties successfully and at the times and places specified by a”.
Amend sec. 3, page 2, by deleting lines 18 through 28 and inserting:
“1. Prepare a 3-year plan for the renovation of school facilities and a 5‑year plan for the construction of school facilities within the school district for submission to the commission for its review and recommendations;
2. Appoint the assistant superintendent of school facilities or his designee, if the board of trustees has employed a person to serve in that capacity, or otherwise appoint an employee of the school district who has knowledge and experience in school construction to act as a liaison between the school district and the commission;
3. Consider each recommendation made by the commission and, if the board of trustees does not adopt a recommendation, state in writing the reason for its action and include the statement in the minutes of the board of trustees, if applicable; and
4. Provide administrative support to the commission.”.
Amend sec. 4, pages 2 and 3, by deleting lines 29 through 42 on page 2 and lines 1 through 6 on page 3, and inserting:
“Sec. 4. If a commission to oversee school construction is established pursuant to section 2 of this act, the commission shall:
1. Work cooperatively with the board of trustees of the school district to ensure that the program of school construction and renovation is responsive to the educational needs of pupils within the school district;
2. Review the 3-year plan for the renovation of school facilities and the 5-year plan for the construction of school facilities submitted by the board of trustees of the school district and make recommendations to the board of trustees for any necessary revisions to the plans;
3. On a quarterly basis, or more frequently if the commission determines necessary, evaluate the program of school construction and renovation that is designed to carry out the 3-year plan and the 5-year plan and make recommendations to the board of trustees concerning the program;
4. Review all items listed on an agenda of the board of trustees that relate to school construction and renovation, including, without limitation, items relating to the financing of school construction and renovation and items relating to contracts for the construction or renovation of school facilities, and make recommendations for approval or revision of the items on the agenda;
5. Make recommendations for the management of construction and renovation of school facilities within the school district in a manner that ensures effective and efficient expenditure of public money; and
6. Submit an annual report to the oversight panel for school facilities established pursuant to NRS 393.092 that includes a summary of the progress of the construction and renovation of school facilities within the school district and the expenditure of money from the proceeds of bonds for the construction and renovation, if such information is available to the commission.”.
Amend sec. 5, page 3, by deleting liens 7 and 8 and inserting:
“Sec. 5. If a commission to oversee school construction is established pursuant to section 2 of this act, the board of trustees of the school district shall submit”.
Amend the title of the bill, first line, by deleting “requiring” and inserting “authorizing”.
Amend the summary of the bill, first line, by deleting “Establishes” and inserting: “Authorizes establishment of”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 437.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 336.
Amend the bill as a whole by deleting sections 1 through 37 and the text of repealed sections and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.
2. “Eligible bidder” means a person who [was] is found to be a responsible and responsive contractor by a public body which [awarded a contract] requests bids for a public work.
3. “Offense” means failing to:
(a) Pay the prevailing wage required pursuant to this chapter;
(b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS; or
(c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS.
4. “Prime contractor” means a person who:
(a) Contracts to complete an entire project;
(b) Coordinates all work performed on the entire project;
(c) Uses his own work force to perform all or a part of the construction, repair or reconstruction of the project; and
(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.
5. “Public body” means the state, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.
[5.] 6. “Public work” means any project for the new construction, repair or reconstruction of:
(a) A project financed in whole or in part from public money for:
(1) Public buildings;
(2) Jails and prisons;
(3) Public roads;
(4) Public highways;
(5) Public streets and alleys;
(6) Public utilities which are financed in whole or in part by public money;
(7) Publicly owned water mains and sewers;
(8) Public parks and playgrounds;
(9) Public convention facilities which are financed at least in part with public funds; and
(10) All other publicly owned works and property whose cost as a whole exceeds $20,000. Each separate unit which is a part of a project is included in the cost of the project for the purpose of determining whether a project meets this threshold.
(b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by the state or federal money.
[6.] 7. “Wages” means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the workman.
[7.] 8. “Workman” means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman. The term does not include a “design professional” as that term is defined in NRS 338.155.
Sec. 2. NRS 338.147 is hereby amended to read as follows:
2. Except as otherwise provided in subsection [4] 8 or limited by subsection [5,] 9, for the purposes of this section, a contractor who:
(a) Has been found to be a responsible and responsive contractor by the public body; and
(b) At the time he submits his bid, provides to the public body [proof of the payment of:] a copy of a certificate of eligibility to receive a preference in bidding on public works issued to him by the state contractors’ board pursuant to subsection 3,
shall be deemed to have submitted a better bid than a competing contractor who has not provided a copy of such a valid certificate of eligibility if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.
3. The state contractors’ board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the board an affidavit from a certified public accountant setting forth that the general contractor has:
(a) Paid:
(1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this state, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this state that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of [his bid;] the affidavit from the certified public accountant;
(2) The motor vehicle privilege tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this state of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of [his bid;] the affidavit from the certified public accountant; or
(3) Any combination of such sales and use taxes and motor vehicle privilege tax[,
shall be deemed to have submitted a better bid than a competing contractor who has not provided proof of the payment of those taxes if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.
3. A contractor who has previously provided the public body awarding a contract with the proof of payment required pursuant to subsection 2 may update such proof on or before April 1, July 1, September 1 and December 1 rather than with each bid.
4.] ; or
(b) Acquired, by inheritance, gift or transfer through a stock option plan for employees, all the assets and liabilities of a viable, operating construction firm that possesses a:
(1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on public works.
4. For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3, a general contractor shall be deemed to have paid:
(a) Sales and use taxes and motor vehicle privilege taxes paid in this state by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor; and
(b) Sales and use taxes paid in this state by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.
5. A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the state contractors’ board pursuant to subsection 3 shall, at the time for the annual renewal of his contractors’ license pursuant to NRS 624.283, submit to the board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold such a certificate.
6. A contractor who fails to submit an affidavit to the board pursuant to subsection 5 ceases to be eligible to receive a preference in bidding on public works unless he reapplies for and receives a certificate of eligibility pursuant to subsection 3.
7. If a contractor who applies to the state contractors’ board for a certificate of eligibility to receive a preference in bidding on public works submits false information to the board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the board becomes aware of the submission of the false information.
8. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work. The provisions of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.
[5. Except as otherwise provided in subsection 6, if]
9. If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.
[6. Except as otherwise provided in subsection 8, if a bid is submitted by a joint venture and one or more of the joint venturers has responsibility for the performance of the contract as described in subsection 7, the provisions of subsection 2 apply only to those joint venturers who have such responsibility.
7. For the purposes of subsection 6, a joint venturer has responsibility for the performance of a contract if he has at least one of the following duties or obligations delegated to him in writing in the contract creating the joint venture:
(a) Supplying the labor necessary to perform the contract and paying the labor and any related taxes and benefits;
(b) Supplying the equipment necessary to perform the contract and paying any charges related to the equipment;
(c) Contracting with and making payments to any subcontractors; or
(d) Performing the recordkeeping for the joint venture and making any payments to persons who provide goods or services related to the performance of the contract.
8. The provisions of subsection 6 do not apply to a joint venture which is formed for the sole purpose of circumventing any of the requirements of this section.]
10. The state contractors’ board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.
11. A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid or proposal on a contract for the completion of a public work. A written objection authorized pursuant to this subsection must:
(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and
(b) Be filed with the public body at or after the time at which the contractor submitted the bid or proposal to the public body and before the time at which the public body awards the contract for which the bid or proposal was submitted.
12. If a public body receives a written objection pursuant to subsection 11, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and may proceed to award the contract accordingly.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public works; making various changes with respect to the eligibility of a contractor to receive a preference in bidding on public works; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes with respect to eligibility of contractor to receive preference in bidding on public works. (BDR 28‑52)”.
Senator Porter moved the adoption of the amendment.
Remarks by Senators Porter, James and O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 521.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 439.
Amend sec. 2, page 1, line 3, after “1.” by inserting: “A taxpayer may collect an admission fee for the exhibition of fine art otherwise exempt from taxation pursuant to NRS 361.068 if the taxpayer offers to residents of the State of Nevada a discount of 50 percent from any admission fee charged to nonresidents. The discounted admission fee for residents must be offered for a total of at least 25 hours each week between 6 p.m. and 12 a.m. during the year for which the exemption is claimed.
2.”.
Amend sec. 2, page 1, line 8, by deleting “2.” and inserting “3.”.
Amend sec. 2, page 1, line 9, after “collected” by inserting: “for exhibiting the fine art”.
Amend sec. 2, page 1, line 11, by deleting “and indirect”.
Amend sec. 2, page 1, line 12, after “to” by inserting: “supervised programs for the arts as provided in NRS 62.211 and”.
Amend sec. 2, page 1, line 14, by deleting “art;” and inserting: “art, including the cost of meeting the requirements of subparagraph (4) of paragraph (b) of subsection 5 of NRS 361.068;”.
Amend sec. 2, page 1, line 18, by deleting “3.” and inserting “4.”.
Amend sec. 4, page 2, line 24, by deleting “1” and inserting “2”.
Amend sec. 4, page 3, by deleting lines 1 through 6 and inserting “subsection 5.”.
Amend sec. 4, page 3, line 32, by deleting “it;” and inserting: “it, or if the gallery, museum or other building or area in which the fine art will be displayed will not be opened until after the beginning of the fiscal year for which the exemption is claimed, these display requirements must instead be met for the first full fiscal year after the date of opening, and the date of opening must not be later than 2 years after the purchase of the fine art being displayed;”.
Amend sec. 4, page 3, by deleting lines 33 and 34 and inserting:
“(4) Is on display in a facility that is available for [educational purposes.] group tours by pupils or students for at least 5 hours on at least 20 days of each full year for which the exemption is claimed, during which the”.
Amend sec. 5, page 4, line 18, by deleting “1” and inserting “2”.
Amend sec. 5, page 4, by deleting lines 36 through 41 and inserting “subsection 4.”.
Amend sec. 5, page 5, line 16, by deleting “it;” and inserting: “it, or if the gallery, museum or other building or area in which the fine art will be displayed will not be opened until after the beginning of the fiscal year for which the exemption is claimed, these display requirements must be met for the first full fiscal year after the date of opening, and the date of opening must not be later than 2 years after the purchase of the fine art being displayed;”.
Amend sec. 5, page 5, by deleting lines 17 and 18 and inserting:
“(4) Is on display in a facility that is available for [educational purposes.] group tours by pupils or students for at least 5 hours on at least 20 days of each full year for which the exemption is claimed, during which the”.
Amend sec. 6, page 5, line 32, after “1.” by inserting: “A taxpayer may collect an admission fee for the exhibition of fine art otherwise exempt from taxation on its sale, storage, use or other consumption pursuant to NRS 374.291 if the taxpayer offers to residents of the State of Nevada a discount of 50 percent from any admission fee charged to nonresidents. The discounted admission fee for residents must be offered for a total of at least 25 hours each week between 6 p.m. and 12 a.m. during the first full calendar year after the purchase of the fine art.
2.”.
Amend sec. 6, page 5, by deleting line 33 and inserting: “exempt from taxation on its sale, storage, use or other consumption pursuant to NRS 374.291 and the fee is collected during”.
Amend sec. 6, page 5, line 34, by deleting “its purchase,” and inserting: “the purchase of the fine art,”.
Amend sec. 6, page 5, line 35, after “purchased” by inserting: “or upon the sale or use of the fine art”.
Amend sec. 6, page 5, line 37, by deleting “2.” and inserting:
“3. Any tax due pursuant to this section must be paid with the first sales and use tax return otherwise required to be filed by the taxpayer following the 15th day of the fourth month after the end of the first full calendar year following the purchase of the fine art or, if no sales and use tax return is otherwise required to be filed by the taxpayer, with a sales and use tax return filed specifically for this purpose on or before the last day of the fourth month after the end of the first full calendar year following the purchase of the fine art.
4.”.
Amend sec. 6, page 5, line 38, after “collected” by inserting: “for exhibiting the fine art”.
Amend sec. 6, page 5, line 40, by deleting “and indirect”.
Amend sec. 6, page 5, line 41, after “to” by inserting: “supervised programs for the arts as provided in NRS 62.211 and”.
Amend sec. 6, page 5, line 43, by deleting “art;” and inserting: “art, including the cost of meeting the requirements of paragraph (d) of subsection 3 of NRS 374.291;”.
Amend sec. 7, page 6, by deleting line 7 and inserting: “personal property. The terms do not include a sale of property that:
(a) Meets the requirements of paragraphs (a) and (b) of subsection 3 of NRS 374.291;
(b) Is made available for sale within 2 years after it is acquired; and
(c) Is made available for viewing by the public or prospective purchasers, or both, within 2 years after it is acquired, whether or not a fee is charged for viewing it and whether or not it is also used for purposes other than viewing.”.
Amend sec. 7, page 6, by deleting lines 15 through 23.
Amend the bill as a whole by deleting sec. 8 and inserting:
“Sec. 8. (Deleted by amendment.)”.
Amend sec. 9, page 7, by deleting line 4 and inserting:
“2. The keeping, retaining or exercising any right or power over tangible personal property that:”.
Amend sec. 9, page 7, line 5, by deleting “subsection 2” and inserting “subsection 3”.
Amend sec. 10, page 7, line 13, by deleting “section 3” and inserting “section 6”.
Amend sec. 10, page 7, line 34, by deleting “purchased;” and inserting: “purchased [;] , or if the facility displaying the fine art disposes of it before the end of that year, during at least two-thirds of the full weeks during which the facility had possession of it, or if the gallery, museum, or other building or area in which the fine art will be displayed will not be opened until after the beginning of the first full calendar year after the date on which the fine art is purchased, these display requirements must instead be met for the first full calendar year after the date of opening, and the date of opening must not be later than 2 years after the purchase of the fine art being displayed;”.
Amend sec. 10, page 7, by deleting lines 35 and 36 and inserting:
“(d) Will be on display in a facility that is available for [educational purposes.] group tours by pupils or students for at least 5 hours on at least 20 days of the first full calendar year after the purchase of the fine art, during which the”.
Amend sec. 12, page 8, by deleting lines 12 and 13 and inserting: “leases, dispositions, keeping and retention of property, and to property held, before, on or after that date except that the provisions of subsection 1 of sections 2 and 6 of this act do not apply to require the taxpayer to have offered discounted admission fees for residents before July 1, 1999.”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senators McGinness and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 542.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 523.
Amend sec. 5, page 4, by deleting lines 40 through 42 and inserting: “within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and”.
Amend sec. 6, page 6, by deleting lines 21 and 22 and inserting: “commission , or the director of planning or other authorized person or agency if authorized to take final action by the governing body, stating that [it approved] the governing body, planning commission, director of planning or other authorized person or agency:”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Assembly Bills Nos. 20, 85.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Bishop Manogue High School: April Anderson, Brian Anderson, Mary Ann Angeles, Jessica Armbrust, Chris Arrington, Jennifer Bearisto, Renee Berry, Kelly Bertleson, Condy Brandtner, Mandy Brintnall, Emily Brown, Ramon Cabauaton, Cherish Camp, Rachelle Carano, Kristen Cetovick, Kristen Dahlke, Paul Dashiell, Tiffany Davis, Desiree Digesti, Jessica Dobra, Ryan Doetch, Dan Dorsey, Kristina Dulcey, Sarah Estes, Luke Federici, Lance Ferrato, Brendan Ferris, Whittney Files, Dustin Garcia, Cathy Goff, Will Graettinger, Jennifer Griffith, Julie Handy, Jon Hodges, Samantha Huston, Courtney Hydrick, Lindsey Jones, Destinee Kerr, Jennifer Kirkbride, Padraic Landes, Natalia Leno, Catherine Leon, Jennifer Little, Kristen Little, Kristen Luchetti, Brad Maloy, Brett Martinez, Joe McAnally, Erin McMullen, Sean McNulty, Lisel Melchor, Jennifer Minor, Mackenzie Mishier, Eric Morton, Dan Moss, Katherine Moynihan, Heidi Nagel, Micaela Neus, Jeremy Nevin, Cathy Norman, Angie O’Donnell, Todd O’Gara, Pat O’Mara, Ken Ohanian, Monique Oskam, Mandy Palm, Tina Pan, Sean Pecorino, Kristin Peregrin, Chris Pfrommer, Matt Phillips, Jana Pohl, Elizabeth Poindexter, Will Quaglieri, Paul Quandt, Joe Rebideaux, Tara Reck, Matt Ritter, Matt Ronhaar, Allison Sawyer, Chris Schmitt, Sean Settewongse, Rita Shanley, Bobbijean Smith, Lindsey Smith, Tim Springer, Dan Stock, Rory Sullivan, Sean Sullivan, Ashley Taggart, Jason Tatomer, Medwynn Vergara, Nathan Vohland, Craig Wagner, Philip Wang, Eryn Weems, Travis Wellems, Jenny Welsh, Jessica Welsh, Ken Wideman, Nick Williams, Kristin Wozniak, Maria Zanoni and Joe Zuver.
On request of President Hunt, the privilege of the floor of the Senate Chamber for this day was extended to Charles “Blackie” Hunt and Kevin Hunt.
Senator Raggio moved that the Senate adjourn until Thursday, April 15, 1999 at 11 a.m.
Motion carried.
Senate adjourned at 5:21 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas
Secretary of the Senate