THE SEVENTY-EIGHTH DAY
Carson City(Monday), April 19, 1999
Senate called to order at 10:47 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, the Reverend Tom Rahme.
As we return to begin a new week, we pray Lord, that You will renew our dedication and commitment to the tasks at hand. Lord be with us now and remind us of the Apostle Paul’s words, “Let us run with perseverance the race marked out for us. I pray this in Your Son’s 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 Commerce and Labor, to which were referred Senate Bills Nos. 32, 384, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Randolph J. Townsend, Chairman
Madam President:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 391, 419, 544, 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
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, April 16, 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. 60, 194, 204, 258, 334, 376, 434, 451, 517, 527, 535, 536, 552, 555, 567, 576, 603, 610, 615, 621, 636, 669, 677.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
Assembly Chamber, Carson City, April 17, 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. 14, 15, 37, 43, 47, 62, 142, 193, 214, 236, 249, 259, 272, 280, 298, 304, 306, 313, 326, 424, 465, 471, 484, 490, 493, 506, 509, 533, 563, 566, 569, 573, 590, 604, 616, 627, 632, 635, 651, 667; Assembly Joint Resolution No. 7.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that both Second Reading Files on the First and Second Agendas be considered before General File.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that Senate Bills Nos. 32, 384, 391, 419, 544 be placed on the Second Reading File on the Second Agenda.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that the Secretary of the Senate dispense with reading of Assembly and Senate Bill and Resolution histories for this legislative day.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that Senate Bills Nos. 12, 178, 342, 356, 394, 438, 440, 451 be taken from their positions on the General File and placed on the bottom of the General File.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that all Assembly Bill introductions will be read by the Secretary of the Senate consecutively and referred to their designated committees in one motion by Senator Rawson.
Motion carried.
Assembly Joint Resolution No. 7.
Senator Rawson moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
Notice of Exemption
April 17, 1999
The Fiscal Analysis Division, pursuant to Joint Rule No. 14.6 has determined the exemption of: Senate Bills Nos. 167, 174, 196, 363, 432, for they:
(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 each 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
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 14.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 15.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 37.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 43.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 47.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 60.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 62.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 142.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 193.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 194.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 204.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 214.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 236.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 249.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 258.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 259.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 272.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 280.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 298.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 304.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 306.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 313.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 326.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 334.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 376.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 424.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 434.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 451.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 465.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 471.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 484.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 490.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 493.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 506.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 509.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 517.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 527.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 533.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 535.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 536.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 552.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 555.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 563.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 566.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 567.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 569.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 573.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 576.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 590.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 603.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 604.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 610.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 615.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 616.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 621.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 627.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 632.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 635.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 636.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 651.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 667.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 669.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 677.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
CONSENT CALENDAR
Assembly Bills Nos. 167, 250, 340, 649.
Bills read by number.
Roll call on Assembly Bills Nos. 167, 250, 340, 649:
Yeas—21.
Nays—None.
Assembly Bills Nos. 167, 250, 340, 649 having received a constitutional majority, Madam President declared them passed.
Bills ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator McGinness moved that Senate Bill No. 477 be taken from its position on the Second Reading File and placed on the top of the Second Reading File on the Second Agenda.
Remarks by Senator McGinness.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 485.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 687.
Amend the bill as a whole by deleting sections 1 through 75 and the text of the repealed section and adding new sections designated sections 1 through 54 and the text of the repealed sections, following the enacting clause, to read as follows:
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. “Board” means the advisory board for the Nevada task force for technological crime created pursuant to section 5 of this act.
Sec. 4. “Technological crime” means any crime that involves, directly or indirectly, any component, device, equipment, system or network that, alone or in conjunction with any other component, device, equipment, system or network, is designed or has the capability to:
1. Be programmed; or
2. Generate, process, store, retrieve, convey, emit, transmit, receive, relay, record or reproduce any data, information, image, program, signal or sound in a technological format, including, without limitation, a format that involves analog, digital, electronic, electromagnetic, magnetic or optical technology.
Sec. 5. 1. The advisory board for the Nevada task force for technological crime is hereby created.
2. The board consists of nine members as follows:
(a) The attorney general.
(b) The director of the department of information technology.
(c) One member of the senate appointed by the majority leader of the senate.
(d) One member of the assembly appointed by the speaker of the assembly.
(e) Five other persons appointed by the governor as follows:
(1) Two persons who represent major sectors of the economy of this state that are impacted significantly by technological crimes.
(2) One person who is an employee of a law enforcement agency of this state.
(3) One person who is an employee of a public educational institution within this state.
(4) One person who is a resident of this state and who is employed by the Federal Government.
3. Each member of the board who is appointed to the board serves for a term of 4 years. A vacancy on the board in an appointed position must be filled in the same manner as the original appointment. A member may be reappointed to the board.
4. The members of the board shall elect a chairman and vice chairman by majority vote. After the initial election, the chairman and vice chairman shall hold office for a term of 1 year beginning on July 1 of each year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the board shall elect a chairman or vice chairman, as appropriate, from among its members for the remainder of the unexpired term.
5. The members of the board:
(a) Serve without compensation; and
(b) May, upon written request, receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the board.
6. A member of the board who is an officer or employee of this state or a political subdivision of this state must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the board and perform any work necessary to carry out the duties of the board in the most timely manner practicable. A state agency or political subdivision of this state shall not require an officer or employee who is a member of the board to make up the time he is absent from work to carry out his duties as a member of the board or use annual vacation or compensatory time for the absence.
Sec. 6. 1. The board shall meet at least once every quarter and at the times and places specified by a call of the chairman or a majority of the members of the board.
2. Except as otherwise provided in subsection 3, a member of the board may designate in writing a person to represent him at a meeting of the board. A representative who has been so designated:
(a) Shall be deemed to be a member of the board for the purpose of determining a quorum at the meeting; and
(b) May vote on any matter that is voted on by the regular members of the board at the meeting.
3. The attorney general may designate a representative to serve in his place on the board or attend a meeting of the board in his place. The director of the department of information technology may designate a representative to serve in his place on the board or attend a meeting of the board in his place.
4. Five members of the board constitute a quorum. A quorum may exercise all the power and authority conferred on the board.
5. Notwithstanding any other provision of law, a member of the board:
(a) Is not disqualified from public employment or holding a public office because of his membership on the board; and
(b) Does not forfeit his public office or public employment because of his membership on the board.
Sec. 7. The board shall:
1. Facilitate cooperation between state, local and federal officers in detecting, investigating and prosecuting technological crimes.
2. Establish two multi-agency task forces on technological crime, one based in Reno for northern Nevada and one based in Las Vegas for southern Nevada, consisting of:
(a) Investigators and prosecutors who are specifically trained to investigate and prosecute technological crimes; and
(b) Persons from the private sector who are knowledgeable in the area of information technology or the prevention or detection of technological crimes.
3. Coordinate and provide training and education for members of the general public, private industry and governmental agencies, including, without limitation, law enforcement agencies, concerning the statistics and methods of technological crimes and how to prevent and detect technological crimes.
4. Administer, with the assistance of members of private industry, a program to secure governmental information systems against illegal intrusions and other criminal activities.
5. Evaluate and recommend changes to the existing civil and criminal laws relating to technological crimes in response to current and projected changes in technology and law enforcement techniques.
6. Authorize the payment of expenses incurred by the board in carrying out its duties pursuant to this chapter.
Sec. 8. 1. Upon unanimous approval of the members of the board, the board shall appoint an executive director of technological crime within the office of the attorney general.
2. The executive director is in the unclassified service of the state and serves at the pleasure of the board.
3. The board shall establish the qualifications, powers and duties of the executive director.
Sec. 9. Upon unanimous approval of the members of the board, the board shall appoint a full-time secretary who is in the unclassified service of the state and serves at the pleasure of the board.
Sec. 10. 1. The board may apply for any available grants and accept gifts, grants, appropriations or donations to assist the board in carrying out its duties pursuant to the provisions of this chapter.
2. Any money received by the board must be deposited in the account for the advisory board for the Nevada task force for technological crime created pursuant to section 11 of this act.
Sec. 11. 1. The account for the advisory board for the Nevada task force for technological crime is hereby created in the state general fund. The board shall administer the account.
2. The money in the account must only be used to carry out the provisions of this chapter and pay the expenses incurred by the board in the discharge of its duties, including, without limitation, the payment of any expenses related to the creation and subsequent activities of the task forces on technological crime.
3. Claims against the account must be paid as other claims against the state are paid.
4. The money in the account must remain in the account and must not revert to the state general fund at the end of any fiscal year.
Sec. 12. Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 to 22, inclusive, of this act.
Sec. 13. “Intangible property” means property that lacks a physical existence yet possesses value, including, without limitation, customer lists, trade secrets, copyrighted material or other confidential information.
Sec. 14. 1. “Computer contaminant” means any data, information, image, program, signal or sound that is designed or has the capability to:
(a) Contaminate, corrupt, consume, damage, destroy, disrupt, modify, record or transmit; or
(b) Cause to be contaminated, corrupted, consumed, damaged, destroyed, disrupted, modified, recorded or transmitted,
any other data, information, image, program, signal or sound contained in a computer, system or network without the knowledge or consent of the person who owns the other data, information, image, program, signal or sound or the computer, system or network.
2. The term includes, without limitation:
(a) A virus, worm or trojan horse; or
(b) Any other similar data, information, image, program, signal or sound that is designed or has the capability to prevent, impede, delay or disrupt the normal operation or use of any component, device, equipment, system or network.
Sec. 15. “Encryption” means the use of any protective or disruptive measure, including, without limitation, cryptography, enciphering, encoding or a computer contaminant, to:
1. Prevent, impede, delay or disrupt access to any data, information, image, program, signal or sound;
2. Cause or make any data, information, image, program, signal or sound unintelligible or unusable; or
3. Prevent, impede, delay or disrupt the normal operation or use of any component, device, equipment, system or network.
Sec. 16. 1. “Information service” means a service that is designed or has the capability to generate, process, store, retrieve, convey, emit, transmit, receive, relay, record or reproduce any data, information, image, program, signal or sound by means of any component, device, equipment, system or network, including, without limitation, by means of:
(a) A computer, computer system, computer network, modem or scanner.
(b) A telephone, cellular phone, satellite phone, pager, personal communications device or facsimile machine.
(c) Any type of transmitter or receiver.
(d) Any other component, device, equipment, system or network that uses analog, digital, electronic, electromagnetic, magnetic or optical technology.
2. The term does not include a community antenna television company, as defined in NRS 711.030.
Sec. 17. “Provider” means any person who provides an information service.
Sec. 18. “Provider of Internet service” means any provider who provides subscribers with access to the Internet or an electronic mail address, or both.
Sec. 19. 1. A person shall not willfully use or attempt to use encryption, directly or indirectly, to:
(a) Commit, facilitate, further or promote any criminal offense;
(b) Aid, assist or encourage another person to commit any criminal offense;
(c) Conceal the commission of any criminal offense;
(d) Conceal or protect the identity of a person who has committed any criminal offense; or
(e) Delay, hinder or obstruct the administration of the law.
2. A person who violates any provision of this section:
(a) Is guilty of a gross misdemeanor; and
(b) Commits a criminal offense that is separate and distinct from any other criminal offense and may be prosecuted and convicted pursuant to this section whether or not the person or any other person is or has been prosecuted or convicted for any other criminal offense arising out of the same facts as the violation of this section.
Sec. 20. 1. A person shall not willfully falsify or forge any data, information, image, program, signal or sound that:
(a) Is contained in the header, subject line or routing instructions of an item of electronic mail; or
(b) Describes or identifies the sender, source, point of origin or path of transmission of an item of electronic mail,
with the intent to transmit or cause to be transmitted the item of electronic mail to the electronic mail address of one or more recipients without their knowledge of or consent to the transmission.
2. Except as otherwise provided in subsection 5, a person shall not willfully transmit or cause to be transmitted an item of electronic mail to the electronic mail address of one or more recipients without their knowledge of or consent to the transmission if person knows or has reason to know that the item of electronic mail contains or has been generated or formatted with:
(a) An Internet domain name that is being used without the consent of the person who holds the Internet domain name; or
(b) Any data, information, image, program, signal or sound that has been used intentionally in the header, subject line or routing instructions of the item of electronic mail to falsify or misrepresent:
(1) The identity of the sender; or
(2) The source, point of origin or path of transmission of the item of electronic mail.
3. A person shall not knowingly sell, give or otherwise distribute or possess with the intent to sell, give or otherwise distribute any data, information, image, program, signal or sound which is designed or intended to be used to falsify or forge any data, information, image, program, signal or sound that:
(a) Is contained in the header, subject line or routing instructions of an item of electronic mail; or
(b) Describes or identifies the sender, source, point of origin or path of transmission of an item of electronic mail.
4. A person who violates any provision of this section is guilty of a misdemeanor.
5. The provisions of subsection 2 do not apply to a provider of Internet service who, in the course of providing service, transmits or causes to be transmitted an item of electronic mail on behalf of another person, unless the provider of Internet service is the person who first generates the item of electronic mail.
Sec. 21. 1. A provider of Internet service shall keep confidential:
(a) All information concerning a subscriber, other than the electronic mail address of the subscriber, unless the subscriber gives permission, in writing or by electronic mail, to the provider of Internet service to disclose the information.
(b) The electronic mail address of a subscriber, if the subscriber requests, in writing or by electronic mail, to have the electronic mail address of the subscriber kept confidential. Upon receiving such a request from a subscriber, a provider of Internet service shall keep confidential the electronic mail address of the subscriber, unless the subscriber gives permission, in writing or by electronic mail, to the provider of Internet service to disclose the electronic mail address of the subscriber.
2. A provider of Internet service shall provide notice of the requirements of subsection 1 to each of its subscribers. The notice must include, without limitation, a conspicuous statement that a subscriber may request, in writing or by electronic mail, to have the electronic mail address of the subscriber kept confidential.
3. A provider of Internet service who violates any provision of this section is guilty of a misdemeanor and shall be punished by a fine of not less than $50 or more than $500 for each violation.
4. As used in this section, “provider of Internet service” means a provider of Internet service who charges a subscriber for access to the Internet or the electronic mail address of the subscriber.
Sec. 22. 1. Except as otherwise provided in subsection 2, any victim of a crime described in NRS 205.473 to 205.506, inclusive, and sections 14 to 22, inclusive, of this act, may bring a civil action to recover:
(a) Damages for any loss or injury suffered as a result of the crime;
(b) Punitive damages; and
(c) Costs and reasonable attorney’s fees incurred in bringing the civil action.
2. A victim of a crime described in section 21 of this act may not bring a civil action pursuant to this section.
3. The provisions of this section do not abrogate or limit the right of a victim of a crime described in NRS 205.473 to 205.506, inclusive, and sections 14 to 22, inclusive, of this act, to bring a civil action pursuant to any other statute or the common law.
Sec. 23. NRS 205.0821 is hereby amended to read as follows:
Sec. 24. NRS 205.0828 is hereby amended to read as follows:
Sec. 25. NRS 205.0832 is hereby amended to read as follows:
205.0832 A person commits theft if, without lawful authority, he knowingly:
1. Controls any property of another person with the intent to deprive that person of the property.
2. Converts, makes an unauthorized transfer of an interest in, or without authorization controls any property of another person, or uses the services or property of another person entrusted to him or placed in his possession for a limited, authorized period of determined or prescribed duration or for a limited use.
3. Obtains real, [or] personal or intangible property or the services of another person by a material misrepresentation with intent to deprive that person of the property or services. As used in this subsection, “material misrepresentation” means the use of any pretense, or the making of any promise, representation or statement of present, past or future fact which is fraudulent and which, when used or made, is instrumental in causing the wrongful control or transfer of property or services. The pretense may be verbal or it may be a physical act.
4. Comes into control of lost, mislaid or misdelivered property of another person under circumstances providing means of inquiry as to the true owner and appropriates that property to his own use or that of another person without reasonable efforts to notify the true owner.
5. Controls property of another person knowing or having reason to know that the property was stolen. [;]
6. Obtains services which he knows are available only for compensation without paying or agreeing to pay compensation or diverts the services of another person to his own benefit or that of another person without lawful authority to do so.
7. Takes, destroys, conceals or disposes of property in which another person has a security interest, with intent to defraud that person.
8. Commits any act that is declared to be theft by a specific statute.
9. Draws or passes a check, and in exchange obtains property or services, if he knows that the check will not be paid when presented.
Sec. 26. NRS 205.473 is hereby amended to read as follows:
Sec. 27. NRS 205.4745 is hereby amended to read as follows:
205.4745 “Network” means a set of related, remotely connected devices and facilities, including more than one system, with the capability to transmit data among [them.] any of the devices and facilities. The term includes, without limitation, a local, regional or global computer network.
Sec. 28. NRS 205.4765 is hereby amended to read as follows:
(a) Modifies;
(b) Damages;
(c) Destroys;
(d) Discloses;
(e) Uses;
(f) Transfers;
(g) Conceals;
(h) Takes;
(i) Retains possession of;
(j) Copies;
(k) Obtains or attempts to obtain access to, permits access to or causes to be accessed; or
(l) Enters,
data, a program or any supporting documents which exist inside or outside a computer, system or network is guilty of a misdemeanor.
2. Except as otherwise provided in subsection [5,] 6, a person who knowingly, [willingly] willfully and without authorization:
(a) Modifies;
(b) Destroys;
(c) Uses;
(d) Takes;
(e) Damages;
(f) Transfers;
(g) Conceals;
(h) Copies;
(i) Retains possession of; or
(j) Obtains or attempts to obtain access to, permits access to or causes to be accessed,
equipment or supplies that are used or intended to be used in a computer, system or network is guilty of a misdemeanor.
3. Except as otherwise provided in subsection [5,] 6, a person who knowingly, [willingly] willfully and without authorization:
(a) Destroys;
(b) Damages;
(c) Takes;
(d) Alters;
(e) Transfers;
(f) Discloses;
(g) Conceals;
(h) Copies;
(i) Uses;
(j) Retains possession of; or
(k) Obtains or attempts to obtain access to, permits access to or causes to be accessed,
a computer, system or network is guilty of a misdemeanor.
4. Except as otherwise provided in subsection [5,] 6, a person who knowingly, [willingly] willfully and without authorization:
(a) Obtains and discloses;
(b) Publishes;
(c) Transfers; or
(d) Uses,
a device used to access a computer, network or data is guilty of a misdemeanor.
5. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization introduces, causes to be introduced or attempts to introduce a computer contaminant into a computer, system or network is guilty of a misdemeanor.
6. If the violation of any provision of this section:
(a) Was committed to devise or execute a scheme to defraud or illegally obtain property;
(b) Caused damage in excess of $500; or
(c) Caused an interruption or impairment of a public service, [such as] including, without limitation, a governmental operation, a system of public communication or transportation or a supply of water, gas or electricity,
the person is guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $100,000. In addition to any other penalty, the court shall order the person to pay restitution.
Sec. 29. NRS 205.477 is hereby amended to read as follows:
2. Except as otherwise provided in [subsection 3,] subsections 3 and 4, a person who knowingly, [willingly] willfully and without authorization uses , [or] causes the use of , accesses, attempts to gain access to or causes access to be gained to a computer, system [or network to:
(a) Obtain personal information about another person; or
(b) Enter false information about another person to wrongfully damage or enhance that person’s credit rating, is] , network, telecommunications device, telecommunications service or information service is guilty of a misdemeanor.
3. If the violation of subsection 1 or 2 was committed to devise or execute a scheme to defraud or illegally obtain property, the person is guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $100,000. In addition to any other penalty, the court shall order the person to pay restitution.
4. It is an affirmative defense to a charge made pursuant to this section that at the time of the alleged offense the defendant reasonably believed that:
(a) He was authorized to use or access the computer, system, network, telecommunications device, telecommunications service or information service and such use or access by the defendant was within the scope of that authorization; or
(b) The owner or other person authorized to give consent would authorize the defendant to use or access the computer, system, network, telecommunications device, telecommunications service or information service.
5. A defendant who intends to offer an affirmative defense described in subsection 4 at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
Sec. 30. NRS 205.481 is hereby amended to read as follows:
Sec. 31. NRS 205.485 is hereby amended to read as follows:
205.485 An employee is presumed to have the authority to access and use [any] :
1. A computer, system or network[, supporting documents, program or data] owned or operated by his employer; and
2. Any supporting document to and any data, information, image, program, signal or sound contained in such a computer, system or network,
unless the presumption is overcome by clear and convincing evidence to the contrary.
Sec. 32. NRS 205.491 is hereby amended to read as follows:
2. An injunction:
(a) May be issued without proof of actual damage sustained by any person.
(b) Does not preclude the criminal prosecution and punishment of a violator.
Sec. 33. NRS 205.506 is hereby amended to read as follows:
[1.] (a) Obtain or attempt to obtain [mobile telephone] an information service from a [supplier] provider by deception, use of an illegal device[,] or other fraudulent means. The requisite intent may be inferred from the presence on the property or in the possession of the [accused] person of a device, not authorized by the [supplier,] provider, the major purpose of which is to permit or facilitate use of [mobile telephone] an information servicewithout payment. The inference is rebutted if the [accused] person shows that he purchased the device for a legitimate purpose.
[2.] (b) Give to another person technical assistance or instruction [to another] in obtaining [mobile telephone] an information service without full payment to a [supplier.
3.] provider.
(c) Maintain an ability to connect, by physical, electronic or other means, with facilities, components or devices used in [mobile telephone] an information service for the purpose of obtaining [mobile telephone] the information service without payment of all lawful compensation to the [supplier.
4.] provider.
(d) Make or maintain a modification of a device installed with the authorization of a [supplier] provider to obtain any service that the [accused] person is not authorized by the [supplier] provider to obtain. The requisite intent may be inferred from proof that the [supplier’s] standard procedure of the provider is to place labels on its devices warning that modifying the device is a violation of law and that the device has been modified without the [supplier’s permission.
5.] permission of the provider.
(e) Possess, manufacture, deliver, offer to deliver or advertise, without [a supplier’s] permission from the provider, a device or a kit for a device designed to [receive] :
(1) Receive from the [supplier] provider a service offered for sale by the [supplier,] provider, whether or not the service is encoded or otherwise made unintelligible[, or designed to perform] ; or
(2) Perform or facilitate an act prohibited by [subsections 1 to 4,] paragraphs (a) to (d), inclusive.
Intent to violate this [subsection] paragraph for commercial advantage or financial gain may be inferred if the circumstances, including, without limitation, quantity or volume, indicate possession for resale.
[6.] (f) Manufacture, import, distribute, advertise, sell, lease, or offer to sell or lease a device or a plan or kit for a device designed to receive [mobile telephone] an information service offered for sale by a [supplier,] provider, whether or not the service is encoded or otherwise made unintelligible, without full payment. The requisite intent may be inferred from proof that the [accused] person has sold, leased or offered to sell or lease any such device, plan or kit and stated or implied to the buyer or lessee that it will enable him to obtain [mobile telephone] an information service without charge.
[7.] (g) Possess any other materials for the purpose of creating a device or a kit for a device designed to obtain [mobile telephone] an information service in any manner prohibited pursuant to this section.
2. This section does not prohibit or restrict a holder of an amateur service license issued by the Federal Communications Commission from possessing or using a radio receiver or transceiver that is intended primarily for use in the amateur radio service and is used for lawful purposes.
3. A person who violates any provision of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 34. NRS 179.121 is hereby amended to read as follows:
(a) The commission of or attempted commission of the crime of murder, robbery, kidnaping, burglary, invasion of the home, grand larceny, theft if it is punishable as a felony, or pandering;
(b) The commission of any crime by a criminal gang, as defined in NRS 213.1263; or
(c) A violation of NRS 200.465, 202.265, 202.287, 205.473 to 205.506, inclusive, and sections 14 to 22, inclusive, of this act, NRS 205.610 to 205.810, inclusive, or 465.070 to 465.085, inclusive. [,
is subject to forfeiture.]
2. Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:
(a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or violation;
(b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge, consent or willful blindness;
(c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not loaded at the time of the violation; and
(d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.
3. For the purposes of this section, a firearm is loaded if:
(a) There is a cartridge in the chamber of the firearm;
(b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or
(c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.
Sec. 35. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, the warden or manager of an institution or facility shall ensure that no offender in the institution or facility has access to a telecommunications device.
2. An offender may use a telephone subject to the limitations set forth in NRS 209.419.
3. As used in this section, “telecommunications device” means a device that can be used by an offender to communicate with a person outside of the institution or facility at which the offender is incarcerated. The term includes, without limitation, a telephone, a cellular telephone or a computer that is connected to a computer network or is otherwise capable of communicating with a person or device outside of the facility.
Sec. 36. NRS 209.461 is hereby amended to read as follows:
209.461 1. The director shall:
(a) To the greatest extent possible, approximate the normal conditions of training and employment in the community.
(b) Except as otherwise provided in this [paragraph,] section, to the extent practicable, require each offender, except those whose behavior is found by the director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason or to attend educational classes in accordance with NRS 209.396. The director shall require as a condition of employment that an offender sign an authorization for the deductions from his wages made pursuant to NRS 209.463. Authorization to make the deductions pursuant to NRS 209.463 is implied from the employment of an offender and a signed authorization from the offender is not required for the director to make the deductions pursuant to NRS 209.463.
(c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed.
(d) Provide equipment, space and management for services and manufacturing by offenders.
(e) Employ craftsmen and other personnel to supervise and instruct offenders.
(f) Except as otherwise provided in NRS 209.383, contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the state and with local governments.
(g) Contract for the use of offenders’ services and for the sale of goods manufactured by offenders.
2. Every program for the employment of offenders established by the director must:
(a) Employ the maximum number of offenders possible;
(b) Except as otherwise provided in NRS 209.192, provide for the use of money produced by the program to reduce the cost of maintaining the offenders in the institutions;
(c) Have an insignificant effect on the number of jobs available to the residents of this state; and
(d) Provide occupational training for offenders.
3. An offender may not engage in vocational training, employment or a business that requires or permits the offender to:
(a) Telemarket or conduct opinion polls by telephone; or
(b) Acquire, review, use or have control over or access to personal information concerning any person who is not incarcerated.
4. Each fiscal year, the cumulative profits and losses, if any, of the programs for the employment of offenders established by the director must result in a profit for the department. The following must not be included in determining whether there is a profit for the department:
(a) Fees credited to the fund for prison industries pursuant to NRS 482.268, any revenue collected by the department for the leasing of space, facilities or equipment within the institutions or facilities of the department and any interest or income earned on the money in the fund for prison industries.
(b) The selling expenses of the central administrative office of the programs for the employment of offenders. As used in this paragraph, “selling expenses” means delivery expenses, salaries of sales personnel and related payroll taxes and costs, the costs of advertising and the costs of display models.
(c) The general and administrative expenses of the central administrative office of the programs for the employment of offenders. As used in this paragraph, “general and administrative expenses” means the salary of the assistant director of industrial programs and the salaries of any other personnel of the central administrative office and related payroll taxes and costs, the costs of telephone usage and the costs of office supplies used and postage used.
[4. The]
5. Except as otherwise provided in subsection 3, the director may, with the approval of the board:
(a) Lease spaces and facilities within any institution of the department to private employers to be used for the vocational training and employment of offenders.
(b) Grant to reliable offenders the privilege of leaving institutions or facilities of the department at certain times for the purpose of vocational training or employment.
[5.] 6. The provisions of this chapter do not create a right on behalf of the offender to employment or to receive the federal or state minimum wage for any employment and do not establish a basis for any cause of action against the state or its officers or employees for employment of an offender or for payment of the federal or state minimum wage to an offender.
Sec. 37. NRS 209.4814 is hereby amended to read as follows:
209.4814 The advisory board shall:
1. Be informed on issues and developments relating to industrial programs for correctional institutions;
2. Submit a semiannual report to the interim finance committee before July 1 and December 1 of each year on the status of current and proposed industrial programs for correctional institutions;
3. Report to the legislature on any other matter relating to industrial programs for correctional institutions which it deems appropriate;
4. Meet at least quarterly and at the call of the chairman to review the operation of current and proposed industrial programs;
5. Recommend three persons to the director for appointment as the assistant director for industrial programs whenever a vacancy exists; and
6. Before any new industrial program is established by the director in an institution of the department, review the proposed program for compliance with the requirements of subsections 2, [and] 3 and 4 of NRS 209.461 and submit to the director its recommendations concerning the proposed program.
7. Review each industry program established pursuant to subsection 2 of NRS 209.461 to determine whether the program is operating profitably within 3 years after its establishment. If the advisory board determines that a program is not operating profitably within 3 years after its establishment, the advisory board shall report its finding to the director with recommendation regarding whether the program should be continued or terminated.
Sec. 38. Chapter 242 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A state agency that uses at least one computer in the course of its work shall:
(a) Create a written policy setting forth the appropriate uses of the computers of the state agency; and
(b) Provide all employees of the state agency with a copy of the written policy.
2. As used in this section, “state agency” means an agency, bureau, board, commission, department, division or any other unit of the executive department of the government of this state.
Sec. 39. NRS 244A.7641 is hereby amended to read as follows:
1. “Mobile telephone service” [and “supplier” have the meanings ascribed to them in NRS 205.505.] means cellular or other service to a telephone installed in a vehicle or otherwise portable.
2. “Supplier” means a person authorized by the Federal Communications Commission to provide mobile telephone service.
Sec. 40. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 41 to 46, inclusive, of this act.
Sec. 41. As used in sections 41 to 46, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 42 and 43 of this act have the meanings ascribed to them in those sections.
Sec. 42. “Provider” means:
1. A person who is in the business of providing a telecommunications service;
2. An agent, employee, independent contractor or representative of a person who is in the business of providing a telecommunications service; or
3. A person who originates a charge for a telecommunications service and directly or indirectly bills a customer for the charge.
Sec. 43. “Telecommunications service” means a service that is designed or has the capability to generate, process, store, retrieve, convey, emit, transmit, receive, relay, record or reproduce any data, information, image, program, signal or sound over a communications system or network, including, without limitation, a communications system or network that uses analog, digital, electronic, electromagnetic, magnetic or optical technology.
Sec. 44. A provider shall not:
1. Make a statement or representation regarding the provision of a telecommunications service, including, without limitation, a statement regarding the rates, terms or conditions of a telecommunications service, that:
(a) Is false, misleading or deceptive; or
(b) Fails to include material information which makes the statement or representation false, misleading or deceptive.
2. Misrepresent his identity.
3. Falsely state to a person that the person has subscribed or authorized a subscription to or has received a telecommunications service.
4. Omit, when explaining the terms and conditions of a subscription to a telecommunications service, a material fact concerning the subscription.
5. Fail to provide a customer with timely written notice containing:
(a) A clear and detailed description relating directly to the services for which the customer is being billed and the amount the customer is being charged for each service;
(b) All terms and conditions relating directly to the services provided; and
(c) The name, address and telephone number of the provider.
6. Fail to honor, within a reasonable period, a request of a customer to cancel a telecommunications service pursuant to the terms and conditions for the service.
7. Bill a customer for a telecommunications service after the customer has canceled the telecommunications service pursuant to the terms and conditions of the service.
8. Bill a customer for services that the provider knows the customer has not authorized, unless the service is required to be provided by law. The failure of a customer to refuse a proposal from a provider does not constitute specific authorization.
9. Change a customer’s subscription to a local exchange carrier or an interexchange carrier unless:
(a) The customer has authorized the change within the 30 days immediately preceding the date of the change; and
(b) The provider complies with the provisions of 47 U.S.C. § 258, as amended, and the verification procedures set forth in 47 C.F.R. part 64, subpart K, as amended.
10. Fail to provide to a customer who has authorized the provider to change his subscription to a local exchange carrier or an interexchange carrier a written confirmation of the change within 30 days after the date of the change.
11. Propose or enter into a contract with a person that purports to:
(a) Waive the protection afforded to the person by any provision of this section; or
(b) Authorize the provider or an agent, employee, independent contractor or representative of the provider to violate any provision of this section.
Sec. 45. A provider who is a local exchange carrier shall, in a competitively neutral manner, offer to each customer the opportunity to freeze the interexchange carrier selected by the customer.
Sec. 46. 1. The remedies, duties and prohibitions of sections 41 to 46, inclusive, are not exclusive and are in addition to any other remedies provided by law.
2. A violation of any provision of sections 41 to 46, inclusive, of this act constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
Sec. 47. NRS 711.040 is hereby amended to read as follows:
(a) Receiving and amplifying the signals broadcast by one or more television stations or provided for public, educational or governmental purposes and redistributing those signals by wire, cable or other means of closed transmission [to members of the public who subscribe to the service.] ; or
(b) Providing two-way interactive services by wire, cable or other means of closed transmission, including, without limitation, Internet services, intranet services and electronic mail,
to members of the public who subscribe to the service.
2. Such a system does not include any system which serves:
(a) Fewer than 50 subscribers; or
(b) Only the residents of one or more apartment dwellings under common ownership, control or management, and commercial establishments located on the premises of those dwellings if the buildings are separated by not more than one public street or right of way.
3. As used in this section, “apartment dwelling” does not include a hotel, motel, condominium, town house or other similar dwelling.
Sec. 48. NRS 711.270 is hereby amended to read as follows:
711.270 1. [Any person who knowingly:
(a) Makes or maintains] It is unlawful for a person knowingly and with the intent to intercept or receive a program or other service provided by a community antenna television company without the authorization of the company to:
(a) Make a connection or [attaches any] attach a device to [any] a line or other component of a community antenna television company;
(b) [Purchases or possesses any device; or
(c) Makes or maintains any] Purchase or possess a device or kit designed to intercept or receive a program or other service provided by the community antenna television company;
(c) Make or maintain a modification to [any] a device installed [for] by or with the authorization of a community antenna television company[, to intercept or receive any program or other service provided by a community antenna television company without the authorization of the company is guilty of a misdemeanor.
2. Any person who knowingly and without the authorization of a community antenna television company:
(a) Imports into this state;
(b) Distributes; or
(c) Sells, offers or advertises to sell, or possesses with the intent to sell, any] to intercept or receive a program or other service provided by the community antenna television company; or
(d) Manufacture, import, distribute, advertise, sell, lease, offer to sell or lease, or possess with the intent to sell or lease a device designed to decode , descramble, intercept or otherwise make intelligible a signal encoded by [the] a community antenna television company .
2. Except as otherwise provided in subsection 3, a person who violates paragraph (a), (b) or (c) of subsection 1 is guilty of a misdemeanor.
3. [Any] A person who [willfully violates subsection 1 or 2] violates paragraph (a), (b) or (c) of subsection 1 for commercial advantage, whether direct or indirect, is guilty of a gross misdemeanor.
4. A person who violates paragraph (d) of subsection 1:
(a) If the violation involves nine or fewer devices, is guilty of a gross misdemeanor.
(b) If the violation involves 10 or more devices, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 49. NRS 711.280 is hereby amended to read as follows:
2. A person who violates paragraph (d) of subsection 1 of NRS 711.270 is, in addition to being criminally liable pursuant to NRS 711.270, civilly liable to the community antenna television company injured by the conduct for $5,000 or three times any actual damages incurred by the company, whichever is greater, and reasonable attorney’s fees.
3. In any action brought [under] pursuant to this section, proof that any of the acts prohibited in subsection 1 were committed on or about the premises occupied by the defendant is prima facie evidence that such acts were committed by the defendant.
[2.] 4. An owner or operator of a community antenna television company may bring an action to enjoin any violation of NRS 711.270.
Sec. 50. NRS 711.285 is hereby amended to read as follows:
Sec. 51. NRS 205.505, 205.507 and 205.508 are hereby repealed.
Sec. 52. 1. There is hereby appropriated from the state general fund to the attorney general, for the office of the executive director created pursuant to section 8 of this act:
For the fiscal year 1999-2000.................................................................. $81,429
For the fiscal year 2000-2001.................................................................. $78,572
2. Any remaining balance of the appropriation made by subsection 1 for:
(a) The fiscal year 1999-2000 must be transferred and added to the money appropriated for the fiscal year 2000-2001.
(b) The fiscal year 2000-2001, including any money added thereto pursuant to paragraph (a), must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 53. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.
Sec. 54. This act becomes effective upon passage and approval.
TEXT OF REPEALED SECTIONS
205.505 Definitions. As used in NRS 205.505 to 205.508, inclusive:
1. “Mobile telephone service” means cellular or other service to a telephone installed in a vehicle or otherwise portable.
2. “Supplier” means a person authorized by the Federal Communications Commission to provide mobile telephone service.
205.508 Criminal penalty. A person who violates the provisions of NRS 205.506 is guilty of a category D felony and shall be punished as provided in NRS 193.130.”.
Amend the title of the bill to read as follows:
Senator Care moved the adoption of the amendment.
Remarks by Senators Care and Coffin.
Amendment adopted.
Senator Raggio moved that upon return from reprint Senate Bill No. 485 be re-referred to the Committee on Finance.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.
Senate Bill No. 537.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 688.
Amend section 1, page 2, by deleting line 3 and inserting: “must be at least 5 years, and will continue to”.
Amend section 1, page 2, line 11, after “county” by inserting “or city”.
Amend section 1, page 2, line 19, by deleting “industrial”.
Amend section 1, page 2, line 22 by deleting: “and pay for”.
Amend section 1, page 2, line 30, after “county” by inserting “or city”.
Amend section 1, page 2, line 38, by deleting “industrial”.
Amend section 1, page 2, line 41, by deleting: “and pay for”.
Amend section 1, page 3, line 21, by deleting “industrial”.
Amend section 1, page 3 line 24, by deleting: “and pay for”.
Amend section 1, pages 3 and 4, by deleting lines 41 through 43 on page 3 and lines 1 through 5 on page 4, and inserting:
“4. If a person submits an application to the commission on economic development pursuant to subsection 1, the commission shall provide notice to the governing body of the county and the city or town, if any, in which the person intends to locate or expand a business. The notice required pursuant to this subsection must set forth the date, time and location of the hearing at which the commission will consider the application.
Amend sec. 2, page 8, line 30, after “county” by inserting “or city”.
Amend sec. 2, page 8, line 38, by deleting “industrial”.
Amend sec. 2, page 8, line 41, after “county” by inserting “or city”.
Amend sec. 2, page 9, line 7, by deleting “industrial”.
Amend the bill as a whole by renumbering sec. 3 as sec. 8 and adding new sections designated sections 3 through 7, following sec. 2, to read as follows:
“Sec. 3. NRS 364A.170 is hereby amended to read as follows:
(a) Eighty percent of the amount of tax otherwise due pursuant to NRS 364A.140 during the first 4 quarters of its operation;
(b) Sixty percent of the amount of tax otherwise due pursuant to NRS 364A.140 during the second 4 quarters of its operation;
(c) Forty percent of the amount of tax otherwise due pursuant to NRS 364A.140 during the third 4 quarters of its operation; and
(d) Twenty percent of the amount of tax otherwise due pursuant to NRS 364A.140 during the fourth 4 quarters of its operation.
2. [A proposed business is entitled to the exemption pursuant to subsection 1 if:
(a) In a county whose population is 35,000 or more:
(1) The business will have 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation;
(2) Establishing the business will require the business to make a capital investment of $1,000,000 in Nevada; and
(3) The exemption is approved by the commission on economic development pursuant to subsection 3.
(b) In a county whose population is less than 35,000:
(1) The business will have 25 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation;
(2) Establishing the business will require the business to make a capital investment of $250,000 in Nevada; and
(3) The exemption is approved by the commission on economic development pursuant to subsection 3.
3. A proposed business must apply to the commission on economic development to obtain the exemption authorized pursuant to this section. The commission shall certify a business’s eligibility for the exemption pursuant to this section if:
(a) The proposed business commits to the requirements of subparagraphs (1) and (2) of paragraph (a) or (b) of subsection 2, whichever is applicable; and
(b) The proposed business is consistent with the commission’s plan for economic diversification and development.
Upon certification, the commission shall immediately forward the certificate of eligibility for the exemption to the Nevada tax commission.
4. Upon receipt of such a certificate, the Nevada tax commission shall include the exemption in the calculation of the tax paid by the business. A business for which an exemption is approved that does not:
(a) Have the required number of full-time employees on the payroll of the business by the fourth quarter that it is in operation; or
(b) Make the required capital investment in Nevada in the course of establishing the business,
is required to repay to the department the amount of the exemption that was allowed pursuant to this section before the business’s failure to comply unless the Nevada tax commission determines that the business has substantially complied with the requirements of this section. The business is also required to pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the exemption not been granted until the date of payment of the tax.
5. The commission on economic development shall adopt regulations governing the determination made pursuant to subsection 3 of a proposed business’s eligibility for the exemption provided in this section.
6. The Nevada tax commission:
(a) Shall adopt regulations governing the investments that qualify for the purposes of the required capital investment pursuant to subparagraph (2) of paragraph (a) or (b) of subsection 2.
(b) May adopt such other regulations as are necessary to carry out the provisions of this section.] If a partial abatement from the taxes otherwise due pursuant to NRS 364A.140 is approved by the commission on economic development pursuant to section 1 of this act, the partial abatement must be administered and carried out in the manner set forth in section 1 of this act.
Sec. 4. NRS 374.357 is hereby amended to read as follows:
2. The commission on economic development may approve an application for an abatement if:
(a) The goals of the business are consistent with the goals of the commission concerning industrial development and diversification;
(b) The commission determines that the abatement is a significant factor in the decision of the applicant to locate or expand a business in this state;
(c) The average hourly wage paid by the business to its employees in this state is at least equal to the average statewide industrial hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year;
(d) The business provides a health insurance plan for its employees that includes an option for health insurance coverage for dependents of employees;
(e) The business is registered pursuant to the laws of this state or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates;
(f) The business will provide at least 10 full-time, permanent jobs in Nevada by the fourth quarter that it is in operation; and
(g) The applicant commits to maintaining his business in this state for at least 5 years.
3. An applicant shall, upon the request of the executive director of the commission on economic development, furnish to the director copies of all records necessary for the director to verify that the applicant meets the requirement of paragraph (c) of subsection 2.
4. The commission on economic development may approve an application for an abatement which does not meet the requirements of subsection 2 if the commission determines that such an approval is warranted.
5.] section 1 of this act.
2. If an application for an abatement is approved[, the] pursuant to section 1 of this act:
(a) The taxpayer is eligible for an abatement from the tax imposed by this chapter for not more than 2 years.
[6. If an application for an abatement is approved, the commission on economic development shall immediately forward a certificate of eligibility for the abatement to the Nevada tax commission.
7. If a business for which an abatement has been approved is not maintained in this state for at least 5 years after the commission on economic development approved the abatement, the person who applied for the abatement shall repay to the department the amount of the abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada tax commission determines that the business has substantially complied with the requirements of this section. The person who applied for the abatement shall pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the abatement not been granted until the date of the actual payment of the tax.
8. The commission on economic development shall adopt regulations which it considers necessary to carry out the provisions of this section.
9.] (b) The abatement must be administered and carried out in the manner set forth in section 1 of this act.
3. As used in this section, unless the context otherwise requires, “eligible machinery or equipment” means machinery or equipment for which a deduction is authorized pursuant to 26 U.S.C. § 179. The term does not include:
(a) Buildings or the structural components of buildings;
(b) Equipment used by a public utility;
(c) Equipment used for medical treatment;
(d) Machinery or equipment used in mining; or
(e) Machinery or equipment used in gaming.
Sec. 5. Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:
The commission on economic development shall, on or before January 15 of each odd-numbered year, prepare and submit to the director of the legislative counsel bureau for transmission to the legislature a report concerning the abatements from taxation that the commission approved pursuant to section 1 of this act. The report must set forth, for each abatement from taxation that the commission approved in the 2-year period immediately preceding the submission of the report:
1. The dollar amount of the abatement;
2. The location of the business for which the abatement was approved;
3. The number of employees that the business for which the abatement was approved employs or will employ;
4. Whether the business for which the abatement was approved is a new business or an existing business; and
5. Any other information that the committee determines to be useful.
Sec. 6. NRS 231.020 is hereby amended to read as follows:
Sec. 7. The amendatory provisions of this act apply only to an abatement from taxation for which a person applies on or after the effective date of this act.”.
Amend the title of the bill, first line, by deleting: “in skeleton form”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 28.
Bill read second time and ordered to third reading.
Assembly Bill No. 345.
Bill read second time and ordered to third reading.
Senate Bill No. 32.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 676.
Amend the bill as a whole by deleting sections 1 through 7 and adding new sections designated sections 1 through 27, following the enacting clause, to read as follows:
Sec. 2. Except as otherwise provided in this section and NRS 40.670:
1. Notwithstanding the provisions of subsection 1 of NRS 40.680, a claimant may commence an action in district court in a complex matter. If the claimant commences an action in district court he shall:
(a) File and serve the summons and complaint as required by law; and
(b) At the same time and in the same manner as the claimant serves the summons and complaint upon the contractor, serve upon the contractor a written notice specifying in reasonable detail the defects or any damages or injuries to each residence that is the subject of the claim. The notice must describe in reasonable detail each defect to the extent known, the specific location of each defect to the extent known, and the nature and extent that is known of the damage or injury resulting from each defect. If an expert opinion has been rendered concerning the existence or extent of the defects, a written copy of the opinion must accompany the notice. An expert opinion that specifies each defect to the extent known, the specific location of each defect to the extent known, and the nature and extent that is known of the damage or injury resulting from each defect, based on a representative sample of the residences involved in the action, satisfies the requirements of this section.
2. The contractor shall file and serve an answer to the complaint as required by law.
3. Not later than 30 days after the date of service of the answer to the complaint, the contractor and claimant shall meet to establish a schedule for:
(a) The exchange of or reasonable access for the other party to all relevant reports, photos, correspondence, plans, specifications, warranties, contracts, subcontracts, work orders for repair, videotapes, technical reports, soil and other engineering reports and other documents or materials relating to the claim that are not privileged;
(b) The inspection of the residence that is the subject of the claim to evaluate the defects set forth in the notice served pursuant to subsection 1; and
(c) The conduct of any tests that are reasonably necessary to determine the nature and cause of a defect or any damage or injury, and the nature and extent of repairs necessary to remedy a defect or any damage or injury. The party conducting the test shall provide reasonable notice of the test to all other parties and conduct the test at a reasonable time.
4. At the meeting held pursuant to subsection 3, the claimant and contractor shall:
(a) Determine a date by which each party must add any additional parties to the complaint or file any third‑party complaint against an additional party who may be responsible for all or a portion of the defects set forth in the notice served pursuant to subsection 1;
(b) Unless the claimant and contractor agree otherwise in writing, select a mediator and proceed with mediation as provided in subsections 2 to 6, inclusive, of NRS 40.680; and
(c) If the claimant and contractor agree, select a special master and jointly petition the court for his appointment pursuant to subsection 7.
5. Each party added to the complaint or against whom a third‑party complaint is filed pursuant to subsection 4 shall file and serve an answer as required by law.
6. If the claimant or contractor adds a party to the complaint or files a third‑party complaint, then not later than 60 days after the date determined pursuant to paragraph (a) of subsection 4, the contractor, claimant and each party added to the complaint or against whom a third‑party complaint is filed shall meet to establish a schedule for the activities set forth in paragraphs (a), (b) and (c) of subsection 3.
7. If a special master has not been appointed, the contractor, claimant or a party added to the complaint or against whom a third‑party complaint is filed may petition the court for the appointment of a special master at any time after the meeting held pursuant to subsection 3. The special master may:
(a) Take any action set forth in subsection 4 of NRS 40.680;
(b) Exercise any power set forth in Rule 53 of the Nevada Rules of Civil Procedure; and
(c) If the parties fail to establish a schedule or determine a date as required in subsection 3, 4 or 6, establish the schedule or determine the date.
8. Unless the mediation required pursuant to paragraph (b) of subsection 4 is completed or the contractor and claimant have agreed in writing not to mediate the claim pursuant to paragraph (b) of subsection 4, a party shall not propound interrogatories or requests for admission, take a deposition or file a motion that is dispositive of the action except:
(a) Upon agreement of the parties; or
(b) With the prior approval of the court or special master.
9. If a residence that is the subject of the claim is covered by a homeowner’s warranty that is purchased by a claimant pursuant to NRS 690B.100 to 690B.180, inclusive, a claimant shall diligently pursue a claim under the contract.
10. Unless the parties agree otherwise, not less than 45 days before the date of the mediation pursuant to paragraph (b) of subsection 4 is convened, the contractor shall make a written offer of settlement to the claimant that meets the requirements set forth in subsection 3 of NRS 40.645.
11. If the claimant is a representative of a homeowner’s association, the association shall submit any offer of settlement made by the contractor to each member of the association in writing not more than 30 days after the date the claimant receives the offer of settlement.
12. The claimant shall respond to the written offer of settlement within 45 days after the offer is mailed to the claimant.
Sec. 3. Except as otherwise provided in NRS 40.670, if a contractor receives written notice of a constructional defect that is not part of a complex matter not more than 1 year after the close of escrow of the initial purchase of the residence, the contractor shall make the repairs within 45 days after the contractor receives the written notice unless completion is delayed by the claimant or by other events beyond the control of the contractor, or timely completion of repairs is not reasonably possible. The contractor and claimant may agree in writing to extend the period prescribed by this section. If the contractor fails to comply with this section, he is immediately subject to discipline pursuant to NRS 624.300.
Sec. 4. If, after complying with the procedural requirements of NRS 40.645 and 40.680, or section 2 of this act, a claimant proceeds with an action for damages arising from a constructional defect:
1. The claimant and each contractor who is named in the original complaint when the action is commenced are not required, while the action is pending, to comply with the requirements of NRS 40.645 or 40.680, or section 2 of this act, for any constructional defect that the claimant includes in an amended complaint, if the constructional defect:
(a) Is attributable, in whole or in part, to such a contractor;
(b) Is located on the same property described in the original complaint; and
(c) Was not discovered before the action was commenced provided that a good faith effort had been undertaken by the claimant.
2. The claimant is not required to give written notice of a defect pursuant to subsection 1 of NRS 40.645 or subsection 1 of section 2 of this act to any person who is joined to or intervenes in the action as a party after it is commenced. If such a person becomes a party to the action:
(a) For the purposes of subsection 1 of NRS 40.645 or subsection 1 of section 2 of this act, the person shall be deemed to have been given notice of the defect by the claimant on the date on which the person becomes a party to the action; and
(b) The provisions of NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act apply to the person after that date.
Sec. 5. 1. Notwithstanding the provisions of NRS 40.600 to 40.695, inclusive, and sections 2, 3, 4 and 6 of this act, an action may not be commenced against a subdivider or master developer for a constructional defect in an appurtenance constructed on behalf of the subdivider or master developer in a planned unit development, to the extent that the appurtenance was constructed by or through a licensed contractor, unless, after the claimant has made a good faith effort to obtain full recovery from the contractors hired by the subdivider or master developer to construct the appurtenance, the claimant has not obtained a full recovery.
2. All statutes of limitation or repose applicable to a claim governed by this section are tolled from the time the claimant notifies a contractor hired by the subdivider or master developer of the claim until the earlier of the date:
(a) A court determines that the claimant cannot obtain a full recovery against those contractors; or
(b) The claimant receives notice that those contractors are bankrupt, insolvent or dissolved.
Tolling pursuant to this subsection applies only to the subdivider or master developer. Notwithstanding any applicable statute of limitation or repose, the claimant may commence an action against the subdivider or master developer for the claim within 1 year after the end of the tolling described in this subsection.
3. Nothing in this section prohibits the commencement of an action against a subdivider or master developer for a constructional defect in a residence sold, designed or constructed by or on behalf of the subdivider or master developer.
4. As used in this section
(a) “Master developer” means a person who buys, sells, develops or acts as a broker for a planned unit development pursuant to an agreement for development of land entered into pursuant to NRS 278.0201.
(b) “Planned unit development” has the meaning ascribed to it in NRS 278A.065.
(c) “Subdivider” has the meaning ascribed to it in NRS 278.0185.
Sec. 6. 1. If a claimant attempts to sell a residence that has been the subject of a claim governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act, he shall disclose, in writing, to any prospective purchaser of the residence, not less than 30 days before the close of escrow for the sale of the residence or, if escrow is to close less than 30 days after the execution of the sales agreement, then immediately upon the execution of the sales agreement or, if a claim is initiated less than 30 days before the close of escrow, within 24 hours after giving written notice to the contractor pursuant to subsection 1 of NRS 40.645 or subsection 1 of section 2 of this act:
(a) All notices given by the claimant to the contractor pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act that are related to the residence;
(b) All opinions the claimant has obtained from experts regarding a constructional defect that has been the subject of the claim;
(c) The terms of any settlement, order or judgment relating to the claim; and
(d) A detailed report of all repairs made to the residence by or on behalf of the claimant as a result of a constructional defect that has been the subject of the claim.
2. Before taking any action on a claim pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act, the attorney for a claimant shall notify the claimant in writing of the provisions of this section.
Sec. 7. NRS 40.600 is hereby amended to read as follows:
Sec. 8. NRS 40.605 is hereby amended to read as follows:
2. As used in this section:
(a) “Common elements” has the meaning ascribed to it in NRS 116.110318.
(b) “Limited common element” has the meaning ascribed to it in NRS 116.110355.
Sec. 9. NRS 40.645 is hereby amended to read as follows:
40.645 Except as otherwise provided in this section and NRS 40.670:
1. [At] For a claim that is not a complex matter, at least 60 days before a claimant commences anaction against a contractor for damages arising from a constructional defect, the claimant must give written notice by certified mail, return receipt requested, to the contractor, at the contractor’s last known address, specifying in reasonable detail the defects or any damages or injuries to each residence [or each unit within a multiple-unit residence]that is the subject of the claim. The notice must describe in reasonable detail the cause of the defects if the cause is known, [and] the nature and extent that is known of the damage or injury resulting from the defects[. In a complex matter, an] and the location of each defect within each residence to the extent known. An expert opinion concerning the cause of the defects and the nature and extent of the damage or injury resulting from the defects based on a representative sample of the residences [or of the units of each multiple-unit residence] involved in the action satisfies the requirements of this section.During the 35-day period after the contractor receives the notice, on his written request, the contractor is entitled to inspect the property that is the subject of the claim to determine the nature and cause of the defect, damage or injury and the nature and extent of repairs necessary to remedy the defect. The contractor shall, before making the inspection, provide reasonable notice of the inspection and [must] shall make the inspection at a reasonable time.The contractor may take reasonable steps to establish the existence of the defect.
2. If [the] a residence that is the subject of the claim is covered by a homeowner’swarranty[,] that is purchased by a claimant pursuant to NRS 690B.100 to 690B.180, inclusive, a claimant [must] shall diligently pursue a claim under the [warranty or] contract.
3. Within 45 days after the contractor receives the notice, the contractor may make a written offer of settlement to the claimant. The offer:
(a) Must be served to the claimant by certified mail, return receipt requested, at the claimant’s last known address.
(b) Must respond to each constructional defect set forth in the claimant’s notice, and describe in reasonable detail the cause of the defect, if known, the nature and extent of the damage or injury resulting from the defect, and, unless the offer is limited to a proposal for monetary compensation, the method, adequacy and estimated cost of the proposed repair.
(c) May include:
(1) A proposal for monetary compensation.
(2) If the contractor is licensed to make the repairs, an agreement by the contractor to make the repairs.
(3) An agreement by the contractor to cause the repairs to be made, at the contractor’s expense, by another contractor who is licensed to make the repairs, bonded and insured.
The repairs must be made within 45 days after the contractor receives written notice of acceptance of the offer, unless completion is delayed by the claimant or by other events beyond the control of the contractor. The claimant and the contractor may agree in writing to extend the periods prescribed by this section.
4. [The periods provided in subsections 1 and 3 must be extended by 60 days if the claim is a complex matter. The parties may stipulate to a further extension.
5.] Not later than 15 days before the mediation required pursuant to NRS 40.680 and upon providing 15 days’ notice, each party shall provide the other party, or shall make a reasonable effort to assist the other party to obtain, all relevant reports, photos, correspondence, plans, specifications, warranties, contracts, subcontracts, work orders for repair, videotapes [and], technical reports, soil and other engineering reports and other documents or materials relating to the claim that are not privileged.
[6.] 5. If the claimant is a representative of a homeowner’s association, the association shall submit any offer of settlement made by the contractor to each member of the association.
Sec. 10. NRS 40.650 is hereby amended to read as follows:
(a) Deny the claimant’s attorney’s fees and costs; and
(b) Award attorney’s fees and costs to the contractor.
Any sums paid under a homeowner’s warranty, other than sums paid in satisfaction of claims that are collateral to any coverage issued to or by the contractor, must be deducted from any recovery.
2. If a contractor fails to:
(a) Make an offer of settlement;
(b) Make a good faith response to the claim asserting no liability;
(c) Complete,in a good and workmanlike manner, the repairs specified in an accepted offer;
(d) Agree to a mediator or accept the
appointment of a mediator pursuant to NRS 40.680 [;] or subsection 4 of section
2 of this act; or
(e) Participate in mediation,
the limitations
on damages and defenses to liability provided in NRS 40.600 to 40.695,
inclusive, and sections 2 to 6, inclusive, of this act do
not apply and the claimant may commence an action without satisfying any other
requirement of NRS 40.600 to 40.695, inclusive [.] , and
sections 2 to 6, inclusive, of this act.
3. If coverage under a homeowner’s warranty is denied by an insurer in bad faith, the homeowner and the contractor have a right of action for the sums that would have been paid if coverage had been provided, plus reasonable attorney’s fees and costs.
Sec. 11. NRS 40.660 is hereby amended to read as follows:
40.660 An offer of settlement that is not accepted within:
1. In a complex matter, 45 days; or
2. In a matter that is not a complex matter, 25 days,
after the offer is received by the claimant is considered rejected if the offer contains a clear and understandable statement notifying the claimant of the consequences of his failure to respond or otherwise accept or reject the offer of settlement. An affidavit certifying rejection of an offer of settlement under this section may be filed with the court.
Sec. 12. NRS 40.685 is hereby amended to read as follows:
2. The provisions of subsection 1 do not apply to any written waiver or settlement agreement described in subsection 1, unless:
(a) The claimant has obtained the opinion of an expert concerning the constructional defect;
(b) The claimant has provided the contractor with a written notice of the defect pursuant to NRS 40.645 or section 2 of this act and a copy of the expert’s opinion; and
(c) The claimant and the contractor have complied with the requirements for inspection and repair as provided in NRS 40.600 to 40.695, inclusive[.] , and sections 2 to 6, inclusive, of this act.
3. If a claimant does not prevail in any action which is not barred pursuant to this section, the court may:
(a) Deny the claimant’s attorney’s fees, fees for an expert witness or costs; and
(b) Award attorney’s fees and costs to the contractor.
Sec. 13. NRS 40.690 is hereby amended to read as follows:
2. A contractor or claimant may require [any third party except an insurer, government, governmental agency or political subdivision of a government] a party against whom the contractor or claimant asserts a claim governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act to appear and participate in proceedings held pursuant to [NRS 40.600 to 40.695, inclusive,] those sections as if the [third] party were a contractor[.] and the party requiring him to appear were a claimant. The party must receive notice of the proceedings from the contractor or claimant.
Sec. 14. NRS 40.695 is hereby amended to read as follows:
2. Tolling under this section applies [to] :
(a) Only to a claim that is not a complex matter.
(b) To a third party regardless of whether the party is required to appear in the proceeding.
Sec. 15. Chapter 11 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, for the purposes of this section and NRS 11.202 to 11.206, inclusive, the date of substantial completion of an improvement to real property shall be deemed to be the date on which:
(a) The final building inspection of the improvement is conducted;
(b) A notice of completion is issued for the improvement; or
(c) A certificate of occupancy is issued for the improvement,
whichever occurs later.
2. If none of the events described in subsection 1 occurs, the date of substantial completion of an improvement to real property must be determined by the rules of the common law.
Sec. 16. NRS 11.203 is hereby amended to read as follows:
(a) Any deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement which is known or through the use of reasonable diligence should have been known to him;
(b) Injury to real or personal property caused by any such deficiency; or
(c) Injury to or the wrongful death of a person caused by any such deficiency.
2. Notwithstanding the provisions of NRS 11.190 [and subsection 1 of this section, where] , if an injury occurs in the [tenth] 10th year after the substantial completion of such an improvement, an action for damages for injury to property or person, damages for wrongful death resulting from such injury or damages for breach of contract may be commenced within 2 years after the date of such injury, irrespective of the date of death, but in no event may an action be commenced more than 12 years after the substantial completion of the improvement.
3. The provisions of this section do not apply to a claim for indemnity or contribution.
Sec. 17. NRS 11.204 is hereby amended to read as follows:
(a) Any latent deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement;
(b) Injury to real or personal property caused by any such deficiency; or
(c) Injury to or the wrongful death of a person caused by any such deficiency.
2. Notwithstanding the provisions of NRS 11.190 [and subsection 1 of this section, where], if an injury occurs in the eighth year after the substantial completion of such an improvement, an action for damages for injury to property or person, damages for wrongful death resulting from such injury or damages for breach of contract may be commenced within 2 years after the date of such injury, irrespective of the date of death, but in no event may an action be commenced more than 10 years after the substantial completion of the improvement.
3. The provisions of this section do not apply to a claim for indemnity or contribution.
4. For the purposes of this section, “latent deficiency” means a deficiency which is not apparent by reasonable inspection.
Sec. 18. NRS 11.205 is hereby amended to read as follows:
(a) Any patent deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement;
(b) Injury to real or personal property caused by any such deficiency; or
(c) Injury to or the wrongful death of a person caused by any such deficiency.
2. Notwithstanding the provisions of NRS 11.190 [and subsection 1 of this section, where] , if an injury occurs in the sixth year after the substantial completion of such an improvement, an action for damages for injury to property or person, damages for wrongful death resulting from such injury or damages for breach of contract may be commenced within 2 years after the date of such injury, irrespective of the date of death, but in no event may an action be commenced more than 8 years after the substantial completion of the improvement.
3. The provisions of this section do not apply to a claim for indemnity or contribution.
4. For the purposes of this section, “patent deficiency” means a deficiency which is apparent by reasonable inspection.
Sec. 19. Chapter 113 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon signing a sales agreement with the initial purchaser of residential property that was not occupied by the purchaser for more than 120 days after substantial completion of the construction of the residential property, the seller shall:
(a) Provide to the initial purchaser a copy of NRS 11.202 to 11.206, inclusive, and section 15 of this act and NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act;
(b) Notify the initial purchaser of any soil report prepared for the residential property or for the subdivision in which the residential property is located; and
(c) If requested in writing by the initial purchaser not later than 5 days after signing the sales agreement, provide to the purchaser without cost each report described in paragraph (b) not later than 5 days after the seller receives the written request.
2. Not later than 20 days after receipt of all reports pursuant to paragraph (c) of subsection 1, the initial purchaser may rescind the sales agreement.
3. The initial purchaser may waive his right to rescind the sales agreement pursuant to subsection 2. Such a waiver is effective only if it is made in a written document that is signed by the purchaser and notarized.
Sec. 20. NRS 113.100 is hereby amended to read as follows:
1. “Defect” means a condition that materially affects the value or use of residential property in an adverse manner.
2. “Disclosure form” means a form that complies with the regulations adopted pursuant to NRS 113.120.
3. “Dwelling unit” means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one person who maintains a household or by two or more persons who maintain a common household.
4. “Residential property” means any land in this state to which is affixed not less than one nor more than four dwelling units.
5. “Seller” means a person who sells or intends to sell any residential property.
Sec. 21. NRS 624.300 is hereby amended to read as follows:
624.300 1. Except as otherwise provided in subsection 6, the board may:
(a) Suspend or revoke licenses already issued;
(b) Refuse renewals of licenses;
(c) Impose limits on the field, scope and monetary limit of the license;
(d) Impose an administrative fine of not more than $10,000;
(e) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensee’s cost; or
(f) Reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,
if the licensee commits any act which constitutes a cause for disciplinary action.
2. If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, the board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.
3. If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the board from taking disciplinary action.
4. If the board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the board from taking disciplinary action pursuant to this section.
5. The expiration of a license by operation of law or by order or decision of the board or a court, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.
6. [The] Except as otherwise provided in section 3 of this act, the board shall not take any disciplinary action pursuant to this section regarding a constructional defect, as that term is defined in NRS 40.615, during the period in which any claim arising out of that defect is being settled, mediated or otherwise resolved pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act, unless the disciplinary action is necessary to protect the public health or safety.
7. If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.
Sec. 22. NRS 690B.100 is hereby amended to read as follows:
690B.100 As used in NRS 690B.100 to 690B.180, inclusive, unless the context otherwise requires:
1. “Home” means a structure used primarily for residential purposes and includes [a single-family dwelling, a] , without limitation:
(a) A single-family dwelling;
(b) A unit in a multiple-family structure [and a] ;
(c) A mobile home[.] ; and
(d) The common elements of a common-interest community, as defined in NRS 116.110318, and any appurtenance to the common elements.
2. “Insurance for home protection” means a contract of insurance, which affords coverage over a specified term for a predetermined fee, under which a person, other than the manufacturer, builder, seller or lessor of the home, agrees to repair, replace or indemnify from the cost of repair or replacement based upon the failure of any structure, component, system or appliance of the home. The term does not include a contract which insures against any consequential losses caused by the defects or failures.
Sec. 23. NRS 690B.140 is hereby amended to read as follows:
Sec. 24. NRS 690B.160 is hereby amended to read as follows:
690B.160 1. A contract of insurance for home protection must specify:
(a) The structures, components, systems and appliances covered by the provisions of the contract.
(b) Any exclusions from and limitations on coverage.
(c) The period during which the contract will be in effect, and the renewal terms, if any.
(d) The services to be performed by the insurer and the terms and conditions of his performance.
(e) The copayment, service fee or deductible charge, if any, to be charged [for his services.] to the insured.
(f) All limitations regarding the performance of services, including any restrictions as to the time during or geographical area within which services may be requested or will be performed.
(g) That [services will be performed upon a telephoned request to] the insurer will commence an investigation of a claim upon a request from the insured by telephone, without any requirement that claim forms or applications be filed before the [performance of service.] commencement of the investigation.
(h) That services will be initiated by or under the direction of the insurer within 48 hours after [proper request is made for services.] the conclusion of an investigation of a claim.
(i) Other conditions and provisions pertaining to the coverage as required by the insurance laws of this state or regulations adopted by the commissioner.
2. Insurance for home protection may not be canceled during the term for which it is issued, except:
(a) For nonpayment of the fee for the contract.
(b) For fraud or misrepresentation of facts material to the issuance or renewal of the contract.
(c) Insurance which provides coverage before the home is sold if the sale is not made. The cancellation must be made in accordance with the contract provisions.
3. Insurance for home protection is not renewable unless its terms provide otherwise.
Sec. 25. NRS 690B.180 is hereby amended to read as follows:
1. Engage in any business other than the furnishing of insurance for home protection.
2. Assume] assume reinsurance from any other insurer.
Sec. 26. The amendatory provisions of this act do not apply to a claim initiated or an action commenced pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act, unless the claim was initiated or the action was commenced on or after July 1, 1999.
Sec. 27. This act becomes effective on July 1, 1999.”.
Amend the title of the bill to read as follows:
“AN ACT relating to real property; revising certain provisions governing claims against contractors for constructional defects in residences; revising the statutes of limitation and statutes of repose relating to certain actions on real property; requiring specified disclosures on the sale of certain residences; revising certain provisions governing insurance for home protection; and providing other matters properly relating thereto.”.
Amend the summary of the bill, first line, by deleting: “contractors. (BDR 54-22)” and inserting: “constructional defects and insurance for home protection. (BDR 3-22)”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend and James.
Conflict of interest declared by Senators James and Porter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 384.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 447.
Amend section 1, page 1, by deleting lines 3 through 16 and inserting:
“1. If an electric utility places wires carrying high voltage on, over or under private property without the written permission of the owner, the owner is entitled to compensation for the presence, and any hazard resulting from the presence, of the wires. The owner may recover this compensation within 15 years after he discovers that the wires were placed or that high voltage is being carried by wires previously placed.
2. If the utility’s failure to negotiate in good faith causes the owner to seek legal action to recover compensation, the owner is also entitled to recover his costs and attorney’s fees in bringing the action.
3. As used in this section, “high voltage” means voltage greater than 240 volts.”.
Amend the bill as a whole by deleting sec. 2 and renumbering sec. 3 as sec. 2.
Amend sec. 3, page 2, by deleting lines 23 through 28 and inserting:
“Sec. 2. This act becomes effective upon passage and approval.”.
Amend the title of the bill to read as follows:
“AN ACT relating to utilities; requiring an electric utility that places high-voltage wires on private property without the owner’s permission to pay compensation to the owner; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires electric utility that places high-voltage wires on private property without owner’s permission to pay compensation to owner. (BDR 58‑1494)”.
Senator Shaffer moved the adoption of the amendment.
Remarks by Senators Shaffer and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Porter moved that Senate Bill No. 391 be taken from the Second Reading File and placed on the bottom of the Second Reading File on the Second Agenda.
Remarks by Senator Porter.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 419.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 466.
Amend sec. 7, page 2, line 1, by deleting “conducted” and inserting “administered”.
Amend sec. 8, page 2, by deleting line 11.
Amend sec. 8, page 2, line 12, by deleting “(d)” and inserting “(c)”.
Amend sec. 8, page 2, line 13, by deleting “(e)” and inserting “(d)”.
Amend sec. 8, page 2, line 14, by deleting “(f)” and inserting “(e)”.
Amend sec. 8, page 2, by deleting line 21 and inserting: “percent of the lesser of the average industrial hourly wage in:
(I) This state; or
(II) The county in which the business is located,
as determined”.
Amend sec. 8, page 2, by deleting line 27 and inserting: “shall approve or deny each application at the next regularly scheduled meeting of”.
Amend sec. 8, pages 2 and 3, by deleting lines 39 through 41 on page 2 and lines 1 through 3 on page 3, and inserting:
“6. If the commission approves an application, it shall notify the applicant, in writing, within 10 days after the application is approved.”.
Amend sec. 9, page 3, by deleting lines 7 through 28 and inserting:
“Sec. 9. 1. Except as otherwise provided in subsection 2, the director may grant an amount not to exceed $500,000 per fiscal year to the commission to pay for programs that the commission approves pursuant to section 8 of this act.
2. If the commission expends the amount granted pursuant to subsection 1 before the end of the fiscal year, the commission may request that the director grant additional money to pay for programs that the commission approves pursuant to section 8 of this act.
3. Upon receipt of a request for additional money pursuant to subsection 2, the director shall decide whether to grant the additional money and shall send written notice of his decision to the commission in a timely manner.”.
Amend the title of the bill, first line, by deleting “in skeleton form for”.
Senator James moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 544.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 577.
Amend sec. 4, page 4, line 17, by deleting “12,” and inserting “12.5”.
Amend sec. 5, page 4, line 19, by deleting “12,” and inserting “12.5,”.
Amend the bill as a whole by adding a new section designated sec. 12.5, following sec. 12, to read as follows:
“Sec. 12.5. 1. If approved by the board pursuant to this section, a group of not less than 300 officers, employees or retired employees, or any combination thereof, that participate in the program may leave the program and secure life, accident or health insurance, or any combination thereof, for the group from an:
(a) Insurer that is authorized by the commissioner of insurance to provide such insurance; or
(b) Employee benefit plan, as defined in 29 U.S.C. § 1002(3) that has been approved by the board. The board shall approve an employee benefit plan unless the board finds that the plan is not operated pursuant to such sound accounting and financial management practices as to ensure that the group will continue to receive adequate benefits.
2. Before entering into a contract with the insurer or approved employee benefit plan, the group shall submit the proposed contract to the board for approval. The board may approve the contract unless the departure of the group from the program would cause an increase of more than 10 percent in the costs of premiums or contributions for the remaining participants in the program.
3. The board shall disburse periodically to the insurer or employee benefit plan with which a group contracts pursuant to this section the total amount set forth in the contract for premiums or contributions for the members of the group for that period but not to exceed the amount appropriated to or authorized for the department, agency, commission or public agency that employs the members of the group for premiums or contributions for the members of the group for that period, after deducting any administrative costs related to the group.”.
Amend sec. 18, page 9, line 18, by deleting “seven” and inserting “nine”.
Amend sec. 18, page 10, line 6, after “(g)” by inserting: “Two members who have substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the governor.
(h)”.
Amend sec. 18, page 10, line 12, by deleting “Have” and inserting: “Except for a member appointed pursuant to paragraph (g) of subsection 2, have”.
Amend sec. 18, page 10, line 14, by deleting “Be” and inserting: “Except for a member appointed pursuant to paragraph (g) of subsection 2, be”.
Amend sec. 20, page 11, line 40, after “(e)” by inserting: “Investigate and approve or disapprove any contract proposed pursuant to section 12.5 of this act.
(f)”.
Amend sec. 20, page 11, line 42, by deleting “12,” and inserting “12.5,”.
Amend sec. 20, page 12, line 8, by deleting “and”.
Amend sec. 20, page 12, line 9, after “(4)” by inserting: “Procedures by which a group of participants in the program may leave the program pursuant to section 12.5 of this act and conditions and procedures for reentry into the program by such participants; and
(5)”.
Amend sec. 20, page 12, line 10, by deleting “(f)” and inserting “(g)”.
Amend sec. 20,
page 12, by deleting lines 11 through 18 and inserting: “shall provide [an]
:
(1) An annual audit of the [plan and] program; and
(2) A biennial audit of the program to determine whether the program complies with all applicable federal and state laws relating to taxes and employee benefits.
The accountant shall report
to the [committee]
board and the [legislative commission. For
the purposes of]
interim benefits committee created by section 12 of this act.”.
Amend sec. 34, page 19, line 41, by deleting “12,” and inserting “12.5,”.
Amend sec. 42, page 25, line 10, by deleting “12,” and inserting “12.5,”.
Amend sec. 45, page 26, line 31, after “(e)” by inserting: “Investigate and approve or disapprove any contract proposed pursuant to section 12.5 of this act.
(f)”.
Amend sec. 45, page 26, line 33, by deleting “[12,] 11,” and inserting “12.5”.
Amend sec. 45, page 26, by deleting line 41 and inserting:
“(4) Procedures by which a group of participants in the program may leave the program pursuant to section 12.5 of this act and conditions and procedures for reentry into the program by such participants; and
(5) Specific procedures for the determination of contested”.
Amend sec. 45, page 27, line 1, by deleting “(f)” and inserting “(g)”.
Amend sec. 45, page 27, by deleting lines 2 through 10 and inserting: “accountant shall provide:
(1) An annual audit of the program; and
(2) A biennial audit of the program to determine whether the program complies with all applicable federal and state laws relating to taxes and employee benefits.
The accountant shall report to the board. [and the interim benefits committee created by section 12 of this act.]”.
Amend the title of the bill, ninth line, after “program;” by inserting: “authorizing certain public employees to secure insurance from an insurer or employee benefit plan other than through the public employees’ benefits program;”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senators O’Connell, Titus, Neal, Raggio and Coffin.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Washington moved that Senate Bill No. 477 be taken from the Second Reading File and placed on the bottom of the Second Reading File on the Third Agenda.
Remarks by Senator Washington.
Motion carried.
Senator Porter moved that Senate Bill No. 391 be taken from the Second Reading File and placed on the bottom of the Second Reading File on the Third Agenda.
Remarks by Senator Porter.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 25.
Bill read third time.
Roll call on Senate Bill No. 25:
Yeas—21.
Nays—None.
Senate Bill No. 25 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 38.
Bill read third time.
Conflict of interest declared by Senator Porter.
Roll call on Senate Bill No. 38:
Yeas—20.
Nays—None.
Not Voting—Porter.
Senate Bill No. 38 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 103.
Bill read third time.
Roll call on Senate Bill No. 103:
Yeas—21.
Nays—None.
Senate Bill No. 103 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 128.
Bill read third time.
Roll call on Senate Bill No. 128:
Yeas—21.
Nays—None.
Senate Bill No. 128 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 131.
Bill read third time.
Roll call on Senate Bill No. 131:
Yeas—19.
Nays—Mathews, Neal—2.
Senate Bill No. 131 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 133.
Bill read third time.
Remarks by Senators Neal and Townsend.
Conflict of interest declared by Senator Porter.
Roll call on Senate Bill No. 133:
Yeas—19.
Nays—None.
Not Voting—Porter, Washington—2.
Senate Bill No. 133 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 140.
Bill read third time.
Roll call on Senate Bill No. 140:
Yeas—20.
Nays—None.
Not Voting—Coffin.
Senate Bill No. 140 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 144.
Bill read third time.
Remarks by Senators Neal and O’Connell.
Roll call on Senate Bill No. 144:
Yeas—21.
Nays—None.
Senate Bill No. 144 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 145.
Bill read third time.
Remarks by Senators James, Raggio, Coffin, Townsend and O’Connell.
Conflict of interest declared by Senators Coffin, James and Raggio.
Roll call on Senate Bill No. 145:
Yeas—18.
Nays—None.
Not Voting—Coffin, James, Raggio—3.
Senate Bill No. 145 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 161.
Bill read third time.
Roll call on Senate Bill No. 161:
Yeas—21.
Nays—None.
Senate Bill No. 161 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 163.
Bill read third time.
Remarks by Senators Neal, Rawson, McGinness and Titus.
Roll call on Senate Bill No. 163:
Yeas—17.
Nays—McGinness, Neal, Shaffer, Washington—4.
Senate Bill No. 163 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 194.
Bill read third time.
Roll call on Senate Bill No. 194:
Yeas—21.
Nays—None.
Senate Bill No. 194 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 211.
Bill read third time.
Remarks by Senators James and Rhoads.
Senator Rhoads moved that Senate Bill No. 211 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Rhoads.
Motion carried.
Senate Bill No. 224.
Bill read third time.
Conflict of interest declared by Senator Porter.
Roll call on Senate Bill No. 224:
Yeas—19.
Nays—None.
Not Voting—Coffin, Porter—2.
Senate Bill No. 224 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 225.
Bill read third time.
Remarks by Senators Care, Townsend, Neal, James and Raggio.
Senator Raggio moved that Senate Bill No. 225 be taken from its position on the General File and placed on the bottom of the General File.
Remarks by Senator Raggio.
Motion carried.
Senate Bill No. 259.
Bill read third time.
Roll call on Senate Bill No. 259:
Yeas—20.
Nays—Neal.
Senate Bill No. 259 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 273.
Bill read third time.
Roll call on Senate Bill No. 273:
Yeas—17.
Nays—Care, Neal, Titus, Wiener—4.
Senate Bill No. 273 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 287.
Bill read third time.
Roll call on Senate Bill No. 287:
Yeas—18.
Nays—James, Neal, Titus—3.
Senate Bill No. 287 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 318.
Bill read third time.
Remarks by Senators Carlton and McGinness.
Roll call on Senate Bill No. 318:
Yeas—21.
Nays—None.
Senate Bill No. 318 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 349.
Bill read third time.
The following amendment was proposed by Senator McGinness:
Amendment No. 698.
Amend sec. 7, page 2, by deleting sec. 7 and inserting:
“Sec. 7. (Deleted by amendment.)”.
Amend the title of the bill, fifth and sixth lines, by deleting: “eliminating the conversion factor for liquefied petroleum gas used in the calculation of the tax on special fuel;”.
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. 362.
Bill read third time.
Roll call on Senate Bill No. 362:
Yeas—21.
Nays—None.
Senate Bill No. 362 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 366.
Bill read third time.
Roll call on Senate Bill No. 366:
Yeas—21.
Nays—None.
Senate Bill No. 366 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 369.
Bill read third time.
Roll call on Senate Bill No. 369:
Yeas—21.
Nays—None.
Senate Bill No. 369 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 423.
Bill read third time.
Remarks by Senator Schneider.
Conflict of interest declared by Senator Porter.
Roll call on Senate Bill No. 423:
Yeas—20.
Nays—None.
Not Voting—Porter.
Senate Bill No. 423 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 428.
Bill read third time.
Remarks by Senators Schneider and James.
Conflict of interest declared by Senator James.
Roll call on Senate Bill No. 428:
Yeas—20.
Nays—None.
Not Voting—James.
Senate Bill No. 428 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 436.
Bill read third time.
Roll call on Senate Bill No. 436:
Yeas—21.
Nays—None.
Senate Bill No. 436 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 439.
Bill read third time.
Remarks by Senator Amodei.
Conflict of interest declared by Senator Amodei.
Roll call on Senate Bill No. 439:
Yeas—20.
Nays—None.
Not Voting—Amodei.
Senate Bill No. 439 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 447.
Bill read third time.
Roll call on Senate Bill No. 447:
Yeas—16.
Nays—Care, Coffin, Neal, Titus, Wiener—5.
Senate Bill No. 447 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 449.
Bill read third time.
Roll call on Senate Bill No. 449:
Yeas—21.
Nays—None.
Senate Bill No. 449 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 450.
Bill read third time.
Roll call on Senate Bill No. 450:
Yeas—13.
Nays—Carlton, James, Mathews, Neal, Shaffer, Titus, Wiener—7.
Not Voting—Townsend.
Senate Bill No. 450 having failed to receive a two-thirds majority, Madam President declared it lost.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 1:09 p.m.
SENATE IN SESSION
At 1:12 p.m.
President Hunt presiding.
Quorum present.
GENERAL FILE AND THIRD READING
Senate Bill No. 463.
Bill read third time.
Remarks by Senators Neal, Carlton and Townsend.
Roll call on Senate Bill No. 463:
Yeas—21.
Nays—None.
Senate Bill No. 463 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 473.
Bill read third time.
Roll call on Senate Bill No. 473:
Yeas—21.
Nays—None.
Senate Bill No. 473 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 478.
Bill read third time.
Remarks by Senators Coffin, O’Connell, Porter and Neal.
Senator Coffin requested that the following remarks be entered in the Journal.
Senator Coffin:
Thank you, Madam President. Where in the bill is the provision in the amendment regarding the mandatory voting of an elected official on an issue after a certain determination has been made? It seems I saw, in the amendment, the words “forced to vote if you have not complied with a certain provision.”
Senator O’Connell:
You might check section 15, page 8. “A public officer has a duty to vote on a matter unless he makes the disclosure required pursuant to subsection 3.”
Senator Coffin:
I just wanted a clarification on that as it now rests in the bill. If you have a reason to not vote, which might be private to you, you will still be required to vote? There are more conflicts than pecuniary conflicts and sometimes they are matters of protests.
Senator O’Connell:
Thank you, Madam President. One of the people on the committee requested this language be inserted. This is my understanding of the explanation given to the committee at the time his request was made, unless a person met one of the requirements listed above as to why they would not vote, then yes that would be true. You would have to meet one of those requirements before you abstain on a vote. You would have to have some kind of relationship with the person. I think there are four different areas listed, and the fifth area listed states if you have a relationship with another person that could be categorized in one of the four areas previously listed.
Senator Coffin:
Madam President, to you and through you to the chairman, could a “no vote” be considered a vote? If you’ve abstained, is that considered a vote?
Senator O’Connell:
That is my understanding. However, I would ask the senator who requested that language to clarify it, if I am misspeaking.
Senator Porter:
Our chairman is not misspeaking, but I will summarize some of my thoughts in requesting this amendment. I think we have a responsibility as elected officials to acknowledge where we stand on a bill if we choose not to vote. Specifically, the bill relates to those three or four areas that were mentioned. To answer my colleague from southern Nevada, I believe that a “no vote” would address your concerns, and your specific question.
Senator Coffin:
So, the record is clear: the non-vote, which is what we call an abstention, is a vote. I understand that to be the clarification.
Senator Porter:
Yes, that would be a vote.
Senator Coffin:
Thank you, very much.
Senator Neal:
I just wanted to assure my good friend and colleague that this is a good bill. We worked it over thoroughly. If you notice on page 9, subsection 4, that subsection might be an answer to your problems relative to this bill. I would ask the Senator to vote its passage.
Roll call on Senate Bill No. 478:
Yeas—21.
Nays—None.
Senate Bill No. 478 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 487.
Bill read third time.
Conflict of interest declared by Senator Raggio.
Roll call on Senate Bill No. 487:
Yeas—20.
Nays—None.
Not Voting—Raggio.
Senate Bill No. 487 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 495.
Bill read third time.
Remarks by Senators Neal, Townsend and Carlton.
Conflict of interest declared by Senator Porter.
Roll call on Senate Bill No. 495:
Yeas—18.
Nays—Mathews.
Not Voting—Porter, Washington—2.
Senate Bill No. 495 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 500.
Bill read third time.
Remarks by Senators Jacobsen and O’Connell.
Roll call on Senate Bill No. 500:
Yeas—20.
Nays—Care.
Senate Bill No. 500 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 510.
Bill read third time.
Roll call on Senate Bill No. 510:
Yeas—21.
Nays—None.
Senate Bill No. 510 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 No. 520 be taken from General File and re-referred to the Committee on Finance.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 526.
Bill read third time.
Roll call on Senate Bill No. 526:
Yeas—21.
Nays—None.
Senate Bill No. 526 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bills Nos. 144, 390, 391, be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
Senator Raggio moved that Senate Bill No. 512 be taken from the Secretary’s desk and placed on General File.
Remarks by Senator Raggio.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill 512.
Bill read third time.
The following amendment was proposed by Senator Raggio:
Amendment No. 700.
Amend sec. 4, page 2, by deleting lines 40 through 42 and inserting: “than 20 marriage ceremonies in commissioner townships if he does not accept any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage [.] other than a nonmonetary gift that is of nominal value.”.
Amend sec. 4, page 3, by deleting lines 2 through 9 and inserting: “20 marriage ceremonies in this state if he does not accept any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage [.] other than a nonmonetary gift that is of nominal value.
5. Any justice of the peace who performs a marriage ceremony in a commissioner township or any municipal judge who performs a marriage ceremony in this state and who , in violation of this section,accepts any fee, gratuity, gift, honorarium or anything of value for or in connection with solemnizing the marriage is guilty of a misdemeanor.”.
Amend the bill as a whole by deleting sec. 6.
Amend the title of the bill, by deleting the first and second lines and inserting:
“AN ACT relating to marriage; authorizing a justice of the peace and municipal judge to accept certain gifts in connection with solemnizing a marriage;”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 370, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Finance.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Transportation, to which was referred Senate Bill No. 444, 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 Transportation, to which was referred Senate Bill No. 491, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Finance.
William R. O’Donnell, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Senate Bills Nos. 370, 444, 491 be placed on the bottom of the Second Reading File on the Third Agenda.
Remarks by Senator Raggio.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Joint Resolution No. 3.
Resolution read third time.
Roll call on Senate Joint Resolution No. 3:
Yeas—13.
Nays—Care, Carlton, Coffin, Neal, O’Donnell, Schneider, Titus, Wiener—8.
Senate Joint Resolution No. 3 having received a constitutional majority, Madam President declared it passed, as amended.
Resolution ordered transmitted to the Assembly.
Senate Joint Resolution No. 9.
Resolution read third time.
Remarks by Senators Rhoads, O’Donnell and Coffin.
Roll call on Senate Joint Resolution No. 9:
Yeas—14.
Nays—Coffin, Jacobsen, Mathews, O’Donnell, Raggio, Rawson, Washington—7.
Senate Joint Resolution No. 9 having received a constitutional majority, Madam President declared it passed, as amended.
Resolution ordered transmitted to the Assembly.
Senate Bill No. 530.
Bill read third time.
The following amendment was proposed by Senator Townsend:
Amendment No. 703.
Amend section 1, page 1, line 2, by deleting “15,” and inserting “16,”.
Amend the bill as a whole by renumbering sec. 16 as sec. 17 and adding a new section designated sec. 16, following sec. 15, to read as follows:
“Sec. 16. 1. A commercial building that:
(a) Has been vacant for 2 years or more;
(b) Is located in a city in a county whose population is 100,000 or more but less than 400,000; and
(c) Is a threat to the health, safety or welfare of the residents of or visitors to the city,
constitutes a chronic nuisance.
2. The governing body of each city which is located in a county whose population is 100,000 or more but less than 400,000 shall, to protect the public health, safety and welfare of the residents of the city, adopt an ordinance which requires the city attorney to file an action in a court of competent jurisdiction to seek the abatement of such chronic nuisances as described in subsection 1 as the city attorney deems appropriate.
3. Upon the filing of an action pursuant to subsection 2, the court shall:
(a) Provide the owner of the property upon which the building is located with the opportunity for a hearing; and
(b) Notify the owner of the property upon which the building is located that:
(1) The vacant building constitutes a chronic nuisance;
(2) Within 30 days of receiving the notice, the owner must present evidence to the court that demonstrates to the satisfaction of the court that:
(I) The building is not a chronic nuisance pursuant to subsection 1;
(II) The building or property is being sold and is in escrow;
(III) The owner has developed a plan that is acceptable to the court for the reopening of the building; or
(IV) The owner has developed a plan that is acceptable to the court for razing the building; and
(3) If the owner fails to provide the evidence required by subparagraph (2), the court will order the city to raze the building and will order him to reimburse the city for the cost of bringing the action and for the cost of razing the building.
4. If the court finds that the building is a chronic nuisance and that the owner has not presented adequate evidence pursuant to subparagraph 2 of paragraph (b) of subsection 3, the court shall order:
(a) The city to raze the building; and
(b) The owner of the property upon which the building was located to reimburse the city for:
(1) The costs incurred in razing the building; and
(2) The costs and expenses, including reasonable attorney’s fees, incurred in bringing the action.
The court may also order other appropriate relief.
5. In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to raze the building, the governing body of the city shall provide that the expense is a lien upon the property upon which the building was located. The lien must be perfected by:
(a) Mailing by certified mail a notice of the lien, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and
(b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.”.
Amend the title of the bill, third line, after “assessments;” by inserting: “providing that certain vacant commercial buildings constitute a chronic nuisance which may be abated by the city under certain circumstances;”.
Amend the summary of the bill, first line, by deleting the period and inserting: “and for abatement of certain nuisances in cities in larger counties.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Townsend and Raggio.
Senator Raggio moved that Senate Bill No. 530 be taken from the General File and placed on the General File on the Fourth Agenda.
Remarks by Senator Raggio.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved to proceed to the Second Reading File on the Third Agenda.
Remarks by Senator Raggio.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 370.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 530.
Amend section 1, page 1, by deleting lines 3 through 13 and inserting:
“1. The administrator shall include in the state plan for Medicaid a requirement that:
(a) Any senior citizen who purchases and maintains for at least 3 years a policy of health insurance for long-term care that is made available pursuant to section 19 of this act and whose annual household income is less than $100,000 is eligible for Medicaid for long-term care; and
(b) The state shall pay the medical, administrative and transactional costs of the senior citizen associated with his long-term care that are not otherwise paid under Medicaid, to the extent those costs are not covered by the policy of health insurance purchased pursuant to section 19 of this act.
2. As used in this section:
(a) “Household income” has the meaning ascribed to it in NRS 361.820.
(b) “Income” has the meaning ascribed to it in NRS 361.823.”.
Amend sec. 2, page 1, line 15, by deleting “The” and inserting: “[The] Except as otherwise provided in section 1 of this act, the”.
Amend the bill as a whole by deleting sections 3 through 5 and adding new sections designated sections 3 through 35, following sec. 2, to read as follows:
“Sec. 3. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 11, inclusive, of this act.
Sec. 4. 1. The trust fund for health programs is hereby created in the state treasury to be administered by the state health officer. Upon receipt of any money distributed to the State of Nevada as a result of settlement agreements in November 1998 with tobacco companies, the state treasurer shall deposit an amount equal to 50 percent of the money so received into the trust fund for health programs.
2. The state treasurer may accept gifts and grants for deposit in the trust fund.
3. The money in the trust fund may be used only for the following purposes:
(a) Ten million dollars may be used annually for the payment of subsidies granted pursuant to sections 14 to 28, inclusive, of this act to senior citizens for insurance that provides coverage for long-term care.
(b) Six million dollars may be used annually for the payment of subsidies granted pursuant to sections 14 to 28, inclusive, of this act to senior citizens for insurance that provides coverage for prescription drugs and pharmaceutical services.
(c) The remaining balance in the trust fund may be used to carry out the educational and informational programs designed to prevent and reduce the use of cigarettes and other products made from tobacco established pursuant to NRS 439.130.
4. The money in the trust fund must be invested as the money in other state funds is invested. The interest and income earned on the money in the trust fund must, after deducting any applicable charges, be credited to the trust fund. All claims against the trust fund must be paid as other claims against the state are paid.
5. Not more than 2 percent of the money in the trust fund may be used to pay the costs of administering the trust fund.
Sec. 5. 1. The state board of finance may issue special obligations to provide money to fund the trust fund for health programs established pursuant to section 4 of this act. The obligations may be issued at one time or from time to time, and must be issued in accordance with the provisions of chapter 349 of NRS.
2. The face amount of the special obligations issued pursuant to this section must not exceed the sum of:
(a) Fifty percent of the amount of money anticipated to be distributed to the State of Nevada as a result of settlement agreements in November 1998 with tobacco companies; and
(b) The amount necessary to pay the expenses related to the issuance of the obligations which must not exceed 2 percent of the face amount of the obligations sold.
3. The obligations must be secured by a pledge of the money distributed to the State of Nevada as a result of settlement agreements in November 1998 with tobacco companies in an amount equal to 50 percent of the money so received, and must mature within not more than 10 years after their date of issuance.
4. The proceeds from the sale of the special obligations, after deducting the expenses related to the issuance of the obligations, must be deposited with the state treasurer and credited to the trust fund for health programs.
5. The special obligations issued pursuant to this section are not an indebtedness of the state.
Sec. 6. As used in sections 6 to 9, inclusive, of this act, “office of rural health” means the office of rural health of the University of Nevada School of Medicine.
Sec. 7. 1. The trust fund for rural health care programs is hereby created in the state treasury to be administered by the office of rural health.
2. The state treasurer may accept gifts and grants for deposit in the trust fund.
3. The money in the trust fund may be used only for:
(a) Programs that are designed to improve access to health care services for persons in this state who reside in counties whose populations are less than 100,000;
(b) The promotion of public health and programs for the prevention of disease or illness in such counties; and
(c) The payment of grants to counties pursuant to section 8 of this act.
4. The money in the trust fund must be invested as the money in other state funds is invested. The interest and income earned on the money in the trust fund must, after deducting any applicable charges, be credited to the trust fund. All claims against the trust fund must be paid as other claims against the state are paid.
5. Not more than 2 percent of the money in the trust fund may be used to pay the costs of administering the trust fund.
Sec. 8. 1. A county board of health in a county whose population is less than 100,000 may apply to the office of rural health for a grant of money from the trust fund for rural health care programs created pursuant to section 7 of this act. An application must:
(a) Be submitted on a form provided by the office; and
(b) Include a description of the local health care programs for which the grant will be used.
2. If an application is complete, the office shall determine whether the applicant is eligible to receive a grant from the fund and submit the applications of all eligible applicants to the advisory board for rural health care created pursuant to section 9 of this act for its review. Upon the receipt of the recommendations of the advisory board, the office shall award grants from the trust fund for rural health care programs within the limits of money available in the trust fund.
Sec. 9. 1. The advisory board for rural health care programs is hereby created.
2. The advisory board consists of:
(a) One member of the board of county commissioners of each county in this state, appointed by the board of county commissioners;
(b) The state health officer; and
(c) A member of the general public appointed by the governor.
3. Each member of the advisory board appointed pursuant to paragraphs (a) and (c) of subsection 2 serves at the pleasure of the appointing authority.
4. The members of the advisory board serve without compensation, except that for each day or portion of a day during which a member of the board attends a meeting of the board or is otherwise engaged in the business of the board, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
5. The advisory board shall:
(a) Review the applications for grants submitted to the board by the office of rural health pursuant to section 8 of this act; and
(b) Make recommendations to the office of rural health regarding the grants to be made from the trust fund for rural health care programs.
Sec. 10. 1. The advisory board for the prevention and reduction of the use of cigarettes and other products made from tobacco is hereby created.
2. The advisory board consists of seven members appointed by the governor as follows:
(a) Two members who represent nonprofit organizations dedicated to reducing health care problems related to the use of tobacco;
(b) One member with expertise in the field of education;
(c) Two members who represent the general public;
(d) One member who represents the state board of health; and
(e) One member with expertise in the field of health care and the effects of the use of tobacco.
3. After their initial terms, the members of the advisory board serve terms of 2 years.
4. If a vacancy occurs in the office of a member of the advisory board, the governor shall appoint a person similarly qualified to replace that member.
5. The members of the board serve without compensation, except that for each day or portion of a day during which a member of the board attends a meeting of the board or is otherwise engaged in the business of the board, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
6. The advisory board shall meet at least quarterly and at the times and places specified by the call of the chairman.
7. The governor shall appoint a chairman and a vice chairman from among the membership of the board.
Sec. 11. The advisory board created pursuant to section 10 of this act shall:
1. Make recommendations to the state health officer regarding the educational and informational programs designed to prevent and reduce the use of cigarettes and other products made from tobacco established pursuant to NRS 439.130.
2. Assess the effectiveness of such programs.
3. Evaluate research and programs conducted in other states that are related to the prevention and reduction of the use of cigarettes and other products made from tobacco.
4. Propose strategies for the coordination of proposed programs established by the state health officer pursuant to NRS 439.130.
5. Make recommendations to the state health officer regarding the most appropriate criteria for the selection of, standards of operation for and types of programs to be established.
6. Advise and make recommendations to the governor and the legislature concerning the policy of this state relating to the prevention and reduction of the use of cigarettes and other products made from tobacco.
Sec. 12. NRS 439.130 is hereby amended to read as follows:
439.130 1. The state health officer shall:
(a) Enforce all laws and regulations pertaining to the public health.
(b) Investigate causes of disease, epidemics, source of mortality, nuisances affecting the public health, and all other matters related to the health and life of the people, and to this end he may enter upon and inspect any public or private property in the state.
(c) In cooperation with the advisory board for the prevention and reduction of the use of cigarettes and other products made from tobacco created pursuant to section 10 of this act, establish and coordinate educational and informational programs designed to prevent and reduce the use of cigarettes and other products made from tobacco by the residents of this state.
(d) Direct the work of subordinates and may authorize them to act in his place and stead.
[(d)] (e) Perform such other duties as the director may, from time to time, prescribe.
2. The administrator shall direct the work of the health division, administer the division and perform such other duties as the director may, from time to time, prescribe.
Sec. 13. Chapter 439B of NRS is hereby amended by adding thereto the provisions set forth as sections 14 to 28, inclusive, of this act.
Sec. 14. As used in sections 14 to 28, inclusive, of this act, the words and terms defined in sections 15 to 18, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 15. “Administrator” means the administrator of the aging services division of the department of human resources.
Sec. 16. “Household income” has the meaning ascribed to it in NRS 361.820.
Sec. 17. “Income” has the meaning ascribed to it in NRS 361.823.
Sec. 18. “Senior citizen” means a person who is domiciled in this state and:
1. For the purpose of receiving a subsidy pursuant to section 19 of this act for insurance that provides coverage for prescription drugs and pharmaceutical services, is 65 years of age or older.
2. For the purpose of receiving a subsidy pursuant to section 19 of this act for insurance that provides coverage for long-term care, is 59 years of age or older.
Sec. 19. 1. The administrator shall enter into contracts with private insurers who transact health insurance in this state to arrange for the availability at a reasonable cost of policies of health insurance that provide coverage to senior citizens for:
(a) Long-term care, including care received at home or at a facility for residential care.
(b) Prescription drugs and pharmaceutical services.
2. Within the limits of the money available in the trust fund for health programs created pursuant to section 4 of this act, a senior citizen who purchases a policy of health insurance that is made available pursuant to subsection 1 is entitled to an annual grant from the trust fund to subsidize a portion of the cost of that insurance if he has been domiciled in this state for at least 1 year immediately preceding the date of his application and his household income is within one of the income ranges for which grants are provided pursuant to this subsection to the extent determined by the percentage shown opposite his household income on the following schedule, as that income is adjusted pursuant to subsection 4:
Amount of Household Cost of Insurance Allowable
$11,500 – $13,000 90
13,000 – 16,000 80
16,000 – 19,000 70
19,000 – 21,000 60
21,000 – 25,000 50
3. The amount of any subsidy granted pursuant to this section must not exceed:
(a) The annual cost of insurance that provides coverage for long-term care or $1,200 per year, whichever is less.
(b) The annual cost of insurance that provides coverage for prescription drugs and pharmaceutical services or $480 per year, whichever is less.
4. The monetary amounts shown for each income range in subsection 2 must be adjusted for each fiscal year by adding to each amount the product of the amount shown multiplied by the percentage increase in the Consumer Price Index from December 1998 to the December preceding the fiscal year for which the adjustment is calculated.
5. The total amount of subsidies granted each year by the administrator pursuant to this section for insurance that provides coverage for:
(a) Long-term care must not exceed $10,000,000.
(b) Prescription drugs and pharmaceutical services must not exceed $6,000,000.
Sec. 20. A senior citizen who is otherwise qualified may receive a subsidy pursuant to section 19 of this act for insurance that provides coverage for long-term care while at the same time receiving a subsidy for insurance that provides coverage for prescription drugs and pharmaceutical services.
Sec. 21. 1. A senior citizen who wishes to receive a subsidy pursuant to section 19 of this act must file a request therefor with the administrator.
2. The request must be made under oath and filed in such form and content, and accompanied by such proof, as the administrator may prescribe.
3. The administrator shall, within 45 days after receiving a request for a subsidy, examine the request, granting or denying it, and if granted, shall determine the amount of the subsidy to which the senior citizen is entitled.
4. The administrator shall certify those senior citizens who are eligible to receive a subsidy pursuant to section 19 of this act to the state health officer. Any subsidy granted must be paid by the state health officer directly to an insurer with whom the administrator has entered into a contract pursuant to section 19 of this act.
Sec. 22. Any subsidy granted pursuant to section 19 of this act to a senior citizen who is not qualified for such a subsidy may be revoked by the administrator. If a subsidy is so revoked, the senior citizen shall make restitution to the administrator for any subsidy he has improperly received, and the administrator shall take all proper actions to collect the amount of the subsidy as a debt.
Sec. 23. 1. The administrator shall deny any request for a subsidy received pursuant to section 19 of this act to which the senior citizen is not entitled or any amount in excess of that to which the senior citizen is entitled.
2. The administrator may deny in total any request which he finds to have been filed with fraudulent intent. If any such request has been paid and is afterward denied, the amount of the subsidy together with a 10 percent penalty must be repaid by the senior citizen to the administrator. The penalty prescribed by this section is in addition to, and not in lieu of, any other penalty prescribed by specific statute.
3. Any amounts received by the administrator pursuant to this section must be deposited with the state treasurer for credit to the trust fund for health programs created pursuant to section 4 of this act.
Sec. 24. Any person who willfully makes a material false statement or uses any other fraudulent device to secure for himself or another person a subsidy to which he is not entitled is guilty of a misdemeanor.
Sec. 25. Any person who is aggrieved by a decision of the administrator denying a request for a subsidy submitted pursuant to section 19 of this act is entitled to judicial review thereof.
Sec. 26. The administrator is responsible for the administration of the provisions of sections 14 to 28, inclusive, of this act and may:
1. Prescribe the content and form of a request for a subsidy required to be submitted pursuant to section 19 of this act.
2. Designate the proof that must be submitted with such a request.
3. Adopt regulations to protect the confidentiality of information supplied by a senior citizen requesting a subsidy pursuant to section 19 of this act.
4. Adopt such other regulations as may be required to carry out the provisions of sections 14 to 28, inclusive, of this act.
Sec. 27. No person may publish, disclose or use any personal or confidential information contained in a request for a subsidy submitted pursuant to section 19 of this act except for purposes relating to the administration of sections 14 to 28, inclusive, of this act.
Sec. 28. The administrator shall, in cooperation with the department of taxation and the various counties in this state:
1. Combine all possible administrative procedures required for determining those persons who are eligible for assistance pursuant to NRS 361.800 to 361.877, inclusive, and sections 14 to 27, inclusive, of this act;
2. Coordinate the collection of information required to carry out those provisions in a manner that requires persons requesting assistance to furnish information in as few reports as possible; and
3. Design forms that may be used jointly by the administrator, the department of taxation and the various counties in this state to carry out the provisions of NRS 361.800 to 361.877, inclusive, and sections 14 to 27, inclusive, of this act.
Sec. 29. 1. There is hereby appropriated from the trust fund for health programs created pursuant to section 4 of this act to the University of Nevada School of Medicine the sum of $5,000,000 for capital improvements required to establish a program in Las Vegas that is designed to provide health care services to persons for whom health care is not readily accessible in this state, including, without limitation, elderly persons, persons who reside in the rural areas of the state, persons who are culturally disadvantaged and persons who are at risk of contracting certain diseases.
2. The state controller shall not transfer any money from the appropriation made by subsection 1 to the University of Nevada School of Medicine until $50,000,000 is distributed to the State of Nevada as a result of settlement agreements in November 1998 with tobacco companies, 50 percent of which is deposited in the trust fund for health programs.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after completion of the capital improvements and reverts to the trust fund for health programs as soon as all payments of money committed have been made.
Sec. 30. 1. There is hereby appropriated from the trust fund for health programs created pursuant to section 4 of this act to the state health officer the sum of $2,000,000 for the establishment and coordination of educational and informational programs designed to prevent and reduce the use of cigarettes and other products made from tobacco that are required by NRS 439.130, as amended by section 12 of this act.
2. The state controller shall not transfer any money from the appropriation made by subsection 1 to the state health officer until $50,000,000 is distributed to the State of Nevada as a result of settlement agreements in November 1998 with tobacco companies, 50 percent of which is deposited in the trust fund for health programs.
Sec. 31. 1. There is hereby appropriated from the trust fund for health programs created pursuant to section 4 of this act to the trust fund for rural health care programs created pursuant to section 7 of this act the sum of $2,500,000.
2. The state controller shall not transfer any money from the appropriation made by subsection 1 to the trust fund for rural health care programs until $50,000,000 is distributed to the State of Nevada as a result of settlement agreements in November 1998 with tobacco companies, 50 percent of which is deposited in the trust fund for health programs.
Sec. 32. 1. There is hereby appropriated from the trust fund for health programs created pursuant to section 4 of this act to the office of rural health of the University of Nevada School of Medicine the sum of $1,000,000 for emergency medical services provided in counties whose populations are less than 100,000, the improvement of technology used for billing by rural hospitals, and the development of systems to provide health care services in counties whose populations are less than 100,000 by the use of telemedicine and other electronic means.
2. The state controller shall not transfer any money from the appropriation made by subsection 1 to the office of rural health until $50,000,000 is distributed to the State of Nevada as a result of settlement agreements in November 1998 with tobacco companies, 50 percent of which is deposited in the trust fund for health programs.
Sec. 33. As soon as practicable after July 1, 1999, the governor shall appoint to the advisory board for the prevention and reduction of the use of cigarettes and other products made from tobacco created pursuant to section 10 of this act:
1. One member who represents a nonprofit organization dedicated to reducing health care problems related to the use of tobacco, one member who represents the general public and one member with expertise in the field of education, whose terms expire on July 1, 2000.
2. One member who represents a nonprofit organization dedicated to reducing health care problems related to the use of tobacco, one member who represents the general public, one member who represents the state board of health and one member who has expertise in the field of health care and the effects of the use of tobacco, whose terms expire on July 1, 2001.
Sec. 34. The amendatory provisions of this act do not apply to offenses that were committed before July 1, 1999.
Sec. 35. This act becomes effective on July 1, 1999.”.
Amend the title of the bill to read as follows:
“AN ACT relating to health care; providing that senior citizens are eligible for Medicaid upon the purchase and maintenance of certain policies of insurance for long-term care; creating the trust fund for health programs and the trust fund for rural health care programs; requiring the state health officer to establish programs designed to prevent and reduce the use of products made from tobacco; providing for subsidies to be granted to senior citizens for insurance that provides coverage for long-term care and prescription drugs and pharmaceutical services; making appropriations; providing penalties; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes to provisions governing health care provided in this state. (BDR 38‑1496)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Senator Rawson moved that Senate Bill No. 370 be re-referred to the Committee on Finance upon return from reprint.
Remarks by Senator Rawson.
Conflict of interest declared by Senator Porter.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.
Senate Bill No. 444.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 695.
Amend section 1, page 2, line 4, after “3.” by inserting: “Except as otherwise provided in this section, a short-term lessor that uses any building in this state as the home office of the short-term lessor or as a regional home office, as defined in subsection 4, is entitled to the following credits against the fee otherwise required by this section to be paid to the state:
(a) An amount equal to 50 percent of the aggregate amount of the fee as determined pursuant to subsection 1; and
(b) An amount equal to the full amount of licensing fees and taxes paid by the short-term lessor during the immediately preceding year pursuant to this chapter.
These credits must not reduce the amount of the fees payable to less than 20 percent of the fees otherwise payable to the state by the short-term lessor pursuant to subsection 2.
4. For the purposes of this section, a “regional home office” means an office of the short-term lessor performing for an area covering two or more states, with a minimum of 25 employees on its office staff, the supervision and servicing of the business of the short-term lessor.
5. The short-term lessor shall on or before March 1 of each year furnish proof to the satisfaction of the executive director of the department of taxation, on forms furnished by or acceptable to the executive director, as to his entitlement to the reduction of the fees required to be remitted to the state pursuant to this section.
6.”.
Amend section 1,
page 2, line 7 by deleting “4.” and inserting “[4.] 7.”.
Amend section 1,
page 2, line 9 by deleting “5.” and inserting “[5.] 8.”.
Amend section 1,
page 2, line 11 by deleting “6.” and inserting “[6.] 9.”.
Amend section 1, page 2, by deleting lines 15 through 19 and inserting:
“[7.] 10. As used in this section, “vehicle licensing fees and taxes” means:
(a) The fees paid by a short-term lessor for the registration of, and the issuance of certificates of title for, the passenger cars leased by him; and
(b) The basic and supplemental privilege taxes paid by the short-term lessor with regard to those passenger cars.”.
Amend the title of the bill, second line, after “vehicles;” by inserting: “providing for a home or regional office credit;”.
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. 491.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 692.
Amend the bill as a whole by deleting sections 1 through 106 and the leadlines of repealed sections and adding new sections designated sections 1 through 164 and the leadlines of repealed sections, following the enacting clause, to read as follows:
“Section 1. Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.
Sec. 2. “Administrator” means the administrator of the taxicab authority for southern Nevada or the taxicab authority for northern Nevada, as appropriate.
Sec. 3. “Certificate holder” means:
1. With regard to an operator of a tow car, a person who holds a current certificate of public convenience and necessity which was issued for the operation of a tow car with respect to towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle by:
(a) The previously existing public service commission of Nevada before July 1, 1981, and which has not been transferred, revoked or suspended by the transportation services authority, or by operation of law; or
(b) The transportation services authority and which has not been transferred, suspended or revoked by the transportation services authority or by operation of law.
2. With regard to a taxicab motor carrier or a limousine motor carrier, a person who holds a current certificate of public convenience and necessity which was issued for the operation of a taxicab motor carrier or a limousine motor carrier subject to the jurisdiction of a taxicab authority by:
(a) The previously existing public service commission of Nevada before July 1, 1981, and which has not been transferred, revoked or suspended by the transportation services authority, the previously existing taxicab authority, the taxicab authority for southern Nevada or the taxicab authority for northern Nevada, or by operation of law;
(b) The previously existing taxicab authority and which has not been transferred, suspended or revoked by the transportation services authority, the previously existing taxicab authority, the taxicab authority for southern Nevada or the taxicab authority for northern Nevada, or by operation of law;
(c) The transportation services authority and which has not been transferred, suspended or revoked by the transportation services authority, the previously existing taxicab authority, the taxicab authority for southern Nevada or the taxicab authority for northern Nevada, or by operation of law; or
(d) The taxicab authority for southern Nevada or the taxicab authority for northern Nevada and which has not been transferred, suspended or revoked by the taxicab authority for southern Nevada or the taxicab authority for northern Nevada, or by operation of law.
Sec. 4. “Driver” means a person who operates a taxicab or limousine that is regulated pursuant to this chapter, and includes a certificate holder if he actually operates the taxicab or limousine.
Sec. 5. “Limousine motor carrier” means a person who operates a livery limousine or traditional limousine.
Sec. 6. “Livery limousine” means a motor vehicle that:
1. At the time of its manufacture, was a light truck, as that term is defined in 49 C.F.R. § 523.5, as that section existed on January 1, 1999;
2. Has a capacity of 9 or more persons but less than 16 persons, including the driver; and
3. Is engaged in the general transportation of persons for compensation and is not operated on a regular schedule or over regular routes.
Sec. 7. “Operator of a tow car” means a person who provides towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle.
Sec. 8. “Taxicab authority” means the taxicab authority for southern Nevada or the taxicab authority for northern Nevada, as determined pursuant to sections 12 and 13 of this act.
Sec. 9. “Taximeter” means an instrument used in a taxicab for indicating the fare charged.
Sec. 10. “Traditional limousine” means a motor vehicle that is engaged in the general transportation of persons for compensation and is not operated on a regular schedule or over regular routes and which:
1. At the time of its manufacture, was a passenger automobile, as that term is defined in 49 C.F.R. § 523.4, as that section existed on January 1, 1999, and which was later modified to increase its length; or
2. Has a capacity of less than 9 persons, including the driver.
Sec. 11. All regulations, practices and service prescribed by the transportation services authority must be enforced and are prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, or until changed or modified by the transportation services authority itself upon satisfactory showing made.
(a) A person who has knowledge and experience in business or accounting;
(b) A person who has training and experience in the law;
(c) A person who has knowledge and experience in the taxicab industry, except that the person may not be currently involved in a taxicab business as an owner or manager;
(d) A person who has knowledge and experience in the limousine industry, except that the person may not be currently involved in a limousine business as an owner or manager; and
(e) A member of the general public.
2. The members of the taxicab authority for southern Nevada are in the unclassified service of the state.
3. The taxicab authority for southern Nevada is the chief regulatory agency for the business of transporting passengers by taxicab motor carrier or limousine motor carrier in a county whose population is 400,000 or more, and in such other counties which elect pursuant to section 20 of this act to be subject to the jurisdiction of the taxicab authority for southern Nevada. The taxicab authority for southern Nevada shall maintain its principal office in a county whose population is 400,000 or more.
4. The taxicab authority for southern Nevada may adopt appropriate regulations applicable in the counties subject to its jurisdiction for the administration and enforcement of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act, and for the conduct of the taxicab and limousine business and the qualifications of and the issuance of permits to drivers of taxicabs and of limousines, not inconsistent with the provisions of NRS 706.881 to 706.885, inclusive and sections 12 to 21, inclusive, of this act. The regulations may include different provisions for different counties to allow for differences among the counties subject to the jurisdiction of the taxicab authority for southern Nevada. Local law enforcement agencies and the Nevada highway patrol, upon request of the taxicab authority for southern Nevada, may assist in enforcing the provisions of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act, and the regulations adopted pursuant thereto by the taxicab authority for southern Nevada.
Sec. 13. 1. A taxicab authority for northern Nevada, consisting of three members appointed by the governor, is hereby created. No member may serve for more than 4 years. The members of the taxicab authority for northern Nevada must include:
(a) The sheriff of a county whose population is 100,000 or more but less than 400,000;
(b) A person who has knowledge and experience in the transportation industry; and
(c) A person who has knowledge and experience in business or accounting.
2. Each member of the taxicab authority for northern Nevada who is not a public employee is entitled to receive a salary of not more than $80, as fixed by the taxicab authority for northern Nevada, for each day actually employed on work of the taxicab authority for northern Nevada.
3. While engaged in the business of the taxicab authority for northern Nevada, each member of the taxicab authority for northern Nevada is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
4. The taxicab authority for northern Nevada is the chief regulatory agency for the business of transporting passengers by taxicab motor carrier or limousine motor carrier in a county whose population is 100,000 or more but less than 400,000 and in such other counties which elect pursuant to section 20 of this act to be subject to the jurisdiction of the taxicab authority for northern Nevada. The taxicab authority for northern Nevada shall maintain its principal office in a county whose population is 100,000 or more but less than 400,000.
5. The taxicab authority for northern Nevada may adopt appropriate regulations applicable in the counties subject to its jurisdiction for the administration and enforcement of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act, and for the conduct of the taxicab business and the qualifications of and the issuance of permits to drivers of taxicabs and of limousines, not inconsistent with the provisions of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act. The regulations may include different provisions for different counties to allow for differences among the counties subject to the jurisdiction of the taxicab authority for northern Nevada. Local law enforcement agencies and the Nevada highway patrol, upon request of the taxicab authority for northern Nevada, may assist in enforcing the provisions of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act, and the regulations adopted pursuant thereto by the taxicab authority for northern Nevada.
Sec. 14. Except to the extent of any inconsistency with the provisions of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act, every order issued by the transportation services authority or the previously existing taxicab authority remains in effect until the order is modified or rescinded by a taxicab authority. The taxicab authority for southern Nevada or the taxicab authority for northern Nevada, as appropriate, shall enforce such an order until the order is modified or rescinded.
Sec. 15. 1. If a taxicab authority has established a system of allocations for taxicabs and limousines in a county subject to its jurisdiction, the taxicab authority shall, on or before April 1 of each year, increase the number of allocated taxicabs and limousines in that county by a percentage which is equal to the average of:
(a) The percentage of increase, if any, in the number of passengers who traveled into an airport located in that county during the preceding calendar year, as reported by the board of county commissioners of the county in which the airport is located; and
(b) The percentage of increase, if any, in the population of that county during the preceding calendar year, as determined from the certifications made pursuant to NRS 360.285.
2. Except as otherwise provided in this subsection, on or before February 15, each board of county commissioners in this state shall prepare and cause to be published an annual report setting forth the number of passengers who arrived by commercial airline at an airport located in the county during each month in the preceding calendar year. A board of county commissioners does not have to submit a report pursuant to this subsection if no commercial airline operates at any airport located within the county.
Sec. 15.5. 1. An owner, a manager or an employee of, or any holder of a business license for, a business shall not offer remuneration of cash or services, to any driver of a taxicab, limousine or bus that is designed to carry not more than 19 persons, including the driver, for the diversion of patronage to the business.
2. A person who violates the provisions of subsection 1:
(a) For a first violation, is guilty of a misdemeanor and shall be punished by a fine of not less than $500 and not more than $1,000.
(b) For a second violation, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $1,000 and not more than $5,000.
(c) For a third or subsequent violation, is guilty of a gross misdemeanor and shall be punished by:
(1) A fine of not less than $5,000 and not more than $10,000; and
(2) Forfeiture, for not more than 6 months, of any business license issued to the business for which the diversion of patronage was to be made, except that if the person who violated the provisions of this section is only an employee of the business, the business licenses of the business are not subject to forfeiture pursuant to this subparagraph unless the owner, manager or holder of the business license knew or reasonably should have known that the employee was acting in violation of the provisions of this section.
3. As used in this section, “diversion” means the willful redirection of a customer to an alternative business, contrary to the request of the customer.
Sec. 16. Except as otherwise provided in subsection 6 of NRS 706.8827:
1. Not later than 45 days after the date on which a taxicab authority receives an application for a certificate of public convenience and necessity for the operation of a limousine, the taxicab authority shall hold a prehearing conference with the applicant.
2. The taxicab authority may authorize discovery on the application, beginning on the first day after the day on which the prehearing conference is held. The period for discovery may not exceed 90 days.
3. If a period for discovery is authorized pursuant to subsection 2, the taxicab authority shall provide a period for response, beginning on the first day after the date on which the period for discovery expires. The period for response may not exceed 30 days.
4. The taxicab authority shall hold a hearing on the application not later than 120 days after the date on which the prehearing conference is held.
Sec. 17. An applicant for a driver’s permit pursuant to NRS 706.8841 must include his social security number with his application for the initial issuance or renewal of a driver’s permit. The taxicab authority to which the application for a driver’s permit is submitted shall keep the social security number of each applicant and licensee in the record for the applicant or permittee, as appropriate.
Sec. 18. 1. A person who applies to a taxicab authority for the issuance or renewal of a driver’s permit pursuant to NRS 706.8841 shall submit to the taxicab authority 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. Each taxicab authority shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the permit; or
(b) A separate form prescribed by the taxicab authority.
3. A driver’s permit may not be issued or renewed by a taxicab authority if the applicant:
(a) Fails to submit the statement required by 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 a person’s driver’s permit has been suspended or revoked pursuant to this chapter, the taxicab authority may not reinstate the permit if the person:
(a) Fails to submit the statement required by 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.
5. If the 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 taxicab authority shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
6. The taxicab authority shall keep each statement submitted by an applicant pursuant to subsection 1 in the record of the applicant.
Sec. 19. 1. If a taxicab authority receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a driver’s permit issued by that taxicab authority, the taxicab authority shall deem the driver’s permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the taxicab authority receives a letter issued to the holder of the permit by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. A taxicab authority shall reinstate a driver’s permit that has been suspended by a district court pursuant to NRS 425.540 if the taxicab authority receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose permit was suspended stating that the person whose permit was suspended has complied with the subpoena or warrant, or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 20. 1. The board of county commissioners of each county which is not otherwise subject to the jurisdiction of a taxicab authority pursuant to sections 12 and 13 of this act, shall, by ordinance, elect to:
(a) Include the county in the jurisdiction of the taxicab authority for southern Nevada;
(b) Include the county in the jurisdiction of the taxicab authority for northern Nevada; or
(c) Exclude the county from the jurisdiction of both the taxicab authority for southern Nevada and the taxicab authority for northern Nevada.
2. Upon enacting such an ordinance, the board of county commissioners shall notify each taxicab authority specified in the ordinance, the previous taxicab authority to whose jurisdiction the county was subject, if any, and the department of the ordinance.
Sec. 21. 1. If a board of county commissioners enacts an ordinance approving the exclusion of the county from the jurisdiction of a taxicab authority pursuant to section 20 of this act, the board of county commissioners may enact such other ordinances as it may deem necessary to regulate the conduct of the business of taxicab motor carriers and limousine motor carriers that are based and primarily operate within that county. If enacted, such ordinances must be consistent with the legislative policies set forth in NRS 706.151.
2. If a board of county commissioners enacts an ordinance approving the inclusion of the county in the jurisdiction of the taxicab authority for southern Nevada or the taxicab authority for northern Nevada, the board of county commissioners shall not amend or repeal the ordinance, or enact any other ordinance pursuant to section 20 of this act, for at least 2 years after the date on which the ordinance approving the inclusion of the county in the jurisdiction of a taxicab authority becomes effective.
3. A person who is regulated by a county in accordance with this section shall pay to the county $100 per year for each taxicab and $500 per year for each limousine that the person operates and a fee set by the board of county commissioners by ordinance that must not exceed 20 cents per trip for each compensable trip of each of those taxicabs, which may be added to the meter charge.
4. Except as otherwise provided in this subsection, all money collected by the board of county commissioners relating to the regulation of taxicab motor carriers and limousine motor carriers pursuant to this section must be deposited with the county treasurer of that county and accounted for separately in the county general fund. All money collected by a county for a fine or other monetary penalty must be deposited with the state treasurer for deposit in the state general fund.
5. No ordinance enacted by a board of county commissioners pursuant to:
(a) Section 20 of this act to exclude the county from the jurisdiction of a taxicab authority; or
(b) Subsection 1 to regulate the conduct of the business of taxicab motor carriers and limousine motor carriers that are based and primarily operate within that county,
may be construed as motor vehicle registration law and any license fees that may be imposed by a board of county commissioners pursuant thereto are in addition to the fees for motor vehicle registration required under the laws of this state.
Sec. 22. NRS 706.011 is hereby amended to read as follows:
Sec. 23. NRS 706.013 is hereby amended to read as follows:
Sec. 24. NRS 706.036 is hereby amended to read as follows:
706.036 “Common motor carrier” means any person or operator who holds himself out to the public as willing to transport by vehicle from place to place, either upon fixed route or on-call operations, passengers or property, including a common motor carrier of passengers[,] and a common motor carrier of property. [, and] The term does not include a taxicab motor carrier[.] , a limousine motor carrier or an operator of a tow car.
Sec. 25. NRS 706.041 is hereby amended to read as follows:
706.041 “Common motor carrier of passengers” means any person or operator[, including a taxicab motor carrier,] who holds himself out to the public as willing to transport by vehicle from place to place, either upon fixed route or on-call operations, passengers or passengers and light express for all who may choose to employ him. The term does not include a taxicab motor carrier or limousine motor carrier.
Sec. 26. NRS 706.046 is hereby amended to read as follows:
706.046 “Common motor carrier of property” means any person or operator, including a motor convoy carrier, who holds himself out to the public as willing to transport by motor vehicle from place to place, either upon fixed route or on-call operations, the property of all who may choose to employ him. The term does not include an operator of a tow car.
Sec. 27. NRS 706.051 is hereby amended to read as follows:
1. For the furnishing of transportation services through the assignment of motor vehicles for a continuing period [of time] to the exclusive use of each person served;
2. For the furnishing of transportation services designed to meet the distinct need of each individual customer; and
3. Not operating as a common motor carrier of passengers or property[.] , or as a taxicab motor carrier or limousine motor carrier.
Sec. 28. NRS 706.085 is hereby amended to read as follows:
Sec. 29. NRS 706.124 is hereby amended to read as follows:
[1.] (a) Fitted with a taximeter or has some other device, method or system to indicate and determine the passenger fare charged for the distance traveled;
[2.] (b) Used in the transportation of passengers or light express, or both, for which a charge or fee is received; or
[3.] (c) Operated in any service which is held out to the public as being available for the transportation of passengers from place to place in the State of Nevada.
2. The term does not include a motor vehicle of:
(a) A common motor carrier;
(b) A contract motor carrier;
(c) An employer who operates the vehicle for the transportation of his employees, whether or not the employees pay for the transportation;
(d) An operator of a bus service; or
(e) A limousine motor carrier.
Sec. 30. NRS 706.151 is hereby amended to read as follows:
(a) [Except to the extent otherwise provided in NRS 706.881 to 706.885, inclusive, to] To confer upon the transportation services authority the power and to make it the duty of the transportation services authority to regulate [fully regulated carriers,] operators of tow cars [and brokers of regulated services] to the extent provided in this chapter, and to confer upon the department the power to license all motor carriers subject to the provisions of this chapter and to make it the duty of the department to enforce the provisions of this chapter and the regulations adopted by the transportation services authority pursuant [to it,] thereto, to relieve the undue burdens on the highways arising by reason of the use of the highways by vehicles in a gainful occupation thereon.
(b) To provide for reasonable compensation for the use of the highways in gainful occupations, and enable the State of Nevada, by using license fees, to provide for the proper construction, maintenance and repair thereof, and thereby protect the safety and welfare of the traveling and shipping public in their use of the highways.
(c) To provide for fair and impartial regulation, to promote safe, adequate, economical and efficient service and to foster sound economic conditions in motor transportation.
(d) To encourage the establishment and maintenance of reasonable charges for[:
(1) Intrastate transportation by fully regulated carriers; and
(2) Towing] towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle,without unjust discriminations against or undue preferences or advantages being given to any [motor carrier] operator of a tow car or applicant for a certificate of public convenience and necessity.
(e) To discourage any practices which would tend to increase or create competition that may be detrimental to the [traveling and shipping public or the motor carrier] business of towing vehicles without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle within this state.
2. All [of] the provisions of this chapter must be administered and enforced with a view to carrying out the declaration of policy contained in this section.
Sec. 31. NRS 706.1511 is hereby amended to read as follows:
706.1511 1. The transportation services authority is hereby created.
2. The chief of the transportation services authority [consists of three members appointed by the governor. After the initial term each member shall serve] is the commissioner of the transportation services authority. The governor shall appoint the commissioner for a term of 4 years.
3. The [governor shall appoint to the authority members who] person appointed as the commissioner must have at least 2 years of experience in one or more of the following fields:
(a) Accounting.
(b) Business administration.
(c) Economics.
(d) Administrative law.
(e) Transportation.
(f) Professional engineering.
[At least one but not more than two of the members appointed must be residents of Clark County.
4. Not more than two of the members may be:
(a) Members of the same political party.
(b) From the same field of experience.
5. All of the members]
4. The commissioner must be [persons who are] a person who is independent of the industries regulated by the transportation services authority. No elected officer of this state or any political subdivision is eligible for appointment.
[6. The members of the authority]
5. The commissioner shall give [their] his entire time to the business of the transportation services authority and shall not pursue any other business or vocation or hold any other office of profit.
[7. Each member of the authority]
6. The commissioner serves at the pleasure of the governor.
Sec. 32. NRS 706.1513 is hereby amended to read as follows:
Sec. 33. NRS 706.1515 is hereby amended to read as follows:
2. The [assessments] actual amount of the assessment provided for by this section must be determined by the transportation services authority upon the completion of each such investigation, inspection, audit or appearance. [and are] If the actual amount of the assessment is less than the estimated amount of the assessment, the transportation services authority shall refund the difference to the affected operator, as appropriate. If the actual amount of the assessment is greater than the estimated amount of the assessment paid by the affected operator, the transportation services authority shall assess the affected operator an amount that is equal to the difference between the estimated and actual assessment. The final assessment is due within 30 days after receipt by the affected [common or contract carrier] operator of the notice of the assessment.
3. The records of the transportation services authority relating to the additional costs incurred by reason of the necessary additional travel must be open for inspection by the affected [common or contract carrier] operator at any time within the 30-day period.
Sec. 34. NRS 706.1516 is hereby amended to read as follows:
2. Money in the fund may be used only to defray the costs of:
(a) Maintaining staff and equipment needed to regulate adequately persons subject to the jurisdiction of the transportation services authority.
(b) Participating in all proceedings relevant to the jurisdiction of the transportation services authority.
(c) Audits, inspections, investigations, publication of notices, reports and retaining consultants connected with that maintenance and participation.
(d) The salaries, travel expenses and subsistence allowances of the [members] commissioner and staff of the transportation services authority.
3. All claims against the fund must be paid as other claims against the state are paid.
4. The transportation services authority must furnish upon request a statement showing the balance remaining in the fund as of the close of the preceding fiscal year.
5. Money collected by the transportation services authority from a fine or penalty must be deposited into the state highway fund.
Sec. 35. NRS 706.1517 is hereby amended to read as follows:
Sec. 36. NRS 706.1518 is hereby amended to read as follows:
Sec. 37. NRS 706.156 is hereby amended to read as follows:
[(a)] 1. Affected with a public interest; and
[(b)] 2. Subject to NRS [706.011] 706.151 to 706.791, inclusive[.
2. A purchaser or broker of transportation services which are provided by a common motor carrier who holds a certificate of public convenience and necessity may resell those services, in combination with other services and facilities that are not related to transportation, but only in a manner complying with the scope of authority set forth in the certificate of the common motor carrier. The authority shall not prohibit or restrict such a purchaser or broker from reselling those transportation services to any person based upon that person’s affiliation, or lack of affiliation, with any group.] , and section 11 of this act.
Sec. 38. NRS 706.166 is hereby amended to read as follows:
706.166 The transportation services authority shall:
1. [Subject to the limitation provided in NRS 706.168 and to] To the extent provided in this chapter, supervise and regulate[:
(a) Every fully regulated carrier and broker of regulated services in this state in all matters directly related to those activities of the motor carrier and broker actually necessary for the transportation of persons or property, including the handling and storage of that property, over and along the highways.
(b) Every] every operator of a tow car concerning the rates and charges assessed for towing services performed without the prior consent of the operator of the vehicle or the person authorized by the owner to operate the vehicle and pursuant to the provisions of NRS [706.011] 706.151 to 706.791, inclusive[.] , and section 11 of this act.
2. [Supervise and regulate the storage of household goods and effects in warehouses and the operation and maintenance of such warehouses in accordance with the provisions of this chapter and chapter 712 of NRS.
3.] Enforce the standards of safety applicable to the employees, equipment, facilities and operations of [those common and contract carriers subject to the authority or the department] operators of tow cars by:
(a) Providing training in safety;
(b) Reviewing and observing the programs or inspections of [the carrier] operators of tow cars relating to safety; and
(c) Conducting inspections relating to safety. [at the operating terminals of the carrier.
4.] 3. To carry out the policies expressed in NRS 706.151, adopt regulations providing for agreements between two or more [fully regulated carriers or two or more] operators of tow cars relating to:
(a) [Fares of fully regulated carriers;
(b)] All rates of [fully regulated carriers and rates of] operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle;
[(c) Classifications;
(d) Divisions;
(e) Allowances; and
(f) All charges of fully regulated carriers] and
(b) All charges of operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle. [, including charges between carriers and compensation paid or received for the use of facilities and equipment.]
These regulations may not provide for collective agreements which restrain any party from taking free and independent action.
[5.] 4. Review decisions of [the] a taxicab authority appealed to the transportation services authority pursuant to NRS 706.8819.
Sec. 39. NRS 706.167 is hereby amended to read as follows:
(a) Keep uniform and detailed accounts of all business transacted in the manner required by the transportation services authority by regulation and render them to the transportation services authority upon its request.
(b) Furnish an annual report to the transportation services authority in the form and detail that it prescribes by regulation.
The regulations of the transportation services authority may not require an operator of a tow car to keep accounts and report information concerning towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle other than information that is necessary to permit the transportation services authority to enforce the provisions of NRS [706.011] 706.151 to 706.791, inclusive[.
2. Except as otherwise provided in subsection 3, the] , and section 11 of this act.
2. The reports required by this section must be prepared for each calendar year and submitted not later than May 15 of the year following the year for which the report is submitted.
3. [A carrier may, with the permission of the authority, prepare the reports required by this section for a year other than a calendar year that the authority specifies and submit them not later than a date specified by the authority in each year.
4.] If the transportation services authority finds that necessary information is not contained in a report submitted pursuant to this section, it may call for the omitted information at any time.
Sec. 40. NRS 706.1675 is hereby amended to read as follows:
Sec. 41. NRS 706.169 is hereby amended to read as follows:
706.169 The department shall[:
1. Regulate the activities of common and contract carriers of property other than fully regulated carriers and operators of tow cars.
2. Regulate] regulate the licensing of private motor carriers of property used for private commercial enterprises on any highway in this state.
Sec. 42. NRS 706.171 is hereby amended to read as follows:
706.171 1. The [authority and the] department may:
(a) Make necessary and reasonable regulations governing the administration and enforcement of the provisions of this chapter for which [they are each] the department is responsible.
(b) Adopt by reference any appropriate rule or regulation, as it exists at the time of adoption, issued by the United States Department of Transportation, the Surface Transportation Board, any other agency of the Federal Government, or the National Association of Regulatory Utility Commissioners.
(c) Require such reports and the maintenance of such records as [they determine] the department determines to be necessary for the administration and enforcement of this chapter.
(d) Except as otherwise provided in this section, examine, at any time during the business hours of the day, the books, papers and records of any [fully regulated carrier, and of any other] common, contract or private motor carrier , taxicab motor carrier, limousine motor carrier or operator of a tow car doing business in this state to the extent necessary for [their respective duties. The authority and] the department to carry out the provisions of this chapter. The department may examine in other states or require by subpoena the production inside this state of such books, papers and records as are not maintained in this state.
(e) Temporarily waive any requirement for a [certificate or permit] license when an emergency exists as defined in NRS 706.561.
2. No personnel records of an employee of a [fully regulated carrier, or of any other] common, contract or private motor carrier, taxicab motor carrier, limousine motor carrier or operator of a tow car may be examined pursuant to paragraph (d) of subsection 1 unless the records contain information relating to a matter of public safety or [the authority and] the department [determine] determines that the examination is required to protect the interests of the public.
3. The department may adopt regulations to ensure the payment of any fee due or authorized pursuant to the provisions of this chapter.
4. As used in this section, “personnel records” does not include:
(a) The name of the employee who is the subject of the record;
(b) The gross compensation and perquisites of the employee;
(c) Any record of the business expenses of the employee;
(d) The title or any description of the position held by the employee;
(e) The qualifications required for the position held by the employee;
(f) The business address of the employee;
(g) The telephone number of the employee at his place of business;
(h) The work schedule of the employee;
(i) The date on which the employee began his employment; and
(j) If applicable, the date on which the employment of the employee was terminated.
Sec. 43. NRS 706.1715 is hereby amended to read as follows:
706.1715 1. The attorney general shall:
(a) Act as counsel and attorney for the transportation services authority in all actions, proceedings and hearings.
(b) Prosecute in the name of the transportation services authority all civil actions for the enforcement of this chapter and for the recovery of any penalty or forfeiture provided for therein.
(c) Generally aid the transportation services authority in the performance of its duties and the enforcement of this chapter.
2. The attorney general or any district attorney may prosecute any violation of this chapter [or chapter 712 of NRS] for which a criminal penalty is provided.
Sec. 44. NRS 706.1717 is hereby amended to read as follows:
706.1717 The transportation services authority may, in carrying out its duties:
1. Cooperate with the Federal Government and its departments and agencies.
2. Confer with the regulatory agencies of other states on matters of mutual concern and benefit to persons served by operators of tow cars, taxicab motor carriers and limousine motor carriers of this state.
3. Use the services, records, facilities and cooperation of federal and state regulatory agencies, and hold joint hearings and participate in joint conferences to reach decisions in matters that require cooperation. All necessary expenses incurred in attending hearings and conferences outside this state are a charge against the state and must be audited and paid as other claims against the state are paid.
Sec. 45. NRS 706.172 is hereby amended to read as follows:
706.172 1. The transportation services authority may:
(a) Make necessary and reasonable regulations governing the administration and enforcement of the provisions of this chapter for which the transportation services authority is responsible.
(b) Require such reports and the maintenance of such records as the transportation services authority determines to be necessary for the administration and enforcement of this chapter.
(c) Temporarily waive any requirement for a certificate when an emergency exists as defined in NRS 706.561.
2. Except as otherwise provided in subsection [2, any, member of] 3, the commissioner of the transportation services authority, or any officer or employee of the transportation services authority who is designated by the commissioner of the transportation services authority may examine during the regular business hours the books, accounts, records, minutes, papers and property of any person who is regulated by the transportation services authority. [and who does business in this state, whether or not the book, account, record, minutes, paper or property is located within this state.
2.] The transportation services authority may examine in other states or require by subpoena the production inside this state of any such books, accounts, records, minutes, papers and property that are not maintained in this state.
3. No personnel records of an employee may be examined pursuant to subsection [1] 2 unless the records contain information relating to a matter of public safety or the transportation services authority determines that the examination is required to protect the interests of the public.
[3.] 4. As used in this section, “personnel records” does not include:
(a) The name of the employee who is the subject of the record;
(b) The gross compensation and perquisites of the employee;
(c) Any record of the business expenses of the employee;
(d) The title or any description of the position held by the employee;
(e) The qualifications required for the position held by the employee;
(f) The business address of the employee;
(g) The telephone number of the employee at his place of business;
(h) The work schedule of the employee;
(i) The date on which the employee began his employment; and
(j) If applicable, the date on which the employment of the employee was terminated.
Sec. 46. NRS 706.1725 is hereby amended to read as follows:
2. The transportation services authority shall take such actions as are necessary to protect the confidentiality of such information, including, without limitation:
(a) Granting such protective orders as it deems necessary; and
(b) Holding closed hearings to receive or examine such information.
3. If the transportation services authority closes a hearing to receive or examine such information, it shall:
(a) Restrict access to the records and transcripts of such hearings without the prior approval of the transportation services authority or an order of a court of competent jurisdiction authorizing access to the records or transcripts; and
(b) Prohibit any participant at such a hearing from disclosing such information without the prior authorization of the transportation services authority.
4. The transportation services authority shall consider in an open meeting whether the information reviewed or examined in a closed hearing may be disclosed without revealing the confidential subject matter of the information. To the extent the transportation services authority determines the information may be disclosed, the information must become a part of the records available to the public. Information that the transportation services authority determines may not be disclosed must be kept under seal.
Sec. 47. NRS 706.173 is hereby amended to read as follows:
2. The department may, by regulation applicable to common, contract and private motor carriers of passengers or property, taxicab motor carriers, limousine motor carriers and operators of tow cars, adopt standards for safety for drivers and vehicles.
3. The department may, by regulation applicable to all motor vehicles transporting hazardous materials, adopt standards for the transportation of hazardous materials and hazardous waste as defined in NRS 459.430.
Sec. 48. NRS 706.176 is hereby amended to read as follows:
706.176 The commissioner of the transportation services authority may:
1. Appoint a deputy who serves in the unclassified service of the state.
2. Employ such other personnel as may be necessary.
Sec. 49. NRS 706.197 is hereby amended to read as follows:
2. Filing fees may not exceed:
(a) For applications, $200.
(b) For petitions seeking affirmative relief, $200.
(c) For each tariff page that requires public notice and is not attached to an application, $10. If more than one page is filed at one time, the total fee may not exceed the cost of notice and publication.
(d) For all other documents that require public notice, $10.
(e) For an amended application, the cost of publication.
3. If an application or other document is rejected by the transportation services authority because it is inadequate or inappropriate, the filing fee must be returned.
4. The transportation services authority may not charge any fee for filing a complaint.
Sec. 50. NRS 706.201 is hereby amended to read as follows:
Sec. 51. NRS 706.226 is hereby amended to read as follows:
Sec. 51.5. NRS 706.231 is hereby amended to read as follows:
Sec. 52. NRS 706.246 is hereby amended to read as follows:
706.246 1. Except as otherwise provided in NRS 706.235:
[1.] (a) A common or contract motor carrier , taxicab motor carrier, limousine motor carrier or operator of a tow car shall not permit or require a driver to drive or tow any vehicle revealed by inspection or operation to be in such condition that its operation would be hazardous or likely to result in a breakdown of the vehicle, and a driver shall not drive or tow any vehicle which by reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause an accident or a breakdown of the vehicle. If, while any vehicle is being operated on a highway, it is discovered to be in such an unsafe condition, it may be continued in operation, except as further limited by [subsection 2,] paragraph (b) or (c), only to the nearest place where repairs can safely be effected, and even that operation may be conducted only if it is less hazardous to the public than permitting the vehicle to remain on the highway.
[2. A common or contract motor carrier or private motor carrier]
(b) An operator of a tow car shall not permit or require a driver to drive or tow, and a driver shall not drive or tow, any vehicle which:
[(a)] (1) By reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause an accident or a breakdown; and
[(b)] (2) Has been declared “out of service” by an authorized employee of the transportation services authority. [or the department.]
When the repairs have been made, the [carrier] operator shall so certify to the transportation services authority [or the department, whichever agency declared the vehicle “out of service,”] as required by the transportation services authority. [or the department.]
(c) A common or contract motor carrier, private motor carrier, taxicab motor carrier, limousine motor carrier or operator of a tow car shall not permit or require a driver to drive, and a driver shall not drive, any vehicle which:
(1) By reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause an accident or a breakdown; and
(2) Has been declared “out of service” by an authorized employee of the department.
When the repairs have been made, the carrier or operator, as appropriate, shall so certify to the department, as required by the department.
2. The transportation services authority may adopt such regulations as are necessary to carry out a program for inspecting vehicles pursuant to this section.
Sec. 53. NRS 706.251 is hereby amended to read as follows:
2. All accident reports required in this section must be filed in the office of the transportation services authority and there preserved. An accident report made as required by this chapter, or any report of the transportation services authority made pursuant to any accident investigation made by it, is not open to public inspection and must not be disclosed to any person, except upon order of the transportation services authority. The reports must not be admitted as evidence or used for any purpose in any action for damages growing out of any matter mentioned in the accident report or report of any such investigation.
Sec. 54. NRS 706.256 is hereby amended to read as follows:
1. Determine and order repairs of facilities of [common and contract motor carriers;] operators of tow cars; and
2. Order the use of safety appliances by such carriers in the interest of the public and employees.
Sec. 55. NRS 706.281 is hereby amended to read as follows:
706.281 [1.] In addition to any identifying device provided for in this chapter, each motor vehicle [within the provisions of NRS 706.011 to 706.791, inclusive,] under the jurisdiction of the transportation services authority must have the name of the person or operator operating the vehicle prominently and conspicuously displayed on both sides of the vehicle in such location, size and style as may be specified by the transportation services authority. The display shall not be deemed to be advertising for the purposes of NRS 706.285 unless additional information about the operator is included.
[2. This section does not apply to motor vehicles:
(a) Weighing 10,000 pounds or less operated by private carriers and not operated in combination with any other vehicle.
(b) Operated by an employer for the transportation of his employees, whether or not the employees pay for the transportation.]
Sec. 56. NRS 706.285 is hereby amended to read as follows:
1. A fully regulated carrier of intrastate commerce; and
2. An] an operator of a tow car,must include the number of the certificate of public convenience and necessity [or contract carrier’s permit] issued to him by the transportation services authority.
Sec. 57. NRS 706.2855 is hereby amended to read as follows:
(a) Engage in advertising that violates the provisions of NRS 706.285; or
(b) Use any telephone number mentioned in such advertising for any purpose.
2. If the court finds that the respondent has engaged in advertising that is unlawful pursuant to NRS 706.285, the court shall:
(a) Enjoin him from continuing the advertising.
(b) Enjoin him from using the telephone number mentioned in the advertising for any purpose.
(c) Issue an order that requires the telephone number mentioned in the advertising to be disconnected.
(d) Forward a copy of the order to the appropriate provider of telephone service within 5 days after issuing the order.
(e) If the transportation services authority has revoked the certificate of public convenience and necessity of the respondent, cancel the local business licenses and permits relating to the operation of the respondent that is subject to the jurisdiction of the transportation services authority that have been issued to the respondent.
3. As used in this section, “provider of telephone service” includes, but is not limited to:
(a) A public utility furnishing telephone service.
(b) A provider of cellular or other service to a telephone that is installed in a vehicle or is otherwise portable.
Sec. 58. NRS 706.286 is hereby amended to read as follows:
(a) Any of the rates, tolls, charges or schedules, or any joint rate or rates assessed by any [fully regulated carrier or by any] operator of a tow car for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle are in any respect unreasonable or unjustly discriminatory;
(b) Any of the provisions of NRS 706.445 to 706.453, inclusive, have been violated;
(c) Any regulation, measurement, practice or act directly relating to the transportation of persons or property, including the handling and storage of that property, is, in any respect, unreasonable, insufficient or unjustly discriminatory; or
(d) Any service is inadequate,
the transportation services authority shall investigate the complaint. After receiving the complaint, the transportation services authority shall give a copy of [it] the complaint to the [carrier or] operator of a tow car against [whom] which the complaint [is] was made. Within a reasonable time thereafter, the [carrier or] operator of a tow car shall provide the transportation services authority with [its] his written response to the complaint according to the regulations of the transportation services authority.
2. If the transportation services authority determines that probable cause exists for the complaint, it shall order a hearing thereof, give notice of the hearing and conduct the hearing as it would any other hearing. If the complaint has been filed against an operator of a tow car by another operator of a tow car and the transportation services authority does not find probable cause for the complaint, the transportation services authority may recover from the complainant the cost of court reporting and investigation, and other necessary expenses incurred by the transportation services authority.
3. No order affecting a rate, toll, charge, schedule, regulation, measurement, practice or act complained of may be entered without a formal hearing unless the hearing is dispensed with as provided in NRS 706.2865.
Sec. 59. NRS 706.2865 is hereby amended to read as follows:
(a) The manner of giving notice; and
(b) Where not specified by law, the persons entitled to notice in each type of proceeding.
2. Unless, within 10 days after the date of the notice of pendency, a person entitled to notice of the hearing files with the transportation services authority a request that the hearing be held, the transportation services authority may dispense with a hearing and act upon the matter pending.
3. If a request for a hearing is filed, the transportation services authority shall give at least 10 days’ notice of the hearing.
4. If an operator of a tow car files an application for a certificate of public convenience and necessity or an application to transfer a certificate of public convenience and necessity with the authority, the authority shall give notice pursuant to the provisions of subsection 1.
Sec. 60. NRS 706.2873 is hereby amended to read as follows:
2. Whenever any petition is served upon the transportation services authority, before the action is reached for trial, the transportation services authority shall file a certified copy of all proceedings and testimony taken with the clerk of the court in which the action is pending.
3. A copy of the proceedings and testimony must be furnished to any party, on payment of a reasonable amount, to be fixed by the transportation services authority, and the amount must be the same for all parties.
4. The provisions of this section do not prohibit the transportation services authority from restricting access to the records and transcripts of a hearing pursuant to subsection 2 of NRS 706.1725.
Sec. 61. NRS 706.2875 is hereby amended to read as follows:
2. Witnesses appearing upon the order of the transportation services authority are entitled to the same fees and mileage as witnesses in civil actions in the courts of this state. [, and the fees and mileage must be paid out of the state treasury in the same manner as other claims against the state are paid.] No fees or mileage may be allowed for a witness appearing pursuant to an order of the transportation services authority unless the [chairman] commissioner of the transportation services authority certifies the correctness of the claim.
Sec. 62. NRS 706.288 is hereby amended to read as follows:
Sec. 62.5. NRS 706.2883 is hereby amended to read as follows:
Sec. 63. NRS 706.2885 is hereby amended to read as follows:
2. The transportation services authority may at any time, for good cause shown, after investigation and hearing and upon 5 days’ written notice to the grantee, suspend any certificate[, permit or license] issued in accordance with the provisions of NRS [706.011] 706.151 to 706.791, inclusive, and section 11 of this act, for a period not to exceed 60 days.
3. Upon receipt of a written complaint or on its own motion, the transportation services authority may, after investigation and hearing, revoke any certificate. [, permit or license.] If service of the notice required by subsection 2 cannot be made or if the grantee relinquishes his interest in the certificate[, permit or license] by so notifying the transportation services authority in writing, the transportation services authority may revoke the certificate[, permit or license] without a hearing.
4. The proceedings thereafter are governed by the provisions of chapter 233B of NRS.
Sec. 64. NRS 706.291 is hereby amended to read as follows:
2. The] department shall require every [other] common and contract motor carrier, [and every] private motor carrier, limousine motor carrier or operator of a tow car within such time and in such amounts as the department may designate, to file with the department in a form required and approved by the department a liability insurance policy, or a certificate of insurance in lieu thereof, a bond of a surety company, or other surety, in such reasonable sum as the department may deem necessary to protect adequately the interests of the public. In determining the amount of liability insurance or other surety required of a carrier or operator pursuant to this subsection, the department shall create a separate category for vehicles with a manufacturer’s gross vehicle weight rating of less than 26,000 pounds and impose a lesser requirement with respect to such vehicles.
[3.] 2. The liability insurance policy or certificate, policy or bond of a surety company or other surety must bind the obligors thereunder to pay the compensation for injuries to persons or for loss or damage to property resulting from the negligent operation of the carrier[.
4. The authority and the] or operator.
3. The department may [jointly] prescribe by regulation the [respective] amounts and forms required by [subsections 1 and 2.] subsection 1.
Sec. 65. NRS 706.296 is hereby amended to read as follows:
Sec. 66. NRS 706.303 is hereby amended to read as follows:
1. Must not exceed a total of:
(a) For bodily injury to or the death of one person in any one accident, $250,000;
(b) Subject to the limitations of paragraph (a), for bodily injury to or death of two or more persons in any one accident, $500,000; and
(c) For injury to or destruction of property in any one accident, $50,000; or
2. Must not exceed a combined single-limit for bodily injury to one or more persons and for injury to or destruction of property in any one accident, $500,000.
Sec. 67. NRS 706.305 is hereby amended to read as follows:
1. Must not exceed a total of:
(a) For bodily injury to or the death of one person in any one accident, $250,000;
(b) Subject to the limitations of paragraph (a), for bodily injury to or death of two or more persons in any one accident, $500,000; and
(c) For injury to or destruction of property in any one accident, $50,000; or
2. Must not exceed a combined single-limit for bodily injury to one or more persons and for injury to or destruction of property in any one accident, $500,000.
Sec. 68. NRS 706.3052 is hereby amended to read as follows:
2. An operator of a taxicab shall not operate under a program of self-insurance if any judgment recovered against him has not been paid in full.
3. An operator of a taxicab to whom the department has issued a certificate of self-insurance may self-insure the first $50,000, combined single-limit, per accident, of the coverage required by the regulations adopted pursuant to NRS 706.305.
Sec. 69. NRS 706.311 is hereby amended to read as follows:
2.] Every operator of a tow car is required to furnish reasonably adequate service and facilities, and all charges assessed for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle must be just and reasonable.
[3.] 2. Every unjust and unreasonable charge for such service by any [such carrier or] operator of a tow car is prohibited and shall be deemed to be unlawful.
Sec. 70. NRS 706.321 is hereby amended to read as follows:
(a) Within a time to be fixed by the authority, schedules and tariffs that must:
(1) Be open to public inspection; and
(2) Include all rates, fares and charges which the carrier has established and which are in force at the time of filing for any service performed in connection therewith by any carrier controlled and operated by it.
(b) As a part of that schedule, all regulations of the carrier that in any manner affect the rates or fares charged or to be charged for any service and all regulations of the carrier that the carrier has adopted to comply with the provisions of NRS 706.011 to 706.791, inclusive.
2.] Every operator of a tow car shall file with the transportation services authority:
(a) Within a time to be fixed by the transportation services authority, schedules and tariffs that must:
(1) Be open to public inspection; and
(2) Include all rates and charges for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle which the operator has established and which are in force at the time of filing.
(b) As a part of that schedule, all regulations of the operator of the tow car which in any manner affect the rates charged or to be charged for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle and all regulations of the operator of the tow car that the operator has adopted to comply with the provisions of NRS [706.011] 706.151 to 706.791, inclusive[.
3.] , and section 11 of this act.
2. No changes may be made [in any schedule, including schedules of joint rates, or] in the regulations affecting any rates or charges, except upon [30] 60 days’ notice to the transportation services authority . [, and all those changes must be plainly indicated on any new schedules filed in lieu thereof 30 days before the time they are to take effect.] The transportation services authority, upon application of any [carrier,] operator of a tow car, may prescribe a shorter time within which changes may be made. The [30] 60 days’ notice is not applicable when the [carrier] operator of a tow car gives written notice to the transportation services authority 10 days before the effective date of its participation in a tariff bureau’s rates and tariffs, provided the rates and tariffs have been previously filed with and approved by the transportation services authority.
[4.] 3. The transportation services authority may at any time, upon its own motion, investigate any of the rates, fares, charges, regulations, practices and services filed pursuant to this section and, after hearing, by order, make such changes as may be just and reasonable.
[5.] 4. The transportation services authority may dispense with the hearing on any change requested in rates, fares, charges, regulations, practices or service filed pursuant to this section.
[6.] 5. All rates, fares, charges, classifications and joint rates, regulations, practices and services fixed by the transportation services authority are in force, and are prima facie lawful, from the date of the order until changed or modified by the transportation services authority, or pursuant to NRS 706.2883.
[7. All regulations, practices and service prescribed by the authority must be enforced and are prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, or until changed or modified by the authority itself upon satisfactory showing made.]
Sec. 71. NRS 706.323 is hereby amended to read as follows:
(a) The [motor carrier] operator of a tow car notifies the transportation services authority that it wishes to have the rate reviewed by the transportation services authority pursuant to this subsection; and
(b) The rate resulting from all increases or decreases within 1 year is not more than 10 percent above or 10 percent below the rate in effect 1 year before the effective date of the proposed rate.
2. This section does not limit the authority of the transportation services authority to investigate, suspend, revise or revoke a proposed rate if the rate would violate the provisions of NRS 706.151.
Sec. 72. NRS 706.326 is hereby amended to read as follows:
2. Pending the investigation or hearing and the decision thereon, the transportation services authority, upon delivering to the [common or contract motor carrier] operator of a tow car affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of the schedule or tariff and defer the use of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for a longer period than 150 days beyond the [time] date when the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.
3. After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the transportation services authority may make such order in reference to the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.
4. The transportation services authority shall determine whether it is necessary to hold a hearing to consider the proposed change in any schedule stating a new or revised individual or joint rate, fare or charge. In making that determination, the transportation services authority shall consider all timely written protests, any presentation the staff of the transportation services authority may desire to present, the application and any other matters deemed relevant by the transportation services authority.
Sec. 73. NRS 706.331 is hereby amended to read as follows:
2. When complaint is made of more than one matter, the transportation services authority may order separate hearings upon the several matters complained of at such times and places as it may prescribe.
3. No complaint may at any time be dismissed because of the absence of direct damage to the complainant.
4. The transportation services authority may at any time, upon its own motion, investigate any of the matters listed in subsection 1, and, after a full hearing, by order, make such changes as may be just and reasonable, the same as if a formal complaint had been made.
Sec. 74. NRS 706.341 is hereby amended to read as follows:
[2. A common motor carrier, other than an operator of a tow car, authorized to operate by NRS 706.011 to 706.791, inclusive, shall not discontinue any service established pursuant to the provisions of NRS 706.011 to 706.791, inclusive, and all other laws relating thereto and made applicable thereto by NRS 706.011 to 706.791, inclusive, without an order of the authority granted only after public notice or hearing in the event of protest.]
Sec. 75. NRS 706.346 is hereby amended to read as follows:
2. Except as otherwise provided in subsection 3, [when] if a schedule or tariff of joint rates or charges is or may be in force between two or more [common motor carriers or between any such carrier and a public utility,] operators of tow cars, the schedule or tariff must be printed and posted in the manner prescribed in subsection 1.
3. Only the rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle must be printed and posted by an operator of a tow car pursuant to subsections 1 and 2.
Sec. 76. NRS 706.351 is hereby amended to read as follows:
706.351 1. It is unlawful for:
(a) A [fully regulated] taxicab motor carrier or limousine motor carrier to furnish any pass, frank, free or reduced rates for transportation to any state, city, district, county or municipal officer of this state or to any person other than those specifically enumerated in this section.
(b) Any person other than those specifically enumerated in this section to receive any pass, frank, free or reduced rates for transportation.
2. This section does not prevent the carriage, storage or hauling free or at reduced rates of passengers or property for charitable organizations or purposes for the United States, the State of Nevada or any political subdivision thereof.
3. This chapter does not prohibit a fully regulated common carrier from giving free or reduced rates for transportation of persons to:
(a) Its own officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by it, and members of their families.
(b) Inmates of hospitals or charitable institutions and persons over 60 years of age.
(c) Persons who are physically handicapped or mentally handicapped and who present a written statement from a physician to that effect.
(d) Persons injured in accidents or wrecks and physicians and nurses attending such persons.
(e) Persons providing relief in cases of common disaster.
(f) Attendants of livestock or other property requiring the care of an attendant, who must be given return passage to the place of shipment, if there is no discrimination among shippers of a similar class.
(g) Officers, agents, employees or members of any profession licensed under Title 54 of NRS, together with members of their families, who are employed by or affiliated with other common carriers, if there is an interchange of free or reduced rates for transportation.
(h) Indigent, destitute or homeless persons when under the care or responsibility of charitable societies, institutions or hospitals, together with the necessary agents employed in such transportation.
(i) Students of institutions of learning, including, without limitation, homeless students, whether the free or reduced rate is given directly to a student or to the board of trustees of a school district on behalf of a student.
(j) Groups of persons participating in a tour for a purpose other than transportation.
4. [This section does not prohibit common motor carriers from giving free or reduced rates for the transportation of property of:
(a) Their officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by them, or pensioned or disabled former employees, together with that of their dependents.
(b) Witnesses attending any legal investigations in which such carriers are interested.
(c) Persons providing relief in cases of common disaster.
(d) Charitable organizations providing food and items for personal hygiene to needy persons or to other charitable organizations within this state.
5. This section does not prohibit the authority from establishing reduced rates, fares or charges for specified routes or schedules of any common motor carrier providing transit service if the reduced rates, fares or charges are determined by the authority to be in the public interest.
6. Only fully regulated common carriers may provide free or reduced rates for the transportation of passengers or household goods, pursuant to the provisions of this section.
7.] As used in this section, “employees” includes:
(a) Furloughed, pensioned and superannuated employees.
(b) Persons who have become disabled or infirm in the service of [such carriers.] a taxicab motor carrier or limousine motor carrier.
(c) Persons who are traveling to enter the service of such a carrier.
Sec. 77. NRS 706.361 is hereby amended to read as follows:
2. A common motor carrier of passengers, a contract motor carrier of passengers , a taxicab motor carrier, a limousine motor carrier and other entities providing means of public conveyance and transportation shall designate a person responsible for ensuring that the carrier complies with the applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 to 12213, inclusive, and 47 U.S.C. §§ 225 and 611, and the regulations adopted pursuant to that act.
3. The person designated pursuant to subsection 2 shall conduct training sessions for the employees of the carrier or entity. Each employee must be provided at least 3 hours of training during one or more training sessions. During the training sessions, the designee shall:
(a) Describe the carrier’s plan for compliance with the Americans with Disabilities Act of 1990 and the regulations adopted pursuant to that act;
(b) Explain the obligations of the employees to assist a person with a disability to store a mobility device;
(c) Explain the illegality of charging an additional fee or a higher fare to a person with a disability; and
(d) Ensure that each employee is trained in accordance with the requirements of 49 C.F.R. § 37.173.
4. It is unlawful for any person to deny any of the privileges granted by subsection 1.
5. It is unlawful for any common motor carrier, contract motor carrier, taxicab motor carrier, limousine motor carrier or other entity providing a means of public conveyance or transportation operating within this state, to:
(a) Deny the equal enjoyment of its services and facilities to a person with a disability by the arbitrary, capricious or unreasonable interference, direct or indirect, with the use of aids and appliances used by a person with a disability;
(b) Fail to designate a person pursuant to subsection 2; or
(c) Fail to conduct the training sessions in the manner described in subsection 3.
6. As used in this section, “disability” has the meaning ascribed to it in 49 C.F.R. § 37.3.
Sec. 78. NRS 706.366 is hereby amended to read as follows:
(a) Refuse service to a visually, aurally or physically handicapped person because he is accompanied by a guide dog, hearing dog, helping dog or other service animal;
(b) Refuse service to a person who is training a guide dog, hearing dog, helping dog or other service animal because he is accompanied by such an animal; or
(c) Charge an additional fee for such an animal.
2. This section does not relieve a visually, aurally or physically handicapped person or a person who trains a guide dog, hearing dog, helping dog or other service animal from liability for damage which may be caused by his animal.
3. Visually, aurally or physically handicapped persons accompanied by guide dogs, hearing dogs, helping dogs or other service animals are subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.
4. For the purposes of this section, the terms “guide dog,” “hearing dog,” “helping dog” and “service animal” have the meanings ascribed to them respectively in NRS 426.075, 426.081, 426.083 and 426.097.
Sec. 79. NRS 706.386 is hereby amended to read as follows:
Sec. 80. NRS 706.398 is hereby amended to read as follows:
706.398 The transportation services authority:
1. Shall revoke or suspend, pursuant to the provisions of this chapter, the certificate of public convenience and necessity of [a common motor carrier] an operator of a tow car which has failed to:
(a) File the annual report required by NRS 706.167 within 60 days after the report is due; or
(b) Operate as [a carrier of intrastate commerce] an operator of a tow car in this state under the terms and conditions of its certificate,
unless the [carrier] operator has obtained the prior permission of the transportation services authority.
2. May revoke or suspend, pursuant to the provisions of NRS 706.2885, the certificate of public convenience and necessity of [a common motor carrier] an operator of a tow car which has failed to comply with any provision of this chapter or any regulation of the transportation services authority adopted pursuant thereto.
Sec. 81. NRS 706.411 is hereby amended to read as follows:
Sec. 82. NRS 706.445 is hereby amended to read as follows:
706.445 The transportation services authority may not regulate the:
1. Geographical area in which towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle are provided;
2. Types of towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle that are provided; or
3. Rates and charges assessed or the terms and conditions imposed for towing services performed with the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle,
by an operator of a tow car.
Sec. 83. NRS 706.446 is hereby amended to read as follows:
Sec. 84. NRS 706.4463 is hereby amended to read as follows:
(a) Obtain a certificate of public convenience and necessity from the transportation services authority before he provides any services other than those services which he provides as a private motor carrier of property pursuant to the provisions of this chapter;
(b) Use a tow car of sufficient size and weight which is appropriately equipped to transport safely the vehicle which is being towed; and
(c) Comply with the provisions of NRS [706.011] 706.151 to 706.791, inclusive[.] , and section 11 of this act.
2. A person who wishes to obtain a certificate of public convenience and necessity to operate a tow car must file an application with the transportation services authority.
3. The transportation services authority shall issue a certificate of public convenience and necessity to an operator of a tow car if it determines that the applicant:
(a) Complies with the requirements of paragraphs (b) and (c) of subsection 1;
(b) Complies with the requirements of the regulations adopted by the transportation services authority pursuant to the provisions of this chapter;
(c) Has provided evidence that he has filed with the [authority] department a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and
(d) Has provided evidence that he has filed with the transportation services authority schedules and tariffs pursuant to [subsection 2 of] NRS 706.321.
4. An applicant for a certificate has the burden of proving to the transportation services authority that the proposed operation will meet the requirements of subsection 3.
5. The transportation services authority may hold a hearing to determine whether an applicant is entitled to a certificate only if:
(a) Upon the expiration of the time fixed in the notice that an application for a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the transportation services authority; or
(b) The transportation services authority finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 3.
Sec. 85. NRS 706.4464 is hereby amended to read as follows:
2. The transportation services authority shall approve an application filed with it pursuant to subsection 1 if it determines that the transferee:
(a) Complies with the provisions of NRS [706.011] 706.151 to 706.791, inclusive, and section 11 of this act, and the regulations adopted by the transportation services authority pursuant to those provisions;
(b) Uses equipment that is in compliance with the regulations adopted by the transportation services authority;
(c) Has provided evidence that he has filed with the [authority] department a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and
(d) Has provided evidence that he has filed with the transportation services authority schedules and tariffs pursuant to NRS 706.321 which contain rates and charges and the terms and conditions that the operator of the tow car requires to perform towing services without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle which do not exceed the rates and charges that the transferor was authorized to assess for the same services.
3. The transportation services authority may hold a hearing concerning an application submitted pursuant to this section only if:
(a) Upon the expiration of the time fixed in the notice that an application for transfer of a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the transportation services authority; or
(b) The transportation services authority finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 2.
4. The transportation services authority shall not hold a hearing on an application submitted pursuant to this section if the application is made to transfer the certificate of public convenience and necessity from a natural person or partners to a corporation whose controlling stockholders will be substantially the same person or partners.
5. The approval by the transportation services authority of an application for transfer of a certificate of public convenience and necessity of an operator of a tow car is not valid after the expiration of the term for the transferred certificate.
Sec. 86. NRS 706.4468 is hereby amended to read as follows:
2. An operator of a tow car may not impose a charge or any part of a charge filed pursuant to subsection 1 unless the operator:
(a) Has initiated the procedure by which a person may satisfy a lien; and
(b) Stores the vehicle for at least 96 hours.
3. If an operator of a tow car stores a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle for at least 96 hours but not more than 336 hours, the operator may charge an amount not to exceed 50 percent of the charge approved by the transportation services authority pursuant to subsection 1 for preparing or satisfying a lien.
4. If an operator of a tow car stores a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle for more than 336 hours, the operator may charge an amount not to exceed 50 percent of the charge approved by the transportation services authority pursuant to subsection 1 for preparing or satisfying a lien in addition to the amount charged pursuant to subsection 3.
Sec. 87. NRS 706.4473 is hereby amended to read as follows:
Sec. 88. NRS 706.4483 is hereby amended to read as follows:
2. In addition to any other remedies that may be available to the transportation services authority to act upon complaints, the transportation services authority may order the release of towed motor vehicles, cargo or personal property upon such terms and conditions as the transportation services authority determines to be appropriate.
Sec. 89. NRS 706.4485 is hereby amended to read as follows:
1. Holds a certificate of public convenience and necessity issued by the transportation services authority.
2. Complies with all applicable provisions of this chapter and chapters 482 and 484 of NRS.
3. Agrees to respond in a timely manner to requests for towing made by the agency.
4. Maintains adequate, accessible and secure storage within the State of Nevada for any vehicle that is towed.
5. Complies with all standards the law enforcement agency may adopt to protect the health, safety and welfare of the public.
6. Assesses only rates and charges that have been approved by the transportation services authority for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle.
7. The transportation services authority shall not require that an operator of a tow car charge the same rate to law enforcement agencies for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle that the operator charges to other persons for such services.
Sec. 90. NRS 706.449 is hereby amended to read as follows:
Sec. 91. NRS 706.451 is hereby amended to read as follows:
2. The fee provided in this section must be paid on or before January 1 of each year.
3. The initial fee must be reduced one-twelfth for each month which has elapsed since the beginning of the calendar year before July 1, 1971, for those tow cars lawfully operating on that date or before the commencement of operation of each tow car commencing operation after July 1, 1971.
4. Any person who fails to pay any fee on or before the date provided in this section shall pay a penalty of 10 percent of the amount of the fee plus interest on the amount of the fee at the rate of 1 percent per month or fraction of a month from the date the fee is due until the date of payment.
Sec. 92. NRS 706.457 is hereby amended to read as follows:
Sec. 93. NRS 706.458 is hereby amended to read as follows:
2. If any witness refuses to attend or testify or produce any papers required by such subpoena the transportation services authority may report to the district court in and for the county in which the investigation or hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed in this chapter; and
(c) That the witness has failed and refused to attend or produce the papers required by subpoena in the investigation or hearing named in the subpoena, or has refused to answer questions propounded to him in the course of such investigation or hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers.
3. The court, upon petition of the transportation services authority, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days [from] after the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the transportation services authority. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued, the court shall thereupon enter an order that the witness appear at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness must be dealt with as for contempt of court.
Sec. 94. NRS 706.461 is hereby amended to read as follows:
1. A complaint has been filed with the transportation services authority alleging that any vehicle is being operated without a certificate of public convenience and necessity [or contract carrier’s permit] as required by NRS [706.011] 706.151 to 706.791, inclusive[;] , and section 11 of this act; or
2. The transportation services authority has reason to believe that any:
(a) Person is advertising to provide[:
(1) The services of a fully regulated carrier in intrastate commerce; or
(2) Towing services,] towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle without including the number of his certificate of public convenience and necessity or permit in each advertisement; or
(b) Provision of NRS [706.011] 706.151 to 706.791, inclusive, and section 11 of this act, is being violated,
the transportation services authority shall investigate the operations or advertising and may, after a hearing, order the owner or operator of the vehicle or the person advertising to cease and desist from any operation or advertising in violation of NRS [706.011] 706.151 to 706.791, inclusive[.] , and section 11 of this act. The transportation services authority shall enforce compliance with the order pursuant to the powers vested in the transportation services authority by NRS [706.011] 706.151 to 706.791, inclusive, and section 11 of this act, or by other law.
Sec. 95. NRS 706.473 is hereby amended to read as follows:
2. A person who enters into a lease agreement with an independent contractor pursuant to this section shall submit a copy of the agreement to the appropriate taxicab authority for its approval. The agreement is not effective until approved by the taxicab authority.
3. A person who leases a taxicab to an independent contractor is jointly and severally liable with the independent contractor for any violation of the provisions of this chapter relating to the regulation of taxicabs or the regulations adopted pursuant thereto, and shall ensure that the independent contractor complies with such provisions and regulations.
4. The taxicab authority which has jurisdiction over a lease agreement or [any of its employees] its administrator may intervene in a civil action involving a lease agreement entered into pursuant to this section.
Sec. 96. NRS 706.475 is hereby amended to read as follows:
706.475 1. [The] A taxicab authority shall adopt such regulations as are necessary to:
(a) Carry out the provisions of NRS 706.473; and
(b) Ensure that the taxicab business remains safe, adequate and reliable.
2. Such regulations must include, without limitation:
(a) The minimum qualifications for an independent contractor;
(b) [Requirements related to liability insurance;
(c)] Minimum safety standards; and
[(d)] (c) The procedure for approving a lease agreement and the provisions that must be included in a lease agreement concerning the grounds for the revocation of such approval.
Sec. 97. NRS 706.491 is hereby amended to read as follows:
Sec. 98. NRS 706.631 is hereby amended to read as follows:
Sec. 99. NRS 706.736 is hereby amended to read as follows:
(a) The transportation by a contractor licensed by the state contractors’ board of his own equipment in his own vehicles from job to job.
(b) Any person engaged in transporting his own personal effects in his own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise other than as provided in paragraph (d), or to the carriage of any property for compensation.
(c) Special mobile equipment.
(d) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.
(e) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.
(f) A private motor carrier of property which is used to attend livestock shows and sales.
2. Unless exempted by a specific state statute or a specific federal statute, regulation or rule, any person referred to in subsection 1 is subject to:
(a) The provisions of paragraph (d) of subsection 1 of NRS 706.171 or subsection 2 of NRS 706.172, as appropriate, and NRS 706.235 to 706.256, inclusive, 706.281, 706.457 and 706.458.
(b) All rules and regulations adopted by reference pursuant to [paragraph (b) of subsection 1 of NRS 706.171] NRS 706.151 to 706.791, inclusive, and section 11 of this act, by the department or transportation services authority, as appropriate, concerning the safety of drivers and vehicles.
(c) All standards adopted by regulation pursuant to NRS 706.173.
3. The provisions of NRS 706.311 to 706.453, inclusive, [706.471, 706.473, 706.475 and 706.6411] which authorize the transportation services authority to issue[:
(a) Except as otherwise provided in paragraph (b), certificates of public convenience and necessity and contract carriers’ permits and to regulate rates, routes and services apply only to fully regulated carriers.
(b) Certificates] certificates of public convenience and necessity to operators of tow cars and to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle apply to operators of tow cars.
4. Any person who operates pursuant to a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to his actual operation as prescribed in this chapter, computed from the date when that operation began.
Sec. 100. NRS 706.745 is hereby amended to read as follows:
706.745 1. The provisions of NRS 706.386 [and 706.421] do not apply to ambulances or hearses.
2. [A common motor carrier who enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transit consisting of regular routes and fixed schedules. Under such an agreement, the public entity shall establish the routes and fares and provide for any required safety inspections.
3.] A nonprofit carrier of elderly or physically or mentally handicapped persons is not required to obtain a certificate of public convenience and necessity to operate as a [common] taxicab motor carrier or limousine motor carrier of such passengers only, but such a carrier is not exempt from inspection by [the] a taxicab authority to determine whether its vehicles and their operation are safe.
[4.] 3. An incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transportation[.] which uses taxicabs, limousines or other vehicles for passenger service that would otherwise be subject to the jurisdiction of a taxicab authority pursuant to this chapter.
Sec. 101. NRS 706.756 is hereby amended to read as follows:
706.756 1. Except as otherwise provided in subsection 2, any person who:
(a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS [706.011] 706.151 to 706.861, inclusive, and section 11 of this act apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;
(b) Fails to make any return or report required by the provisions of NRS [706.011] 706.151 to 706.861, inclusive, and section 11 of this act or by the transportation services authority or the department pursuant to the provisions of NRS [706.011] 706.151 to 706.861, inclusive[;] , and section 11 of this act;
(c) Violates, or procures, aids or abets the violating of, any provision of NRS [706.011] 706.151 to 706.861, inclusive[;] , and section 11 of this act;
(d) Fails to obey any order, decision or regulation of the transportation services authority or the department;
(e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation of the transportation services authority or the department;
(f) Advertises, solicits, proffers bids or otherwise holds himself out to perform [transportation as a common or contract carrier] towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle in violation of any of the provisions of NRS [706.011] 706.151 to 706.861, inclusive[;] , and section 11 of this act;
(g) Advertises as providing[:
(1) The services of a fully regulated carrier; or
(2) Towing services,] towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle without including the number of his certificate of public convenience and necessity [or contract carrier’s permit] in each advertisement;
(h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;
(i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;
(j) Operates or causes to be operated a vehicle which does not have the proper identifying device;
(k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been canceled, revoked, suspended or altered;
(l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; [or]
(m) Knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the transportation services authority; or
(n) Refuses or fails to surrender to the transportation services authority or department any certificate, permit, license or identifying device which has been suspended, canceled or revoked pursuant to the provisions of this chapter,
is guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 [nor] and not more than [$1,000,] $2,000, or by imprisonment in the county jail for not more than [6 months,] 1 year, or by both fine and imprisonment.
2. A person convicted of a gross misdemeanor for a violation of the provisions of NRS 706.386 [or 706.421] shall be punished:
(a) For the first offense, by a fine of not less than $500 [nor] and not more than [$1,000;] $2,000;
(b) For a second offense within 12 consecutive months and each subsequent offense, by a fine of [$1,000;] $2,000; or
(c) For any offense, by imprisonment in the county jail for not more than [6 months,] 1 year, or by both the prescribed fine and imprisonment.
3. [Any person who operates or permits the operation of a vehicle in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.391 is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, he may cause the vehicle to be towed immediately from the scene.] The conviction of a person pursuant to this section does not bar the transportation services authority from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or the suspension or revocation of any certificate, permit or license by the transportation services authority does not operate as a defense in any proceeding brought against the person by the transportation services authority pursuant to this chapter.
4. The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.
5. Any bail allowed must not be less than the appropriate fine provided for by this section.
Sec. 102. NRS 706.761 is hereby amended to read as follows:
2. Each day’s refusal or failure is a separate offense, and is subject to the penalty prescribed in this section.
3. If, after a hearing, the transportation services authority finds that a person to whom a certificate has been issued has refused or failed to produce a record or allow an inspection in violation of this section, the transportation services authority may, upon 5 days’ written notice, suspend the certificate.
Sec. 103. NRS 706.766 is hereby amended to read as follows:
2. It is unlawful for any [fully regulated carrier or] operator of a tow car to grant any rebate, concession or special privilege to any person which, directly or indirectly, has or may have the effect of changing the rates, tolls, charges or payments.
3. Any violation of the provisions of this section subjects the violator to the penalty prescribed in NRS 706.761.
Sec. 104. NRS 706.771 is hereby amended to read as follows:
2. If the transportation services authority does not bring an action to recover the penalty prescribed by subsection 1, the transportation services authority may impose an administrative fine of not more than $10,000 for any violation of a provision of this chapter or any rule, regulation or order adopted or issued by the transportation services authority [or department] pursuant to the provisions of this chapter. A fine imposed by the transportation services authority may be recovered by the transportation services authority only after notice is given and a hearing is held pursuant to the provisions of chapter 233B of NRS.
3. All administrative fines imposed and collected by the transportation services authority pursuant to subsection 2 are payable to the state treasurer and must be credited to [a separate account to be used by the authority to enforce the provisions of this chapter.] the state highway fund.
4. A penalty or fine recovered pursuant to this section is not a cost of service for purposes of rate making.
Sec. 105. NRS 706.776 is hereby amended to read as follows:
2. In addition to other persons so required, the labor commissioner shall enforce the provisions of this section.
Sec. 106. NRS 706.779 is hereby amended to read as follows:
Sec. 107. NRS 706.781 is hereby amended to read as follows:
Sec. 108. NRS 706.881 is hereby amended to read as follows:
(a) Whose population is 400,000 or more; or
(b) For whom regulation by the taxicab authority is not required if its board of county commissioners has enacted an ordinance approving the inclusion of the county within the jurisdiction of the taxicab authority.
2. Upon receipt of a certified copy of such an ordinance from a county for whom regulation by the taxicab authority is not required, the taxicab authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, within that county.
3. Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the transportation services authority do not apply.] the business of transporting passengers by taxicabs and limousines.
Sec. 109. NRS 706.88185 is hereby amended to read as follows:
2. The] , and sections 12 to 21, inclusive, of this act.
2. A taxicab authority shall enforce an order issued pursuant to subsection 1 in accordance with the provisions of NRS 706.881 to 706.885, inclusive[.] , and sections 12 to 21, inclusive, of this act.
Sec. 110. NRS 706.8819 is hereby amended to read as follows:
(a) Applications to adjust, alter or change the rates, charges or fares for taxicab or limousine service;
(b) Applications for certificates of public convenience and necessity to operate a taxicab or limousine service;
(c) Applications requesting authority to transfer any existing interest in a certificate of public convenience and necessity or in a corporation that holds a certificate of public convenience and necessity to operate a taxicab or limousine business;
(d) Applications to change the total number of allocated taxicabs in a county [to which NRS 706.881 to 706.885, inclusive, apply;] subject to the jurisdiction of the taxicab authority; and
(e) Appeals from final decisions of [the] its administrator made pursuant to NRS 706.8822.
2. An appeal from the final decision of [the] a taxicab authority must be made to the transportation services authority.
Sec. 111. NRS 706.882 is hereby amended to read as follows:
2. [The] A taxicab authority may remove [the] its administrator for good cause shown.
3. Except as otherwise provided in NRS 284.143, [the] a taxicab administrator shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 112. NRS 706.8821 is hereby amended to read as follows:
2. The] , and sections 12 to 21, inclusive, of this act.
2. An administrator shall appoint:
(a) One accountant and such auditors as are necessary to enable the administrator to perform his official functions properly; and
(b) Such other employees as are necessary to enable the administrator to perform his official functions properly.
Sec. 113. NRS 706.8822 is hereby amended to read as follows:
1. Any violation relating to the issuance of or transfer of license plates for motor carriers required by either the taxicab authority or the department of motor vehicles and public safety;
2. Complaints against certificate holders;
3. Complaints against taxicab or limousine drivers;
4. Applications for, or suspension or revocation of, drivers’ permits which may be required by the administrator; and
5. Imposition of monetary penalties.
Sec. 114. NRS 706.88235 is hereby amended to read as follows:
2. The district court in and for the county in which any hearing is being conducted may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the administrator.
3. In case of the refusal of any witness to attend or testify or produce any papers required by the subpoena, the administrator may report to the district court in and for the county in which the hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed in this section; and
(c) That the witness has failed and refused to attend or produce the papers required by subpoena before the taxicab authority or the administrator in the hearing named in the subpoena, or has refused to answer questions propounded to him in the course of the hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the taxicab authority or the administrator.
4. The court, upon petition of the administrator shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time to be not more than 10 days [from] after the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by the administrator, the court may thereupon enter an order that the witness appear before the taxicab authority or the administrator at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness must be dealt with as for contempt of court.
Sec. 115. NRS 706.88237 is hereby amended to read as follows:
706.88237 [The] A taxicab authority may:
1. Determine the circumstances that require a temporary increase in the number of taxicabs or limousines subject to its jurisdiction allocated pursuant to NRS 706.8824; and
2. Allocate a temporary increase in the number of such taxicabs or limousines pursuant to NRS 706.88245 when the circumstances require the increase.
Sec. 116. NRS 706.8824 is hereby amended to read as follows:
2. Whenever circumstances require the establishment of a system of allocations, [the] a taxicab authority shall allocate the number of taxicabs or limousines, as appropriate, among the certificate holders in the county in a manner which reflects the number of taxicabs or limousines, as appropriate, operated by each certificate holder during the 5 years immediately preceding the date of establishment of the system of allocations by the taxicab authority in the county.
3. Whenever circumstances require an increase in the existing allocations[, the] in addition to the automatic increases in allocations provided by section 15 of this act, a taxicab authority shall allocate the additional taxicabs or limousines, as appropriate, equally among all the certificate holders who apply from the area to be affected by the allocation.
4. Unless a certificate holder puts the additionally allocated taxicabs or limousines, as appropriate, into service within 30 days after the effective date of the increased allocation, the increased allocation to that certificate holder is void.
5. [The] A taxicab authority may attach to the exercise of the rights granted by the allocation any terms and conditions which in its judgment the public interest may require. The taxicab authority may limit:
(a) The geographical area from which service is offered or provided.
(b) The hours of service. Such a limitation must not reduce hours of service to less than 12 consecutive hours in a 24-hour period.
If a limitation is placed on an allocation, taxicabs or limousines, as appropriate, must be marked in a distinctive manner that indicates the limitation.
6. [The] A taxicab authority shall review annually:
(a) The existing allocation of taxicabs[;] and limousines; and
(b) The rates, charges or fares of the certificate holders in its jurisdiction.
7. Notwithstanding any provision of this section or section 15 of this act to the contrary, if a system of allocations for limousines has been established, a taxicab authority shall allow each person to whom a certificate of public convenience and necessity has been issued by the taxicab authority for the operation of limousines to operate not more than one limousine pursuant to that certificate. Upon issuance of the certificate, the certificate holder becomes subject to all other provisions relating to allocations that are set forth in this section and section 15 of this act.
Sec. 117. NRS 706.88245 is hereby amended to read as follows:
2. Whenever circumstances require a temporary increase in the number of taxicabs or limousines subject to its jurisdiction allocated pursuant to NRS 706.8824, [the] a taxicab authority shall allocate the temporary increase equally among the certificate holders who are taxicab motor carriers or limousine motor carriers, as appropriate, subject to the jurisdiction of the taxicab authority in the area to be affected by the allocation.
3. [The] A taxicab authority shall determine:
(a) The number of additional taxicabs or limousines to be allocated;
(b) The hours of operation of the additional taxicabs[;] or limousines; and
(c) The duration of the temporary allocation.
4. [The] A taxicab authority may adopt regulations governing temporary increases in the allocation of taxicabs or limousines subject to its jurisdiction pursuant to this section.
Sec. 118. NRS 706.8825 is hereby amended to read as follows:
706.8825 1. [All] There are hereby created as special revenue funds:
(a) The taxicab authority regulatory fund for the taxicab authority for southern Nevada; and
(b) The taxicab authority regulatory fund for the taxicab authority for northern Nevada.
2. Except as otherwise provided in this section, all fees collected pursuant to NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act, must be deposited with the state treasurer to the credit of the appropriate taxicab authority regulatory fund . [, which is hereby created as a special revenue fund.] The transactions for each county that is subject to [those sections] the jurisdiction of a taxicab authority must be accounted for separately within the appropriate fund.
[2.] 3. The interest and income earned on the money in [the] a fund, after deducting any applicable charges, must be credited to the fund.
[3.] 4. Money collected by a taxicab authority for a fine or penalty that is imposed on a taxicab motor carrier or limousine motor carrier by the taxicab authority must be deposited into the state general fund.
5. The revenues received pursuant to subsection 1 of NRS 706.8826 are hereby appropriated to defray the cost of regulating taxicabs and limousines in the county or the city, respectively, making the deposit under that subsection.
[4.] 6. The fees received pursuant to subsection 3 of NRS 706.8826, NRS 706.8827, 706.8841 and 706.8848 to 706.885, inclusive, are hereby appropriated to defray the cost of regulating taxicabs and limousines in the county in which the certificate holder operates a taxicab or limousine business.
[5.] 7. Any balance remaining in [the] a taxicab authority regulatory fund does not revert to the state general fund. The administrator of a taxicab authority may transfer to the aging services division of the department of human resources any balance over $200,000 and any interest earned on the [fund,] taxicab authority regulatory fund for that taxicab authority, within the limits of legislative authorization for each fiscal year, to subsidize transportation for the elderly and the permanently handicapped in taxicabs. The money transferred to the aging services division must be administered in accordance with regulations adopted by the administrator of the aging services division pursuant to NRS 427A.070.
[6.] 8. The administrator of a taxicab authority may establish an account for petty cash not to exceed $1,000 for the support of undercover investigation and, if the account is created, the administrator shall reimburse the account from the appropriate taxicab authority regulatory fund in the same manner as other claims against the state are paid.
Sec. 119. NRS 706.8826 is hereby amended to read as follows:
2. For the purpose of calculating the amount due to the state under subsection 1, the tax revenue of a county does not include any amount which represents a payment for the use of county facilities or property.
3. [Any] A certificate holder who is subject to [an order of allocation by the] a taxicab authority shall pay to [the] that taxicab authority $100 per year for each taxicab [that the taxicab authority has allocated to] and $500 per year for each limousine which the certificate holder operates pursuant to his certificate of public convenience and necessity and , if the certificate holder is a taxicab motor carrier, a fee set by the taxicab authority that must not exceed [15] 20 cents per trip for each compensable trip of each of those taxicabs, which may be added to the meter charge. The money so received by the taxicab authority must be paid to the state treasurer for deposit in the state treasury to the credit of the appropriate taxicab authority regulatory fund.
Sec. 120. NRS 706.8827 is hereby amended to read as follows:
706.8827 1. A person shall not engage in the taxicab or limousine business unless he:
(a) Holds a certificate of public convenience and necessity from the previously exiting public service commission of Nevada issued before July 1, 1981, which has not been transferred, revoked or suspended by [the] a taxicab authority; [or]
(b) Holds a certificate of public necessity of public convenience and necessity from the transportation services authority issued before July 1, 1999, which has not been transferred, revoked or suspended by a taxicab authority; or
(c) Currently holds a certificate of public convenience and necessity from [the] a taxicab authority as provided in this section.
2. Upon the filing of an application for a certificate of public convenience and necessity, the taxicab authority with which the application was filed shall fix a time and place for a hearing thereon. The taxicab authority shall issue the certificate if it finds that:
(a) The applicant is fit, willing and able to perform the services of a taxicab motor carrier[;] or a limousine motor carrier;
(b) The proposed operation will be consistent with the legislative policies set forth in NRS 706.151;
(c) The granting of the certificate will not unreasonably and adversely affect other carriers operating in the territory for which the certificate is sought;
(d) The holders of existing certificates will not meet the needs of the territory for which the certificate is sought if the certificate is not granted; and
(e) The proposed service will benefit the public and the taxicab or limousine business, as appropriate, in the territory to be served.
3. The applicant for a certificate has the burden of proving to the taxicab authority that the proposed operation will meet the requirements of subsection 2. The taxicab authority shall not find that the potential creation of competition in a territory which may be caused by the granting of a certificate, by itself, will unreasonably and adversely affect other carriers operating in the territory for the purposes of paragraph (c) of subsection 2.
4. The applicant must submit an application fee of $200, which must not be refunded, with his application. The applicant must also pay those amounts which are billed to him by the taxicab authority for reasonable costs incurred by it in conducting an investigation or hearing regarding the applicant.
5. [The] A taxicab authority may attach to the exercise of the rights granted by the certificate any terms and conditions which in its judgment the public interest may require.
6. [The] A taxicab authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice of the hearing, no protest against the granting of the certificate has been filed by or on behalf of any person.
7. Any person who has been denied a certificate of public convenience and necessity after a hearing may not file a similar application with [the] a taxicab authority covering the same type of service and over the same route or routes or in the same territory for which the certificate of public convenience and necessity was denied except after the expiration of 180 days [from] after the date the certificate was denied.
Sec. 121. NRS 706.8829 is hereby amended to read as follows:
(a) Kept in a form prescribed by the taxicab authority[;] which has jurisdiction over the certificate holder;
(b) Before May 15 of each year, submitted to the taxicab authority in an annual report in the form and detail prescribed by the taxicab authority;
(c) Retained for a period of 3 years after their receipt back from the taxicab authority; and
(d) Supplemented with such additional information as the taxicab authority may require.
2. [The] A taxicab authority may examine the books, accounts, records, minutes and papers of a certificate holder at any reasonable time to determine their correctness and whether they are maintained in accordance with the regulations adopted by the taxicab authority.
3. If a certificate holder fails to comply with any provision of this section in a timely manner, the administrator[,] of the taxicab authority which has jurisdiction over the certificate holder, after hearing, may impose a fine of not more than $1,000, commence proceedings to suspend or revoke the certificate of public convenience and necessity of the certificate holder, or both impose a fine and commence such proceedings.
Sec. 122. NRS 706.883 is hereby amended to read as follows:
706.883 1. A certificate holder shall maintain at his principal place of business:
(a) A record of the make and serial number of each taxicab[;] and limousine;
(b) A maintenance record for each taxicab[;] and limousine; and
(c) A copy of the medical certificates of each of his drivers.
2. The records of a certificate holder [shall] must be open for inspection by the administrator [or] of the taxicab authority which has jurisdiction over the certificate holder at any reasonable time.
Sec. 123. NRS 706.8833 is hereby amended to read as follows:
2. The] which has jurisdiction over the certificate holder.
2. A taxicab authority shall approve or disapprove the color scheme, insigne and design of the cruising lights of the taxicabs of a certificate holder in any county[,] subject to its jurisdiction, and shall ensure that the color scheme and insigne of one certificate holder are readily distinguishable from the color schemes and insignia of other certificate holders operating in the same county.
Sec. 124. NRS 706.8834 is hereby amended to read as follows:
2. [Any] Except as otherwise provided in this section, any vehicle which a certificate holder acquires for use as a taxicab must:
(a) Be new; or
(b) Register not more than 30,000 miles on the odometer.
3. A taxicab authority may, upon good cause shown, exempt any city, town or other area specifically identified by the taxicab authority which is located within the county subject to the jurisdiction of the taxicab authority from any provision of this section.
Sec. 125. NRS 706.8836 is hereby amended to read as follows:
2. The administrator of a taxicab authority shall approve the types of taximeters which may be used on a taxicab[.] subject to the jurisdiction of the taxicab authority. All such taximeters must conform to a 2-percent plus or minus tolerance on the fare recording, must be equipped with a signal device plainly visible from outside of the taxicab, must be equipped with a device which records fares and is plainly visible to the passenger and must register upon plainly visible counters the following items:
(a) Total miles;
(b) Paid miles;
(c) Number of units;
(d) Number of trips; and
(e) Number of extra passengers or extra charges.
3. The administrator of a taxicab authority shall inspect each taximeter before its use in a taxicab subject to the jurisdiction of the taxicab authority, and shall, if the taximeter conforms to the standards specified in subsection 2, seal the taximeter.
4. The administrator of a taxicab authority may reinspect [the] such a taximeter at any reasonable time.
Sec. 126. NRS 706.8837 is hereby amended to read as follows:
1. The steering mechanism is in good mechanical working order.
2. The vehicle does not have any apparent loose knuckles, bolts or gear trains.
3. The door hinges and latches are in good mechanical working order and all doors operate easily and close securely.
4. Interior or exterior advertising does not obscure the driver’s view in any direction.
5. The windows are clear and free from cracks or chips in excess of 3 inches in length and are composed of approved, nonshatterable safety glass.
6. The brakes are in good mechanical working order and when pressed are not less than 1 3/4 inches from the floorboard.
7. The exhaust system, gaskets, tail pipes and mufflers are in good condition and exhaust fumes do not penetrate the interior of the vehicle.
8. The vehicle is equipped with four adequate and safe tires. Recapped tires may be used. Regrooved tires may not be used.
9. The speedometer is properly installed, maintained in good working order and exposed to view.
10. The interior of the vehicle is clean, free from torn upholstery and from damaged or broken seats.
11. The headlights, taillights, stoplights and turn signals are in good mechanical working order.
12. The horn and two windshield wipers are in good mechanical working order.
13. [The] If the vehicle is a taxicab, the taximeter is working properly, is not disconnected and has its covers and gears intact.
14. An air pollution control system is functioning in accordance with federal, state and local laws which were applicable to the type of vehicle at the time of its manufacture.
Sec. 127. NRS 706.8838 is hereby amended to read as follows:
1. The vehicle is structurally sound and operates with a minimum of noise and vibration.
2. The vehicle does not have cracked, broken or badly dented fenders and is painted so as to provide reasonable protection against structural deterioration.
3. [The] If the vehicle is a taxicab, the vehicle does not have shades or curtains which can be manipulated to shield the occupants or driver from exterior observation or to obstruct vision through the rear view windows.
4. The vehicle is washed once a week, the interior is swept, dusted and vacuumed once a day and the vehicle is in a clean and sanitary condition.
5. The floor mat is made of rubber or a similar nonabsorbent, washable material, is easily removable and is not torn.
Sec. 128. NRS 706.8839 is hereby amended to read as follows:
2. If the administrator finds that a taxicab or limousine is in a condition which violates NRS 706.8837, he shall remove the vehicle from service, [shall] place an out-of-service sticker on the windshield and [shall] notify the certificate holder of the defect. The vehicle [shall] must remain out of service until the defect has been remedied and the administrator upon reinspection has approved the vehicle and removed the out-of-service sticker.
3. If the administrator finds that a taxicab is in a condition which violates NRS 706.8838, he shall notify the certificate holder of the improper condition and, after a reasonable time, shall reinspect the vehicle. If upon reinspection the violation has not been corrected, the vehicle [shall] must be removed from service until it is reinspected and approved, as provided in subsection 2.
Sec. 129. NRS 706.88395 is hereby amended to read as follows:
(a) That the registered owner of the vehicle must post a bond in the amount of $20,000 to ensure his presence at all proceedings held pursuant to this section;
(b) Of the time set for the hearing; and
(c) Of his right to be represented by counsel during all phases of the proceedings.
2. The administrator shall hold the vehicle until the registered owner of the vehicle appears and:
(a) Proves that he is the registered owner of the vehicle;
(b) Proves that he holds a valid certificate of public convenience and necessity;
(c) Proves that the vehicle meets all required standards of the taxicab authority; and
(d) Posts a bond in the amount of $20,000 with the administrator.
The administrator shall return the vehicle to its registered owner when the owner meets the requirements of this subsection and pays all costs of impoundment.
3. If the registered owner is unable to meet the requirements of paragraph (b) or (c) of subsection 2, the administrator may assess an administrative fine against the registered owner for each such violation in the amount of $5,000. The maximum amount of the administrative fine that may be assessed against a registered owner for a single impoundment of his vehicle pursuant to this section is $10,000. The administrator shall return the vehicle after any administrative fine imposed pursuant to this subsection and all costs of impoundment have been paid.
Sec. 130. NRS 706.8841 is hereby amended to read as follows:
(a) Require the applicant to submit a set of his fingerprints, which must be forwarded to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and shall further investigate the applicant’s background; and
(b) Require proof that the applicant:
(1) Has been a resident of the state for 30 days before his application for a permit;
(2) Can read and orally communicate in the English language; and
(3) Has a valid license issued under NRS 483.325 which authorizes him to drive a taxicab or limousine in this state.
2. The administrator may refuse to issue a driver’s permit if the applicant has been convicted of:
(a) A felony, other than a felony for a sexual offense, in the State of Nevada or any other state, territory or nation within 5 years before the date of the application, or a felony involving any sexual offense at any time; or
(b) Driving under the influence of intoxicating beverages, dangerous drugs or controlled substances within 3 years before the date of the application.
3. The administrator may refuse to issue a driver’s permit if the administrator, after the background investigation of the applicant, determines that the applicant is morally unfit or if the issuance of the driver’s permit would be detrimental to public health, welfare or safety.
4. A taxicab or limousine driver shall pay to the administrator, in advance, $20 for an original driver’s permit and [$5] $15 for a renewal.
Sec. 131. NRS 706.8843 is hereby amended to read as follows:
(a) A valid driver’s license for the State of Nevada obtained under the provisions of NRS 483.010 to 483.630, inclusive;
(b) A copy of a physician’s certificate obtained pursuant to NRS 706.8842; and
(c) A driver’s permit issued by the administrator pursuant to rules and regulations of the appropriate taxicab authority.
2. A certificate holder shall, at the time he employs a driver, provide the driver with a complete copy of the rules and regulations described in NRS 706.8844 to 706.8849, inclusive, and such other rules and regulations as may be adopted by the taxicab authority[,] which has jurisdiction over the certificate holder, and require the driver to sign a statement that he has received a copy of the regulations and has read and familiarized himself with the contents thereof.
Sec. 132. NRS 706.8844 is hereby amended to read as follows:
2. At the beginning of each period of duty the driver shall record on his trip sheet:
(a) His name and the number of his taxicab;
(b) The time at which he began his period of duty by means of a time clock provided by the certificate holder;
(c) The meter readings for total miles, paid miles, trips, units, extra passengers and extra charges; and
(d) The odometer reading of the taxicab.
3. During his period of duty the driver shall record on his trip sheet:
(a) The time, place of origin and destination of each trip; and
(b) The number of passengers and amount of fare for each trip.
4. At the end of each period of duty the driver shall record on his trip sheet:
(a) The time at which he ended his period of duty by means of a time clock provided by the certificate holder;
(b) The meter readings for total miles, paid miles, trips, units and extra passengers; and
(c) The odometer reading of the taxicab.
5. A certificate holder shall furnish a trip sheet form for each taxicab operated by a driver during his period of duty and shall require his drivers to return their completed trip sheets at the end of each period of duty.
6. A certificate holder shall retain all trip sheets of all drivers in a safe place for a period of 3 years immediately succeeding December 31 of the year to which they respectively pertain and shall make such manifests available for inspection by the administrator upon reasonable demand.
7. Any driver who maintains a trip sheet in a form less complete than that required by subsection 1 is guilty of a misdemeanor.
Sec. 133. NRS 706.8847 is hereby amended to read as follows:
(a) That person requests the driver to transport him; and
(b) The requested destination is within the area allocated to the certificate holder who employs the driver.
2. Subsection 1 does not apply if the driver can show [beyond a reasonable doubt] to the satisfaction of the taxicab authority which has jurisdiction over the driver that:
(a) He has good reason to fear for his personal safety;
(b) The taxicab has been previously engaged by another person; or
(c) He is forbidden by law or regulation to carry the person requesting transportation.
Sec. 134. NRS 706.8848 is hereby amended to read as follows:
(a) First offense: Warning notice or a fine of not more than $100, or both warning and fine.
(b) Second offense: 1 to 3 days’ suspension of a driver’s permit or a fine of not more than $200, or both suspension and fine.
(c) Third offense: 4 to 6 days’ suspension of a driver’s permit or a fine of not more than $300, or both suspension and fine.
(d) Fourth offense: 10 days’ suspension of a driver’s permit or a fine of not more than $500, or both suspension and fine.
(e) Fifth offense: Revocation of a driver’s permit or a fine of not more than $500, or both revocation and fine.
2. Only violations occurring in the 12 months immediately preceding the most current violation shall be considered for the purposes of subsection 1. The administrator shall inspect the driver’s record for that period to compute the number of offenses committed.
3. [The] An administrator shall conduct a hearing [prior to] before suspension or revocation of a driver’s permit or imposing a fine under this section or NRS 706.8849.
Sec. 135. NRS 706.885 is hereby amended to read as follows:
2. [The] A taxicab authority or its administrator may at any time, for good cause shown and upon at least 5 days’ notice to the grantee of any certificate or driver’s permit[,] by the taxicab authority or administrator, and after a hearing unless waived by the grantee, penalize the grantee of a certificate to a maximum amount of $15,000 or penalize the grantee of a driver’s permit to a maximum amount of $500 or suspend or revoke the certificate or driver’s permit granted by it or him, respectively, for:
(a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act, or any regulation of the taxicab authority or administrator.
(b) Knowingly permitting or requiring any employee to violate any provision of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act, or any regulation of the taxicab authority or administrator.
If a penalty is imposed on the grantee of a certificate pursuant to this section, the taxicab authority or its administrator may require the grantee to pay the costs of the proceeding, including investigative costs and attorney’s fees.
3. When a driver or certificate holder fails to appear at the time and place stated in the notice for the hearing, the administrator shall enter a finding of default. Upon a finding of default, the administrator may suspend or revoke the license, permit or certificate of the person who failed to appear and impose the penalties provided in this chapter. For good cause shown, the administrator may set aside a finding of default and proceed with the hearing.
4. Any person who operates or permits a taxicab or limousine to be operated in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, he may cause the vehicle to be towed immediately from the scene.
5. The conviction of a person pursuant to subsection 1 does not bar the taxicab authority or its administrator from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or suspension or revocation of any certificate, permit or license by the taxicab authority or its administrator does not operate as a defense in any proceeding brought under subsection 1.
Sec. 136. NRS 232.510 is hereby amended to read as follows:
232.510 1. The department of business and industry is hereby created.
2. The department consists of a director and the following:
(a) Consumer affairs division.
(b) Division of financial institutions.
(c) Housing division.
(d) Manufactured housing division.
(e) Real estate division.
(f) Division of unclaimed property.
(g) Division of agriculture.
(h) Division of minerals.
(i) Division of insurance.
(j) Division of industrial relations.
(k) Office of labor commissioner.
(l) Taxicab authority[.] for southern Nevada and taxicab authority for northern Nevada.
(m) Nevada athletic commission.
(n) Office of the Nevada attorney for injured workers.
(o) State predatory animal and rodent committee.
(p) Transportation services authority.
(q) Any other office, commission, board, agency or entity created or placed within the department pursuant to a specific statute, the budget approved by the legislature or an executive order, or an entity whose budget or activities have been placed within the control of the department by a specific statute.
Sec. 137. NRS 232.520 is hereby amended to read as follows:
1. Shall appoint a chief or executive director, or both of them, of each of the divisions, offices, commissions, boards, agencies or other entities of the department, unless the authority to appoint such a chief or executive director, or both of them, is expressly vested in another person, board or commission by a specific statute. In making the appointments, the director may obtain lists of qualified persons from professional organizations, associations or other groups recognized by the department, if any. The chief of the consumer affairs division is the commissioner of consumer affairs, the chief of the division of financial institutions is the commissioner of financial institutions, the chief of the housing division is the administrator of the housing division, the chief of the manufactured housing division is the administrator of the manufactured housing division, the chief of the real estate division is the real estate administrator, the chief of the division of unclaimed property is the administrator of unclaimed property, the chief of the division of agriculture is the administrator of the division of agriculture, the chief of the division of minerals is the administrator of the division of minerals, the chief of the division of insurance is the insurance commissioner, the chief of the division of industrial relations is the administrator of the division of industrial relations, the chief of the office of labor commissioner is the labor commissioner, the chief of the taxicab authority for southern Nevada is the taxicab administrator, the chief of the taxicab authority for northern Nevada is the taxicab administrator, the chief of the transportation services authority is the [chairman] commissioner of the authority and the chief of any other entity of the department has the title specified by the director, unless a different title is specified by a specific statute.
2. Is responsible for the administration of all provisions of law relating to the jurisdiction, duties and functions of all divisions and other entities within the department. The director may, if he deems it necessary to carry out his administrative responsibilities, be considered as a member of the staff of any division or other entity of the department for the purpose of budget administration or for carrying out any duty or exercising any power necessary to fulfill the responsibilities of the director pursuant to this subsection. Nothing contained in this subsection may be construed as allowing the director to preempt any authority or jurisdiction granted by statute to any division or other entity within the department or as allowing the director to act or take on a function that would be in contravention of a rule of court or a statute.
3. Has authority to:
(a) Establish uniform policies for the department, consistent with the policies and statutory responsibilities and duties of the divisions and other entities within the department, relating to matters concerning budgeting, accounting, planning, program development, personnel, information services, dispute resolution, travel, workplace safety, the acceptance of gifts or donations, the management of records and any other subject for which a uniform departmental policy is necessary to ensure the efficient operation of the department.
(b) Provide coordination among the divisions and other entities within the department, in a manner which does not encroach upon their statutory powers and duties, as they adopt and enforce regulations, execute agreements, purchase goods, services or equipment, prepare legislative requests and lease or utilize office space.
(c) Define the responsibilities of any person designated to carry out the duties of the director relating to financing, industrial development or business support services.
4. May, within the limits of the financial resources made available to him, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to chapter 82 of NRS, which he determines is necessary or convenient for the exercise of the powers and duties of the department. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the department.
5. For any bonds which he is otherwise authorized to issue, may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax.
6. May, except as otherwise provided by specific statute, adopt by regulation a schedule of fees and deposits to be charged in connection with the programs administered by him pursuant to chapters 348A and 349 of NRS. Except as so provided, the amount of any such fee or deposit must not exceed 2 percent of the principal amount of the financing.
7. May designate any person within the department to perform any of the duties or responsibilities, or exercise any of the authority, of the director on his behalf.
8. May negotiate and execute agreements with public or private entities which are necessary to the exercise of the powers and duties of the director or the department.
9. May establish a trust account in the state treasury for the purpose of depositing and accounting for money that is held in escrow or is on deposit with the department for the payment of any direct expenses incurred by the director in connection with any bond programs administered by the director. The interest and income earned on money in the trust account, less any amount deducted to pay for applicable charges, must be credited to the trust account. Any balance remaining in the account at the end of a fiscal year may be:
(a) Carried forward to the next fiscal year for use in covering the expense for which it was originally received; or
(b) Returned to any person entitled thereto in accordance with agreements or regulations of the director pertaining to such bond programs.
Sec. 138. NRS 268.097 is hereby amended to read as follows:
2. The governing body of any incorporated city in this state, whether incorporated by general or special act, or otherwise, may fix, impose and collect a license tax on and from a taxicab motor carrier for revenue purposes only.
3. The governing body of any incorporated city in any county in which the provisions of NRS [706.8811] 706.88185 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act do not apply, whether incorporated by general or special act, or otherwise, may regulate by ordinance the qualifications required of employees or lessees of a taxicab motor carrier in a manner consistent with the regulations adopted by the transportation services authority.
Sec. 139. NRS 289.320 is hereby amended to read as follows:
1. [Chapters 706 and 712] Chapter 706 of NRS and all regulations of the transportation services authority or the department of motor vehicles and public safety pertaining thereto; and
2. Chapter 482 of NRS and NRS 483.230, 483.350 and 483.530 to 483.620, inclusive, for the purposes of carrying out the provisions of chapter 706 of NRS.
Sec. 140. NRS 362.120 is hereby amended to read as follows:
2. The gross yield must include the value of any mineral extracted which was:
(a) Sold;
(b) Exchanged for any thing or service;
(c) Removed from the state in a form ready for use or sale; or
(d) Used in a manufacturing process or in providing a service,
during the period covered by the statement.
3. The net proceeds are ascertained and determined by subtracting from the gross yield the following deductions for costs incurred during that period, and none other:
(a) The actual cost of extracting the mineral.
(b) The actual cost of transporting the mineral to the place or places of reduction, refining and sale.
(c) The actual cost of reduction, refining and sale.
(d) The actual cost of marketing and delivering the mineral and the conversion of the mineral into money.
(e) The actual cost of maintenance and repairs of:
(1) All machinery, equipment, apparatus and facilities used in the mine.
(2) All milling, refining, smelting and reduction works, plants and facilities.
(3) All facilities and equipment for transportation except those that are under the jurisdiction of the public utilities commission of Nevada. [or the transportation services authority.]
(f) The actual cost of fire insurance on the machinery, equipment, apparatus, works, plants and facilities [mentioned] set forth in paragraph (e).
(g) Depreciation of the original capitalized cost of the machinery, equipment, apparatus, works, plants and facilities [mentioned] set forth in paragraph (e). The annual depreciation charge consists of amortization of the original cost in a manner prescribed by regulation of the Nevada tax commission. The probable life of the property represented by the original cost must be considered in computing the depreciation charge.
(h) All money expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for all employees.
(i) All money paid as contributions or payments under the unemployment compensation law of the State of Nevada, as contained in chapter 612 of NRS, all money paid as contributions under the Social Security Act of the Federal Government, and all money paid to either the State of Nevada or the Federal Government under any amendment to either or both of the statutes [mentioned] set forth in this paragraph.
(j) The actual cost of developmental work in or about the mine or upon a group of mines when operated as a unit.
(k) All money paid as royalties by a lessee or sublessee of a mine or well, or by both, in determining the net proceeds of the lessee or sublessee, or both.
4. Royalties deducted by a lessee or sublessee constitute part of the net proceeds of the minerals extracted, upon which a tax must be levied against the person to whom the royalty has been paid.
5. Every person acquiring property in the State of Nevada to engage in the extraction of minerals and who incurs any of the expenses [mentioned] set forth in subsection 3 shall report those expenses and the recipient of any royalty to the department on forms provided by the department.
6. The several deductions [mentioned] set forth in subsection 3 do not include any expenditures for salaries, or any portion of salaries, of any person not actually engaged in:
(a) The working of the mine;
(b) The operating of the mill, smelter or reduction works;
(c) The operating of the facilities or equipment for transportation;
(d) Superintending the management of any of those operations; or
(e) The State of Nevada, in office, clerical or engineering work necessary or proper in connection with any of those operations.
Sec. 141. NRS 373.117 is hereby amended to read as follows:
2. A regional transportation commission may lease vehicles to or from or enter into other contracts with a private operator for the provision of such a system.
3. In a county whose population is less than 400,000, such a system may also provide service which includes:
(a) Minor deviations from regular routes and fixed schedules on a recurring basis to serve the public transportation needs of passengers. The deviations must not exceed one-half mile from the regular routes.
(b) The transporting of persons upon request without regard to regular routes or fixed schedules, if the service is provided by a common motor carrier. [which has a certificate of public convenience and necessity issued by the transportation services authority pursuant to NRS 706.386 to 706.411, inclusive, and the service is subject to the rules and regulations adopted by the transportation services authority for a fully regulated carrier.]
4. Notwithstanding the provisions of chapter 332 of NRS or NRS 625.530, a regional transportation commission may utilize a turnkey procurement process to select a person to design, build, operate and maintain, or any combination thereof, a fixed guideway system, including, without limitation, any minimum operable segment thereof. The commission shall determine whether to utilize turnkey procurement for a fixed guideway project before the completion of the preliminary engineering phase of the project. In making that determination, the commission shall evaluate whether turnkey procurement is the most cost effective method of constructing the project on schedule and in satisfaction of its transportation objectives.
5. Notwithstanding the provisions of chapter 332 of NRS, a regional transportation commission may utilize a competitive negotiation procurement process to procure rolling stock for a fixed guideway project. The award of a contract under such a process must be made to the person whose proposal is determined to be the most advantageous to the commission, based on price and other factors specified in the procurement documents.
6. If a commission develops a fixed guideway project, the department of transportation is hereby designated to serve as the oversight agency to ensure compliance with the federal safety regulations for rail fixed guideway systems set forth in 49 C.F.R. Part 659.
7. As used in this section:
(a) [“Fully regulated carrier” means a common carrier or contract carrier of passengers or household goods who is required to obtain from the transportation services authority a certificate of public convenience and necessity or a contract carrier’s permit and whose rates, routes and services are subject to regulation by the transportation services authority.
(b)] “Minimum operable segment” means the shortest portion of a fixed guideway system that is technically capable of providing viable public transportation between two end points.
[(c)] (b) “Public transit system” means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, operated for public use in the conveyance of persons.
[(d)] (c) “Turnkey procurement” means a competitive procurement process by which a person is selected by a regional transportation commission, based on evaluation criteria established by the commission, to design, build, operate and maintain, or any combination thereof, a fixed guideway system, or a portion thereof, in accordance with performance criteria and technical specifications established by the commission.
Sec. 142. NRS 377A.140 is hereby amended to read as follows:
[(a)] 1. Programs to reduce or manage motor vehicle traffic; and
[(b)] 2. Any other services for a public transit system which are requested by the general public,
if those additional services are included and described in a long-range plan adopted pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.
[2. Before a regional transportation commission may provide for an on-call public transit system in an area of the county, the commission must receive a determination from the transportation services authority that:
(a) There are no common motor carriers of passengers who are authorized to provide on-call operations for transporting passengers in that area; or
(b) Although there are common motor carriers of passengers who are authorized to provide oncall operations for transporting passengers in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, those operations.
3. As used in this section:
(a) “Common motor carrier of passengers” has the meaning ascribed to it in NRS 706.041.
(b) “On-call public transit system” means a system established to transport passengers only upon the request of a person who needs transportation.]
Sec. 143. NRS 392.330 is hereby amended to read as follows:
(a) Arranging and paying for transportation, in accordance with subsection 2, by motor vehicles or otherwise, by contract or such other arrangement as the board of trustees finds most economical, expedient and feasible and for the best interests of the school district.
(b) Purchasing tickets at reduced rates for the transportation of pupils, including, without limitation, homeless pupils, on public buses for use by pupils enrolled in middle school, junior high school and high school to travel to and from school.
2. Transportation may be arranged and contracted for by a board of trustees with:
(a) Any railroad company holding a certificate of public convenience and necessity issued by the public utilities commission of Nevada [or] , a bus company or other [licensed] common carrier. [holding a certificate of public convenience and necessity issued by the transportation services authority.]
(b) The owners and operators of private automobiles or other private motor vehicles, including parents of pupils who attend school and are entitled to transportation. When required by the board of trustees, every such private automobile or other private motor vehicle regularly transporting pupils must be insured in the amount required by regulation of the state board against the loss and damage described in subsection 2 of NRS 392.320.
Sec. 144. NRS 427A.070 is hereby amended to read as follows:
427A.070 1. The administrator shall:
(a) Subject to the approval of the director, adopt rules and regulations:
(1) Necessary to carry out the purposes of this chapter; and
(2) Establishing a program to subsidize the transportation by taxicab of the elderly and the permanently handicapped from money received pursuant to subsection [5] 7 of NRS 706.8825;
(b) Establish appropriate administrative units within the division;
(c) Appoint such personnel and prescribe their duties as he deems necessary for the proper and efficient performance of the functions of the division;
(d) Prepare and submit to the governor, through the director before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter;
(e) Make certification for disbursement of funds available for carrying out the purposes of this chapter; and
(f) Take such other action as may be necessary or appropriate for cooperation with public and private agencies and otherwise to carry out the purposes of this chapter.
2. The administrator may delegate to any officer or employee of the division such of his powers and duties as he finds necessary to carry out the purposes of this chapter.
Sec. 145. NRS 481.053 is hereby amended to read as follows:
481.053 1. The governor shall appoint the peace officers’ standards and training committee.
2. The committee consists of seven members, one appointed from Clark County, one from Washoe County, three from any other counties, one from category II peace officers and one from category III peace officers. Members serve terms of 2 years [from] after the date of appointment. Members serve without compensation but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees generally.
3. The governor shall make the appointments from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this state, category II peace officers and category III peace officers.
4. The committee shall:
(a) Meet at the call of the chairman, who must be elected by the members of the committee.
(b) Provide for and encourage the training and education of peace officers in order to improve the system of criminal justice.
(c) Adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers.
(d) Make necessary inquiries to determine whether agencies of the state and of local governments are complying with standards set forth in its regulations.
(e) Carry out the duties required of the committee pursuant to NRS 432B.610 and 432B.620.
5. Regulations adopted by the committee:
(a) Apply to all agencies of the state and of local governments which employ persons as peace officers;
(b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children; and
(c) May require that training be carried on at institutions which it approves in those regulations.
6. The director may adopt regulations necessary for the operation of the committee and the enforcement of laws administered by the committee.
7. As used in this section:
(a) “Category II peace officer” means:
(1) The bailiff of the supreme court;
(2) The bailiffs of the district courts, justices’ courts and municipal courts whose duties require them to carry weapons and make arrests;
(3) Constables and their deputies whose official duties require them to carry weapons and make arrests;
(4) Inspectors employed by the transportation services authority who exercise those powers of enforcement conferred by [chapters 706 and 712] chapter 706 of NRS;
(5) Parole and probation officers;
(6) Special investigators who are employed full time by the office of any district attorney or the attorney general;
(7) Investigators of arson for fire departments who are specially designated by the appointing authority;
(8) The assistant and deputies of the state fire marshal;
(9) The brand inspectors of the division of agriculture of the department of business and industry who exercise the powers of enforcement conferred in chapter 565 of NRS;
(10) Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;
(11) School police officers employed by the board of trustees of any county school district;
(12) Agents of the state gaming control board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
(13) Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.048;
(14) Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.0481;
(15) Legislative police officers of the State of Nevada;
(16) The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140;
(17) Parole counselors of the division of child and family services of the department of human resources;
(18) Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada or by a department of family, youth and juvenile services established pursuant to NRS 62.1264 whose official duties require them to enforce court orders on juvenile offenders and make arrests;
(19) Field investigators of [the] a taxicab authority;
(20) Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests; and
(21) The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department.
(b) “Category III peace officer” means peace officers whose authority is limited to correctional services, and includes the superintendents and correctional officers of the department of prisons.
Sec. 146. NRS 482.3963 is hereby amended to read as follows:
(a) Is not subject to the provisions of NRS 482.390 and 482.395;
(b) Is not currently registered in this state, another state or a foreign country; and
(c) Is operated at the vehicle’s unladen weight.
2. The department shall charge $10 for such a temporary permit, in addition to all other applicable fees and taxes.
3. Such a temporary permit must:
(a) Bear the date of its expiration;
(b) Expire at 5 p.m. on the 15th day after its date of issuance;
(c) Be affixed to the vehicle in a manner prescribed by the department; and
(d) Be removed and destroyed upon its expiration or upon the issuance of a certificate of registration for the vehicle, whichever occurs first.
4. As used in this section, “carrier” means a common motor carrier of passengers as defined in NRS 706.041, a common motor carrier of property as defined in NRS 706.046, a contract motor carrier as defined in NRS 706.051, [or] a private motor carrier of property as defined in NRS 706.111[.] , a taxicab motor carrier as defined in NRS 706.126, or a limousine motor carrier as defined in section 5 of this act.
Sec. 147. NRS 483.160 is hereby amended to read as follows:
2. “School bus” does not include a passenger car operated under a contract to transport children to and from school, a common carrier or commercial vehicle under the jurisdiction of the Surface Transportation Board [or the transportation services authority] when such a vehicle is operated in the regular conduct of its business in interstate or intrastate commerce within the State of Nevada.
Sec. 148. NRS 484.148 is hereby amended to read as follows:
2. “School bus” does not include a passenger car operated under a contract to transport children to and from school, a common carrier or commercial vehicle under the jurisdiction of the Surface Transportation Board [or the transportation services authority] when such a vehicle is operated in the regular conduct of its business in interstate or intrastate commerce within the State of Nevada.
Sec. 149. NRS 487.038 is hereby amended to read as follows:
(a) A sign is displayed in plain view on the property declaring public parking to be prohibited or restricted in a certain manner; and
(b) The sign shows the telephone number of the police department or sheriff’s office.
2. Oral notice must be given to the police department or sheriff’s office, whichever is appropriate, indicating:
(a) The time the vehicle was removed;
(b) The location from which the vehicle was removed; and
(c) The location to which the vehicle was taken.
3. Any vehicle which is parked in a space designated for the handicapped and is not properly marked for such parking may be removed if notice is given to the police department or sheriff’s office pursuant to subsection 2, whether or not a sign is displayed pursuant to subsection 1.
4. The owner or person in lawful possession of residential real property upon which a single-family dwelling is located may, after giving notice pursuant to subsection 2, utilize the services of any [tow car] operator of a tow car subject to the jurisdiction of the transportation services authority to remove any vehicle parked in an unauthorized manner on that property to the nearest public garage or storage yard, whether or not a sign is displayed pursuant to subsection 1.
5. All costs incurred, under the provisions of this section, for towing and storage must be borne by the owner of the vehicle, as that term is defined in NRS 484.091.
6. The provisions of this section do not limit or affect any rights or remedies which the owner or person in lawful possession of real property may have by virtue of other provisions of the law authorizing the removal of a vehicle parked on that property.
Sec. 150. NRS 565.040 is hereby amended to read as follows:
565.040 1. The administrator may declare any part of this state a brand inspection district.
2. After the creation of any brand inspection district as authorized by this chapter all animals within any such district are subject to brand inspection in accord with the terms of this chapter before:
(a) Consignment for slaughter within any district;
(b) Any transfer of ownership by sale or otherwise; or
(c) Removal from the district if the removal is not authorized pursuant to a livestock movement permit issued by the division.
3. Whenever a brand inspection district is created by the division pursuant to the provisions of this chapter, the administrator shall adopt and issue regulations defining the boundaries of the district, the fees to be collected for brand inspection, and prescribing such other rules or methods of procedure not inconsistent with the provisions of this chapter as he deems wise.
4. Any regulations issued pursuant to the provisions of this section must be published at least twice in some newspaper having a general circulation in the brand inspection district created by the regulations, [and copies of the regulations must be mailed to all common carriers of record with the transportation services authority operating in the brand inspection district,] which publication and notification constitutes legal notice of the creation of the brand inspection district. The expense of advertising and notification must be paid from the livestock inspection account.
Sec. 151. NRS 599B.010 is hereby amended to read as follows:
599B.010 As used in this chapter, unless the context otherwise requires:
1. “Chance promotion” means any plan in which premiums are distributed by random or chance selection.
2. “Commissioner” means the commissioner of consumer affairs.
3. “Consumer” means a person who is solicited by a seller or salesman.
4. “Division” means the consumer affairs division of the department of business and industry.
5. “Donation” means a promise, grant or pledge of money, credit, property, financial assistance or other thing of value given in response to a solicitation by telephone, including, but not limited to, a payment or promise to pay in consideration for a performance, event or sale of goods or services. The term does not include volunteer services, government grants or contracts or a payment by members of any organization of membership fees, dues, fines or assessments or for services rendered by the organization to those persons, if:
(a) The fees, dues, fines, assessments or services confer a bona fide right, privilege, professional standing, honor or other direct benefit upon the member; and
(b) Membership in the organization is not conferred solely in consideration for making a donation in response to a solicitation.
6. “Goods or services” means any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value.
7. “Premium” includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase.
8. “Recovery service” means a business or other practice whereby a person represents or implies that he will, for a fee, recover any amount of money that a consumer has provided to a seller or salesman pursuant to a solicitation governed by the provisions of this chapter.
9. “Salesman” means any person:
(a) Employed or authorized by a seller to sell, or to attempt to sell, goods or services by telephone;
(b) Retained by a seller to provide consulting services relating to the management or operation of the seller’s business; or
(c) Who communicates on behalf of a seller with a consumer:
(1) In the course of a solicitation by telephone; or
(2) For the purpose of verifying, changing or confirming an order,
except that a person is not a salesman if his only function is to identify a consumer by name only and he immediately refers the consumer to a salesman.
10. Except as otherwise provided in subsection 11, “seller” means any person who, on his own behalf, causes or attempts to cause a solicitation by telephone to be made through the use of one or more salesmen or any automated dialing announcing device under any of the following circumstances:
(a) The person initiates contact by telephone with a consumer and represents or implies:
(1) That a consumer who buys one or more goods or services will receive additional goods or services, whether or not of the same type as purchased, without further cost, except for actual postage or common carrier charges;
(2) That a consumer will or has a chance or opportunity to receive a premium;
(3) That the items for sale are gold, silver or other precious metals, diamonds, rubies, sapphires or other precious stones, or any interest in oil, gas or mineral fields, wells or exploration sites or any other investment opportunity;
(4) That the product offered for sale is information or opinions relating to sporting events;
(5) That the product offered for sale is the services of a recovery service; or
(6) That the consumer will receive a premium, or goods or services if he makes a donation;
(b) The solicitation by telephone is made by the person in response to inquiries from a consumer generated by a notification or communication sent or delivered to the consumer that represents or implies:
(1) That the consumer has been in any manner specially selected to receive the notification or communication or the offer contained in the notification or communication;
(2) That the consumer will receive a premium if the recipient calls the person;
(3) That if the consumer buys one or more goods or services from the person, the consumer will also receive additional or other goods or services, whether or not the same type as purchased, without further cost or at a cost that the person represents or implies is less than the regular price of the goods or services;
(4) That the product offered for sale is the services of a recovery service; or
(5) That the consumer will receive a premium or goods or services if he makes a donation; or
(c) The solicitation by telephone is made by the person in response to inquiries generated by advertisements that represent or imply that the person is offering to sell any:
(1) Gold, silver or other metals, including coins, diamonds, rubies, sapphires or other stones, coal or other minerals or any interest in oil, gas or other mineral fields, wells or exploration sites, or any other investment opportunity;
(2) Information or opinions relating to sporting events; or
(3) Services of a recovery service.
11. “Seller” does not include:
(a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales or purchases within the scope of his license.
(b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or 696A of NRS when soliciting sales within the scope of his license.
(c) A person licensed as an insurance broker, agent or solicitor when soliciting sales within the scope of his license.
(d) Any solicitation of sales made by the publisher of a newspaper or magazine or by an agent of the publisher pursuant to a written agreement between the agent and publisher.
(e) A broadcaster soliciting sales who is licensed by any state or federal authority, if the solicitation is within the scope of the broadcaster’s license.
(f) A person who solicits a donation from a consumer when:
(1) The person represents or implies that the consumer will receive a premium or goods or services with an aggregated fair market value of 2 percent of the donation or $50, whichever is less; or
(2) The consumer provides a donation of $50 or less in response to the solicitation.
(g) A charitable organization which is registered or approved to conduct a lottery pursuant to chapter 462 of NRS.
(h) A public utility [or] , taxicab motor carrier or limousine motor carrier which is regulated pursuant to chapter 704 or 706 of NRS, or [by] an affiliate of such a utility or [motor] carrier, if the solicitation is within the scope of its certificate or [license.] permit.
(i) A utility which is regulated pursuant to chapter 710 of NRS, or [by] an affiliate of such a utility.
(j) A person soliciting the sale of books, recordings, video cassettes, software for computer systems or similar items through:
(1) An organization whose method of sales is governed by the provisions of Part 425 of Title 16 of the Code of Federal Regulations relating to the use of negative option plans by sellers in commerce;
(2) The use of continuity plans, subscription arrangements, arrangements for standing orders, supplements, and series arrangements pursuant to which the person periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received; or
(3) An arrangement pursuant to which the person ships merchandise to a consumer who has consented in advance to receive the merchandise and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received.
(k) A person who solicits sales by periodically publishing and delivering a catalog to consumers if the catalog:
(1) Contains a written description or illustration of each item offered for sale and the price of each item;
(2) Includes the business address of the person;
(3) Includes at least 24 pages of written material and illustrations;
(4) Is distributed in more than one state; and
(5) Has an annual circulation by mailing of not less than 250,000.
(l) A person soliciting without the intent to complete and who does not complete, the sales transaction by telephone but completes the sales transaction at a later face-to-face meeting between the solicitor and the consumer, if the person, after soliciting a sale by telephone, does not cause another person to collect the payment from or deliver any goods or services purchased to the consumer.
(m) Any commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer subject to regulation by an official or agency of this state or of the United States, if the solicitation is within the scope of the certificate or license held by the entity.
(n) A person holding a certificate of authority issued pursuant to chapter 452 of NRS when soliciting sales within the scope of the certificate.
(o) A person licensed pursuant to chapter 689 of NRS when soliciting sales within the scope of his license.
(p) A person soliciting the sale of services provided by a community antenna television company subject to regulation pursuant to chapter 711 of NRS.
(q) A person soliciting the sale of agricultural products, if the solicitation is not intended to and does not result in a sale of more than $100 that is to be delivered to one address. As used in this paragraph, “agricultural products” has the meaning ascribed to it in NRS 587.290.
(r) A person who has been operating, for at least 2 years, a retail business establishment under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis:
(1) Goods are displayed and offered for sale or services are offered for sale and provided at the person’s business establishment; and
(2) At least 50 percent of the person’s business involves the buyer obtaining such goods or services at the person’s business establishment.
(s) A person soliciting only the sale of telephone answering services to be provided by the person or his employer.
(t) A person soliciting a transaction regulated by the Commodity Futures Trading Commission, if:
(1) The person is registered with or temporarily licensed by the Commission to conduct that activity pursuant to the Commodity Exchange Act, [(]7 U.S.C. §§ 1 et seq. ; [);] and
(2) The registration or license has not expired or been suspended or revoked.
(u) A person who contracts for the maintenance or repair of goods previously purchased from the person:
(1) Making the solicitation; or
(2) On whose behalf the solicitation is made.
(v) A person to whom a license to operate an information service or a nonrestricted gaming license, which is current and valid, has been issued pursuant to chapter 463 of NRS when soliciting sales within the scope of his license.
(w) A person who solicits a previous customer of the business on whose behalf the call is made if the person making the call:
(1) Does not offer the customer any premium in connection with the sale;
(2) Is not selling an investment or an opportunity for an investment that is not registered with any state or federal authority; and
(3) Is not regularly engaged in telephone sales.
(x) A person who solicits the sale of livestock.
(y) An issuer which has a class of securities that is listed on the New York Stock Exchange, the American Stock Exchange or the National Market System of the National Association of Securities Dealers Automated Quotation System.
(z) A subsidiary of an issuer that qualifies for exemption pursuant to paragraph (y) if at least 60 percent of the voting power of the shares of the subsidiary is owned by the issuer.
Sec. 152. NRS 706.018, 706.021, 706.056, 706.072, 706.1512, 706.1514, 706.158, 706.168, 706.266, 706.282, 706.356, 706.371, 706.391, 706.396, 706.421, 706.426, 706.431, 706.436, 706.442, 706.443, 706.471, 706.476, 706.6411, 706.749, 706.8811, 706.8812, 706.8813, 706.8814, 706.8816, 706.8817, 706.8818, 706.8828, 712.010, 712.020, 712.030, 712.040, 712.050, 712.060, 712.070, 712.080 and 712.090 are hereby repealed.
Sec. 153. Any regulations relating to liability insurance adopted by the transportation services authority pursuant to NRS 706.291, 706.303 or 706.305, or the taxicab authority created pursuant to former NRS 706.8818, remain in force until amended by the department of motor vehicles and public safety. On and after July 1, 1999, such regulations must be enforced by the department of motor vehicles and public safety.
Sec. 154. On July 1, 1999, the transportation services authority and the taxicab authority created pursuant to former NRS 706.8818 shall forward to the department of motor vehicles and public safety all liability insurance policies, certificates of insurance, bonds of a surety company and other surety which have been filed with the transportation services authority and the taxicab authority created pursuant to former NRS 706.8818.
Sec. 155. 1. Except to the extent of any inconsistency with the provisions of chapter 706 of NRS, any regulation adopted by the transportation services authority remains in effect in the counties which were not otherwise subject to the jurisdiction of the taxicab authority created pursuant to former NRS 706.8818 until the date on which the regulations adopted by the taxicab authority for northern Nevada pursuant to section 157 of this act become effective. The regulations of the transportation services authority must be enforced by the taxicab authority for northern Nevada during the period between July 1, 1999, and the date on which the regulations adopted by the taxicab authority for northern Nevada pursuant to section 157 of this act become effective.
2. Any contracts or other agreements entered into on or before June 30, 1999, by the transportation services authority relating to the taxicab or limousine business are binding upon the taxicab authority which has jurisdiction over the taxicabs or limousines that are subject to the provisions of the contracts or other agreements. Such contracts and agreements may be enforced by the taxicab authority for northern Nevada.
Sec. 156. 1. Except to the extent of any inconsistency with the provisions of chapter 706 of NRS, any regulation adopted by the taxicab authority created pursuant to former NRS 706.8818 remains in force in the county which was subject to the jurisdiction of that taxicab authority until the date on which the regulations adopted by the taxicab authority for southern Nevada pursuant to section 157 of this act become effective. The regulations of the taxicab authority created pursuant to former NRS 706.8818 must be enforced by the taxicab authority for southern Nevada during the period between July 1, 1999, and the date on which the regulations adopted by the taxicab authority for southern Nevada pursuant to section 157 of this act become effective.
2. Any contracts or other agreements entered into on or before June 30, 1999, by the taxicab authority created pursuant to former NRS 706.8818 are binding upon the taxicab authority for southern Nevada. Such contracts and agreements may be enforced by the taxicab authority for southern Nevada.
Sec. 157. Not later than October 1, 1999, the taxicab authority for southern Nevada and the taxicab authority for northern Nevada shall adopt such regulations as are necessary to carry out the provisions of NRS 706.881 to 706.885, inclusive, and sections 12 to 21, inclusive, of this act.
Sec. 158. The board of county commissioners for each county required to enact an ordinance pursuant to sections 20 and 21 of this act, relating to the regulation of taxicab motor carriers and limousine motor carriers that are based and primarily operate within the jurisdiction of the board of county commissioners shall enact such an ordinance not later than October 1, 1999. The ordinance must become effective on October 1, 1999.
Sec. 159. 1. Notwithstanding any specific statute to the contrary, the terms of office of all members of the taxicab authority created pursuant to NRS 706.8818 expire on June 30, 1999.
2. Not later than July 1, 1999, the governor shall appoint five persons as members of the taxicab authority for southern Nevada, whose terms commence on July 1, 1999. Notwithstanding the provisions of section 12 of this act to the contrary, for the initial terms of the members of the taxicab authority for southern Nevada, the governor shall appoint:
(a) Three members to 4-year terms; and
(b) Two members to 3-year terms.
Sec. 160. 1. Not later than July 1, 1999, the governor shall appoint three persons as members of the taxicab authority for northern Nevada, whose terms commence on July 1, 1999.
2. Notwithstanding the provisions of section 13 of this act to the contrary, for the initial terms of the members of the taxicab authority for northern Nevada, the governor shall appoint, in addition to the appointment of the sheriff of a county whose population is 100,000 or more but less than 400,000:
(a) One member to a 4-year term; and
(b) One member to a 3-year term.
Sec. 161. On October 1, 1999, the state controller shall transfer all assets and liabilities from the taxicab authority fund abolished pursuant to section 118 of this act to the taxicab authority regulatory fund for southern Nevada created pursuant to section 118 of this act.
Sec. 162. The taxicab authority created pursuant to NRS 706.8818 and the transportation services authority shall cooperate fully and take all reasonable steps before July 1, 1999, to ensure that the provisions of this act are carried out in an orderly fashion.
Sec. 162.5. The amendatory provisions of section 15.5 of this act do not apply to offenses that were committed before July 1, 1999.
Sec. 163. 1. This section and sections 159, 160 and 162 of this act become effective upon passage and approval.
2. Sections 1 to 75, inclusive, 77 to 142, inclusive, 144 to 158, inclusive, 161, 162.5 and 164 of this act become effective on July 1, 1999.
3. Sections 76 and 143 of this act become effective at 12:01 a.m. on July 1, 1999.
Sec. 164. Sections 17, 18 and 19 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:
1. Have failed to comply with a subpoena or warrant relating to a proceeding 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.
LEADLINES OF REPEALED SECTIONS
706.021 “Broker” defined.
706.056 “Converter gear dolly” defined.
706.072 “Fully regulated carrier” defined.
706.1512 Authority: Designation of chairman by governor; executive officer; members in unclassified service of state.
706.158 Inapplicability of provisions governing brokers to motor clubs and charitable organizations.
706.168 Supervision of motor carriers separate from supervision of brokers.
706.266 Intrastate motor carriers required to furnish information to authority.
706.282 Duty of fully regulated carrier that advertises to provide to person who publishes or distributes advertisement of certain information regarding natural person who requested advertisement; duty of person who publishes or distributes advertisement of fully regulated carrier to provide certain information to authority.
706.356 Certain free transportation prohibited.
706.371 Powers of authority to regulate contract motor carriers.
706.391 Hearing on application; conditions for issuance; power of authority to dispense with hearing.
706.396 Effect of denial of certificate.
706.421 Contract motor carrier must obtain permit from commission.
706.426 Application for permit: Contents and form.
706.436 Effect of denial of permit.
706.443 Enforcement of provisions of NRS 706.442 by authority; regulations.
706.471 Annual fee; penalty and interest.
706.476 Impoundment by authority of vehicle in unauthorized use as taxicab; notice and hearing; administrative fine.
706.6411 Procedure; limitation on transfer of stock of corporate motor carriers other than operators of tow cars.
706.8811 Definitions.
706.8812 “Administrator” defined.
706.8813 “Certificate holder” defined.
706.8818 Appointment, number, qualifications and compensation of members; principal office; regulations.
712.010 Short title.
712.020 Legislative declaration.
712.030 “Storage of household goods and effects” defined.
712.040 Permit for warehouse required.
712.050 Requirements for permit; grounds for revocation; fee; penalty.
712.060 Inspection by transportation services authority.
712.070 Rules and regulations of transportation services authority.
712.080 Disciplinary proceedings; judicial review.
Amend the title of the bill to read as follows:
“AN ACT relating to transportation; providing for the deregulation of common motor carriers and other entities, other than operators of tow cars, regulated by the transportation services authority; abolishing the taxicab authority; creating taxicab authorities for certain counties and defining their duties; providing for the regulation of taxicab motor carriers and limousine motor carriers; transferring responsibility relating to requirements for liability insurance for common and contract motor carriers, taxicab motor carriers and limousine motor carriers to the department of motor vehicles and public safety; increasing certain fees; prohibiting certain acts; providing penalties; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes relating to regulation of common and contract motor carriers, operators of tow cars, taxicab motor carriers and limousine motor carriers. (BDR 58‑1606)”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Conflict of interest declared by Senator Care.
Amendment adopted.
Senator O’Donnell moved that Senate Bill No. 491 be re-referred to the Committee on Finance upon return from reprint.
Remarks by Senator O’Donnell.
Motion carried.
Bill ordered reprinted, engrossed and re-referred to the Committee on Finance.
Senate Bill No. 391.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 699.
Amend the bill as a whole by renumbering section 1 as sec. 16 and adding new sections designated sections 1 through 15, following the enacting clause, to read as follows:
Sec. 2. “Average residential density” means the number of lots intended for residential dwelling units within the boundaries of a subdivided or developed area, divided by the total number of acres within the boundaries of the subdivision or developed area.
Sec. 3. “Coalition” means the regional planning coalition created pursuant to section 11 of this act.
Sec. 4. “Infrastructure” or “public facilities” means water, sanitary sewer, storm sewer, streets, parks, fire, police and flood protection.
Sec. 5. “Master development agreement” means a written agreement:
1. Between a governing body and a person who has a legal or equitable interest in land that is entered into upon the application of the person who wishes to develop that land;
2. To enable the governing body to distribute equitably the costs to develop infrastructure for an area of land that is largely undeveloped; and
3. That is based on an analysis of the need for infrastructure that is prepared pursuant to section 12 of this act.
Sec. 6. “Residential dwelling unit” has the meaning ascribed to it in NRS 278.4977.
Sec. 7. “Rural preservation neighborhood” means a subdivided or developed area:
1. Which consists of 10 or more residential dwelling units;
2. Where the outer boundary of each lot that is used for residential purposes is not more than 330 feet from the outer boundary of any other lot that is used for residential purposes;
3. Which has no more than two residential dwelling units per acre; and
4. Which allows residents to raise animals noncommercially.
Sec. 8. “Used for residential purposes” means a lot or parcel of land that is 5 acres or less in area and contains a residential dwelling unit of a permanent nature.
Sec. 9. 1. In a county with a population of 400,000 or more, the governing body shall take such actions as are necessary and appropriate to ensure that the rural character of each rural preservation neighborhood is preserved.
2. Unless a rural preservation neighborhood is located within 330 feet of an existing or proposed street or highway that is more than 99 feet wide, the governing body shall, to the extent practicable, adopt any zoning regulation or restriction that is necessary to:
(a) Maintain the rural character of the area developed as a low density residential development;
(b) Except as otherwise provided in subsection 4, ensure that the average residential density for that portion of the zoning request that is located within 330 feet of a rural preservation neighborhood does not exceed two and one-half residential dwelling units per acre; and
(c) Provide adequate buffer areas, adequate screening and an orderly and efficient transition of land uses, excluding raising animals commercially or noncommercially.
3. The governing body may modify the standards for the development of infrastructure to maintain the rural character of the rural preservation neighborhood.
4. The governing body may, for good cause shown, allow a greater density or intensity of use when that use is less than 330 feet from a rural preservation neighborhood.
Sec. 10. The provisions of sections 11 to 14, inclusive, of this act apply only to counties whose population is 400,000 or more and cities located within those counties.
Sec. 11. The board of county commissioners and the city council of each of the four largest cities in the county shall establish a regional planning coalition by cooperative agreement pursuant to chapter 277 of NRS. The regional planning coalition may:
1. Develop policies for the region, including, without limitation, the promotion of orderly development, coordinated land use planning and the efficient provision of services to urban areas, including, without limitation, roads, water and sewer service, police and fire protection, mass transit, libraries and parks;
2. Coordinate sources of information;
3. Establish standardized projections for population;
4. Recommend measures to increase the efficiency of governmental entities and services;
5. Make recommendations regarding the disposal of federal land;
6. Establish methods for resolving disputes regarding annexation and other matters that arise between jurisdictions;
7. Periodically review the master plans adopted by the governing body of the county and each city; and
8. Periodically review the annual plan for capital improvements prepared by the governing body of each local government in the county pursuant to NRS 278.0226.
Sec. 12. 1. A governing body may establish, independently or in conjunction with another governing body, an analysis of the cost to construct infrastructure in an area which is relatively undeveloped and which is likely to become developed.
2. The analysis of the cost to construct infrastructure in an area that is relatively undeveloped must include, without limitation:
(a) A precise description of the area, either in the form of a legal description or by reference to roadways, lakes and waterways, railroads or similar landmarks, and township, county or city boundaries;
(b) An estimate of the expected total population of the area when the land becomes fully developed;
(c) An assessment of the infrastructure that will be necessary to support the area when it becomes fully developed according to the master plan adopted by the governing body pursuant to NRS 278.220; and
(d) A plan for the development of the infrastructure which includes, without limitation:
(1) The minimum requirements for the development of infrastructure as determined by the coalition;
(2) A plan to meet the anticipated needs of the area for police and fire protection, parks, roads, regional transportation and flood control facilities when the land becomes fully developed;
(3) An estimate of the date on which each phase of the development will occur;
(4) The manner in which the plan for the development of the infrastructure will be implemented; and
(5) An economic analysis of the cost to plan and develop fully the infrastructure for the area.
3. The governing body may, if it finds that the analysis of the projected need for infrastructure is consistent with the master plan, approve the analysis by ordinance.
4. The governing body may establish, independently or in conjunction with another governing body, a fee that would enable the governing body to distribute equitably the cost for the development of infrastructure in the area.
5. The governing body shall provide the necessary copies of the analysis to the coalition for review and information.
Sec. 13. A governing body may carry out the plan for infrastructure by negotiating master development agreements, independently or in conjunction with an interlocal agreement for the area.
Sec. 14. A master development agreement may include provisions to require the governing body to provide sources of revenue to pay a portion of the costs to develop the infrastructure, including, without limitation:
1. Fees collected by a governing body, including, without limitation, a residential construction tax for neighborhood parks; and
2. An improvement district for water, sewer, streets, parks or fire, police or flood protection.
Sec. 15. NRS 278.010 is hereby amended to read as follows:
Amend the bill as a whole by deleting sections 2 and 3 and adding new sections designated sections 17 and 18, following section 1, to read as follows:
“Sec. 17. NRS 278.250 is hereby amended to read as follows:
2. The zoning regulations must be adopted in accordance with the master plan for land use and be designed:
(a) To preserve the quality of air and water resources.
(b) To promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment.
(c) To provide for recreational needs.
(d) To protect life and property in areas subject to floods, landslides and other natural disasters.
(e) To conform to the adopted population plan, if required by NRS 278.170.
(f) To develop a timely, orderly and efficient arrangement of transportation and public facilities and services, including facilities and services for bicycles.
(g) To ensure that the development on land is commensurate with the character and the physical limitations of the land.
(h) To take into account the immediate and long-range financial impact of the application of particular land to particular kinds of development, and the relative suitability of the land for development.
(i) To promote health and the general welfare.
(j) To ensure the development of an adequate supply of housing for the community, including the development of affordable housing.
(k) To ensure the protection of existing neighborhoods and communities, including the protection of rural preservation neighborhoods.
3. The zoning regulations must be adopted with reasonable consideration, among other things, to the character of the area and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city, county or region.
Sec. 18. The provisions of section 9 of this act expire on June 1, 2004.”.
Amend the title of the bill to read as follows:
“AN ACT relating to land use planning; providing for the establishment of provisions to preserve the rural character and density of certain areas in larger counties; providing for a governing body to establish an analysis of the cost to construct infrastructure in certain areas; authorizing the governing body to assess a fee equitably among certain properties to develop the necessary infrastructure; authorizing the governing body to enter into agreements to carry out the plan for the development of infrastructure in certain areas; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Establishes provisions to preserve rural character of certain areas and to distribute equitably costs of developing infrastructure in certain areas. (BDR 22‑1197)”.
Senator Porter moved the adoption of the amendment.
Remarks by Senator Porter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 477.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 691.
Amend section 1, pages 1 and 2, by deleting line 20 on page 1 and lines 1 through 7 on page 2, and inserting:
“2. The tax imposed pursuant to this section must:
(a) Be in addition to all other taxes imposed on the revenue from the rental of transient lodging in Washoe County and the incorporated cities in Washoe County;
(b) Be collected and enforced in the same manner as provided for the collection of the tax imposed by NRS 244.3352;
(c) Be paid to the Reno/Sparks Convention and Visitors Authority, which shall distribute the proceeds from the tax in the manner set forth in section 2 of this act; and
(d) Not be collected after the date on which the notes, bonds and other obligations described in subsection 2 of section 2 of this act have been fully paid.”.
Amend sec. 2, page 2, by deleting lines 11 through 32 and inserting:
“Sec. 2. The proceeds of the tax imposed pursuant to section 1 of this act and any applicable penalty or interest must be distributed as follows:
1. An amount equal to:
(a) Two-thirds of the proceeds collected in:
(1) The incorporated area of Washoe County; and
(2) Each incorporated city in Washoe County, except in the district described in NRS 268.780 to 268.785, inclusive; and
(b) All of the proceeds collected in the district described in NRS 268.780 to 268.785, inclusive,
must be used by the Reno/Sparks Convention and Visitors Authority to support the expansion and remodeling of the Reno/Sparks Convention Center.
2. The additional sum of $1,500,000 and, beginning June 1, 2000, and each year thereafter, an additional amount equal to $1,500,000 multiplied by the percentage by which the proceeds of the tax imposed pursuant to section 1 of this act increased during the immediately preceding 12-month period, if any, must be used as follows:
(a) Two-thirds for the marketing and promotion of tourism as approved by the Reno/Sparks Convention and Visitors Authority; and
(b) One-third for the support of the National Bowling Stadium,
until such time as the Truckee Meadows Tourism Facility and Revitalization Steering Committee identifies particular capital improvement projects pursuant to section 7 of this act. After the Truckee Meadows Tourism Facility and Revitalization Steering Committee identifies particular capital improvement projects pursuant to section 7 of this act, the money described in this subsection must, notwithstanding the provisions of NRS 279.619, be used to pay the principal and interest on notes, bonds or other obligations issued by the Reno Redevelopment Agency to fund the acquisition, establishment, construction or expansion of the projects so identified.
3. The remainder of the proceeds of the tax, if any, after the amounts described in subsections 1 and 2 are set aside for use pursuant to those subsections, must be distributed in the following manner:
(a) Two‑thirds to the Reno/Sparks Convention and Visitors Authority to support the expansion and remodeling of Reno/Sparks Convention Center.
(b) One‑third to be used as set forth in subsection 2.”.
Amend the bill as a whole by renumbering sections 3 and 4 as sections 6 and 7 and adding new sections designated sections 3, 4 and 5, following sec. 2, to read as follows:
“Sec. 3. 1. Except as otherwise provided in subsection 2, the Reno/Sparks Convention and Visitors Authority shall, until the date on which the notes, bonds and other obligations described in subsection 2 of section 2 of this act have been fully paid, grant 50 percent of the proceeds it receives from a tax imposed on the revenue from the rental of transient lodging which are collected in Incline Village and Crystal Bay to the Lake Tahoe Incline Village and Crystal Bay Visitors Bureau to be used for:
(a) The operation and maintenance of facilities; and
(b) The marketing and promotion of tourism in Incline Village and Crystal Bay.
2. The provisions of subsection 1 apply only to those proceeds from a tax imposed previously on the revenue from the rental of transient lodging which are available to the Reno/Sparks Convention and Visitors Authority to carry out its operations, including, without limitation, advertising and the promotion of tourism. The provisions of subsection 1 do not apply to those proceeds from a tax imposed on the revenue from the rental of transient lodging which the Reno/Sparks Convention and Visitors Authority is required by law to:
(a) Pay over or otherwise distribute to, in whole or in part, to another governmental entity; or
(b) Expend, pledge, use for or commit to a different purpose.
Sec. 4. 1. The City Council of the City of Sparks may by ordinance impose a tax at the rate of not more than 1 percent of the gross receipts from the rental of transient lodging in the City of Sparks.
2. A tax imposed pursuant to this section must be collected and enforced in the same manner as provided for the collection of the tax imposed by NRS 268.096.
3. A tax imposed pursuant to this section may be imposed in addition to all other taxes imposed on the revenue from the rental of transient lodging.
4. The proceeds of a tax imposed pursuant to this section and any applicable penalty or interest must be retained by the City of Sparks and used for the marketing and promotion of tourism in the City of Sparks in the manner determined by the Sparks Tourism and Marketing Committee.
5. As used in this section, “gross receipts from the rental of transient lodging” does not include the tax imposed or collected from paying guests pursuant to this section.
Sec. 5. 1. If the City Council of the City of Sparks imposes a tax pursuant to section 4 of this act, the City Council shall create the Sparks Tourism and Marketing Committee, consisting of three members, to determine the manner in which the proceeds from the tax must be used. The membership of the Committee consists of:
(a) Two members of the City Council of the City of Sparks, appointed by the City Council of the City of Sparks.
(b) One member who is a member of the Nevada Resort Association who represents a property in the City of Sparks, appointed by the City Council of the City of Sparks from a list submitted by the Nevada Resort Association.
2. The Committee shall elect a chairman from among its members.
3. A vacancy on the Committee must be filled in the same manner as the original appointment.
4. The Committee shall meet at least quarterly or by a call of the chairman or a majority of the members of the Committee.
5. Members of the Committee serve without compensation, except that while engaged in the business of the Committee, each member may be paid the per diem allowance and travel expenses provided for state officers and employees generally, as the budget of the Committee allows.”.
Amend sec. 3, page 3, by deleting lines 5 through 8 and inserting:
“3. A vacancy on the Committee must be filled in the same manner as the original appointment.”.
Amend sec. 4, page 3, by deleting lines 16 through 23 and inserting:
“Sec. 7. 1. The Truckee Meadows Tourism Facility and Revitalization Steering Committee shall develop a master plan which identifies:
(a) Proposed capital improvement projects that the Committee determines to be advisable to promote tourism in Washoe County; and
(b) The method or methods pursuant to which the proposed capital improvement projects identified in paragraph (a) will be financed.
2. Capital improvement projects identified pursuant to this section must be:
(a) Approved by a two-thirds vote of the members of the Committee; and
(b) Located in the district described in NRS 268.780 to 268.785, inclusive.”.
Amend the bill as a whole by renumbering sec. 5 as sec. 9 and adding a new section designated sec. 8, following sec. 4, to read as follows:
“Sec. 8. NRS 244A.601 is hereby amended to read as follows:
244A.601 1. In any county whose population is 100,000 or more, and less than 400,000, the county fair and recreation board consists of 12 members who are appointed as follows:
(a) Two members by the board of county commissioners.
(b) Two members by the governing body of the largest incorporated city in the county.
(c) One member by the governing body of the next largest incorporated city in the county.
(d) Except as otherwise provided in subsection 2, seven members by the members appointed pursuant to paragraphs (a), (b) and (c). The members entitled to vote shall select:
(1) One member who is a representative of air service interests from a list of nominees submitted by the Airport Authority of Washoe County. The nominees must not be elected officers.
(2) One member who is a representative of motel operators from a list of nominees submitted by one or more associations that represent the motel industry.
(3) One member who is a representative of banking or other financial interests from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county.
(4) One member who is a representative of other business or commercial interests from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county.
(5) Three members who are representatives of the association of gaming establishments whose membership collectively paid the most gross revenue fees to the state pursuant to NRS 463.370 in the county in the preceding year, from a list of nominees submitted by the association. If there is no such association, the three appointed members must be representative of gaming.
If the members entitled to vote find the nominees on a list of nominees submitted pursuant to this paragraph unacceptable, they shall request a new list of nominees.
2. The terms of members appointed pursuant to paragraphs (a), (b) and (c) of subsection 1 are coterminous with their terms of office. The members appointed pursuant to paragraph (d) of subsection 1 must be appointed for 2‑year terms. Any vacancy occurring on the board must be filled by the authority entitled to appoint the member whose position is vacant. Each member appointed pursuant to paragraph (d) of subsection 1 may succeed himself only once.
3. If a member ceases to be engaged in the business or occupation which he was appointed to represent, he ceases to be a member, and another person engaged in that business or occupation must be appointed for the unexpired term.
4. Any member appointed by the board of county commissioners or a governing body of a city must be a member of the appointing board or body.
5. If the duties of an officer or employee of the county fair and recreation board require the officer or employee to travel by air, the board:
(a) Shall pay only the cost required for the officer or employee to travel to and from the required destination on the regularly scheduled commercial air carrier having the lowest cost, in the class of service having the lowest cost.
(b) Shall not pay for the travel of a relative or spouse of the officer or employee or any other person who is not an officer or employee traveling as part of the duties of his position.”.
Amend sec. 5, page 3, by deleting line 24 and inserting:
“Sec. 9. This act becomes effective upon passage and approval for the purpose of authorizing any actions that are necessary to prepare for the collection of the taxes imposed and authorized by this act, including, without limitation, the adoption of the ordinance authorized by section 4 of this act, and on June 1, 1999, for all other purposes.”.
Amend the bill as a whole by adding a new section designated sec. 10, following sec. 5, to read as follows:
“Sec. 10. If any provision of this act, or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are hereby declared to be severable.”.
Amend the title of the bill by deleting the second line and inserting: “County to pay certain costs related to the promotion of tourism; requiring the Reno/Sparks Convention and Visitors Authority to grant to the Lake Tahoe Incline Village and Crystal Bay Visitors Bureau a certain percentage of the taxes collected from the rental of transient lodging in Incline Village and Crystal Bay to pay certain costs related to the promotion of tourism; authorizing the City Council of the City of Sparks to impose by ordinance a tax on the rental of transient lodging within the City of Sparks; imposing certain requirements with respect to air travel by officers and employees of certain county fair and recreation boards; and providing”.
Amend the summary of the bill, second line, by deleting “(BDR S‑1641)” and inserting “(BDR 20‑1641)”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Townsend, Coffin, Neal and Washington.
Senator Coffin requested that his remarks be entered in the Journal.
Thank you, Madam President, I am still reading the amendment in an attempt to digest and see if it tracks what we did in committee. I voted against the bill as amended in committee because Sparks City Council protested the bill and opposed the amendment. The bill and amendment did not return sufficient amount of funds to Sparks. They have a quarrel with the RSCVA on how the money is spent. They presented an amendment, but decided it would be difficult to pass their amendment to the bill and have it pass in this House. I feel someone should speak for Sparks from the committee. There may be others on the floor who live in Sparks or represent Sparks who might feel uncomfortable with what is being done to Sparks. Essentially, from what I recall from committee testimony, the representative, elected officials from Sparks were concerned about the fact they did not have adequate input into the advertising programs and not enough attention was paid to Sparks. Consequently, they were not getting their money’s worth for the taxes being collected in their jurisdiction.
In addition to that, there were problems out of the North Shore of Lake Tahoe which protested it wasn’t receiving enough money and wanted to apply some of the room tax to a light transportation system allowing people to be brought to the North Shore. There is no organized method of bringing business to the North Shore from the Reno-Tahoe Airport. In any event, we had two jurisdictions that felt they were being treated unfairly by the bill.
I can’t totally digest what is in the amendment. I do see the amendment contains the language the distinguished Senator from Washoe County wanted, having to do with travel. I did read the newspapers and did see they voted to travel differently in accordance with the Senator’s wishes. I am troubled by this, because I am worried that a private body, the RSCVA dominated by non-elected officials, would have such control over taxpayer money. It’s not that the people in authority are incompetent. They are good people. The majority of which are business people but they are not accountable to the voters of Washoe County and the citizens of Sparks and Incline Village. The project proposes to increase the debt of the area considerably. Yet, should the projects fail, the people who will be left “holding the bag” are the taxpayers who live there.
For those reasons and others, I felt they needed the majority of representation. That was a proposal presented by Sparks and rejected by the committee on a five-to-two vote. I have brought my minority vote to the floor on their behalf to indicate this amendment and subsequent bill would not address all of their concerns. I think we may be operating under the assumption that in order to make an omelet you have to break a few eggs. That is how it’s done up here. I don’t pretend to think I should tell Washoe County exactly how to run its business. We are not perfect in the Clark County area on how we run these affairs. However, I think we do have a majority of elected officials on our board. Our local elected officials receive the funds and disburse them. Up here, you don’t. I think there are difficulties here, also, in giving this much trust to a public body. I’m not at all sure the body is as stable as it may seem. I’m not sure that the amount of money that is projected to be generated by the tax increase will actually cover the debt that will be assumed. While I’m not asking someone to audit it, I think it might not pass an audit. Now in Clark County, there is a quarrel going on about the stability of our own convention and visitors authority. It relates to a political problem between, you might say, immovable objects and imposing forces. I think we are going to end up with audits. None is proposed that I know of here. I have a fear, and cannot prove it, that there will be a shortfall here on the bond debt service. We don’t have enough time to discuss this on the floor. We haven’t had a chance in committee to review the amendment. This is the way things happen at the end of the session. I am going to express my uneasiness by casting a “no” vote on this bill and hope that my fears are not realized. Thank you.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senator Raggio moved that the Senate recess until 4 p.m.
Motion carried.
Senate in recess at 2:25 p.m.
SENATE IN SESSION
At 4:57 p.m.
President Hunt presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that all rules be suspended, Senate Bills Nos. 32, 349, 384, 391, 419, 444, 477, 537, 544 be declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Senator Raggio.
Motion carried unanimously.
GENERAL FILE AND THIRD READING
Senate Bill No. 32.
Bill read third time.
Remarks by Senator Schneider.
Conflict of interest declared by Senators James and Porter.
Roll call on Senate Bill No. 32:
Yeas—19.
Nays—None.
Not Voting—James, Porter—2.
Senate Bill No. 32 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Wiener moved that Senate Bill No. 357 be taken from the Secretary’s desk and placed on General File.
Remarks by Senator Wiener.
Motion carried.
Senator Rhoads moved that Senate Bill No. 211 be taken from the Secretary’s desk and placed on General File.
Remarks by Senator Rhoads.
Motion carried.
Senator Rhoads moved that Senate Bill No. 12 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Rhoads.
Motion carried on a division of the house.
Senator O’Donnell moved that Senate Bill No. 444 be placed immediately after Senate Bill No. 211.
Motion carried.
Senator Washington moved that Senate Bill No. 477 be placed on the bottom of General File.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 349.
Bill read third time.
Roll call on Senate Bill No. 349:
Yeas—21.
Nays—None.
Senate Bill No. 349 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 384.
Bill read third time.
Roll call on Senate Bill No. 384:
Yeas—21.
Nays—None.
Senate Bill No. 384 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 391.
Bill read third time.
Roll call on Senate Bill No. 391:
Yeas—21.
Nays—None.
Senate Bill No. 391 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 419.
Bill read third time.
Roll call on Senate Bill No. 419:
Yeas—21.
Nays—None.
Senate Bill No. 419 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.
Roll call on Senate Bill No. 512:
Yeas—21.
Nays—None.
Senate Bill No. 512 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 537.
Bill read third time.
Roll call on Senate Bill No. 537:
Yeas—21.
Nays—None.
Senate Bill No. 537 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 544.
Bill read third time.
Remarks by Senators Neal and Raggio.
Roll call on Senate Bill No. 544:
Yeas—15.
Nays—Care, Coffin, Mathews, Neal, Titus, Wiener—6.
Senate Bill No. 544 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 357.
Bill read third time.
The following amendment was proposed by Senator Townsend:
Amendment No. 681.
Amend the bill as a whole by deleting sections 1 through 55 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. 1. The State Board of Physical Therapy Examiners shall appoint an advisory committee, consisting of five members, to recommend to the Nevada Legislature such legislation as the advisory committee deems necessary concerning the regulation of athletic trainers in this state.
2. The Board shall appoint to the advisory committee:
(a) One member who is:
(1) A member of the State Board of Physical Therapy Examiners;
(2) Licensed as a physical therapist in this state; and
(3) Certified as an athletic trainer by the National Athletic Trainers Association Board of Certification.
(b) Two members who represent the Nevada Athletic Trainers Association and have at least a master’s degree in a discipline related to athletic training.
(c) Two members who represent the Nevada Athletic Trainers Association and have a bachelor’s degree in a discipline related to athletic training.
3. The advisory committee shall elect a chairman and vice-chairman from among its members. A majority of the members of the committee constitutes a quorum for conducting the business of the committee.
4. The members of the advisory committee are not entitled to receive compensation, per diem allowances or travel expenses while engaged in the business of the committee.
5. The Nevada Athletic Trainers Association shall, upon the request of the State Board of Physical Therapy Examiners, submit to the Board within 30 days after the request, a list of the names of at least four persons who are qualified for appointment to the advisory committee pursuant to subsection 2. If the Nevada Athletic Trainers Association fails to submit the list to the Board within that period, the Board shall appoint to the advisory committee persons who are otherwise qualified pursuant to subsection 2.
6. The advisory committee shall recommend to the Nevada Legislature such legislation concerning the regulation of athletic trainers in this state as the advisory committee deems necessary. The recommended legislation may include, without limitation:
(a) Educational qualifications and experience requirements for licensure;
(b) The membership of the board that will license athletic trainers;
(c) The fees for the issuance and renewal of licenses;
(d) The requirements for continuing education; and
(e) The grounds for disciplinary action.
7. The advisory committee shall, not later than January 15, 2003, submit the recommended legislation to the 72nd session of the Nevada Legislature.”.
Amend the title of the bill to read as follows:
“AN ACT relating to athletic trainers; requiring the State Board of Physical Therapy Examiners to appoint an advisory committee to recommend legislation concerning the regulation of athletic trainers in this state; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires State Board of Physical Therapy Examiners to appoint advisory committee to recommend legislation concerning regulation of athletic trainers. (BDR S‑1194)”.
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. 211.
Bill read third time.
The following amendment was proposed by Senator Rhoads:
Amendment No. 705.
Amend sec. 3, page 3, by deleting lines 11 through 19 and inserting:
“A person who:
1. Willfully and unjustifiably kills or injures a dog owned by another person that is used in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is judged or examined;
2. Willfully, unjustifiably and maliciously tampers or interferes with a dog owned by another person that is used in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is judged or examined; or
3. Willfully and unjustifiably sets on foot, instigates, engages in or in any way furthers an act by which a dog specified in subsection 1 is killed, injured or tampered or interfered with,
is guilty of a category E felony and shall be punished in accordance with the provisions of NRS 193.130.”.
Amend the title of the bill, by deleting the third and fourth lines and inserting: “drawing to award tags for special seasons; prohibiting certain acts relating to dogs used in exhibitions, shows, contests or other events;”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator O’Donnell moved that Senate Bill No. 444 be placed on General File upon return from reprint and as soon as the amendment is available.
Remarks by Senator O’Donnell.
Motion carried.
Senator Washington moved that Senate Bill No. 477 be placed on General File upon return from reprint and as soon as the amendment is available.
Remarks by Senator Washington.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 225.
Bill read third time.
Remarks by Senators Care and Townsend.
Conflict of interest declared by Senator Porter.
Roll call on Senate Bill No. 225:
Yeas—13.
Nays—Care, Carlton, James, Neal, O’Donnell, Titus—6.
Not Voting—Coffin, Porter—2.
Senate Bill No. 225 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 178.
Bill read third time.
Roll call on Senate Bill No. 178:
Yeas—20.
Nays—Carlton.
Senate Bill No. 178 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 342.
Bill read third time.
Remarks by Senators Titus and Neal.
Conflict of interest declared by Senator Care.
Roll call on Senate Bill No. 342:
Yeas—11.
Nays—Carlton, Coffin, James, Mathews, Neal, Schneider, Shaffer, Titus, Wiener—9.
Not Voting—Care.
Senate Bill No. 342 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 356.
Bill read third time.
Conflict of interest declared by Senators Raggio and James.
Roll call on Senate Bill No. 356:
Yeas—9.
Nays—Care, Mathews, McGinness, Neal, O’Connell, Porter, Titus, Washington, Wiener—9.
Not Voting—Coffin, James, Raggio—3.
Senate Bill No. 356 having failed to receive a constitutional majority, Madam President declared it lost.
Senate Bill No. 438.
Bill read third time.
Remarks by Senator Raggio.
Conflict of interest declared by Senator Raggio.
Roll call on Senate Bill No. 438:
Yeas—18.
Nays—Neal, Titus—2.
Not Voting—Raggio.
Senate Bill No. 438 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 440.
Bill read third time.
Remarks by Senators Mathews and Titus.
Senator Mathews requested that her remarks be entered in the Journal.
Madam President, I speak in support of Senate Bill No. 440, as amended. This bill together with the amendments, represent among other things, Senate Bill No. 207 which I introduced. Senate Bill No. 207 which is sections 23 through sections 26, gives the Public Utilities Commission and the telephone industry the additional authority they need to continue with their work to bring about effective local telephone competition.
Senate Bill No. 207, as you may recall, gave the PUC the authority to determine appropriate penalties with the cooperation and input of the industry to assure that consumers will be connected with services in a timely manner that is competitively neutral. Senate Bill No. 207 also provides the industry with a remedy to resolve commercial disputes through a speedy process, which assures that consumers will be less affected by such commercial issues.
I introduced Senate Bill No. 207 to assure the speedy delivery and benefits of local phone competition to consumers. I urge your support. Thank you.
Conflict of interest declared by Senator Raggio.
Roll call on Senate Bill No. 440:
Yeas—19.
Nays—Titus.
Not Voting—Raggio.
Senate Bill No. 440 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 451.
Bill read third time.
Remarks by Senator Schneider.
Conflict of interest declared by Senators Porter and James.
Roll call on Senate Bill No. 451:
Yeas—19.
Nays—None.
Not Voting—James, Porter—2.
Senate Bill No. 451 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Townsend moved to withdraw Amendment No. 703 to Senate Bill No. 530.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 530.
Bill read third time.
Roll call on Senate Bill No. 530:
Yeas—21.
Nays—None.
Senate Bill No. 530 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 394.
Bill read third time.
Roll call on Senate Bill No. 394:
Yeas—15.
Nays—O’Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer—6.
Senate Bill No. 394 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 211.
Bill read third time.
Roll call on Senate Bill No. 211:
Yeas—21.
Nays—None.
Senate Bill No. 211 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess until 6:45 p.m.
Motion carried.
Senate in recess at 6:01 p.m.
SENATE IN SESSION
At 6:48 p.m.
President Hunt presiding.
Quorum present.
GENERAL FILE AND THIRD READING
Senate Bill No. 444.
Bill read third time.
The following amendment was proposed by Senator O’Donnell:
Amendment No. 707.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. 1. There is hereby appropriated from the state general fund to the department of taxation the sum of $5,000 to carry out the amendatory provisions of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senators Raggio and Titus.
Amendment adopted.
Senator Raggio moved that Senate Bill No. 444 be re-referred to the Committee on Finance upon return from reprint.
Remarks by Senator Raggio.
Bill ordered reprinted, engrossed and to the Committee on Finance.
Senate Bill No. 477.
Bill read third time.
The following amendment was proposed by Senator Washington:
Amendment No. 704.
Amend sec. 2, page 3, by deleting lines 6 and 7 and inserting:
“3. The remainder of the proceeds of the tax, if any, after the amounts described in subsections 1 and 2 are set aside for use pursuant to those subsections, must be paid to the City Council of the City of Sparks on the dates and in the amounts set forth in this subsection to be used by the City Council and the Sparks Tourism and Marketing Committee for the marketing and promotion of tourism in the City of Sparks and for the maintenance of capital improvements within redevelopment areas in the City of Sparks:
(a) On July 1, 2000, an amount not to exceed $100,000.
(b) On July 1, 2001, an amount not to exceed $100,000.
(c) On July 1, 2002, an amount not to exceed $200,000.
(d) On July 1, 2003, an amount not to exceed $200,000.
(e) On July 1, 2004, an amount not to exceed $250,000.
(f) On July 1, 2005, an amount not to exceed $250,000.
(g) On July 1, 2006, an amount not to exceed $350,000.
(h) On July 1, 2007, and each year thereafter, an amount equal to the sum of $350,000 plus an additional amount equal to $350,000 multiplied by the percentage by which the proceeds of the tax imposed pursuant to section 1 of this act increased during the immediately preceding 12-month period, if any.
4. The remainder of the proceeds of the tax, if any, after the amounts described in subsections 1, 2 and 3 are set aside for use pursuant to those”.
Amend sec. 4, page 4, by deleting lines 2 through 4 and inserting: “applicable penalty or interest must be paid to the City Council of the City of Sparks to be used by the City Council and the Sparks Tourism and Marketing Committee for the marketing and promotion of tourism in the City of Sparks and for the maintenance of capital improvements within redevelopment areas in the City of Sparks.”.
Amend sec. 5, page 4, by deleting lines 8 through 11 and inserting:
“Sec. 5. 1. The Sparks Tourism and Marketing Committee, consisting of three members, is hereby created. The”.
Senator Washington moved the adoption of the amendment.
Remarks by Senators Washington, Mathews, Coffin and Neal.
Senator Coffin requested that his remarks be entered in the Journal.
Thank you Madam President. I rise in support of the amendment. I feel there is no choice for the City of Sparks. Sparks has had a gun held to its head and was told, “you must take this money.” They have been told that if they do not take this, they get nothing. I am inclined to think that nothing is better than something. That obviously has to be worked out within the municipalities and the private organizations which heavily influence the process here. That is apparently why the City of Sparks had agreed to go along at this point. It does not contain any language relating to public official majority that I can see. It does talk about something that the committee did not pass out. We now have a Sparks Tourism and Marketing Committee. There are pieces of language in Senator Washington’s amendment that, I think, certainly improves the situation. For some reason the amendment that was passed earlier did not contain all the elements that the committee had passed. On the other hand, I have been advised by Senator Washington to please support the amendment, and I will do so. Thank you.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 357.
Bill read third time.
Roll call on Senate Bill No. 357:
Yeas—19.
Nays—Amodei, Mathews—2.
Senate Bill No. 357 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 477.
Bill read third time.
Roll call on Senate Bill No. 477:
Yeas—21.
Nays—None.
Senate Bill No. 477 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bill No. 115; Senate Concurrent Resolution No. 31; Assembly Bills Nos. 122, 140, 305, 353; Assembly Concurrent Resolution No. 4.
Senator Raggio moved that the Senate adjourn until Tuesday, April 20, 1999 at 11 a.m.
Motion carried.
Senate adjourned at 7:12 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas
Secretary of the Senate