THE ONE HUNDRED AND EIGHTH DAY
Carson City(Wednesday), May 19, 1999
Senate called to order at 12:04 p.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, the Reverend Bruce Henderson.
Heavenly Father,
Spring is here! Star Wars opens today! My wife and I had a new granddaughter last night! New life and new adventures are all around us. We would ask for new life and vigor to attack the adventure of our last twelve days here. We pray for strength balanced with patience and compassion. Thank You, Lord, for life.
In Your Name I pray.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 635, 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 Finance, to which were referred Senate Bills Nos. 308, 368; Assembly Bills Nos. 151, 288, 344, 661, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Finance, to which was re-referred Senate Bill No. 432, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Finance, to which was re-referred Senate Bill No. 511, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
Madam President:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 142, 614; Assembly Joint Resolution No. 13, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Ann O’Connell, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 530, 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 Human Resources and Facilities, to which was referred Assembly Bill No. 366, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Finance.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Judiciary, to which was referred Assembly Bill No. 473, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mark A. James, Chairman
Madam President:
Your Committee on Natural Resources, to which were referred Assembly Bill No. 199; Assembly Joint Resolution No. 1, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Dean A. Rhoads, Chairman
Madam President:
Your Committee on Transportation, to which was referred Assembly Bill No. 628, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William R. O’Donnell, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 18, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 145, 407, 439.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Joint Resolution No. 6.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 795 to Assembly Bill No. 252; Senate Amendment No. 818 to Assembly Bill No. 467; Senate Amendment No. 742 to Assembly Bill No. 469; Senate Amendment No. 796 to Assembly Bill No. 490; Senate Amendment No. 761 to Assembly Bill No. 626; Senate Amendment No. 777 to Assembly Bill No. 627; Senate Amendment No. 843 to Assembly Bill No. 645.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 181, Amendment No. 773; Senate Bill No. 194, Amendment No. 921, and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to concur in the Senate Amendments Nos. 422, 841, 856 to Assembly Bill No. 166; Senate Amendment No. 750 to Assembly Bill No. 267; Senate Amendment No. 842 to Assembly Bill No. 617.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Joint Resolution No. 6.
Senator Rawson moved that the resolution be referred to the Committee on Judiciary.
Motion carried.
Senator Townsend moved that the vote whereby Senate Bill No. 8 was passed be rescinded.
Remarks by Senator Townsend,
Motion carried.
Senator Townsend moved that Senate Bill No. 8 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Townsend.
Motion carried.
By the Committee on Legislative Affairs and Operations:
Senate Concurrent Resolution No. 47—Directing the Legislative Commission to conduct an interim study to determine the feasibility of the establishment and operation of a banking corporation by the State of Nevada.
Senator Neal moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
Senator James moved that Assembly Bills Nos. 158, 621 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator James.
Motion carried.
Senator Washington moved that Assembly Bill No. 311 be taken from the Second Reading File and placed on the Secretary’s desk.
Remarks by Senator Washington.
Motion lost on a division of the house.
Senator Rawson moved that Assembly Bill No. 366 be re-referred to the Committee on Finance.
Remarks by Senator Rawson.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Senators Rhoads, Raggio, Washington, Jacobsen, James, McGinness, O’Donnell, Porter, Rawson, Townsend and Assemblymen Hettrick and Collins:
Senate Bill No. 548—AN ACT relating to elections; creating a presidential preference primary election to occur on the same date as the presidential preference primary elections or caucuses of certain other western states as part of a coordinated western presidential preference primary election; establishing requirements for participation in the presidential preference primary election by political parties and registered voters; making an appropriation; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Finance.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 14.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 821.
Amend section 1, page 1, by deleting line 3 and inserting: “A pupil shall be deemed suspended from school”.
Amend sec. 2, pages 1 and 2, by deleting line 13 on page 1 and lines 1 and 2 on page 2 and inserting: “shall deem a pupil enrolled in the school a habitual disciplinary”.
Amend sec. 2, page 2, line 9, by deleting “property;” and inserting: “property [;] , at an activity sponsored by a public school, on a school bus or, if the fight occurs within 1 hour of the beginning or end of a school day, on his way to or from school;”.
Amend sec. 2, page 2, by deleting lines 12 and 13 and inserting:
“2. At least one teacher of a pupil who is enrolled in elementary school and at least two teachers of a pupil who is enrolled in junior high, middle school or high school may request that the principal of the school deem a pupil a habitual disciplinary problem. Upon such a request, the principal of the school shall meet with each teacher who made the request to review the pupil’s record of discipline. If, after the review, the principal of the school determines that the provisions of subsection 1 do not apply to the pupil, a teacher who submitted a request pursuant to this subsection may appeal that determination to the board of trustees of the school district. Upon receipt of such a request, the board of trustees shall review the initial request and determination pursuant to the procedure established by the board of trustees for such matters.
3. If a pupil is suspended for initiating a fight described in paragraph (b) of subsection 1 and the fight is the first such fight that the pupil has initiated”.
Amend sec. 2, page 2, line 20, by deleting: “on school property”.
Amend sec. 2, page 2, line 32, by deleting “3.” and inserting “4.”.
Amend sec. 2, page 2, by deleting lines 38 and 39 and inserting:
“4. If a pupil is suspended for initiating a fight described in paragraph (b) of subsection 1 and the fight is the first such fight that the pupil has initiated”.
Amend sec. 2, page 3, by deleting line 1 and inserting: “the pupil, a plan of behavior for the pupil. Such a plan must be”.
Amend sec. 2, page 3, by deleting line 11 and inserting: “to subsection 3 after he enters into a plan of behavior, the pupil shall”.
Amend sec. 2, page 3, line 13, by deleting “4.” and inserting “5.”.
Amend sec. 2, page 3, line 28, by deleting “5.” and inserting “6.”.
Amend sec. 2, page 3, line 34, by deleting “5.” and inserting “6.”.
Amend sec. 2, page 3, line 36, by deleting “contract” and inserting “plan”.
Amend sec. 2, page 3, line 37, by deleting “contract” and inserting “plan”.
Amend sec. 2, page 4, by deleting lines 4 through 6 and inserting: “If the pupil violates the conditions of the plan or commits the same act for which notice was provided pursuant to subsection 5 after he enters into a plan of behavior, the pupil shall be deemed a habitual”.
Amend sec. 2, page 4, line 8, by deleting “6.” and inserting “7.”.
Amend sec. 2, page 4, between lines 9 and 10 by inserting:
“8. The parent or legal guardian of a pupil who has entered into a plan of behavior with a school pursuant to this section may appeal to the board of trustees of the school district a determination made by the school concerning the contents of the plan of behavior or action taken by the school pursuant to the plan of behavior. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.”.
Amend the title of the bill to read as follows:
Amend the summary of the bill, first line, by deleting “contracts” and inserting “plans”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Rawson and O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 60.
Bill read second time and ordered to third reading.
Assembly Bill No. 134.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 924.
Amend sec. 2, page 1, line 4, by deleting “§” and inserting: “§§ 300g-9 and”.
Amend sec. 6, page 2, by deleting lines 19 through 23 and inserting: “that is not a community water system.”.
Amend sec. 12, page 3, line 15, by deleting “general” and inserting “[general]”.
Amend sec. 12, page 3, by deleting lines 18 and 19 and inserting: “act, [used by residents of the state throughout the year] or regularly serves 25 or more persons .[for 60 or more days a year.]”.
Amend sec. 17, page 5, by deleting line 19 and inserting: “comply with 40 C.F.R. Part 141, but the regulations do”.
Amend sec. 17, page 5, by deleting lines 27 and 28 and inserting: “operation before October 1, 1999, to comply with 40 C.F.R. Part 141, but the regulations do not supersede any regulation of the”.
Amend sec. 23, page 8, by deleting lines 8 and 9 and inserting:
“Sec. 23. This act becomes effective upon passage and approval.”.
Amend the title of the bill, third line, by deleting “capacities” and inserting “capabilities”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 154.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 953.
Amend section 1, page 1, line 2, by deleting: “2 to 7, inclusive,” and inserting: “2, 3 and 4”.
Amend the bill as a whole by deleting sections 2 and 3 and renumbering sec. 4 as sec. 2.
Amend sec. 4, page 1, line 9, by deleting “family court” and inserting “family court.”.
Amend sec. 4, page 1, by deleting line 10.
Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 and 7 as sections 3 and 4.
Amend the bill as whole by deleting sec. 8 and renumbering sections 9 through 11 as sections 5 through 7.
Amend sec. 9, page 3, by deleting lines 13 through 27 and inserting:
“3.025 1. In each judicial district that includes a county whose population is 100,000 or more, the district judges of that judicial district shall choose from among those district judges a chief judge who is to be the presiding judge of the judicial district.
2. The chief judge shall:
(a) Assign cases to each judge in the judicial district;
(b) Prescribe the hours of court;
(c) Adopt such other rules or regulations as are necessary for the orderly conduct of court business; and
(d) Perform all other duties of the chief judge or of a presiding judge that are set forth in this chapter and any other provision of NRS.”.
Amend sec. 9, page 4, by deleting lines 7 through 20.
Amend sec. 11, pages 5 and 6, by deleting lines 9 through 42 on page 5 and lines 1 through 10 on page 6, and inserting:
“1. In any action for divorce, at any time more than 10 days before trial, a party may serve upon the opposing party a written offer to allow a decree to be entered concerning the property rights of the parties in accordance with the terms and conditions of the offer.
2. If an offer made by a party pursuant to this section is accepted by the opposing party and approved by the court, the court shall, upon entry of the decree of divorce, enter judgment in accordance with the terms and conditions of the offer.
3. If an offer made by a party pursuant to this section is not accepted by the opposing party before trial or within 10 days after it is made, whichever occurs first, the offer shall be deemed rejected and cannot be given in evidence upon the trial. The rejection of an offer does not preclude either party from making another offer pursuant to this section.
4. If an offer is deemed rejected pursuant to subsection 3 and the party who rejected the offer fails to obtain a more favorable judgment concerning the property rights that would have been resolved by the offer if it had been accepted, the court may do any or all of the following:
(a) Order the party who rejected the offer to pay the taxable costs of the opposing party that relate to the adjudication of those property rights.
(b) Order the party who rejected the offer to pay the reasonable attorney’s fees incurred by the opposing party after the date of the offer that relate to the adjudication of those property rights.
(c) Prohibit the party who rejected the offer from recovering any costs or attorney’s fees that relate to the adjudication of those property rights, except that the court may not, pursuant to the provisions of this paragraph, prohibit the party from recovering any preliminary attorney’s fees that were awarded to the party during the pendency of the divorce action.
5. In determining whether to take any action described in subsection 4, the court shall consider:
(a) Whether each party was represented by counsel when the offer was made;
(b) Whether the issues related to the property rights of the parties were conducive to an offer made pursuant to this section;
(c) Whether the offer was made in good faith and was reasonable with respect to its timing and its amount;
(d) Whether rejection of the offer was done in bad faith or was grossly unreasonable;
(e) Whether, during the pendency of the divorce action, the conduct of the party who rejected the offer or his counsel furthered or frustrated the policy of the law to promote settlement of litigation and to reduce the costs of litigation by encouraging cooperation between the parties and their counsel;
(f) Whether the judgment differs from the terms and conditions of the offer in such a manner, with respect to the property rights that would have been resolved by the offer if it had been accepted, that the court cannot make a clear determination whether the party failed to obtain a more favorable judgment concerning those property rights; and
(g) Whether the divorce action involved so many changes in the issues that the court cannot make a clear determination whether the party failed to obtain a more favorable judgment concerning the property rights that would have been resolved by the offer if it had been accepted.
6. The provisions of this section do not apply to any issues related to the custody of a child, the support of a child or the support of a spouse. If any offer that is made by a party pursuant to this section includes any such issue, the offer shall be deemed to be void in its entirety and all terms and conditions of the offer, including, without limitation, all terms and conditions related to the property rights of the parties, shall be deemed to have no force or effect pursuant to this section.”.
Amend the bill as a whole by adding new sections designated sections 8 through 11, following sec. 11, to read as follows:
“Sec. 8. NRS 125.150 is hereby amended to read as follows:
1. In granting a divorce, the court:
(a) May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable; and
(b) Shall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.
2. Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:
(a) The intention of the parties in placing the property in joint tenancy;
(b) The length of the marriage; and
(c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.
As used in this subsection, “contribution” includes a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.
3. [Whether] Except as otherwise provided in section 7 of this act, whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce if those fees are in issue under the pleadings.
4. In granting a divorce, the court may also set apart such portion of the husband’s separate property for the wife’s support, the wife’s separate property for the husband’s support or the separate property of either spouse for the support of their children as is deemed just and equitable.
5. In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.
6. If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.
7. If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony he has been ordered to pay.
8. In granting a divorce the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:
(a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and
(b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
9. If the court determines that alimony should be awarded pursuant to the provisions of subsection 8:
(a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.
(b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.
(c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:
(1) Testing of the recipient’s skills relating to a job, career or profession;
(2) Evaluation of the recipient’s abilities and goals relating to a job, career or profession;
(3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;
(4) Subsidization of an employer’s costs incurred in training the recipient;
(5) Assisting the recipient to search for a job; or
(6) Payment of the costs of tuition, books and fees for:
(I) The equivalent of a high school diploma;
(II) College courses which are directly applicable to the recipient’s goals for his career; or
(III) Courses of training in skills desirable for employment.
Sec. 9. Assembly Bill No. 50 of this session is hereby amended by deleting sections 2 through 4 and inserting:
Secs. 2-4. (Deleted by amendment.)
Sec. 10. Assembly Bill No. 50 of this session is hereby amended by deleting sections 6 and 7 and inserting:
Secs. 6 and 7. (Deleted by amendment.)
Sec. 11. Section 3 of Assembly Bill No. 51 of this session is hereby amended to read as follows:
Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 and 5 of Assembly Bill No. 51 of this [act] session and sections 2 and 3 of this act have the meanings ascribed to them in those sections.”.
Amend sec. 12, page 6, line 11, by deleting “11” and inserting “7”.
Amend the bill as a whole by adding a new section designated sec. 13, following sec. 12, to read as follows:
“Sec. 13. 1. This section and sections 9 and 10 of this act become effective on June 30, 1999.
2. Sections 1 to 8, inclusive, 11 and 12 of this act become effective on October 1, 1999.”.
Senator Care moved the adoption of the amendment.
Remarks by Senator Care.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator James moved that Assembly Bill No. 154 be taken from the General File and placed on the Secretary’s desk upon return from reprint.
Remarks by Senator James.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 258.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 779.
Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 597.490 is hereby amended to read as follows:
[STATE LAW REQUIRES THAT UPON REQUEST BY ANY PERSON AUTHORIZING REPAIRS TO A MOTOR VEHICLE, SUCH PERSON SHALL BE GIVEN A WRITTEN ESTIMATE OF TOTAL CHARGES FOR LABOR AND PARTS AND ACCESSORIES, AND THAT NO CHARGE MAY BE MADE EXCEEDING THE ESTIMATED AMOUNT BY 20 PERCENT OR $40, WHICHEVER IS LESS, WITHOUT THE CONSENT OF THE PERSON AUTHORIZING THE REPAIRS.]
THIS GARAGE IS
REGISTERED WITH THE
DEPARTMENT OF MOTOR VEHICLES AND PUBLIC SAFETY
AS A CUSTOMER IN NEVADA:
YOU have the right to receive repairs from a business that is REGISTERED with the department of motor vehicles and public safety that will ensure the proper repair of your vehicle. (NRS 597.490)
YOU have the right to receive a WRITTEN ESTIMATE of charges for repairs made to your vehicle which exceed $50. (NRS 597.510)
YOU have the right to read and understand all documents and warranties BEFORE YOU SIGN THEM. (NRS 597.490)
YOU have the right to INSPECT ALL REPLACED PARTS and accessories that are covered by a warranty and for which a charge is made. (NRS 597.550)
YOU have the right to request that all replaced parts and accessories that are not covered by a warranty BE RETURNED TO YOU AT THE TIME OF SERVICE. (NRS 597.550)
YOU have the right to require authorization BEFORE any additional repairs are made to your vehicle if the charges for those repairs exceed 20% of the original estimate or $100, whichever is less. (NRS 597.520)
YOU have the right to receive a COMPLETED STATEMENT OF CHARGES for repairs made to your vehicle. (NRS 487.035)
YOU have the right to a FAIR RESOLUTION of any dispute that develops concerning the repair of your vehicle. (NRS 597.490)
FOR MORE INFORMATION PLEASE CONTACT:
THE DEPARTMENT OF BUSINESS AND INDUSTRY
CONSUMER AFFAIRS DIVISION
IN CLARK COUNTY: (702) 486-7355
ALL OTHER AREAS TOLL-FREE: 1-800-326-5202
2. The sign required pursuant to the provisions of subsection 1 must include a replica of the great seal of the State of Nevada. The seal must be 2 inches in diameter and be centered on the face of the sign directly above the words “STATE OF NEVADA.”
3. Any person who violates the provisions of this section is guilty of a misdemeanor.”.
Amend the bill as a whole by adding a new section designated sec. 19, following sec. 18, to read as follows:
“Sec. 19. In preparing the reprint and supplements to the Nevada Revised Statutes, the legislative counsel shall ensure that:
1. The word “You” at the beginning of each sentence included in the Nevada Automotive Repair Customer Bill of Rights set forth in section 1 of this act is printed in boldface letters; and
2. Each word that is underscored in those sentences is printed in boldface, underscored and italicized letters.”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 283.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1004.
Amend section 1, page 3, by deleting line 4 and inserting: “NRS 599B.115 [;] , if the seller is required to obtain a work card; and”.
Amend sec. 2, page 3, line 14, by deleting “Each” and inserting: “[Each] Except as otherwise provided in subsection 5, each”.
Amend sec. 2, page 3, line 18, by deleting “Each” and inserting: “[Each] Except as otherwise provided in subsection 5, each”.
Amend sec. 2, page 3, between lines 36 and 37, by inserting:
“5. A person who is licensed or registered pursuant to chapter 119A or 645 of NRS is not required to obtain a work card pursuant to this section.”.
Amend sec. 3, page 4, by deleting lines 2 through 8 and inserting: “relating to sporting events,] submitting to the division [a] :
(1) A copy of the work card obtained by:
[(1)] (I) The seller pursuant to subsection 1 of NRS 599B.115; and
[(2)] (II) Each principal officer, director, trustee, shareholder, [employee,] owner , partner and [partner] employee of the seller , and each salesman associated with the seller who is not an employee of the seller, pursuant to subsection 2 of NRS 599B.115[.] ; and
(2) If applicable, a statement listing each person who, pursuant to subsection 5 of NRS 599B.115, is not required to obtain a work card.”.
Amend the title of the bill, first line, by deleting “an applicant” and inserting “certain applicants”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 297.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 969.
Amend section 1, page 2, by deleting lines 30 through 33.
Amend section 1, page 2, line 34, by deleting “6.” and inserting “5.”.
Amend section 1, page 2, line 42, by deleting “7.” and inserting “6.”.
Amend the title of the bill, fourth and fifth lines, by deleting: “authorizing a law enforcement agency to bring an action to compel the provision of such information;”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 311.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 803.
Amend the bill as a whole by renumbering sections 1 through 4 as sections 2 through 5 and adding a new section, designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 610.010 is hereby amended to read as follows:
610.010 As used in this chapter, unless the context otherwise requires:
1. “Agreement” means a written and signed agreement of indenture as an apprentice.
2. “Apprentice” means a person who is covered by a written agreement, issued pursuant to a program with an employer, or with an association of employers or an organization of employees acting as agent for an employer.
3. “Disability” means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
4. “Program” means a program of training and instruction as an apprentice in an occupation in which a person may be apprenticed.
5. “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.”.
Amend sec. 4, page 3, by deleting line 33 and inserting: “[section
501(c) of the Internal Revenue Code of 1954.] 26 U.S.C. § 501(c).”.
Amend the bill as a whole by renumbering sections 5 through 13 as sections 7 through 15 and adding a new section designated sec. 6, following sec. 4, to read as follows:
“Sec. 6. NRS 613.320 is hereby amended to read as follows:
613.320 1. The provisions of NRS 613.310 to 613.435, inclusive, do not apply to:
[1.] (a) Any employer with respect to employment outside this state.
[2.] (b) Any religious corporation, association or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of its religious activities.
2. The provisions of NRS 613.310 to 613.435, inclusive, concerning unlawful employment practices related to sexual orientation do not apply to an organization that is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).”.
Amend sec. 12, page 9, between lines 2 and 3 by inserting:
“4. As used in this section, “sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Townsend, O’Donnell and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rawson moved that Assembly Bill No. 313 be taken from the Second Reading File and placed on the Second Reading File for the next legislative day.
Remarks by Senator Rawson.
Motion carried.
Senator Coffin moved that Assembly Bill No. 660 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Coffin.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 380.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 833.
Amend the bill as a whole by renumbering sections 4 through 6 as sections 6 through 8 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:
“Sec. 4. Chapter 478, Statutes of Nevada 1983, at page 1269, is hereby amended by adding thereto a new section to be designated as sec. 2.6, immediately following sec. 2.5, to read as follows:
Sec. 2.6. The state board of examiners shall, at one time or from time to time over a 5-year period beginning with the effective date of Assembly Bill No. 380 of the 70th session of the Nevada Legislature, issue general obligation bonds of the State of Nevada to provide the state’s contribution to the Newlands Project Water Rights Fund established by Assembly Bill No. 380 of the 70th session of the Nevada Legislature, in a total face amount of not more than $4,000,000. Bonds issued pursuant to this section are necessary for the protection and preservation of the state’s natural resources.
Sec. 5. Section 1 of chapter 478, Statutes of Nevada 1983, as amended by section 7 of chapter 785, Statutes of Nevada 1989, at page 1866, is hereby amended to read as follows:
Section 1. The director of the state department of
conservation and natural resources shall participate, on behalf of the state,
in negotiations with agencies of the Federal Government and other appropriate
agencies or organizations concerning projects to conserve, distribute and
allocate water associated with the Truckee River, the Carson River, the
Lahontan Valley Wetlands and the Newlands Federal Reclamation Project. The
projects may include projects for the purchase or lease of water rights, land
or interests in land and any water rights appurtenant thereto, or projects to
mitigate losses to natural resources. The governor, on behalf of the State of
Nevada, may enter into an agreement or agreements which define the rights,
powers, duties and obligations of the state, the Federal Government and any
other appropriate agency or organization with respect to those projects, but
the state’s share of the costs associated with those projects must not exceed [$8,000,000,]
$12,000,000, and providing that not more than [$4,000,000]
$8,000,000 of that amount may be used for the purchase or
lease of water rights or interests in land and any water rights appurtenant
thereto [.]
, and further providing that not more than $4,000,000 of that amount
may be used as the state’s contribution to the Newlands Project Water Rights
Fund established by Assembly Bill No. 380 of the 70th session
of the Nevada Legislature.”.
Amend sec. 4, page 4, by deleting lines 11 and 12 and inserting: “the fund may only be used:
(a) For the support of the program established pursuant to subsection 4; and
(b) To provide for the payment of an amount to offset revenue from operation and maintenance charges lost as a result of water rights retired and abandoned pursuant to the program.
3. The District may accept gifts and grants for”.
Amend sec. 4, page 4, line 21, by deleting “3.” and inserting “4.”.
Amend sec. 4, page 4, line 31, by deleting “only”.
Amend sec. 4, page 4, by deleting line 37, and inserting:
“(d) Retain reasonable fees for the administration or operation of the program;”.
Amend sec. 4, page 4, line 38, after “(e)” by inserting: “To the extent that legal and administrative challenges in existence on April 1, 1999, result in a final determination that all or any portion of a surface water right appurtenant to land in the Newlands Reclamation Project has been forfeited or abandoned:
(1) Pay to the party who procured that final determination an amount equal to the amount that would have been paid to acquire the water right pursuant to the program; and
(2) Consider the forfeited or abandoned water right as having been acquired pursuant to the program; and
(f)”.
Amend sec. 6, page 5, line 5, by deleting “Section 4” and inserting “Section 6”.
Amend the title of the bill, seventh line, after “period;” by inserting: “increasing the amount of bonds that may be issued for the purchase or lease of water rights or interests in land and any water rights appurtenant thereto; limiting certain uses of the proceeds of those bonds;”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Senator McGinness moved that Assembly Bill No. 380 be re-referred to the Committee on Finance upon return from reprint.
Remarks by Senator McGinness.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.
Assembly Bill No. 457.
Bill read second time and ordered to third reading.
Assembly Bill No. 458.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 995.
Amend section 1, page 1, line 8, by deleting: “public terminal, public parking lot,”.
Amend section 1, page 2, line 5, by deleting: “at such a time” and inserting: “during normal business hours”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senators O’Donnell and Coffin.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 492.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 996.
Amend section 1, page 2, line 1, by deleting “1,000” and inserting “100”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 515.
Bill read second time.
The following amendment was proposed by Senators McGinness, Porter and Amodei:
Amendment No. 1050.
Amend sec. 4.5, page 2, lines 7 and 8, by deleting: “health care services for women” and inserting: “gynecological or obstetrical services”.
Amend sec. 4.5, page 2, by deleting lines 18 through 23 and inserting:
“4. As used in this section, “primary care physician” has the meaning ascribed to it in NRS 695G.060.”.
Amend sec. 7.5, page 2, line 29, by deleting: “health care services for women” and inserting: “gynecological or obstetrical services”.
Amend sec. 7.5, pages 2 and 3, by deleting lines 39 through 42 on page 2 and lines 1 and 2 on page 3, and inserting:
“4. As used in this section, “primary care physician” has the meaning ascribed to it in NRS 695G.060.”.
Amend sec. 13.5, page 3, line 9, by deleting: “health care services for women” and inserting: “gynecological or obstetrical services”.
Amend sec. 13.5, page 3, by deleting lines 19 through 24 and inserting:
“4. As used in this section, “primary care physician” has the meaning ascribed to it in NRS 695G.060.”.
Amend sec. 16.5, page 3, lines 29 and 30, by deleting: “health care services for women” and inserting: “gynecological or obstetrical services”.
Amend sec. 16.5, pages 3 and 4, by deleting lines 40 through 43 on page 3 and lines 1 and 2 on page 4 and inserting:
“4. As used in this section, “primary care physician” has the meaning ascribed to it in NRS 695G.060.”.
Amend the bill as a whole by adding a new section designated sec. 17.5, following sec. 17, to read as follows:
“Sec. 17.5. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a managed care organization contracts for the provision of emergency medical services, outpatient services or inpatient services with a hospital or other licensed health care facility that provides acute care and is located in a city whose population is less than 45,000 or a county whose population is less than 100,000, the managed care organization shall not:
(a) Prohibit an insured from receiving services covered by the health care plan of the insured at that hospital or licensed health care facility if the services are provided by a provider of health care with whom the managed care organization has contracted for the provision of the services;
(b) Refuse to provide coverage for services covered by the health care plan of an insured that are provided to the insured at that hospital or licensed health care facility if the services were provided by a provider of health care with whom the managed care organization has contracted for the provision of the services;
(c) Refuse to pay a provider of health care with whom the managed care organization has contracted for the provision of services for providing services to an insured at that hospital or licensed health care facility if the services are covered by the health care plan of the insured;
(d) Discourage a provider of health care with whom the managed care organization has contracted for the provision of services from providing services to an insured at that hospital or licensed health care facility that are covered by the health care plan of the insured; or
(e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care:
(1) To provide services to an insured that are covered by the health care plan of the insured at another hospital or licensed health care facility; or
(2) Not to provide services to an insured at that hospital or licensed health care facility that are covered by the health care plan of the insured.
2. Nothing in this section prohibits a managed care organization from informing an insured that enhanced health care services are available at a hospital or licensed health care facility other than the hospital or licensed health care facility described in subsection 1 with which the managed care organization contracts for the provision of emergency medical services, outpatient services or inpatient services.”.
Amend the title of the bill to read as follows:
“AN ACT relating to health insurance; providing that a policy of health insurance must include a provision allowing a woman who is covered by the policy to have direct access to certain health care services for women; prohibiting a managed care organization from committing certain acts that limit the accessibility of its insureds to services provided at certain hospitals and other licensed health care facilities with which the managed care organization has contracted; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes relating to services covered by policies of health insurance and health care plans. (BDR 57‑254)”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Conflict of interest declared by Senators Raggio and James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 542.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 997.
Amend sec. 2, page 1, line 6, by deleting “30” and inserting “5”.
Amend sec. 3, page 2, by deleting lines 13 through 19, inclusive, and inserting: “The provisions of this subsection do not apply if the period of suspension”.
Amend sec. 7, page 7, line 16, by deleting “30” and inserting “5”.
Amend sec. 14, page 15, line 36, by deleting “1999.” and inserting “2000.”.
Amend sec. 15, page 15, by deleting lines 37 through 40 and inserting:
“Sec. 15. This act becomes effective on October 1, 2000.”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 615.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 854.
Amend the bill as whole by deleting sections 1 and 2 and renumbering sections 3 through 22 as sections 1 through 20.
Amend sec. 3, page 2, by deleting line 1 and inserting:
“Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
A person may sign a petition required under the election laws”.
Amend the bill as a whole by deleting section 23 and renumbering sections 24 through 46 as sections 21 through 43.
Amend sec. 24, page 11, by deleting line 42 and inserting: “candidacy, a filing fee in an amount fixed by the governing body of the city by ordinance or resolution.”.
Amend sec. 31,
page 15, line 34, by deleting “294A.160;” and inserting: “294A.160[;]
as of the last day of the first month after his election;”.
Amend sec. 31,
page 15, by deleting line 38 and inserting: “294A.160 during the period [since]
from the last date covered by his last report
through December 31 of the immediately preceding year and the
manner in which”.
Amend sec. 42, page 23, line 12, by deleting “chapter 686,”.
Amend sec. 42, page 23, by deleting line 13 and inserting: “Assembly Bill No. 444 of this session, is hereby amended to read as”.
Amend sec. 42, page 23, by deleting lines 23 through 27 and inserting:
“3. All candidates for elective office must be voted upon by the”.
Amend sec. 42, page 23, line 29, by deleting “5.” and inserting “4.”.
Amend sec. 42, page 23, by deleting lines 38 through 41.
Amend sec. 43, page 24, line 2, by deleting “chapter 570,”.
Amend sec. 43, page 24, by deleting line 3 and inserting: “Senate Bill No. 274 of this session, is hereby amended to read as”.
Amend sec. 43,
page 24, line 6, by deleting “[1st] first” and inserting “first”.
Amend sec. 43, page 24, line 7, by deleting “1985,” and inserting “2001,”.
Amend sec. 43, page 24, line 9, by deleting “two” and inserting: “half of the”.
Amend sec. 43,
page 24, line 11, by deleting “[1st]
first” and inserting “first”.
Amend sec. 43, page 24, line 12, by deleting “1987,” and inserting “2003,”.
Amend sec. 43, page 24, line 14, by deleting “two” and inserting: “the other half of the”.
Amend sec. 43, page 24, line 19, by deleting: “wards 2 and 4” and inserting: “each even-numbered ward”.
Amend sec. 43, page 24, line 20, by deleting: “wards 1 and 3” and inserting: “each odd-numbered ward”.
Amend sec. 43, page 24, by deleting lines 30 through 32 and inserting: “with the city clerk. All”.
Amend sec. 43, page 24, line 33, by deleting “which are”.
Amend sec. 43, pages 24 and 25, by deleting lines 35 through 41 on page 24 and line 1 on page 25, and inserting:
“6. If, in the primary election, regardless of the number of”.
Amend the title of the bill by deleting the first line and inserting:
“AN ACT relating to elections;”.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 631.
Bill read second time.
The following amendment was proposed by the Committee on Legislative Affairs and Operations:
Amendment No. 913.
Amend sec. 3, page 2, by deleting lines 19 through 24 and inserting:
“Sec. 3. 1. Each:
(a) Incumbent assemblyman may request the drafting of not more than 4 legislative measures submitted to the legislative counsel before September 1 preceding the commencement of a regular session of the legislature and not more than 4 legislative measures submitted to the legislative counsel on or after September 1 but on or before December 15 preceding the commencement of a regular session of the legislature.
(b) Incumbent senator may request the drafting of not more than 8 legislative measures submitted to the legislative counsel before September 1 preceding the commencement of a regular session of the legislature and not more than 8 legislative measures submitted to the legislative counsel on or after September 1 but on or before December 15 preceding the commencement of a regular session of the legislature.
(c) Newly elected assemblyman may request the drafting of not more than 4 legislative measures submitted to the legislative counsel on or before December 15 preceding the commencement of a regular session of the legislature.
(d) Newly elected senator may request the drafting of not more than 8 legislative measures submitted to the legislative counsel on or before December 15 preceding the commencement of a regular session of the legislature.”.
Amend sec. 6, page 4, lines 6 and 7, by deleting: “the commencement of a regular legislative session not more than 250” and inserting: “September 1 preceding a regular legislative session not more than 125”.
Amend sec. 6, page 4, line 10, by deleting: “NRS 218.245, except that the” and inserting: “NRS 218.245.
2. The”.
Amend sec. 6, page 4, line 11, by deleting “first” and inserting “19th”.
Amend sec. 6, page 4, line 15, by deleting “2.” and inserting “3.”.
Amend sec. 6, page 4, lines 16 and 17, by deleting: “the commencement of” and inserting: “September 1 preceding”.
Amend sec. 6, page 4, line 20, by deleting “15” and inserting “8”.
Amend sec. 6, page 4, line 23, by deleting “35” and inserting “25”.
Amend sec. 6, page 4, line 25, by deleting “3.” and inserting “4.”.
Amend sec. 6, page 4, lines 27 and 28, by deleting: “the commencement of” and inserting: “September 1 preceding”.
Amend the bill as a whole by renumbering sections 18 through 51 as sections 20 through 53 and adding new sections designated sections 18 and 19, following sec. 17, to read as follows:
“Sec. 18. NRS 218.2413 is hereby amended to read as follows:
2. The legislative counsel shall notify the requesting county, school district or city if its request substantially duplicates a request previously submitted by another county, school district or city.
3. The board of county commissioners of a county whose population:
(a) Is 400,000 or more shall not request the preparation of more than [33] 15 legislative measures pursuant to subsection 1 for a regular legislative session. At least [three] one of the measures must be recommended by a metropolitan police department that is located within the county.
(b) Is 100,000 or more but less than 400,000 shall not request the preparation of more than [25] 10 legislative measures pursuant to subsection 1 for a regular legislative session.
(c) Is less than 100,000 shall not request the preparation of more than [5] 2 legislative measures pursuant to subsection 1 for a regular legislative session.
4. The board of trustees of a school district in a county whose population:
(a) Is 400,000 or more shall not request the preparation of more than 5 legislative measures pursuant to subsection 1 for a regular legislative session.
(b) Is 100,000 or more but less than 400,000 shall not request the preparation of more than [3] 2 legislative measures pursuant to subsection 1 for a regular legislative session.
(c) Is less than 100,000 shall not request the preparation of more than 1 legislative measure pursuant to subsection 1 for a regular legislative session.
5. The city council of a city whose population:
(a) Is 100,000 or more shall not request the preparation of more than [10] 4 legislative measures pursuant to subsection 1 for a regular legislative session.
(b) Is less than 100,000 shall not request the preparation of more than [5 legislative measures] 1 legislative measure pursuant to subsection 1 for a regular legislative session.
6. As used in this section, “population” means the current population estimate for that city or county as determined and published by the department of taxation and the demographer employed pursuant to NRS 360.283.
Sec. 19. NRS 218.2415 is hereby amended to read as follows:
2. An association of counties or cities may directly request the legislative counsel and the legal division of the legislative counsel bureau to prepare no more than [10] 20 legislative measures for a regular legislative session.”.
Amend
sec. 19, page 13, by deleting lines 37 through 39 and inserting: “[upon the
request of a member of the legislature or the personal written request of the
governor.] as authorized by statute or joint rule of the legislature.”.
Amend sec. 19, page 14, line 3, by deleting “1.” and inserting: “1 [.] of this section and subsection 1, 3 or 4 of section 6 of this act.”.
Amend sec. 20, page 14, line 13, by deleting “20” and inserting “16”.
Amend sec. 20, page 14, line 14, by deleting “5” and inserting “4”.
Amend sec. 44, page 24, line 22, by deleting “30th” and inserting “final”.
Amend sec. 44, page 24, line 23, by deleting “30th” and inserting “final”.
Amend sec. 44, page 24, line 24, by deleting the comma and inserting: “or other appropriate legislative measure,”.
Amend sec. 44, page 24, line 27, by deleting “30th” and inserting “final”.
Amend sec. 50, page 28, line 34, by deleting: “[19th calendar] first” and inserting: “19th calendar”.
Amend sec. 50, page
28, line 37, by deleting “budget.” and inserting: “budget [.]
or to carry out the governor’s legislative agenda.”.
Senator Porter moved the adoption of the amendment.
Remarks by Senators Porter, Coffin, O’Connell, Titus, James, Raggio, Townsend and O’Donnell.
Senator Porter requested that his remarks be entered in the Journal.
I would like to furnish the membership some information they may find interesting concerning increases in the number of bills and pages of legislation that I have already alluded to. We had 824 bills, with 2,323 pages, averaging 2.82 pages per bill. In 1997, I have the numbers up to 1997, but in 1997, we went to 691 as far as the number of bills with 3,516 pages, averaging 5.09 per bill. From 1987 we had an average of 2.82 pages per bill and in 1997 we went to 5.09. Our bill numbers are reducing the complexity and the number of pages is increasing.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 633.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 877.
Amend section 1, page 1, line 2, by deleting: “2, 3 and 4” and inserting: “2 to 4.5, inclusive,”.
Amend sec. 3, page 2, between lines 8 and 9, by inserting:
“3. In addition to the fee required pursuant to subsection 1, the applicant shall reimburse the board for the actual costs and expenses incurred by the board in processing the application.
4. The board shall adopt regulations prescribing the procedures for making an application pursuant to this section.”.
Amend sec. 4, page 2, by deleting lines 10 and 11 and inserting: “placed on inactive status. The board may grant the application if the license is in good standing and the licensee has”.
Amend sec. 4, page 2, line 14, by deleting “applicant” and inserting “licensee”.
Amend sec. 4, page 2, line 19, after “execute” by inserting “and maintain”.
Amend the bill as a whole by adding a new section designated sec. 4.5, following sec. 4, to read as follows:
“Sec. 4.5. The following acts or omissions, among others, constitute cause for disciplinary action pursuant to NRS 624.300:
1. Contracting, offering to contract or submitting a bid as a contractor if the contractor’s license:
(a) Has been suspended or revoked pursuant to NRS 624.300; or
(b) Is inactive.
2. The suspension, revocation or other disciplinary action taken by another state against a contractor based on a license issued by that state if the contractor is licensed in this state or applies for a license in this state. A certified copy of the suspension, revocation or other disciplinary action taken by another state against a contractor based on a license issued by that state is conclusive evidence of that action.”.
Amend sec. 6, page 2, line 40, by deleting “may” and inserting “[may] shall”.
Amend sec. 6, page 3, line 22, after “which the” by inserting “licensed”.
Amend sec. 7, page 3, lines 31 and 32, by deleting “licensed contractor” and inserting “licensee”.
Amend sec. 7, page 3, line 37, by deleting “licensed contractor” and inserting “licensee”.
Amend sec. 7, page 4, line 1, by deleting “licensed contractor” and inserting “licensee”.
Amend sec. 7, page 4, lines 2 and 3, by deleting “licensed contractor” and inserting “licensee”.
Amend sec. 7, page 4, line 6, after “applicant” by inserting “or licensee”.
Amend sec. 7, page 4, line 33, by deleting “approved” and inserting “accepted”.
Amend sec. 7, page 5, line 5, by deleting “approved” and inserting “accepted”.
Amend sec. 11, page 7, line 31, by deleting “The” and inserting: “Except as otherwise provided in section 3 of this act, the”.
Amend the bill as a whole by deleting sec. 14.
Amend the title of the bill, third line, after “fee;” by inserting: “making various changes relating to the grounds for disciplinary action;”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 634.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 876.
Amend sec. 2, page 1, line 4, by deleting: “a special investigations unit” and inserting: “an investigations office”.
Amend sec. 2, page 1, by deleting lines 5 and 6 and inserting: “this chapter. The investigations office must include a special investigations unit consisting of criminal investigators and a compliance investigations unit consisting of compliance investigators.”.
Amend sec. 2, page 1, line 10, by deleting “employed” and inserting “authorized”.
Amend sec. 3, page 1, line 11, by deleting: “special investigations unit” and inserting “investigations office”.
Amend sec. 3, page 2, line 8, by deleting: “special investigations unit” and inserting “investigations office”.
Amend sec. 3, page 2, by deleting lines 14 and 15 and inserting: “of the board, or if the board or the investigations office is unable to resolve the”.
Amend sec. 3, page 2, line 16, by deleting the comma.
Amend sec. 3, page 2, by deleting lines 21 and 22 and inserting: “effective in resolving the complaint; and”.
Amend sec. 3, page 2, line 25, by deleting: “complaint to the satisfaction of that person.” and inserting “complaint.”.
Amend sec. 4, page 2, line 26, by deleting: “executive officer of the board,” and inserting: “board or its designee,”.
Amend sec. 4, page 2, line 27, by deleting: “evidence in his possession,” and inserting “evidence,”.
Amend sec. 4, page 2, line 30, by deleting “he” and inserting: “the board or its designee, as appropriate,”.
Amend sec. 4, page 2, line 38, by deleting: “licensee or applicant.” and inserting “complaint.”.
Amend sec. 4, page 2, line 42, after “15” by inserting “business”.
Amend sec. 6, page 3, by deleting line 16, and inserting: “citation within 15 business days after the date on which the citation is served on the licensee or applicant.”.
Amend sec. 6, page 3, line 29, after “15” by inserting “business”.
Amend sec. 6, page 3, by deleting line 30 and inserting: “after the date on which the citation is served on the licensee or applicant, or on or before such later date as specified by the board pursuant to subsection 4, the citation shall be deemed a”.
Amend sec. 6, page 3, between lines 33 and 34, by inserting:
“5. For the purposes of this section, a citation shall be deemed to have been served on a licensee or an applicant on:
(a) The date on which the citation is personally delivered to the licensee or applicant; or
(b) If the citation is mailed, the date on which the citation is mailed by certified mail to the last known business or residential address of the licensee or applicant.”.
Amend sec. 7, page 3, line 36, after “15” by inserting “business”.
Amend sec. 7, page 3, line 37, after “order,” by inserting: “or on or before such later date as specified by the board pursuant to subsection 4 of section 6 of this act,”.
Amend sec. 8, page 3, by deleting line 39 and inserting:
“Sec. 8. 1. On or before September 1 of each even-numbered year, the board or its designee shall:”.
Amend sec. 8, page 4, by deleting lines 1 through 4 and inserting:
“(b) Prepare a written summary that identifies potential difficulties in the regulation of contractors and”.
Amend sec. 8, page 4, line 6, by deleting “(d)” and inserting “(c)”.
Amend sec. 8, page 4, by deleting lines 8 and 9 and inserting:
“(2) The director of the legislative counsel bureau for transmittal to the next regular session of the legislature.”.
Amend sec. 9, page 4, line 12, by deleting “1.”.
Amend sec. 9, page 4, by deleting lines 18 through 22.
Amend sec. 10, page 4, line 26, after “the” by inserting “contractor’s”.
Amend sec. 10, page 4, line 29, by deleting: “15 days after the receipt of” and inserting: “the time permitted for compliance set forth in”.
Amend sec. 10, page 4, line 30, after “15” by inserting “business”.
Amend sec. 10, page 4, after line 43, by inserting:
“5. Failure or refusal to respond to a written request from the board or its designee to cooperate in the investigation of a complaint.
6. Failure or refusal to comply with a written request by the board or its designee for information or records, or obstructing or delaying the providing of such information or records.”.
Amend sec. 14, page 6, line 23, by deleting “license number” and inserting “license number,”.
Amend sec. 14, page 6, line 29, by deleting: “Obtaining a contractor’s license” and inserting: “Possessing a contractor’s license issued”.
Amend sec. 14, page 6, line 30, by deleting “Obtaining” and inserting “Possessing”.
Amend sec. 19, page 8, by deleting lines 19 through 23 and inserting: “consideration of the factors set forth in NRS 624.260, 624.263 and 624.265[.] and section 9 of this act.
3. Nothing contained in this section prohibits a specialty contractor from taking”.
Amend sec. 21, page 9, line 12, after “obtain” by inserting “or renew”.
Amend sec. 21, page 9, line 22, by deleting “residential” and inserting “physical”.
Amend sec. 23, page 11, between lines 28 and 29, by inserting:
“4. Before issuing a license to an applicant who will engage in residential construction or renewing the license of a contractor who engages in residential construction, the board shall require the applicant or licensee to establish his financial responsibility by submitting to the board:
(a) A financial statement prepared by a certified public accountant who is licensed pursuant to the provisions of chapter 628 of NRS; and
(b) A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the board. The statement submitted pursuant to this paragraph must be provided on a form approved by the board.
5. In addition to the requirements set forth in subsection 4, the board may require a licensee to establish his financial responsibility at any time.
6. An applicant for an initial contractor’s license or a licensee applying for the renewal of a contractor’s license has the burden of demonstrating his financial responsibility to the board.”.
Amend sec. 24,
page 11, line 31, by deleting “shall” and inserting “[shall]
must”.
Amend sec. 25, page 13, by deleting lines 4 and 5 and inserting: “the bond or deposit. [A person who brings action on a bond shall notify the board in writing upon filing the action.] No action may be commenced on”.
Amend sec. 25, page 13, line 7, after “based.” by inserting: “If an action is commenced on the bond, the surety that executed the bond shall notify the board of the action within 30 days after the date that:
(a) The surety is served with a complaint and summons; or
(b) The action is commenced,
whichever occurs first.”.
Amend sec. 25, page 13, by deleting lines 26 through 28 and inserting: “business. The surety [or the board] is entitled to deduct its costs of the action, including [attorney’s fees and] publication, from its liability under the bond . [or] The board is entitled to deduct its costs of the action, including attorney’s fees and publication, from the deposit.”.
Amend the bill as a whole by adding a new section designated sec. 25.5, following sec. 25, to read as follows:
“Sec. 25.5. NRS 624.275 is hereby amended to read as follows:
624.275 1. [The] With respect to a surety bond that a licensed contractor maintains in accordance with NRS 624.270:
(a) The surety shall give prompt notice to the board of any claims paid against the bond of the licensed contractor.
(b) The surety may cancel the bond upon giving 60 days’ notice to the board and to the contractor by certified mail.
2. Upon receipt by the board of the notice described in paragraph (a) of subsection 1, the board shall immediately notify the contractor who is the principal on the bond that his license will be suspended or revoked unless he furnishes an equivalent bond or establishes an equivalent cash deposit before a date set by the board.
3. Upon receipt by the board of the notice[,] described in paragraph (b) of subsection 1, the board shall immediately notify the contractor who is the principal on the bond that his license will be suspended or revoked unless he furnishes an equivalent bond or establishes an equivalent cash deposit before the effective date of the cancellation.
4. The notice mailed to the contractor by the board pursuant to subsection 2 or 3 must be [by certified mail] addressed to his latest address of record in the office of the board.
[2.] 5. If the contractor does not comply with the requirements of the notice from the board, his license must be suspended or revoked on the date [the] :
(a) Set by the board, if the notice was provided to the contractor pursuant to subsection 2; or
(b) The bond is canceled[.] , if the notice was provided to the contractor pursuant to subsection 3.”.
Amend sec. 38, page 20, by deleting line 30 and inserting: “624.115, for the limited purpose of obtaining and exchanging information on persons who hold a contractor’s license or are applying for a contractor’s license.”.
Amend sec. 39, page 20, line 32, by deleting: “the effective date of this act.” and inserting: “October 1, 1999.”.
Amend the bill as a whole by deleting sec. 40.
Amend the title of the bill, first and second lines, by deleting: “and duties of a special investigations unit;” and inserting: “of an investigations office by the state contractors’ board and prescribing its duties;”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senator Raggio moved that the Senate recess until 1:45 p.m.
Motion carried.
Senate in recess at 1:22 p.m.
SENATE IN SESSION
At 2:06 p.m.
President Hunt presiding.
Quorum present.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 97.
The following Assembly amendment was read:
Amendment No. 910.
Amend section 1, page 1, line 3, by deleting “mental retardation” and inserting “developmental services”.
Amend the title of the bill, first line, by deleting “mental retardation;” and inserting “developmental services;”.
Amend the summary of the bill, first line, by deleting “mental retardation.” and inserting “developmental services.”.
Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 97.
Remarks by Senator Rawson.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 131.
The following Assembly amendment was read:
Amendment No. 868.
Amend section 1, page 1, by deleting lines 4 through 8 and inserting: “is 400,000 or more shall enact an ordinance requiring a person other than a public utility who:
(a) Purchases paging services from a public utility; and
(b) Resells those paging services to another person for use primarily in the unincorporated area of the county,
to maintain such records of the names and addresses of the persons to whom the paging services are resold as the board deems”.
Amend section 1, pages 1 and 2, by deleting lines 13 and 14 on page 1 and lines 1 and 2 on page 2 and inserting:
“(b) The length of time that the records must be maintained.
3. As used in this section, “public utility” means:
(a) A public utility as defined in NRS 704.020; and
(b) A provider of a “commercial mobile service” as defined in 47 U.S.C. § 332.”.
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The governing body of each city in a county whose population is 400,000 or more shall enact an ordinance requiring a person other than a public utility who:
(a) Purchases paging services from a public utility; and
(b) Resells those paging services to another person for use primarily in the incorporated area of the city,
to maintain such records of the names and addresses of the persons to whom the paging services are resold as the governing body deems necessary.
2. The ordinance must include:
(a) The information that must be included in the records required to be maintained; and
(b) The length of time that the records must be maintained.
3. As used in this section, “public utility” means:
(a) A public utility as defined in NRS 704.020; and
(b) A provider of a “commercial mobile service” as defined in 47 U.S.C. § 332.”.
Amend the title of the bill to read as follows:
“AN ACT relating to local governments; requiring certain cities and counties to establish requirements for the maintenance of records by certain resellers of paging services; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires certain cities and counties to establish requirements for maintenance of records by certain resellers of paging services. (BDR 20‑578)”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 131.
Remarks by Senator Townsend.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 397.
The following Assembly amendment was read:
Amendment No. 789.
Amend sec. 3, page 2, line 1, after “entity,” by inserting: “in consultation with any Indian tribe that has local aboriginal ties to the geographical area in which a unique archeological or historical site is located and”.
Amend sec. 3, page 2, line 3, by deleting “any” and inserting: “the owner of any property that contains a unique archeological or historical site in this state or with any other”.
Amend sec. 3, page 2, line 19, after the semicolon by inserting “and”.
Amend sec. 3, page 2, line 20, by deleting “; and” and inserting an italicized period.
Amend sec. 3, page 2, by deleting line 21.
Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 397.
Remarks by Senator Rawson.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 464.
The following Assembly amendment was read:
Amendment No. 774.
Amend sec. 2, page 1, line 8, after “of ” by inserting: “not more than”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 464.
Remarks by Senator Townsend.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 495.
The following Assembly amendment was read:
Amendment No. 884.
Amend sec. 13, page 8, by deleting lines 1 through 42 and inserting:
“(b) Have had a reported payroll for the previous 12 months which would have resulted in a manual premium of at least $15,000, calculated in accordance with a manual prepared pursuant to subsection 4 of NRS 686B.1765.
4. An employer who seeks to become a member of the association after the 12 months immediately following the formation of the association must meet the requirement set forth in paragraph (a) or (b) of subsection 3 unless the commissioner adjusts the requirement for membership in the association after conducting an annual review of the actuarial solvency of the association pursuant to subsection 1 of NRS 616B.353.
5. An association of self-insured private employers may apply to the commissioner for authority to determine the amount of tangible net worth and manual premium that an employer must have to become a member of the association. The commissioner shall approve the application if the association:
(a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the commissioner;
(b) Has a combined tangible net worth of all members in the association of at least $5,000,000;
(c) Has at least 15 members; and
(d) Has not been required to meet informally with the commissioner pursuant to subsection 1 of NRS 616B.431 during the 18-month period immediately preceding the date on which the association filed the application with the commissioner or, if the association has been required to attend such a meeting during that period, has not had its certificate withdrawn before the date on which the association filed the application.
6. An association of self-insured private employers may apply to the commissioner for authority to determine the documentation demonstrating solvency that an employer must provide to become a member of the association. The commissioner shall approve the application if the association:
(a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the commissioner;
(b) Has a combined tangible net worth of all members in the association of at least $5,000,000; and
(c) Has at least 15 members.
7. The commissioner may withdraw his approval of an application submitted pursuant to subsection 5 or 6 if he determines the association has ceased to comply with any of the requirements set forth in subsection 5 or 6, as applicable.
8. [Except as otherwise provided in NRS 616B.389, a] A member of an association may terminate his membership at any time. To terminate his membership, a member must submit to the association’s administrator a notice of intent to withdraw from the association at least 120 days before the effective date of withdrawal. The association’s administrator shall, within 10 days after receipt of the notice, notify the commissioner of the employer’s intent to withdraw from the association.
9. The members of an association may cancel the membership of any member of the association in accordance with the bylaws of the association.
10. The association shall:
(a) Within 30 days after the addition of an employer to the membership of the association, notify the commissioner of the addition and:
(1) If the association has not received authority from the commissioner pursuant to subsection 5 or 6, as applicable, provide to the commissioner all information and assurances for the new member that were required from each of the original members of the association upon its organization; or
(2) If the association has received authority from the commissioner pursuant to subsection 5 or 6, as applicable, provide to the commissioner evidence that is satisfactory to the commissioner that the new member is a member or associate member of the bona fide trade association as required pursuant to paragraph (a) of subsection 2 of NRS 616B.350, a copy of the indemnity agreement that jointly and severally binds the new member, the other members of the association and the association that is required to be executed pursuant to paragraph (a) of subsection 1 of NRS 616B.353 and any other information the commissioner may reasonably require to determine whether the amount of security deposited with the commissioner pursuant to paragraph (d) or (e) of subsection 1 of NRS 616B.353 is sufficient, but such information must not exceed the information required to be provided to the commissioner pursuant to subparagraph (1);
(b) Notify the commissioner and the administrator of the termination or cancellation of the membership of any member of the association within 10 days after the termination or cancellation; and
(c) At the expense of the member whose membership is terminated or canceled, maintain coverage for that member for 30 days after notice is given pursuant to paragraph (b), unless the association first receives notice from the administrator that the member has:
(1) Become insured by the system;
(2) Been certified as a self-insured employer pursuant to NRS 616B.312;
(3) Become a member of another association of self-insured public or private employers; or
(4) Become insured by a private carrier.
11. If a member of an association changes his name or form of organization, the member remains liable for any obligations incurred or any responsibilities imposed pursuant to chapters 616A to 617, inclusive, of NRS under his former name or form of organization.
12. An association is liable for the payment of any compensation required to be paid by a member of the association pursuant to chapters 616A to 616D, inclusive, or [chapter] 617 of NRS during his period of membership. The insolvency or bankruptcy of a member does not relieve the association of liability for the payment of the compensation.”.
Amend the bill as a whole by renumbering sections 41 and 42 as sections 47 and 48 and adding new sections designated sections 41 through 46, following sec. 40, to read as follows:
“Sec. 41. Section 11 of Senate Bill No. 92 of this session is hereby amended to read as follows:
Sec. 11. NRS 616B.095 is hereby amended to read as follows:
Sec. 42. Section 15 of Senate Bill No. 92 of this session is hereby amended to read as follows:
Sec. 15. NRS 616B.224 is hereby amended to read as follows:
616B.224 1. Every private or public employer who is not a self-insured employer or a member of an association of self-insured public or private employers shall, at intervals and on or before dates established by his insurer, furnish the insurer with:
(a) A true and accurate payroll showing:
(1) The total amount paid to employees for services performed;
(2) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a) whose tips in cash totaled $20 or more; and
(3) A segregation of employment in accordance with the requirements of the commissioner; and
(b) Any premium due pursuant to the terms of the policy of industrial insurance.
The payroll reports and any premium may be furnished to the insurer on different dates, as established by the insurer.
2. Failure of any employer to comply with the provisions of this section operates as a rejection of chapters 616A to 616D, inclusive, and chapter 617 of NRS, effective on the date established by the insurer pursuant to subsection 1. The insurer shall notify the administrator of each such rejection.
3. The insurer shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of chapters 616A to 616D, inclusive, and chapter 617 of NRS as otherwise provided in those chapters.
4. The system may impose a penalty not to exceed 10 percent of the premiums which are due for the failure of an employer insured by the system to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.
5. To the extent permitted by federal law, the insurer shall vigorously pursue the collection of premiums that are due under the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS even if an employer’s debts have been discharged in a bankruptcy proceeding.
6. Every employer insured by the system shall pay its premiums to the state insurance fund. All money received by the system pursuant to this section must be deposited with the state treasurer to the credit of the state insurance fund.
Sec. 43. Section 41 of Senate Bill No. 92 of this session is hereby amended to read as follows:
Sec. 41. NRS 616D.050 is hereby amended to read as follows:
616D.050 1. Appeals officers, the administrator and the administrator’s designee, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters may:
(a) Issue subpoenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents.
(b) Administer oaths.
(c) Certify to official acts.
(d) Call and examine under oath any witness or party to a claim.
(e) Maintain order.
(f) Rule upon all questions arising during the course of a hearing or proceeding.
(g) Permit discovery by deposition or interrogatories.
(h) Initiate and hold conferences for the settlement or simplification of issues.
(i) Dispose of procedural requests or similar matters.
(j) Generally regulate and guide the course of a pending hearing or proceeding.
2. Hearing officers, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters, may:
(a) Issue subpoenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents that are relevant to the dispute for which the hearing or other proceeding is being held.
(b) Maintain order.
(c) Permit discovery by deposition or interrogatories.
(d) Initiate and hold conferences for the settlement or simplification of issues.
(e) Dispose of procedural requests or similar matters.
(f) Generally regulate and guide the course of a pending hearing or proceeding.
Sec. 44. Section 43 of Senate Bill No. 92 of this session is hereby amended to read as follows:
Sec. 43. NRS 616D.080 is hereby amended to read as follows:
616D.080 1. Each officer who serves a subpoena is entitled to receive the same fees as a sheriff.
2. Each witness who appears, in obedience to a subpoena which has been issued pursuant to this chapter or chapter 616A, 616B , [or] 616C or 617 of NRS, before an appeals officer, a hearing officer, the administrator or the administrator’s designee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record. For subpoenas issued on behalf of this state or an officer or agency thereof, the fees and mileage are not required to be tendered at the same time that the subpoena is delivered to the person named therein.
3. The appeals officer, hearing officer, administrator or the administrator’s designee shall:
(a) Authorize payment from his administrative budget of the fees and mileage due to such a witness; or
(b) Impose those costs upon the party at whose instance the witness was subpoenaed or, for good cause shown, upon any other party.
Sec. 45. Section 1 of Senate Bill No. 175 of this session is hereby amended to read as follows:
Section 1. NRS 616D.200 is hereby amended to read as follows:
616D.200 1. If the administrator finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617of NRS or that the employer has provided and secured that compensation but has failed to maintain it, he shall make a determination thereon and may charge the employer an amount equal to the sum of:
(a) The premiums that would otherwise have been owed to the system or a private carrier pursuant to the terms of chapters 616A to 616D, inclusive, or chapter 617of NRS for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years; and
(b) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid.
The money collected pursuant to this subsection must be paid into the uninsured employers’ claim fund.
2. The administrator shall deliver a copy of his determination to the employer. An employer who is aggrieved by the determination of the administrator may appeal from the determination pursuant to subsection 2 of NRS 616D.220.
3. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617of NRS, [is:
(a) For the first offense, guilty of a misdemeanor.
(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category C felony and shall be punished as provided in NRS 193.130.] shall be punished as follows:
(a) Except as otherwise provided in paragraph (b), if it is a first offense, for a misdemeanor.
(b) If it is a first offense and, during the period the employer was doing business in this state without providing, securing or maintaining compensation, one of his employees suffers an injury arising out of and in the course of his employment that results in substantial bodily harm to the employee or the death of the employee, for a category C felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and by a fine of not less than $1,000 nor more than $50,000.
(c) If it is a second or subsequent offense committed within 7 years after the previous offense, for a category C felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and by a fine of not less than $1,000 nor more than $50,000.
4. In addition to any other penalty imposed pursuant to paragraph (b) or (c) of subsection 3, the court shall order the employer to:
(a) Pay restitution to an insurer who has incurred costs as a result of the violation in an amount equal to the costs that have been incurred minus any costs incurred that have otherwise been recovered; and
(b) Reimburse the uninsured employers’ claim fund for all payments made from the fund on the employer’s behalf, including any benefits, administrative costs or attorney’s fees paid from the fund, that have not otherwise been recovered pursuant to NRS 616C.220.
5. Any criminal penalty imposed pursuant to subsections 3 and 4 must be in addition to the amount charged pursuant to subsection 1.
Sec. 46. Senate Bill No. 175 of this session is hereby amended by adding thereto a new section designated sec. 2, following section 1, to read as follows:
Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1999.”.
Amend sec. 42, page 25, line 29, after “40” by inserting: “to 46, inclusive,”.
Amend sec. 42, page 25, line 30, by deleting “41” and inserting “47”.
Amend sec. 42, page 25, line 31, by deleting “13,”.
Amend sec. 42, page 25, line 32, by deleting “41” and inserting “47”.
Amend sec. 42, page 25, after line 32, by inserting:
“3. Section 13 of this act becomes effective at 12:02 a.m. on July 1, 1999.”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 495.
Remarks by Senator Townsend.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 519.
The following Assembly amendment was read:
Amendment No. 878.
Amend the bill as a whole by deleting section 1 and inserting:
“Section 1. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 3. and inserting:
“Sec. 3. (Deleted by amendment.)”.
Amend sec. 4, page 5, by deleting lines 33 through 43.
Amend the bill as a whole by deleting sec. 5.
Senator Rawson moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 519.
Remarks by Senator Rawson.
Motion carried.
Bill ordered transmitted to the Assembly.
Recede From Senate Amendments
Senator Townsend moved that the Senate do not recede from its action on Assembly Bill No. 477, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator Townsend.
Motion carried.
Appointment of Conference Committees
Madam President appointed Senators Schneider, Jacobsen and Rhoads, as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 477.
Reports of Conference Committees
Madam President:
The first Conference Committee concerning Senate Bill No. 532, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be receded from.
Joseph M. Neal John J. Lee
Jon C. Porter Dawn Gibbons
Terry Care Bonnie L. Parnell
Senate Conference Committee Assembly Conference Committee
Senator Neal moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 532.
Remarks by Senator Neal.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 363.
Bill read third time.
Roll call on Senate Bill No. 363:
Yeas—20.
Nays—None.
Not Voting—Jacobsen.
Senate Bill No. 363 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 485.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Senate Bill No. 485:
Yeas—21.
Nays—None.
Senate Bill No. 485 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 18.
Bill read third time.
Roll call on Assembly Bill No. 18:
Yeas—19.
Nays—McGinness, Washington—2.
Assembly Bill No. 18 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 37.
Bill read third time.
Roll call on Assembly Bill No. 37:
Yeas—21.
Nays—None.
Assembly Bill No. 37 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 86.
Bill read third time.
Roll call on Assembly Bill No. 86:
Yeas—17.
Nays—Amodei, James, McGinness, Washington—4.
Assembly Bill No. 86 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 94.
Bill read third time.
Roll call on Assembly Bill No. 94:
Yeas—21.
Nays—None.
Assembly Bill No. 94 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 109.
Bill read third time.
The following amendment was proposed by Senator Townsend:
Amendment No. 1021.
Amend the bill as a whole by renumbering section 1 as sec. 10 and adding new sections designated sections 1 through 9, following the enacting clause, to read as follows:
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. “Informal market” means:
1. A gathering at which:
(a) Two or more persons offer personal property for sale or exchange;
(b) A fee is charged for the sale or exchange of personal property; or
(c) A fee is charged for admission to the area in which personal property is offered for sale or exchange; or
2. A place at which personal property is offered or displayed for sale or exchange on more than six occasions in a period of 12 months,
whether held in a building, under cover or in the open air.
Sec. 4. “Informal merchant” means a person who does not have an established retail store in the county and who transports an inventory of goods to an informal market and displays the goods for sale, offers them for sale at retail or sells them at retail.
Sec. 5. The provisions of sections 2 to 8, inclusive, of this act do not apply to:
1. The sale or exchange of personal property organized for the sole benefit of a religious, educational or charitable purpose, if no part of any fee for admission or parking charged to vendors or prospective purchasers, or receipts from the sale or exchange, inures to the benefit of any private person participating in the organization or conduct of the gathering;
2. Offering for sale or displaying new personal property if all participants are manufacturers, their authorized representatives or distributors;
3. Business conducted in an industrial or commercial trade show;
4. The sale of a vehicle that is required to be registered or is the subject of a certificate of title issued in this state;
5. A farmers’ market or the sale of firewood or livestock;
6. The sale of the product of the seller’s art or craft;
7. Property, even if never used, whose style, packaging or material indicates that it was not recently manufactured or produced;
8. A sale by sample, catalog or brochure for future delivery;
9. The sale or exchange of personal property at an event which is held at the residence of the seller or one of the sellers of the personal property that is commonly referred to as a “garage sale” or “yard sale”; or
10. Presentation for sale made pursuant to a previous individual invitation to the prospective purchaser by the owner or occupant of the premises.
Sec. 6. 1. An informal merchant shall not offer for sale at an informal market, or knowingly allow the sale of, infant formula, medical devices, nonprescription drugs, cosmetics or products for personal care, unless the seller keeps available for public inspection a genuine written authorization from the manufacturer or distributor of the product sold.
2. As used in this section:
(a) “Infant formula” means food manufactured, packaged and labeled for consumption by children who have not attained 2 years of age.
(b) “Medical device” means:
(1) An article, or any part of an article, required pursuant to federal law to bear the label: “Caution: Federal law requires dispensing by or on the order of a physician”; or
(2) An article defined by federal law as a medical device which:
(I) Is intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease in man or other animals or to affect the structure or any function of the body of man or other animals;
(II) Does not achieve any intended purpose through chemical action within the body; and
(III) Does not depend upon being metabolized for the achievement of any intended purpose.
(c) “Nonprescription drug” means a nonnarcotic medicine or drug that may be sold without a prescription and is prepackaged for use by the customer or prepared by the manufacturer or producer for use by the customer. The term does not include herbal products, dietary supplements, botanical extracts or vitamins.
Sec. 7. 1. An informal merchant shall maintain a receipt for each purchase of unused property, containing:
(a) The date of the purchase;
(b) The name of the person from whom the property was acquired;
(c) An identification or description of the property;
(d) The price paid for the property; and
(e) The signatures of the merchant and the person from whom the property was acquired.
2. It is unlawful for a merchant required by subsection 1 to maintain a receipt to:
(a) Falsify, obliterate or destroy the receipt;
(b) Refuse, or fail upon request, to produce the receipt for inspection within a time reasonable under the circumstances of the request, but an informal merchant need not keep such receipts on his person without reasonable notice; or
(c) Fail to maintain the receipt for at least 2 years.
3. As used in this section, “unused property” means tangible personal property acquired by an informal merchant directly from the manufacturer, producer, wholesaler or retailer of the property in the ordinary course of business which has never been used since its manufacture or production or which is in its original, unopened package or container.
Sec. 8. An informal merchant who violates a provision of sections 2 to 7, inclusive, of this act is guilty of:
1. For the first offense, a misdemeanor.
2. For the second offense, a gross misdemeanor.
3. For the third or a subsequent offense, a category E felony and shall be punished as provided in NRS 193.130.
Sec. 9. 1. A person who, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits or reproduces a retail sales receipt or a Universal Product Code Label, is guilty of a category E felony and shall be punished as provided in NRS 193.130 and by a fine not exceeding three times the value represented on the retail sales receipts or the Universal Product Code Labels.
2. A person who, with intent to cheat or defraud a retailer, possesses 15 or more fraudulent receipts or Universal Product Code Labels, or possesses a device that manufactures fraudulent receipts or Universal Product Code Labels, is guilty of a category D felony and shall be punished as provided in NRS 193.130.”.
Amend the bill as a whole by adding a new section designated sec. 11, following section 1, to read as follows:
“Sec. 11. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.”.
Amend the title of the bill to read as follows:
“AN ACT relating to trade practices; regulating the merchandise sold at informal markets and the records required to be kept; prohibiting certain use of retail sales receipts or Universal Product Code Labels; revising the definition of “organization” for the purposes of determining the applicability of certain provisions relating to deceptive trade practices; providing penalties; and providing other matters properly relating thereto.”.
Amend the summary of the bill by deleting “deceptive”.
Senator Porter moved the adoption of the amendment.
Remarks by Senator Porter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 239.
Bill read third time.
The following amendment was proposed by Senator Washington:
Amendment No. 1042.
Amend sec. 2, page 2, between lines 23 and 24, by inserting:
“6. The following facts must not be considered as evidence of negligence or causation in any civil action brought against a nonprofit agency:
(a) The fact that the nonprofit agency did not apply for a grant of money from the account.
(b) The fact that the nonprofit agency did not request that the central repository, through the use of the account, determine whether a volunteer or prospective volunteer of the nonprofit agency has committed a sexual offense.”.
Amend the title of the bill to read as follows:
“AN ACT relating to volunteers; creating a revolving account to pay the costs of the central repository to process requests from nonprofit agencies to determine whether a volunteer who works directly with children has committed a sexual offense; authorizing state and local governmental agencies to establish forms and procedures for persons to make donations to the account while they are transacting business with the governmental agency; providing that the decision by a nonprofit agency not to use the account must not be considered as evidence of negligence or causation in a civil action brought against the agency; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning background checks of volunteers. (BDR 14‑61)”.
Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 272.
Bill read third time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 994.
Amend the bill as a whole by deleting sections 1 and 2 and inserting new sections designated sections 1 through 16 to read as follows:
“Section 1. NRS 482.215 is hereby amended to read as follows:
2. Applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department or to a registered dealer.
3. Each application must be made upon the appropriate form furnished by the department and contain:
(a) The signature of the owner.
(b) His residential address.
(c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.
(d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether the vehicle is new or used and the last license number, if known, and the state in which it was issued, and [upon] for the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.
(e) Proof satisfactory to the department or registered dealer that the applicant has provided the insurance required by NRS 485.185 and his signed declaration that he will maintain the insurance during the period of registration.
(f) If the insurance is provided by a contract of insurance, evidence of that insurance provided by the insurer in the form of:
(1) A certificate of insurance on a form approved by the commissioner of insurance; or
(2) A [card] form issued pursuant to NRS 690B.023 which identifies the vehicle and indicates, at the time of application for registration, coverage which [meets] complies with the requirements of NRS 485.185.
The department may file that evidence, return it to the applicant or otherwise dispose of it.
(g) If required, evidence of the applicant’s compliance with controls over emission.
4. The application must contain such other information as is required by the department or registered dealer, and must be accompanied by proof of ownership satisfactory to the department.
5. For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:
(a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance [covering] for that fleet.
(b) Other fleets composed of 10 or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance [covering] for that fleet.
(c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his certificate of self-insurance.
[(d) A person who qualifies for an operator’s policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.]
Sec. 2. Chapter 485 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An operator’s policy of liability insurance must state, in addition to the requirements of NRS 485.3091, that:
(a) The insurer is only liable under the policy for liability incurred by the insured while the named insured is the operator of a motor vehicle or while a motor vehicle owned by the insured is not being operated by any person;
(b) The policy does not provide coverage for any vicarious liability imposed on the owner of the motor vehicle as a result of the operation by another person of a motor vehicle owned by the insured or for any liability imposed by NRS 41.440 or 483.300; and
(c) The coverage provided by the policy may not meet the requirements of the financial responsibility laws of other states,
unless such extended coverage is expressly included in the policy. No operator’s policy of liability insurance may be delivered or issued for delivery in this state unless the insured has signed an endorsement stating that he has read and understood the policy and its limitations.
2. An operator’s policy of liability insurance must not provide coverage for damages incurred while a person other than the named insured is operating a motor vehicle.
3. An operator’s policy of liability insurance must provide coverage for liability incurred by the insured while a motor vehicle owned by the insured is not being operated by any person.
Sec. 3. NRS 485.0335 is hereby amended to read as follows:
485.0335 “Dormant vehicle” means a motor vehicle:
1. For which [a] an owner’s policy of liability insurance is required pursuant to this chapter; and
2. That will not be operated for an extended period because of mechanical or seasonal circumstances.
Sec. 4. NRS 485.034 is hereby amended to read as follows:
485.034 “Evidence of insurance” means:
1. The form provided by an insurer pursuant to NRS 690B.023 as evidence of [a contract of insurance for a motor vehicle liability policy;] an owner’s policy of liability insurance; or
2. The certificate of self-insurance issued to a self-insurer by the [department] division pursuant to NRS 485.380.
Sec. 5. NRS 485.186 is hereby amended to read as follows:
485.186 [1. Except as otherwise provided in subsection 6, any natural] A person may not satisfy the requirements of NRS 485.185 by obtaining, in lieu of an owner’s policy of liability insurance, an operator’s policy of liability insurance . [which meets the requirements of this section and NRS 485.3091.
2. An operator’s policy of liability insurance must state, in addition to the requirements of NRS 485.3091, that:
(a) The insurer is only liable under the policy for liability incurred by the insured while the named insured is the operator of a motor vehicle or while a motor vehicle owned by the insured is not being operated by any person;
(b) The policy does not provide coverage for any vicarious liability imposed on the owner of the motor vehicle as a result of the operation by another person of a motor vehicle owned by the insured or for any liability imposed by NRS 41.440 or 483.300; and
(c) The coverage provided by the policy may not meet the requirements of the financial responsibility laws of other states,
unless such extended coverage is expressly included in the policy. No operator’s policy of liability insurance may be delivered or issued for delivery in this state unless the insured has signed an endorsement stating that he has read and understood the policy and its limitations.
3. An owner of a motor vehicle which is registered or required to be registered in this state and who holds an operator’s policy of liability insurance shall not permit another person to operate his motor vehicle if the owner knows or should have known that the person does not have liability insurance to cover his own operation of that motor vehicle.
4. An operator’s policy of liability insurance must not provide coverage for damages incurred while a person other than the named insured is operating a motor vehicle.
5. An operator’s policy of liability insurance must provide coverage for liability incurred by the insured while a motor vehicle owned by the insured is not being operated by any person.
6. This section does not apply to a lessor, dealer, manufacturer, rebuilder or distributor of a motor vehicle, an owner of a fleet, a common, contract or private motor carrier or any other employer who owns a motor vehicle for use in his business.]
Sec. 6. NRS 485.187 is hereby amended to read as follows:
485.187 1. Except as otherwise provided in subsection 5, the owner of a motor vehicle shall not:
(a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having insurance as required by NRS 485.185.
(b) Operate or knowingly permit the operation of the motor vehicle without having evidence of insurance of the operator or the vehicle in the vehicle.
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department the evidence of insurance.
(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.
2. A person shall not operate the motor vehicle of another person unless:
(a) He first ensures that the required evidence of insurance is present in the motor vehicle; or
(b) He has his own evidence of insurance which [covers] provides coverage for him as the operator of the motor vehicle.
3. Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 is guilty of a misdemeanor. Except as otherwise provided in this subsection, in addition to any other penalty, a person sentenced pursuant to this subsection shall be punished by a fine of not less than $600 [nor] and not more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the person obtains a motor vehicle liability policy [not later than 30 days after the fine is imposed,] of liability insurance by the time of sentencing, unless:
(a) The person has registered the vehicle as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215; or
(b) The person has been issued a certificate of self-insurance pursuant to NRS 485.380.
4. A court:
(a) Shall not find a person guilty or fine a person for a violation of paragraph (a), (b) or (c) ofsubsection 1 or for a violation of subsection 2 if he presents evidence to the court that the insurance required by NRS 485.185 was in effect at the time demand was made for it.
(b) Except as otherwise provided in paragraph (a), may impose a fine of not more than $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend a portion of the fine on the condition that the person presents proof to the court each month for 12 months that the insurance required by NRS 485.185 is [currently] in effect.
5. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a [valid] permit issued by the department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS 482.396, 482.3965, 482.423 or 482.424 authorizing the movement or operation of that vehicle within [the] this state for a limited time.
Sec. 7. NRS 485.187 is hereby amended to read as follows:
485.187 1. Except as otherwise provided in subsection 5, the owner of a motor vehicle shall not:
(a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having insurance as required by NRS 485.185.
(b) Operate or knowingly permit the operation of the motor vehicle without having evidence of insurance of the operator or the vehicle in the vehicle.
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department the evidence of insurance.
[(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.]
2. A person shall not operate the motor vehicle of another person unless:
(a) He first ensures that the required evidence of insurance is present in the motor vehicle; or
(b) He has his own evidence of insurance which provides coverage for him as the operator of the motor vehicle.
3. Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 is guilty of a misdemeanor. Except as otherwise provided in this subsection, in addition to any other penalty, a person sentenced pursuant to this subsection shall be punished by a fine of not less than $600 and not more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the person obtains [a motor vehicle liability] an owner’s policy of liability insurance by the time of sentencing, unless:
(a) The person has registered the vehicle as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215; or
(b) The person has been issued a certificate of self-insurance pursuant to NRS 485.380.
4. A court:
(a) Shall not find a person guilty orfine a person for a violation of [paragraph (a), (b) or (c) of] subsection 1 or [for a violation of subsection] 2 if he presents evidence to the court that the insurance required by NRS 485.185 was in effect at the time demand was made for it.
(b) Except as otherwise provided in paragraph (a), may impose a fine ofnot more than$1,000 for a violation of [paragraph (a), (b) or (c) of] subsection 1, and suspend a portion of thefine on the condition that the person presents proof to the court each month for 12 months that the insurance required by NRS 485.185 is in effect.
5. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a permit issued by the department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS 482.396, 482.3965, 482.423 or 482.424 authorizing the movement or operation of that vehicle withinthis state for a limited time.
Sec. 8. NRS 485.190 is hereby amended to read as follows:
485.190 1. If 20 days after the receipt of a report of an accident involving a motor vehicle within this state which has resulted in bodily injury or death, or damage to the property of any one person in excess of $750, the division does not have on file evidence satisfactory to [it] the division that the person who would otherwise be required to file security under subsection 2 of this section has been released from liability, has been finally adjudicated not to be liable or has executed an acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the division shall upon request set the matter for a hearing as provided in NRS 485.191.
2. The division shall, at any time after a determination adverse to an operator or owner pursuant to NRS 485.191, suspend the license of each operator and all registrations of each owner of a motor vehicle involved in such an accident, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this state, and, if the owner is a nonresident, the privilege of the use within this state of any motor vehicle owned by him, unless the operator or owner, or both, deposit security in the sum so determined by the division. Notice of such a suspension must be sent by the division to the operator and owner not less than 10 days before the effective date of the suspension and must state the amount required as security. [Where] If erroneous information is given to the division with respect to the matters set forth in [paragraph (a), (b) or (c) of] subsection 1 , 2 or 3 of NRS 485.200, the division shall take appropriate action as provided in this section after it receives correct information with respect to those matters.
Sec. 9. NRS 485.200 is hereby amended to read as follows:
485.200 [1.] The requirements [as] relating to security and suspension in NRS 485.190 to 485.300, inclusive, do not apply:
[(a)] 1. To the operator or owner if he had in effect at the time of the accident a motor vehicle liability policy with respect to the motor vehicle involved in the accident;
[(b)] 2. To the operator if there was in effect at the time of the accident a motor vehicle liability policy with respect to his operation of any motor vehicle;
[(c)] 3. To the operator or owner if his liability for damages resulting from the accident is, in the judgment of the division, covered by any other form of liability insurance policy or a bond;
[(d)] 4. To any person qualifying as a self-insurer pursuant to NRS 485.380, or to any person operating a motor vehicle for the self-insured;
[(e)] 5. To the operator or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of [anyone] another person other than the operator or owner;
[(f)] 6. To the operator or the owner of a motor vehicle legally parked at the time of the accident;
[(g)] 7. To the owner of a motor vehicle if at the time of the accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating the motor vehicle without permission; or
[(h)] 8. If, before the date that the division would otherwise suspend the license and registration or nonresident’s operating privilege pursuant to NRS 485.190, there is filed with the division evidence satisfactory to [it] the division that the person who would otherwise have to file security has been released from liability or has received a determination in his favor at a hearing conducted pursuant to NRS 485.191, or has been finally adjudicated not to be liable or has executed an acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.
[2. An owner who is not the operator of the motor vehicle is not exempt from the requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, if he holds a motor vehicle liability policy which provides coverage only when he is operating the motor vehicle and, at the time of the accident, another person is operating the motor vehicle with the express or implied permission of the owner.]
Sec. 10. NRS 485.280 is hereby amended to read as follows:
485.280 A deposit or any balance thereof must be returned to the depositor or his personal representative:
1. [When] If evidence satisfactory to the division has been filed with [it] the division that there has been a release from liability, a final adjudication of nonliability or an acknowledged agreement, in accordance with [paragraph (h) of subsection 1] the provisions of subsection 8 of NRS 485.200; or
2. If 2 years after the date of the accident or 1 year [from] after the date of deposit of any security under NRS 485.230, whichever period is longer, the division is given reasonable evidence that there is no action pending and no judgment rendered in such an action left unpaid.
Sec. 11. NRS 485.314 is hereby amended to read as follows:
485.314 1. On or before the 15th calendar day of each month, each insurer that has executed a contract of insurance for [a motor vehicle liability] an owner’s policy of liability insurance which may be used to [meet] comply with the requirements of NRS 485.185 shall provide the department with a record of each such policy issued, amended or terminated in the previous month on the date the record is provided. The record must include:
(a) The name or identification number of each insured named in the policy of insurance;
(b) The make, year and vehicle identification number of each motor vehicle included in the policy of insurance;
(c) The number, effective date and expiration date of the policy of insurance; and
(d) Any other information required by the department.
2. The record provided pursuant to subsection 1 must be submitted in a form approved by the department and may include, without limitation, magnetic tape or any other electronic medium deemed acceptable by the department.
3. The department shall notify the commissioner of insurance if an insurer:
(a) Fails to comply with subsection 1 or 2; or
(b) In complying with subsection 1 or 2, provides to the department information that is false, incomplete or misleading.
Sec. 12. NRS 485.317 is hereby amended to read as follows:
485.317 1. The department shall, at least monthly, compare the current registrations of motor vehicles to the information in the data base created pursuant to NRS 485.313 to verify that each motor vehicle:
(a) Which is newly registered in this state; or
(b) For which a policy of liability insurance has been issued, amended or terminated,
is covered by [a policy of liability] insurance as required by NRS 485.185. In identifying a motor vehicle for verification pursuant to this subsection, the department shall, if the motor vehicle was manufactured during or after 1981, use only the vehicle identification number, in whole or in part.
2. The department shall send a form for verification by first-class mail to each registered owner that it determines has not maintained the insurance required by NRS 485.185. The owner shall complete the form with all the information which is requested by the department, including whether he carries an owner’s [or operator’s] policy of liability insurance or a certificate of self-insurance, and return the completed form within 20 days after the date on which the form was mailed by the department. If the department does not receive the completed form within 20 days after it mailed the form to the owner, the department shall send to the owner a second form for verification by certified mail. The owner shall complete the form and return it to the department within 15 days after the date on which it was sent by the department. [This subsection does] The provisions of this subsection do not prohibit an authorized agent of the owner from providing to the department:
(a) The information requested by the department pursuant to this subsection.
(b) Additional information to amend or correct information already submitted to the department pursuant to this subsection.
3. When the department receives a completed form for verification , it shall verify the information on the form.
4. The department shall suspend the registration and require the return to the department of the license plates of any vehicle for which:
(a) Neither of the forms for verification set forth in subsection 2 is returned to the department by the registered owner or his authorized agent within the period specified in that subsection;
(b) Either of the forms for verification set forth in subsection 2 is returned to the department by the registered owner or his authorized agent and the department is not able to verify the information on the form; or
(c) Either of the forms for verification set forth in subsection 2 is returned by the registered owner or his authorized agent with an admission of having no insurance or without indicating an insurer or the number of a motor vehicle liability policy or a certificate of self-insurance.
5. If the department suspends a registration pursuant to subsection 4 because:
(a) Neither the owner nor his authorized agent returned a form for verification within the specified period or the owner or his authorized agent returned a form for verification that was not completed sufficiently, and the owner or his authorized agent, thereafter:
(1) Proves to the satisfaction of the department that there was a justifiable cause for his failure to do so;
(2) Submits a completed form regarding his insurance on the date stated in the form mailed by the department pursuant to subsection 2; and
(3) Presents evidence of current insurance; or
(b) The owner or his authorized agent submitted to the department a form for verification containing information that the department was unable to verify and, thereafter, the owner or his authorized agent presents to the department:
(1) A corrected form or otherwise verifiable evidence setting forth that the owner possessed insurance on the date stated in the form; and
(2) Evidence of current insurance,
the department shall rescind its suspension of the registration if it is able to verify the information on the form or the other evidence presented. The department shall not charge a fee to reinstate a registration, the suspension of which was rescinded pursuant to this subsection. For the purposes of this subsection, “justifiable cause” may include, but is not limited to, the fact that the owner did not receive the form mailed by the department pursuant to subsection 2.
6. Except as otherwise provided in subsection 7, if a registered owner whose registration is suspended pursuant to subsection 4, failed to have insurance on the date specified in the form for verification, the department shall reinstate the registration of the vehicle and reissue the license plates only upon filing by the registered owner of evidence of current insurance and payment of the fee for reinstatement of registration prescribed in paragraph (a) of subsection 6 of NRS 482.480.
7. If a registered owner proves to the satisfaction of the department that his vehicle was a dormant vehicle during the period in which the information provided pursuant to NRS 485.314 indicated that there was no insurance for the vehicle, the department shall reinstate his registration and, if applicable, reissue his license plates. If such an owner of a dormant vehicle failed to cancel the registration for the vehicle in accordance with subsection 3 of NRS 485.320, the department shall not reinstate his registration or reissue his license plates unless the owner pays the fee set forth in paragraph (b) of subsection 6 of NRS 482.480.
8. For the purposes of verification of insurance by the department pursuant to this section, a registered owner shall not be deemed to have failed to maintain [liability] insurance for a motor vehicle unless the vehicle is without coverage for [a period of] more than 7 days.
Sec. 13. NRS 690B.023 is hereby amended to read as follows:
690B.023 If insurance for the operation of a motor vehicle required pursuant to NRS 485.185 is provided by [a contract] an owner’s policy of liability insurance, the insurer shall:
1. Provide evidence of insurance to the insured on a form approved by the commissioner. The evidence of insurance must include:
(a) The name and address of the policyholder;
(b) The name and address of the insurer;
(c) The year, make and complete identification number of the insured vehicle or vehicles;
(d) The term of the insurance, including the day, month and year on which the policy:
(1) Becomes effective; and
(2) Expires;
(e) The number of the policy;
(f) A statement that the coverage [meets] complies with the requirements set forth in NRS 485.185; and
(g) The statement “This card must be carried in the insured motor vehicle for production upon demand.” The statement must be prominently displayed.
2. Provide new evidence of insurance if:
(a) The information regarding the insured vehicle or vehicles required pursuant to paragraph (c) of subsection 1 no longer is accurate;
(b) An additional motor vehicle is added to the policy;
(c) A new number is assigned to the policy; or
(d) The insured notifies the insurer that the original evidence of insurance has been lost.
Sec. 14. Each insurer who has issued operators’ policies of liability insurance pursuant to NRS 485.186 and 485.3091 for the purpose of complying with the requirements of NRS 485.185 which are in effect on July 1, 1999:
1. Shall not renew an operator’s policy of liability insurance issued for that purpose; and
2. Shall provide, not later than October 1, 1999, a written notice to each holder of an operator’s policy of liability insurance issued by the insurer which states that, after December 31, 1999, the policy will not satisfy the requirements set forth in NRS 485.185 for insurance for the payment of liability arising from the maintenance or use of a motor vehicle that is registered or required to be registered in this state.
Sec. 15. The amendatory provisions of section 6 of this act do not apply to offenses that were committed before October 1, 1999.
Sec. 16. 1. This section and section 14 of this act become effective on July 1, 1999.
2. Section 6 of this act becomes effective on October 1, 1999.
3. Sections 1 to 5, inclusive, 7 to 13, inclusive, and 15 of this act become effective on January 1, 2000.”.
Amend the title of the bill, first line, after “vehicles;” by inserting: “providing that an operator’s policy of liability insurance does not satisfy the requirements for liability insurance for a motor vehicle that is registered or required to be registered in this state;”.
Amend the summary of the bill by deleting the first line and inserting:
“SUMMARY—Revises provisions regarding requirements for liability insurance for motor vehicle that is registered or required to be registered in Nevada.”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senators Neal, O’Donnell, Townsend and Coffin.
Conflict of interest declared by Senator Porter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 289.
Bill read third time.
Roll call on Assembly Bill No. 289:
Yeas—21.
Nays—None.
Assembly Bill No. 289 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 309.
Bill read third time.
Roll call on Assembly Bill No. 309:
Yeas—21.
Nays—None.
Assembly Bill No. 309 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 363.
Bill read third time.
Roll call on Assembly Bill No. 363:
Yeas—20.
Nays—None.
Not Voting—Raggio.
Assembly Bill No. 363 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 376.
Bill read third time.
Roll call on Assembly Bill No. 376:
Yeas—20.
Nays—Carlton.
Assembly Bill No. 376 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 392.
Bill read third time.
Roll call on Assembly Bill No. 392:
Yeas—21.
Nays—None.
Assembly Bill No. 392 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 406.
Bill read third time.
Roll call on Assembly Bill No. 406:
Yeas—21.
Nays—None.
Assembly Bill No. 406 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 451.
Bill read third time.
Roll call on Assembly Bill No. 451:
Yeas—21.
Nays—None.
Assembly Bill No. 451 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 517.
Bill read third time.
Roll call on Assembly Bill No. 517:
Yeas—21.
Nays—None.
Assembly Bill No. 517 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 528.
Bill read third time.
Roll call on Assembly Bill No. 528:
Yeas—21.
Nays—None.
Assembly Bill No. 528 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 536.
Bill read third time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 1047.
Amend sec. 5, page
2, line 25, after “inclusive,” by inserting: “[and] sections 2 and 3 of Assembly
Bill No. 535 of this [act,]session,”.
Amend sec. 5, page
2, line 27, after “inclusive,” by inserting: “[and] section 2 of Assembly
Bill No. 535 ofthis [act,] session,”.
Amend sec. 5.5, page 2, line 42, after “substances” by inserting: “or explosives”.
Amend sec. 6, page 3, line 16, after “459.387,” by inserting: “[or] section 3 of Assembly Bill No. 535 of this [act,] session,”.
Amend sec. 6, page 3, line 23, after “459.387,” by inserting: “[or] section 3 of Assembly Bill No. 535 of this [act,] session,”.
Amend sec. 7, page 4, line 13, by deleting “annual fee:” and inserting: “the fee required pursuant to NRS 459.3824:”.
Amend sec. 7, page 5, line 16, after “459.387,” by inserting: “[or] section 3 of Assembly Bill No. 535 of this [act,] session,”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 573.
Bill read third time.
Roll call on Assembly Bill No. 573:
Yeas—21.
Nays—None.
Assembly Bill No. 573 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 583.
Bill read third time.
Roll call on Assembly Bill No. 583:
Yeas—19.
Nays—None.
Not Voting—Coffin, Raggio—2.
Assembly Bill No. 583 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 590.
Bill read third time.
Roll call on Assembly Bill No. 590:
Yeas—21.
Nays—None.
Assembly Bill No. 590 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 591.
Bill read third time.
Roll call on Assembly Bill No. 591:
Yeas—21.
Nays—None.
Assembly Bill No. 591 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 599.
Bill read third time.
Roll call on Assembly Bill No. 599:
Yeas—20.
Nays—Neal.
Assembly Bill No. 599 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Washington moved that Assembly Bill No. 632 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Washington.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 637.
Bill read third time.
Roll call on Assembly Bill No. 637:
Yeas—21.
Nays—None.
Assembly Bill No. 637 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 638.
Bill read third time.
Roll call on Assembly Bill No. 638:
Yeas—21.
Nays—None.
Assembly Bill No. 638 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 646.
Bill read third time.
Roll call on Assembly Bill No. 646:
Yeas—19.
Nays—None.
Not Voting—Coffin, Raggio—2.
Assembly Bill No. 646 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Joint Resolution No. 5 of the 69th Session.
Resolution read third time.
Remarks by Senator Raggio.
Senator Raggio moved that Assembly Joint Resolution No. 5 of the 69th Session be moved to the next legislative day.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolution
There being no objections, the President and Secretary signed Senate Bills Nos. 49, 111, 148, 182, 190, 284, 291, 314, 346, 349, 383, 395, 419, 424, 440, 455, 512, 515, 522, 523; Assembly Bills Nos. 204, 241, 252, 253, 296, 397, 423, 467, 469, 490, 626, 627, 645.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Pinon Hills Elementary School: Lindsey Albright, Melisa Anderson, Jeff Baughn, Brandi Bernard, Darren Brady. P.J. Burt, Jay Colebaugh, Amanda Camp, Alex Powers, Dick Estes, K.J. Felix, Trever Fratis, Travis Gokdede, Jay Hamlett, Cortney, Hardt, Zack Hickman, Jack Hotho, Felicia Imelli, Mary LesiakKristen Lombard, Jack Maloney, Lauren Martin, Stephanie Maynes, Jessica Nunez, Pat Olson, Scott Paine, Tyler Saunders, David Strurgess, Marlena Aguilar, Megan Williamson, Justin Bonesteel, Glenn Coleman, Renee Cote, Alanna Crank, Steve Done, Katie Ezell, Dana Gaworski, John Hefner, Sarah Hitchcock, Doug Lay, Courtney Lenhart, Meghan Lochridge, Katie McNeill, Steve Minifie, Liz Preston, Josh Sellers, Patricia Smith, Patrick Smith, Brittney and Nina Vigen and the following teachers and chaperones: Lyndon Jacobsen, Susan Moore, and Joe Frock.
On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Paul Adams and Barbara Adams.
Senator Raggio moved that the Senate adjourn until Thursday, May 20, 1999 at 11 a.m.
Motion carried.
Senate adjourned at 3:10 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas