THE ONE HUNDRED AND TENTH DAY
Carson City(Friday), May 21, 1999
Senate called to order at 11:25 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, the Reverend Bruce Henderson.
2 Peter 3:8 But do not let this one fact escape your notice, beloved, that with the Lord one day is as a thousand years, and a thousand years as one day.
Lord, does that mean that you too are on “legislative time?” We are grateful, Father, that You are eternal and everlasting and timeless. May hustle and bustle be less important to us. May we indeed take time to do as You have asked: Be still and know that I am God.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 39, 293, 470, 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 was re-referred Assembly Bill No. 47, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William J. Raggio, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 533, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 130, 200, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Ann O’Connell, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 20, 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. 338, 442; Senate Joint Resolutions Nos. 1, 10, 12; Assembly Joint Resolutions Nos. 25, 26.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 74, Amendment No. 740; Senate Bill No. 132, Amendment No. 936; Senate Bill No. 133, Amendment No. 978; Senate Bill No. 144, Amendment No. 919; Senate Bill No. 203, Amendment No. 977; Senate Bill No. 372, Amendment No. 976; Senate Bill No. 396, Amendment No. 934; Senate Bill No. 417, Amendment No. 979, 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 concurred in the Senate Amendments Nos. 900, 1009 to Assembly Bill No. 71; Senate Amendment No. 901 to Assembly Bill No. 82; Senate Amendment No. 158 to Assembly Bill No. 159; Senate Amendment No. 851 to Assembly Bill No. 520; Senate Amendment No. 881 to Assembly Bill No. 539; Senate Amendment No. 905 to Assembly Bill No. 543; Senate Amendment No. 850 to Assembly Bill No. 641.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Senate Bill No. 532.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 30, Assembly Amendment No. 862 and requests a conference, and appointed Assemblymen Buckley, Nolan and Claborn as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 242, Assembly Amendment No. 767 and requests a conference, and appointed Assemblymen Anderson, Carpenter and Ohrenschall as a first Conference Committee to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Manendo, Parks and Hettrick as a first Conference Committee concerning Assembly Bill No. 477.
Susan Furlong Reil
Assembly Chamber, Carson City, May 21, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 70.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 70—Commending Henry C. Hodges Sr. for his valuable contributions toward research and development in the field of vehicular transportation.
Whereas, Born in 1923, Henry C. Hodges Sr. was raised in a family whose father demanded an interest in science and whose mother demanded a love of animals and the West; and
Whereas, In 1929, the Hodges’ family pioneered the Jumping Horse Ranch in Montana and, at the age of 8 years, Henry Hodges began his career in vehicular mobility when he started his first trucking company on the ranch with three wheelbarrows, one of which was equipped with a pneumatic low pressure tire to make spring cleaning of the corrals easier; and
Whereas, World War II interrupted the collegiate career of Henry Hodges, but the invaluable experience he gained as a member of the 10th Mountain Division of the United States Army stimulated his interest in developing off-highway wheel and tracked vehicles to move infantrymen into combat; and
Whereas, From 1953 to 1957, Henry Hodges managed the Detroit Arsenal Test Operation of the United States Army at Camp Bullis, Texas, where he directed the testing and development of combat vehicles from jeeps to main battle tanks which required the establishment of controlled and repeatable test courses on beach heads, desert dunes, mountain trails and mud pits; and
Whereas, In 1957, the Detroit Arsenal Test Operation was closed, and the Texas test programs were transferred to Nevada where the Nevada Automotive Test Center was founded and where Henry Hodges and a four-man crew continued the essential U.S. Army wheel and track development tests which grew to include more than 60 employees by 1968; and
WHEREAS, Henry Hodges worked extensively with the military and the United States Forest Service on the use of Central Tire Inflation Systems, whereby tire pressures are reduced or increased from inside the vehicle based on the condition of the road being traversed to enhance tire traction, reduce road deterioration and diminish vehicle maintenance costs; and
Whereas, During the 1960s, Henry Hodges developed and implemented the methodology for testing the traction of tires on hard surfaces, soft soil and winter environments, and by using state-of-the-art recording instrumentation, he was able to measure and record for the first time a complete biaxial traction curve in these materials; and
Whereas, In the early 1970s, Henry Hodges developed Vehicle Dynamics Seminars, which teach students how a vehicle reacts during a tire blowout and how a person can control the situation, and these training classes, which are now promoted by the American Trucking Association, have included participants from law enforcement agencies, attorneys, and truck and school bus drivers from around the country; and
Whereas, By 1972, the ever-expanding Test Center had moved all of its testing to the state-of-the-art proving ground facility developed on the historic Break-A-Heart Ranch near Fort Churchill, Nevada, which currently employs more than 200 people; and
Whereas, In 1976, Henry Hodges built a Dynamic Force Measurement Vehicle that measures the forces acting on the vehicle and tire, and this vehicle proved to be the basis for a series of traction vehicles built to measure both road surfaces, and tire braking and traction in a variety of environments, including mud, snow, ice, and wet and dry pavement; and
Whereas, At the Nevada Automotive Test Center, Henry Hodges directed most of the original test and development efforts of the High Mobility Multipurpose Wheeled Vehicle which was built for the United States Army, and subsequent demonstrations of this vehicle, nicknamed the “Hummer” and other military and commercial vehicles brought many visitors to Nevada from other states and foreign countries; and
Whereas, In the 1990s, during Operations Desert Shield and Desert Storm, Henry Hodges worked extensively with the United States Army providing on-site advice and procedures to enhance the mobility and reliability of vehicles and tires for the troops in the field; and
Whereas, Henry Hodges was presented with the Commander’s Award for Public Service and a Certificate of Appreciation for Patriotic Civilian Service by the Department of the Army to commemorate the work he did for the United States Army; and
Whereas, Based on Henry Hodges’ technical expertise, the Nevada Automotive Test Center was able to develop the WesTrack project, an experimental road test facility, for the Federal Highway Administration at the proving ground in Nevada, including the longest research project on asphalt mixes in the world which has prompted visits to Nevada from thousands of pavement engineers from around the world; and
Whereas, The WesTrack project also led to the development of the driverless vehicle technology that has achieved more than 800,000 miles of heavy truck operation, all done by computer, which is the highest number of driverless vehicle operating miles ever achieved in the world; and
Whereas, Henry Hodges is one of the world’s leading experts in transportation research and development, including tire and vehicle testing for both governmental and private sector clients; and
Whereas, His Nevada Automotive Test Center is recognized for its commitment to providing unique, timely, creative, useful and cost-effective solutions with knowledge, excellence and integrity for transportation partners worldwide; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature do hereby commend Henry C. Hodges Sr. for his achievements related to product integrity, performance and safety, his contributions to the field of transportation research and development, and his dedication and allegiance to his state and country; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Henry C. Hodges Sr.
Senator Amodei moved the adoption of the resolution.
Remarks by Senators Amodei and Jacobsen.
Senator Amodei requested the following remarks be entered in the Journal.
Senator Amodei:
Thank you Madam President. As a person growing up in Carson City one of the prime landmarks in our town was the Virginia & Truckee Railroad Roundhouse. As a person who was too young to remember when trains use to run out of there, I can tell you my earliest memories of the roundhouse were when tanks and army trucks and things like that were being rolled out of the roundhouse. The reason that tanks and trucks and things like that were being rolled out of the Virginia & Truckee Roundhouse was because Hodges’ Transportation was the tenant of the roundhouse at that point in time. They have been a part of this part of this State for a long time, in the proving ground related area for military vehicles. They have since moved out to another historical property in western Nevada the sight of the Break-A-Heart Ranch which is on Fort Churchill Road. When you decide you don’t want to fight the traffic between Dayton and Silver Springs you go by and drive through the middle of what is now the Nevada Automotive Test Center. I believe that the Resolution speaks for itself in terms of the Hodges’ family and their contributions to the area and what Mr. Hodges and now his son, who has succeeded him in the business, are doing. It is a great business with a long history in this State. A very distinguished record and I would urge your support of the motion.
Senator Jacobsen:
Madam President. I would be remised if I didn’t say a few words and especially where I would indicated I had a conflict of interest for many years, because I delivered their gas and oil. I would admit he looks a little older than I do today, but still is nice to see them both here. I cannot tell you what a great operation it was. Being ex-military I use to go down there and charge around when I would deliver some gas and oil and ride on some of their experimental vehicles. Let me say it certainly has been great for this part of the State. Nice to have you here this morning.
Resolution adopted.
Assembly Joint Resolution No. 25—Expressing sympathy, support and condolences to the grieving families and students of Columbine High School, the community of Littleton, Colorado, and the residents of the State of Colorado relating to the recent tragedy in Littleton, Colorado.
Whereas, On April 20, 1999, at Columbine High School in Littleton, Colorado, violence erupted resulting in the tragic and senseless deaths and wounding of many of the school’s students and their teachers; and
Whereas, The events which occurred on that day will mark one of the most sorrowful days in our nation’s history; and
Whereas, The members of the Nevada Legislature and many Nevada residents joined the world in watching, with feelings of emptiness, as the terrible events of that day unfolded; and
Whereas, The empathy expressed by the residents of Nevada is genuinely and sincerely felt since violence has also resulted in the deaths of students at some of Nevada’s schools; and
Whereas, The entirety of our society, including families, schools, religious institutions and government, must come together and join in their efforts to protect the youth of this nation from these acts of violence and death; and
Whereas, Following the recent tragedy at Columbine High School, a series of rumors or threats of similar acts of violence have spread across the nation, including several incidents occurring in Nevada; and
Whereas, The Nevada Legislature is deeply concerned about the welfare and safety of children and other residents of the communities within this state, as well as throughout this nation; now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That the members of the Nevada Legislature, on behalf of all Nevadans do hereby express their most sincere sympathy, support and heartfelt condolences to the families of all the victims of this heinous tragedy that occurred in Littleton, Colorado, the students and faculty of Columbine High School, the community of Littleton as a whole and the residents of the State of Colorado; and be it further
Resolved, That the victims of this tragedy will not have lost their lives in vain, but will have provided the catalyst for the leaders of this nation, elected and otherwise, to renew their commitment to protect our society and its children by teaching tolerance and respect for each other, and by taking the time to promote peace; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Tim Westerberg, principal of Columbine High School, Pat Cronenberger, Mayor of Littleton, Colorado, and Bill Owens, Governor of the State of Colorado; and be it further
Resolved, That this resolution becomes effective upon passage and approval.
Senator Raggio moved that all rules be suspended, reading so far had considered first reading, rules further suspended, Assembly Joint Resolution No. 25 declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Senator Raggio.
Senator Raggio requested that his remarks be entered in the Journal.
Yes, I think it is most appropriate today that this Resolution is coming to us. It was adopted in the Assembly. I know that the day we came in that this event occurred on, April 20, we were all in shock and disbelief when the incident occurred at Columbine. We want to join with everyone across this nation in expressing our concern and our grief about this senseless and hard to understand tragedy. Yesterday Senator Carlton mentioned an incident that obviously was not of this depth but that occurred in one of our own schools. Yesterday in Georgia, another shooting a number of children hurt by a student who erupted into violence. It is significant that we do express our concern and our compassion for these families and for these victims. I know that we all struggle for answers we have had some very meaningful statements made on the floor here, as to our failure to understand and to how we can address this situation. Obviously, it is something we need to do together, we can only do so much by passing laws, we need to change attitudes beginning at home and in whatever schools we have in dealing with whatever the causes, the root causes, of these attitudes that develop are. I suggest that we all commit ourselves to the cause and that we join together in this Resolution in extending our concern and condolence.
Motion carried unanimously.
GENERAL FILE AND THIRD READING
Assembly Joint Resolution No. 25.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 25:
Yeas—21.
Nays—None.
Assembly Joint Resolution No. 25 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Senate Standing Rule No. 110 be suspended and that Assembly Bills Nos. 341, 343, 370, 656, 657, 658 be placed on the Consent Calendar.
Remarks by Senator Raggio.
Senator Raggio requested that his remarks be entered in the Journal.
For further explanation, ordinarily these bills on the Consent Calendar would have been processed on Saturday, but since everything has to be out of this house by midnight Friday, we have to suspend the rule and have them placed on Friday’s agenda.
Motion carried.
Assembly Joint Resolution No. 26.
Resolution read.
Senator Rawson moved that the resolution be referred to the Committee on Human Resources and Facilities.
Motion carried.
Senator Rawson moved that the motion whereby Assembly Joint Resolution No. 26 was referred to the Committee on Human Resources and Facilities be rescinded.
Remarks by Senator Rawson.
Motion carried.
Senator Rawson moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
Senator Coffin moved that Assembly Bill No. 157 be taken from the Secretary’s desk and placed on the bottom of the Senate Bills on General File.
Remarks by Senator Coffin.
Motion carried.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 10.
The following Assembly amendment was read:
Amendment No. 912.
Amend sec. 15, page 5, by deleting lines 8 and 9 and inserting: “advisory committee consists of:
(a) One member who is the chairman of a tribal council or chief of a Nevada Indian tribe and is appointed by the governing body of a unit of the Indian Health Service that is designated to serve the health care needs of Indians in the eastern portion of this state. The appointed member may designate a representative to serve in his absence.
(b) One member who is the chairman of a tribal council or chief of a Nevada Indian tribe and is appointed by the governing body of a unit of the Indian Health Service that is designated to serve the health care needs of Indians in the western portion of this state. The appointed member may designate a representative to serve in his absence.
(c) One member who is appointed by the Inter-Tribal Council of Nevada, Inc.
(d) One member who is appointed by the governing board of an organization that is partially funded by the Indian Health Service and which specifically serves the health care needs of Indians in each county whose population is more than 100,000, but less than 400,000.
(e) One member who is appointed by the governing board of an organization that is partially funded by the Indian Health Service and which specifically serves the health care needs of Indians in each county whose population is 400,000 or more.”.
Amend sec. 16, page 5, by deleting lines 18 through 21 and inserting:
“Sec. 16. 1. Each member of the advisory committee serves without compensation.”.
Amend sec. 17, page 5, line 33, by deleting “Advise” and inserting: “Provide written reports, analysis and advice to”.
Amend sec. 17, page 5, line 38, after “Make” by inserting “written”.
Amend sec. 17, page 5, by deleting lines 40 through 42 and inserting:
“2. The commission shall:
(a) Consider the advice and recommendations of the advisory committee and make any appropriate written recommendations to the director of the department of human resources as a result of this review; and
(b) Provide the necessary staff to assist the advisory committee in performing its duties, including, without limitation, staff to assist in preparing written reports and analysis pursuant to subsection 1.”.
Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 10.
Remarks by Senator Rawson.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 21.
The following Assembly amendment was read:
Amendment No. 972.
Amend section 1, page 3, line 27, by deleting “related to” and inserting: “[related to] necessary for”.
Amend section 1, page 3, line 30, by deleting “related to” and inserting “necessary for”.
Amend section 1, page 3, line 32, by deleting “related to” and inserting “necessary for”.
Amend section 1, page 3, line 34, by deleting “related to” and inserting “necessary for”.
Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 21.
Remarks by Senator Rawson.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 51.
The following Assembly amendment was read:
Amendment No. 1037.
Amend section 1, pages 1 and 2, by deleting lines 2 through 11 on page 1 and lines 1 through 25 on page 2, and inserting:
“391.160 1. The salaries of teachers and other employees must be determined by the character of the service required. A school district shall not discriminate between male and female employees in the matter of salary.
2. Each year when determining the salary of a teacher who holds certification issued by the National Board for Professional Teaching Standards, a school district shall add 5 percent to the salary that the teacher would otherwise receive in 1 year for his classification on the schedule of salaries for the school district if:
(a) On or before September 15 of the school year, the teacher has submitted evidence satisfactory to the school district of his current certification; and
(b) The teacher is assigned by the school district to provide classroom instruction during that school year.
No increase in salary may be given during a particular school year to a teacher who submits evidence of certification after September 15 of that school year. Once a teacher has submitted evidence of such certification to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this subsection is in addition to any other increase to which the teacher may otherwise be entitled.
3. In determining the salary of a licensed teacher who is employed by a school district after [having] the teacher has been employed by another school district in this state, the present employer shall, except as otherwise provided in subsection [4:] 5:
(a) Give the teacher the same credit for previous teaching service as he was receiving from his former employer at the end of his former employment; and
(b) Give [him] the teacher credit for his final year of service with his former employer, if credit for that service is not included in credit given pursuant to paragraph (a).
4. A school district may give the credit required by subsection 3 for previous teaching service earned in another state if the commission has approved the standards for licensing teachers of that state. The commission shall adopt regulations that establish the criteria by which the commission will consider the standards for licensing teachers of other states for the purposes of this subsection. The criteria may include, without limitation, whether the commission has authorized reciprocal licensure of educational personnel from the state under consideration.
5. This section does not:
(a) Require a school district to allow a teacher more credit for previous teaching service than the maximum credit for teaching experience provided for in the schedule of salaries established by it for its licensed personnel.
(b) Permit a school district to deny a teacher credit for his previous teaching service on the ground that the service differs in kind from the teaching experience for which credit is otherwise given by the school district.
[5.] 6. As used in this section, “previous teaching service” means the total of:
(a) Any period of teaching service for which a teacher received credit from his former employer at the beginning of his former employment; and
(b) His period of teaching service in his former employment.”.
Amend sec. 4, page 2, line 34, by deleting: “upon passage and approval” and inserting: “at 12:01 a.m. on July 1, 1999,”
Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 51.
Remarks by Senator Rawson.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 61.
The following Assembly amendment was read:
Amendment No. 947.
Amend the bill as a whole by renumbering sections 192 and 193 as sections 194 and 195 and adding new sections designated sections 192 and 193, following sec. 191, to read as follows:
“Sec. 192. Section 1 of Senate Bill No. 121 of this session is hereby amended to read as follows:
Section 1. Chapter 113 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, in a county whose population is 400,000 or more, a seller may not sign a sales agreement with the initial purchaser of a residence unless the seller, at least 24 hours before the time of the signing, provides the initial purchaser with a disclosure document that contains:
(a) A copy of the most recent gaming enterprise district map that has been made available for public inspection pursuant to NRS 463.309 by the city or town in which the residence is located or, if the residence is not located in a city or town, by the county in which the residence is located; and
(b) The location of the gaming enterprise district that is nearest to the residence, regardless of the jurisdiction in which the nearest gaming enterprise district is located.
The seller shall retain a copy of the disclosure document that has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.
2. The information contained in the disclosure document required by subsection 1 must:
(a) Be updated not less than once every 6 months;
(b) Advise the initial purchaser that gaming enterprise districts are subject to change; and
(c) Provide the initial purchaser with instructions on how to obtain more current information regarding gaming enterprise districts.
3. The initial purchaser of a residence may waive the 24-hour period required by subsection 1 if the seller provides the initial purchaser with the information required by subsections 1 and 2 and the initial purchaser signs a written waiver. The seller shall retain a copy of the written waiver that has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.
4. As used in this section, “seller” has the meaning ascribed to it in NRS 113.070.
Sec. 193. Section 2 of Senate Bill No. 121 of this session is hereby amended to read as follows:
Sec. 2. NRS 113.070 is hereby amended to read as follows:
(a) A copy of the most recent gaming enterprise district map that has been made available for public inspection pursuant to NRS 463.309 by the city or town in which the residence is located or, if the residence is not located in a city or town, by the county in which the residence is located; and
(b) The location of the gaming enterprise district that is nearest to the residence, regardless of the jurisdiction in which the nearest gaming enterprise district is located.
The seller shall retain a copy of the disclosure document which has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.
2. The information contained in the disclosure document required by subsection 1 must:
(a) Be updated no less than once every 4 months;
(b) Advise the initial purchaser that gaming enterprise districts are subject to change; and
(c) Provide the initial purchaser with instructions on how to obtain more current information.
3. The initial purchaser of a residence may waive the 24-hour period required by subsection 1 if the seller provides the initial purchaser with the information required by subsections 1 and 2 and the initial purchaser signs a written waiver. The seller shall retain a copy of the written waiver which has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.
4.] Before the initial purchaser of a residence signs a sales agreement[,] or opens escrow, whichever occurs earlier, the seller shall, by separate written document, disclose to [him] the initial purchaser the zoning [designations] classifications and the designations in the master plan regarding land use[,] adopted pursuant to chapter 278 of NRS , and the general land uses described therein, for the adjoining parcels of land. The written document must contain a statement with the following language:
Zoning classifications describe the land uses currently permitted on a parcel of land. Designations in the master plan regarding land use describe the land uses that the governing city or county proposes for a parcel of land. Zoning classifications and designations in the master plan regarding land use are established and defined by local ordinances. If the zoning classification for a parcel of land is inconsistent with the designation in the master plan regarding land use for the parcel, the possibility exists that the zoning classification may be changed to be consistent with the designation in the master plan regarding land use for the parcel. Additionally, the local ordinances that establish and define the various zoning classifications and designations in the master plan regarding land use are also subject to change.
2. If the residence is located within a subdivision, the disclosure made pursuant to subsection 1 must be made regarding all parcels of land adjoining the unit of the subdivision in which the residence is located. If the residence is located on land divided by a parcel map and not located within a subdivision, the disclosure must be made regarding all parcels of land adjoining the parcel map. Such a disclosure must be made regardless of whether the adjoining parcels are owned by the seller. The seller shall retain a copy of the disclosure document which has been signed by the initial purchaser acknowledging the date of receipt by the initial purchaser of the original document.
[5.] 3. The information contained in the disclosure document required by subsection [4] 1 must:
(a) Be updated [no] not less than once every 6 months, if the information is available from the local government;
(b) Advise the initial purchaser that the master plan is for the general, comprehensive and long-term development of land in the area and that the designations in the master plan regarding land use provide the most probable indication of future development which may occur on the surrounding properties;
(c) Advise the initial purchaser that the master plan and zoning ordinances and regulations adopted pursuant to the master plan are subject to change; and
[(c)] (d) Provide the initial purchaser with instructions on how to obtain more current information[.
6.] regarding zoning classifications and designations in the master plan regarding land use.
4. As used in this section, “seller” means a person who sells or attempts to sell any land or tract of land in this state which is divided or proposed to be divided over any period into two or more lots, parcels, units or interests, including, but not limited to, undivided interests, which are offered, known, designated or advertised as a common unit by a common name or as a part of a common promotional plan of advertising and sale.”.
Amend sec. 193, page 89, by deleting line 31 and inserting:
“Sec. 195. 1. This act becomes effective on July 1, 1999.
2. The amendatory provisions of section 188 of this act expire by limitation on November 30, 1999.”.
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 61.
Remarks by Senator McGinness.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 117.
The following Assembly amendment was read:
Amendment No. 975.
Amend section 1, page 1, line 13, after “commission.” by inserting: “Asubcommittee or advisory committee appointed pursuant to this subsection must not contain more than five members. To the extent practicable, the members of such a subcommittee or advisory committee must be representative of the various geographic areas and ethnic groups of this state.”.
Senator Rawson moved that the Senate concur in the Assembly amendment to Senate Bill No. 117.
Remarks by Senator Rawson.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 211.
The following Assembly amendment was read:
Amendment No. 859.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 501.341 is hereby amended to read as follows:
Amend section 1, page 1, by deleting lines 3 and 4 and inserting:
“1. The division shall contract with a private entity to conduct a drawing and to award and issue the tags for a special season.”.
Amend section 1, page 1, line 6, after “selection.” by inserting: “The contract must provide for the acquisition by the division of the ownership of the computer program at the end of the term of the contract.”.
Amend section 1, page 1, line 15, by deleting: “Within 10 days” and inserting: “As soon as practicable”.
Amend the bill as a whole by deleting sections 3 through 5 and renumbering sec. 6 as sec. 4.
Amend the bill as a whole by deleting sec. 7.
Amend the title of the bill to read as follows:
“AN ACT relating to the division of wildlife of the state department of conservation and natural resources; allowing a change in the location of the headquarters of the division; requiring the division to contract with a private entity to conduct a drawing to award and issue tags for a special season; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes regarding operation of division of wildlife of state department of conservation and natural resources. (BDR 45‑718)”.
Senator Rhoads moved that the Senate concur in the Assembly amendment to Senate Bill No. 211.
Remarks by Senators Rhoads and McGinness.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 244.
The following Assembly amendment was read:
Amendment No. 941.
Amend sec. 4, page 2, by deleting line 30 and inserting: “violations committed before January 1, 2000.”.
Amend sec. 5, page 2, by deleting line 31 and inserting:
“Sec. 5. This act becomes effective on January 1, 2000.”.
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 244.
Remarks by Senator McGinness.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 273.
The following Assembly amendments were read:
Amendment No. 1022.
Amend sec. 3, page 2, line 34, by deleting “issue” and inserting: “order the issuance of ”.
Amendment No. 808.
Amend sec. 2, page 2, by deleting lines 16 through 23 and inserting:
“A defendant charged with the commission of a category A or B felony who is admitted to bail on a surety bond and who:
1. While admitted to bail, is taken into custody in the same jurisdiction in which he was admitted to bail and is charged with the commission of another category A or B felony; and
2. Is ordered to be released from custody without bail,
must not be released from custody pursuant to NRS 178.4851 until the law enforcement agency that conducted the initial booking procedure for the defendant for the subsequent felony has notified the bail agent that issued the surety bond of the release of the defendant.”.
Amend the bill as a whole by deleting sec. 3 and renumbering sections 4 through 9 as sections 3 through 8.
Amend sec. 4, page 2, by deleting line 30 and inserting: “is lawfully required for the commission of a misdemeanor and the failure to appear is not excused [,] or is lawfully required for the commission of a gross misdemeanor or felony, the court shall [direct the fact of”.
Amend sec. 4, page 2, line 33, by deleting “30” and inserting “45”.
Amend sec. 4, page 2, line 42, by deleting “district” and inserting “prosecuting”.
Amend sec. 4, page 3, by deleting lines 1 and 2 and inserting:
“2. Except as otherwise provided in subsection 3 and NRS 178.509, the undertaking or money deposited instead of bail”.
Amend sec. 5, page 3, by deleting lines 22 and 23 and inserting:
“178.509 1. [The] If the defendant fails to appear when his presence in court is lawfully”.
Amend sec. 7, page 5, line 5, by deleting “defendant” and inserting “surety”.
Senator James moved that the Senate concur in the Assembly amendments to Senate Bill No. 273.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 310.
The following Assembly amendment was read:
Amendment No. 935.
Amend sec. 6, page 2, line 8, by deleting the period and inserting: “and may designate another person to serve on his behalf.”.
Amend sec. 6, page 2, by deleting lines 19 through 24 and inserting:
“3. The members of the commission shall elect a chairman and vice chairman by a majority vote. After the initial election, the chairman and vice chairman serve in the office for a term of 1 year beginning on July 1 of each year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the commission shall elect a chairman or vice”.
Amend sec. 8, page 3, by deleting lines 6 through 19 and inserting: “knowledge of the residents of this state concerning the livestock industry on grazing lands;
2. Establish programs to provide information to the residents of this state concerning the livestock industry on grazing lands;
3. Conduct advertising campaigns to promote the livestock industry on grazing lands;
4. Support the responsible control, management or use of grazing lands;
5. Compile information concerning the livestock industry on grazing lands and disseminate that information to each state grazing board;
6. Make determinations concerning the availability of forage on grazing lands; and
7. Take any action it determines is necessary to stabilize the livestock industry on grazing lands.”.
Amend sec. 9, page 3, line 21, by deleting “agency or” and inserting “agency,”.
Amend sec. 9, page 3, line 22, after “organization” by inserting:
“or any representatives of an industry”.
Amend sec. 9, page 3, line 29, by deleting “industry;” and inserting: “industry on grazing lands;”.
Amend sec. 11, pages 3 and 4, by deleting lines 37 through 43 on page 3 and lines 1 through 17 on page 4 and inserting:
“Sec. 11. 1. The commission shall, not later than January 15 of each year, charge and collect from each person who grazed cattle or sheep on grazing lands during the preceding calendar year a fee of 10 cents for each animal unit month that he was authorized by the United States Forest Service or the Bureau of Land Management to use during the immediately preceding year.
2. A person who pays the fee required by this section may, not earlier”.
Amend sec. 11, page 4, line 26, by deleting “4.” and inserting “3.”.
Amend the bill as a whole by adding a new section designated sec. 13.5, following sec. 13, to read as follows:
“Sec. 13.5. 1. On or before June 1 of each year, the commission shall submit to the director of the department of administration a financial statement setting forth:
(a) The assets and obligations of the commission; and
(b) The amount of the fees, if any:
(1) Collected by the commission pursuant to the provisions of section 11 of this act for the immediately preceding calendar year; and
(2) Refunded by the commission pursuant to that section for that year.
2. On or before July 1 of each year, the governor shall proclaim the percentage of the fees collected pursuant to subsection 1 of section 11 of this act for the immediately preceding calendar year that were refunded by the commission pursuant to the provisions of subsection 2 or section 11 of this act. The director of the department of administration shall transmit a copy of the proclamation to the director of the legislative counsel bureau.”.
Amend sec. 16, page 5, line 26, by deleting “become” and inserting: “:
1. Become”.
Amend sec. 16, page 5, after line 29, by inserting:
“2. Expire by limitation on December 31 of the first year during which the governor proclaims that the amount of the fees refunded by the rangeland resources commission pursuant to the provisions of section 11 of this act for the immediately preceding calendar year is more than 50 percent of the fees collected by the commission pursuant to that section for that calendar year. The commission may continue to operate after December 31 of the year the proclamation is issued to dispose of any property owned by the commission and to take any other action necessary to dissolve the commission, but in no case may the commission charge or collect any fees pursuant to the provisions of sections 2 to 14, inclusive, of this act after the provisions of this act expire by limitation, other than to collect any fees owed for a previous year. If the provisions of this act expire by limitation pursuant to this subsection, the commission shall, as soon as practicable after taking all actions necessary to dissolve the commission, refund any money remaining in the account created by section 12 of this act to each person who paid the fee required by section 11 of this act for the calendar year immediately preceding the year in which the provisions expire by limitation and who did not receive a refund of that fee pursuant to that section. Each of those persons must be paid a pro rata share of the remaining amount based on the ratio of the number of animal unit months for which he paid the fee to the total fees paid for animal unit months and not refunded.”.
Amend the title of the bill by deleting the third line and inserting: “unit months that are authorized for use on grazing”.
Senator Rhoads moved that the Senate concur in the Assembly amendment to Senate Bill No. 310.
Remarks by Senator Rhoads.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 421.
The following Assembly amendment was read:
Amendment No. 891.
Amend the bill as a whole by renumbering section 1 as sec. 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A store that is principally devoted to the sale of food for human consumption off the premises may allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 if:
(a) The entire interior public area of the store is 10,000 square feet or less; or
(b) The area:
(1) Is segregated from the other public areas of the store by two or more walls or partial walls, or any combination thereof, in a configuration that includes at least one corner; and
(2) Contains a method of ventilation which substantially removes smoke from the area.
2. Except as otherwise provided in subsection 3, until January 1, 2010, a store that is principally devoted to the sale of food for human consumption off the premises may allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 if the store was constructed before October 1, 1999, or received final approval for construction before October 1, 1999. On or after January 1, 2010, such a store may allow smoking in that public area only if the area contains a method of ventilation which substantially removes smoke from the area.
3. If at any time before January 1, 2010, a store described in subsection 2 remodels 25 percent or more of the square footage of the entire public area within the store, the store may continue to allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 only if the store includes as part of the remodel a method of ventilation which substantially removes smoke from the area.
4. For the purposes of this section “partial wall” or “wall” may include, without limitation, one or more gaming devices, as defined in NRS 463.0155, if the gaming devices are configured together or in conjunction with other structures to create a barrier that is similar to a partial wall or wall.
Sec. 2. NRS 202.249 is hereby amended to read as follows:
2. The quality of air is declared to be affected with the public interest and NRS 202.2491 and 202.2492 and section 1 of this act are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.
3. Health authorities, police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2491 and 202.2492[.] and section 1 of this act. Police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2493 and 202.2494.
4. An agency, board, commission or political subdivision of this state, including any agency, board, commission or governing body of a local government, shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made from tobacco than are provided by NRS 202.2491, 202.2492, 202.2493 and 202.2494[.] and section 1 of this act.”.
Amend section 1, page 1, by deleting lines 2 and 3 and inserting:
“202.2491 1. Except as otherwise provided in subsections 5 and 6, and section 1 of this act, the smoking of tobacco in any form is prohibited if done in any:”.
Amend section 1, page 2, by deleting line 16 and inserting: “section 1 of this act.”.
Amend section 1, pages 2 and 3, by deleting lines 37 through 43 on page 2 and lines 1 through 14 on page 3.
Amend section 1, page 3, line 15, by deleting “8.” and inserting “7.”.
Amend section 1,
page 3, line 20, by deleting “[8.] 9.” and inserting “8.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 6 and adding new sections designated sections 4 and 5, following section 1, to read as follows:
“Sec. 4. NRS 202.2492 is hereby amended to read as follows:
202.2492 1. A person who violates NRS 202.2491 or section 1 of this act is guilty of a misdemeanor.
2. In each health district, the district health officer shall, and, for areas of this state which are not within a health district, the state health officer shall, designate one or more of his employees to prepare, sign and serve written citations on persons accused of violating NRS 202.2491[.] or section 1 of this act. Such an employee:
(a) May exercise the authority to prepare, sign and serve those citations only within the geographical jurisdiction of the district or state health officer by which he is employed; and
(b) Shall comply with the provisions of NRS 171.1773.
Sec. 5. NRS 202.24925 is hereby amended to read as follows:
2. A health authority within whose jurisdiction a violation of NRS 202.2491 or section 1 of this act is committed shall:
(a) Collect the civil penalty, and may commence a civil proceeding for that purpose; and
(b) Deposit any money he collects pursuant to this section with the state treasurer for credit to the account for health education for minors, which is hereby created in the state general fund.
3. The superintendent of public instruction:
(a) Shall administer the account for health education for minors; and
(b) May, with the advice of the state health officer, expend money in the account only for programs of education for minors regarding human health.
4. The interest and income earned on the money in the account for health education for minors, after deducting any applicable charges, must be credited to the account.
5. All claims against the account for health education for minors must be paid as other claims against the state are paid.”.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT relating to public health; establishing certain requirements related to smoking in certain public areas of grocery”.
Amend the summary of the bill to read as follows:
“SUMMARY—Establishes certain requirements related to smoking in certain public areas of grocery stores. (BDR 15‑1267)”.
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 421.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 537.
The following Assembly amendment was read:
Amendment No. 883.
Amend sec. 2, page 9, by deleting lines 25 through 27 and inserting: “a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.”.
Amend sec. 6, page 13, by deleting line 14 and inserting:
“231.020 As used in NRS [231.030 to 231.130,]231.020 to 231.139,inclusive, and”.
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 537.
Remarks by Senator McGinness.
Motion carried on a division of the house.
Bill ordered enrolled.
MOTIONS, RESOLUTIONS AND NOTICES
Senator O’Connell requested that Assembly Bills Nos. 370, 656 be taken from the Consent Calendar and placed on the Second Reading File.
In compliance with a notice given on the previous day, Senator Rawson moved that the vote whereby Assembly Bill No. 60 was passed be reconsidered.
Remarks by Senator Rawson.
Motion lost on a division of the house.
Senator Rhoads moved that Assembly Bill No. 347 be taken from the Secretary's desk and placed at the bottom of the Senate Bills on General File.
Remarks by Senator Rhoads.
Motion carried.
CONSENT CALENDAR
Assembly Bills Nos. 341, 343, 657, 658.
Bills read by numbers.
Roll call on Assembly Bills Nos. 341, 343, 657, 658:
Yeas—21.
Nays—None.
Assembly Bills Nos. 341, 343, 657, 658 having received a constitutional majority, Madam President declared them passed.
Bills ordered transmitted to the Assembly.
SECOND READING AND AMENDMENT
Assembly Bill No. 15.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 1096.
Amend sec. 2, page 4, by deleting line 23 and inserting: “provisions set forth as sections 2.5 to 5, inclusive, of this act.”.
Amend the bill as a whole by adding a new section designated sec. 2.5, following sec. 2, to read as follows:
“Sec. 2.5. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of sections 3, 4 and 5 of this act apply to all pupils who are less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.”.
Amend sec. 3, page 4, line 24, by deleting “three” and inserting “one”.
Amend sec. 3, page 4, line 33, by deleting “Submit” and inserting: “If the parent or legal guardian of a pupil has signed a written consent pursuant to subsection 4, submit”.
Amend sec. 3, page 4, between lines 40 and 41 by inserting:
“4. If the principal of a school makes an initial determination to submit a written referral of a pupil to the advisory board to review school attendance, the principal shall notify the parent or legal guardian of the pupil and request the parent or legal guardian to sign a written consent that authorizes the school and, if applicable, the school district to release the records of the pupil to the advisory board to the extent that such release is necessary for the advisory board to carry out its duties pursuant to sections 4 and 5 of this act. The written consent must comply with the applicable requirements of 20 U.S.C. § 1232g(b) and 34 C.F.R. Part 99. If the parent or legal guardian refuses to sign the consent, the principal shall report the pupil to a school police officer or to a local law enforcement agency pursuant to paragraph (a) of subsection 2.”.
Amend sec. 5, page 6, between lines 29 and 30 by inserting:
“6. If the parents or legal guardian of a pupil enter into a written agreement pursuant to this section, the parents or legal guardian may appeal to the board of trustees of the school district a determination made by the advisory board concerning the contents of the written agreement. 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.
7. The board of trustees of each school district shall adopt policies and rules to protect the confidentiality of the deliberations, findings and determinations made by an advisory board and information concerning a pupil and the family of a pupil. An advisory board shall not disclose information concerning the records of a pupil or services provided to a pupil or his family unless the disclosure is specifically authorized by statute or by the policies and rules of the board of trustees and is necessary for the advisory board to carry out its duties.”.
Amend sec. 6, page 7, line 2, by deleting “alternate,” and inserting: “alternate who is also a parent or legal guardian,”.
Amend sec. 8, page 8, line 11, after “act.” by inserting: “If the chairman of an advisory board divides the advisory board into subcommittees, the chairman shall notify the board of trustees of the school district of this action. Upon receipt of such a notice, the board of trustees shall establish rules and procedures for each such subcommittee. A subcommittee shall abide by the applicable rules and procedures when it takes action or makes decisions.”.
Amend sec. 9, page 8, by deleting line 30 and inserting:
“2. [Absence for any part] An unapproved absence for at least one period, or the equivalent of one”.
Amend sec. 9, page 8, line 31, by deleting “shall” and inserting “[shall] may”.
Amend sec. 9, page 9, between lines 5 and 6, by inserting:
“6. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of this section apply to all pupils who are less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.”.
Amend sec. 10, page 9, line 7, by deleting “[three] five” and inserting “three”.
Amend sec. 10, page 9, between lines 15 and 16 by inserting:
“3. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of this section apply to all pupils who are less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.”.
Amend sec. 11, page 9, line 23, by deleting “a written” and inserting: “manually or electronically a”.
Amend sec. 11, page 9, between lines 34 and 35 by inserting:
“4. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of this section apply to all pupils who are less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.”.
Amend the bill as a whole by adding new sections designated sections 11.3 and 11.7, following sec. 11, to read as follows:
“Sec. 11.3. NRS 392.160 is hereby amended to read as follows:
(a) Any child between the ages of 7 and 17 years; and
(b) Any child who has arrived at the age of 6 years but not at the age of 7 years and is enrolled in a public school,
who has been reported to him by the teacher, superintendent of schools or other school officer as an absentee from instruction upon which he is lawfully required to attend.
2. Any peace officer, the attendance officer or any other school officer shall, during school hours, take into custody without warrant any child who is 17 years of age or older but less than 18 years of age if:
(a) The child is enrolled in a public school; and
(b) A teacher, superintendent of schools or other school officer has reported the child as absent from instruction.
3. Except as otherwise provided in subsection [3:] 4:
(a) During school hours, the officer having custody shall forthwith deliver the child to the superintendent of schools, principal or other school officer at the child’s school of attendance.
(b) After school hours, the officer having custody shall deliver the child to the parent, guardian or other person having control or charge of the child.
[3.] 4. The board of trustees of a school district or the governing body of a charter school may enter into an agreement with a counseling agency to permit delivery of the child to the agency. For the purposes of this subsection, “counseling agency” means an agency designated by the school district in which the child is enrolled to provide counseling for the child and the parent, guardian or other person having control or charge of the child.
Sec. 11.7. NRS 392.360 is hereby amended to read as follows:
392.360 1. A board of trustees of a school district may permit school buses or vehicles belonging to the school district to be used for the transportation of public school pupils to and from:
(a) Interscholastic contests;
(b) School festivals; or
(c) Other activities properly a part of a school program.
2. In addition to the use of school buses and vehicles authorized pursuant to subsection 1, the board of trustees of a school district may permit school buses and vehicles belonging to the school district to be used for the transportation of children to and from:
(a) Programs for the supervision of children before and after school; and
(b) Other programs or activities that the board of trustees deems appropriate,
regardless of whether such programs or activities are part of a school program.
3. The use of school buses or vehicles belonging to the school district for the purposes enumerated in [subsection 1] subsections 1 and 2 is governed by regulations made by the board of trustees, which must not conflict with regulations of the state board . [of education.] Proper supervision for each vehicle so used must be furnished by school authorities, and each school bus must be operated by a driver qualified under the provisions of NRS 392.300 to 392.410, inclusive.
[3.] 4. A driver shall not operate a vehicle for the purposes enumerated in [subsection 1] subsections 1 and 2 for more than 10 hours in a 15‑hour period. The time spent operating, inspecting, loading, unloading, repairing and servicing the vehicle and waiting for passengers must be included in determining the 15‑hour period. After 10 hours of operating a vehicle, the driver must rest for 10 hours before he again operates a vehicle for such purposes.
[4.] 5. Before January 1, 1984, the state board [of education] shall adopt regulations to carry out the provisions of subsection [3.] 4.”.
Amend sec. 14, page 11, by deleting lines 25 through 34 and inserting: “NRS 62.223; [and] or
(II) Perform not less than 8 hours but not more than 16 hours of community service in compliance with the provisions of subsection 3; and
(2) If the child is 14 years of age or older, order the suspension of the child’s driver’s license for 30 days.If the child does not possess a driver’s license, the court shall prohibit the child from applying for a driver’s license for 30 days:”.
Amend sec. 14, page 12, by deleting line 4 and inserting:
“(II) Perform not more than 10”.
Amend sec. 14, page 12, by deleting lines 10 through 13 and inserting: “child’s driver’s license for 60 days. If the child does not possess a driver’s license, the court shall prohibit the child from applying for a driver’s license for 60 days:”.
Amend the bill as a whole by deleting sections 15 and 16 and renumbering sections 17 and 18 as sections 15 and 16.
Amend sec. 18, page 13, by deleting line 10 and inserting:
“Sec. 16. 1. This section and sections 1 to 10, inclusive, and 12 to 15, inclusive, of this act become effective on July 1, 1999.
2. Section 11 of this act becomes effective at 12:01 a.m. on July 1, 1999.”.
Amend the title of the bill, third line, after “truants;” by inserting: “providing that an enrolled pupil who is 17 years of age but less than 18 years of age is subject to the truancy statutes; expanding the circumstances under which a school district may permit children to be transported on school buses and vehicles;”.
Amend the summary of the bill by deleting the first line and inserting:
“SUMMARY—Makes various changes regarding truancy, discipline and transportation of pupils.”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Rawson and Coffin.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senator Amodei moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 12:15 p.m.
SENATE IN SESSION
At 12:34 p.m.
President Hunt presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Amodei moved that Assembly Bill No. 193 be taken from the its position on the Second Reading File and placed at the bottom of the Second Reading File.
Remarks by Senator Amodei.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 429.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 1055.
Amend sec. 7, page 3, line 22, by deleting “and” and inserting “and”.
Amend sec. 7, page 3, line 23, by deleting “[and 422.580,]”.
Amend sec. 22, page 11, line 41, by deleting “director” and inserting “administrator”.
Amend sec. 22, page 12, line 20, by deleting “generally.” and inserting: “generally[.] , except that members of the committee may receive any per diem allowance and travel expenses that may be authorized by the committee if the payment of the per diem allowance and travel expenses:
(a) Is made from money received by the committee from a source other than the State of Nevada; and
(b) Is not inconsistent with any condition attached to the acceptance of that money.”.
Amend sec. 22, page 12, line 22, by deleting “director” and inserting “administrator”.
Amend sec. 22, page 12, line 24, by deleting “director” and inserting “administrator”.
Amend sec. 22, page 12, between lines 26 and 27, by inserting:
“(d) Apply for grants.
(e) Accept and expend any money made available to the committee by gift, grant, donation or bequest.”.
Amend sec. 22, page 12, line 29, by deleting the semicolon and inserting: “of the department;
(b) Administrator;”.
Amend sec. 22, page 12, line 30, by deleting “(b)” and inserting “(c)”.
Amend sec. 22, page 12, line 31, by deleting “(c)” and inserting “(d)”.
Amend sec. 22, page 12, by deleting line 33 and inserting:
“(a) “Administrator” means the administrator of the rehabilitation division of the department.”.
Amend the bill as a whole by renumbering sec. 38 as sec. 39 and adding a new section designated sec. 38, following sec. 37, to read as follows:
“Sec. 38. Section 2 of chapter 442, Statutes of Nevada 1997, at page 1559, is hereby amended to read as follows:
(a) Is cost effective;
(b) Is the most convenient method of providing pharmaceutical services to the recipients of Medicaid; and
(c) Includes access to pharmacies licensed in this state to the maximum extent possible.
2. If the welfare division enters into a contract pursuant to subsection 1, except for any limitations on coverage provided pursuant to 42 U.S.C. § 1396r-8(d)(2) or (6), the contract must provide for reimbursement for the dispensing of a drug to a recipient of Medicaid, without requiring any prior or retroactive approval, if the drug:
(a) Has been approved or designated as safe and effective by the Food and Drug Administration; and
(b) Is prescribed by a physician who determines that the drug is appropriate for the diagnosis or treatment of the recipient of Medicaid.
3. The provisions of this section do not apply to a contract that provides services only to recipients who are eligible to receive benefits pursuant to:
(a) The program established to provide temporary assistance for needy families pursuant to Title IV of the Social Security Act , [(]42 U.S.C. §§ 601 et seq[.)] , and other provisions of that act relating to temporary assistance for needy families; or
(b) The child health assurance program established pursuant to 42 U.S.C. § 1396a(a)(10)(A)(i)(IV), (VI) or (VII).”.
Amend sec. 38, page 20, line 17, after “5.” by inserting: “Section 14.1 of this act expires by limitation on June 30, 1998.
6.”.
Amend the bill as a whole by renumbering sec. 39 as sec. 52 and adding new sections designated sections 40 through 51, following sec. 38, to read as follows:
“Sec. 40. Section 3 of Assembly Bill No. 249 of this session is hereby amended to read as follows:
Sec. 3. NRS 422.2935 is hereby amended to read as follows:
422.2935 1. Except as otherwise provided in this section[, the welfare division shall,] and to the extent it is not prohibited by federal law and when circumstances allow[:
(a) Recover] , the welfare division shall recoverbenefits correctly paid for Medicaid from:
[(1)] (a) The undivided estate of the person who received those benefits; and
[(2)] (b) Any recipient of money or property from the undivided estate of the person who received those benefits.
[(b) Recover from the recipient of Medicaid or the person who signed the application for Medicaid on behalf of the recipient an amount not to exceed the benefits incorrectly paid to the recipient if the person who signed the application:
(1) Failed to report any required information to the welfare division which he knew at the time he signed the application; or
(2) Failed within the period allowed by the welfare division to report any required information to the welfare division which he obtained after he filed the application.]
2. The welfare division shall not recover benefits pursuant to [paragraph (a) of] subsection 1, except from a person who is neither a surviving spouse nor a child, until after the death of the surviving spouse, if any, and only at a time when the person who received the benefits has no surviving child who is under 21 years of age or is blind or permanently and totally disabled.
3. Except as otherwise provided by federal law, if a transfer of real or personal property by a recipient of Medicaid is made for less than fair market value, the welfare division may pursue any remedy available pursuant to chapter 112 of NRS with respect to the transfer.
4. The amount of Medicaid paid to or on behalf of a person is a claim against the estate in any probate proceeding only at a time when there is no surviving spouse or surviving child who is under 21 years of age or is blind or permanently and totally disabled.
5. The state welfare administrator may elect not to file a claim against the estate of a recipient of Medicaid or his spouse if he determines that the filing of the claim will cause an undue hardship for the spouse or other survivors of the recipient. The administrator shall adopt regulations defining the circumstances that constitute an undue hardship.
6. Any recovery of money obtained pursuant to this section must be applied first to the cost of recovering the money. Any remaining money must be divided among the Federal Government, the department and the county in the proportion that the amount of assistance each contributed to the recipient bears to the total amount of the assistance contributed.
7. [An action to recover money owed to the department as a result of the payment of benefits for Medicaid must be commenced within 6 months after the cause of action accrues. A cause of action accrues after all of the following events have occurred:
(a) The death of the recipient of Medicaid;
(b) The death of the surviving spouse of the recipient of Medicaid;
(c) The death of all children of the recipient of Medicaid who are blind or permanently and totally disabled as determined in accordance with 42 U.S.C. § 1382c; and
(d) The arrival of all other children of the recipient of Medicaid at the age of 21 years.] Any recovery by the welfare division from the undivided estate of a recipient pursuant to this section must be paid in cash to the extent of:
(a) The amount of Medicaid paid to or on behalf of the recipient after October 1, 1993; or
(b) The value of the remaining assets in the undivided estate,
whichever is less.
Sec. 41. Section 4 of Assembly Bill No. 249 of this session is hereby amended to read as follows:
Sec. 4. NRS 422.29355 is hereby amended to read as follows:
422.29355 1. The welfare division may, to the extent not prohibited by federal law, petition for the imposition of a lien pursuant to the provisions of NRS 108.850 against real or personal property of a recipient of Medicaid as follows:
(a) The welfare division may obtain a lien against a recipient’s property, both real or personal, before or after his death in the amount of assistance paid or to be paid on his behalf if the court determines that assistance was incorrectly paid for the recipient.
(b) The welfare division may seek a lien against the real property of a recipient at any age before his death in the amount of assistance paid or to be paid for him if he is an inpatient in a nursing facility, intermediate care facility for the mentally retarded or other medical institution and the welfare division determines, after notice and opportunity for a hearing in accordance with its regulations, that he cannot reasonably be expected to be discharged and return home.
2. No lien may be placed on a recipient’s home pursuant to paragraph (b) of subsection 1 for assistance correctly paid if:
(a) His spouse;
(b) His child who is under 21 years of age or blind or permanently and totally disabled as determined in accordance with 42 U.S.C. § 1382c; or
(c) His brother or sister who is an owner or part owner of the home and who was residing in the home for at least 1 year immediately before the date the recipient was admitted to the medical institution,
is lawfully residing in the home.
3. Upon the death of a recipient the welfare division may seek a lien upon his undivided estate as defined in NRS 422.054.
4. The state welfare administrator shall release a lien pursuant to this section:
(a) Upon notice by the recipient or his representative to the administrator that the recipient has been discharged from the medical institution and has returned home;
(b) If the lien was incorrectly determined; or
(c) Upon satisfaction of the claim of the welfare division.
Sec. 42. Assembly Bill No. 305 of this session is hereby amended by deleting sec. 33 and adding:
Sec. 33. (Deleted by amendment.)
Sec. 43. Assembly Bill No. 305 of this session is hereby amended by deleting sec. 37 and adding:
Sec. 37. (Deleted by amendment.)
Sec. 44. Section 45 of Assembly Bill No. 305 of this session is hereby amended to read as follows:
Sec. 45. [1. This section and sections 1 to 32, inclusive, 34, 35, 36, 38 to 44, inclusive, and 46 of this act become] This act becomes effective upon passage and approval.
[2. Sections 33 and 37 of this act become effective at 12:01 a.m. on July 1, 1999.
3. Sections 32 and 36 of this act expire by limitation on July 1, 1999.]
Sec. 45. Section 2 of Assembly Bill No. 483 of this session is hereby amended to read as follows:
Sec. 2. NRS 441A.220 is hereby amended to read as follows:
1. For statistical purposes, provided that the identity of the person is not discernible from the information disclosed.
2. In a prosecution for a violation of this chapter.
3. In a proceeding for an injunction brought pursuant to this chapter.
4. In reporting the actual or suspected abuse or neglect of a child or elderly person.
5. To any person who has a medical need to know the information for his own protection or for the well-being of a patient or dependent person, as determined by the health authority in accordance with regulations of the board.
6. If the person who is the subject of the information consents in writing to the disclosure.
7. Pursuant to subsection 2 of NRS 441A.320[.] or section 3 of this act.
8. If the disclosure is made to the department of human resources and the person about whom the disclosure is made has been diagnosed as having acquired immunodeficiency syndrome or an illness related to the human immunodeficiency virus and is a recipient of or an applicant for Medicaid.
9. To a fireman, police officer or person providing emergency medical services if the board has determined that the information relates to a communicable disease significantly related to that occupation. The information must be disclosed in the manner prescribed by the board.
10. If the disclosure is authorized or required by specific statute.
Sec. 46. Section 1 of Assembly Bill No. 649 of this session is hereby amended to read as follows:
Section 1. NRS 200.5093 is hereby amended to read as follows:
(a) The local office of the aging services division of the department of human resources;
(b) A police department or sheriff’s office;
(c) The county’s office for protective services, if one exists in the county where the suspected action occurred; or
(d) A toll-free telephone service designated by the aging services division of the department of human resources.
If the report of abuse, neglect, exploitation or isolation of an older person involves an act or omission of the aging services division, another division of the department of human resources or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.
2. Reports must be made by the following persons who, in their professional or occupational capacities, know or have reason to believe that an older person is being or has been abused, neglected, exploited or isolated:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician’s assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.
(c) A coroner.
(d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from the offender during a confession.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from a client who has been or may be accused of such abuse, neglect, exploitation or isolation.
(g) Any employee of the department of human resources.
(h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or mortuary.
3. A report may be filed by any other person.
4. A person required to make a report pursuant to this section who has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation shall report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the aging services division of the department of human resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
5. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the aging services division of the department of human resources, must be forwarded to the aging services division within 90 days after the completion of the report.
6. If the investigation of the report results in the belief that the older person is abused, neglected, exploited or isolated, the aging services division of the department of human resources or the county’s office for protective services may provide protective services to the older person if he is able and willing to accept them.
7. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 47. Section 2 of Assembly Bill No. 649 of this session is hereby amended to read as follows:
Sec. 2. NRS 200.50984 is hereby amended to read as follows:
2. Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person, the [department of human resources] aging services division or the county’s office for protective services shall obtain the consent of the older person before inspecting those records. If the [department of human resources] aging services division or the county’s office for protective services determines that the older person is unable to consent to the inspection, the inspection may be conducted without his consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person, the [department of human resources] aging services division or the county’s office for protective services shall obtain the consent of the guardian before inspecting those records. If the [department of human resources] aging services division or the county’s office for protective services has reason to believe that the guardian is abusing, neglecting, exploiting or isolating the older person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.
Sec. 48. Section 3 of Assembly Bill No. 649 of this session is hereby amended to read as follows:
Sec. 3. NRS 200.50986 is hereby amended to read as follows:
Sec. 49. Section 4 of Assembly Bill No. 649 of this session is hereby amended to read as follows:
Sec. 4. This act becomes effective on July 1, 1999.
Sec. 50. Section 1 of Senate Bill No. 398 of this session is hereby amended to read as follows:
Section 1. NRS 422.245 is hereby amended to read as follows:
Sec. 51. Section 4 of Senate Bill No. 398 of this session is hereby amended to read as follows:
Sec. 4. This act becomes effective on July 1, 1999.”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 486.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1108.
Amend sec. 7, page 3, line 24, by deleting “14,” and inserting “15,”.
Amend sec. 8, page 3, line 25, by deleting “14,” and inserting “15,”.
Amend the bill as a whole by deleting sec. 11, renumbering sections 9 and 10 as sections 10 and 11 and adding a new section designated sec. 9, following sec. 8, to read as follows:
“Sec. 9. “Business” means a trade or occupation conducted for profit.”.
Amend sec. 10, page 3, line 33, after “powers.” by inserting: “The term does not include an ordinance, regulation, resolution or other type of instrument by the adoption of which the governing body of a local government exercises legislative powers authorized pursuant to chapter 271, 278, 278A or 278B of NRS.”.
Amend sec. 11.5, page 3, line 36, by deleting “14,” and inserting “15,”.
Amend sec. 11.5, page 3, by deleting line 40 and inserting: “pursuant to a federal or state statute or regulation or pursuant to a contract or agreement into which the local government has entered.”.
Amend sec. 12, page 4, line 3, by deleting “small”.
Amend sec. 12, page 4, line 5, by deleting “small”.
Amend sec. 12, page 4, line 9, by deleting “small”.
Amend sec. 12, page 4, line 10, by deleting “small”.
Amend sec. 12, page 4, by deleting line 12 and inserting:
“(a) Insofar as practicable, consult with trade associations or owners and officers of ”.
Amend sec. 12, page 4, line 15, by deleting “small”.
Amend sec. 12, page 4, line 17, by deleting “small”.
Amend sec. 12, page 4, line 19, by deleting “small”.
Amend sec. 12, page 4, line 21, by deleting “small”.
Amend sec. 13, page 4, line 24, by deleting “small”.
Amend sec. 13, page 4, line 27, by deleting “small”.
Amend sec. 13, page 4, line 30, by deleting “small”.
Amend sec. 13, page 4, line 36, by deleting “small”.
Amend sec. 14, page 5, line 5, by deleting “small”.
Amend sec. 14, page 5, line 8, by deleting “90” and inserting “30”.
Amend sec. 14, page 5, line 13, by deleting “small”.
Amend sec. 14, page 5, line 15, by deleting “small”.
Amend sec. 14, page 5, line 17, by deleting “small”.
Amend sec. 14, page 5, line 21, by deleting “small”.
Amend sec. 14, page 5, between lines 22 and 23, by inserting:
“4. Each governing body of a local government shall provide a procedure for an aggrieved business to object to a rule adopted by the governing body. The procedure must be filed with the clerk of the local government and available upon request at no charge.”.
Amend the bill as a whole by renumbering sec. 15 as sec. 16 and adding a new section designated sec. 15, following sec. 14, to read as follows:
“Sec. 15. The governing body of a local government may adopt a rule without complying with the provisions of sections 8 to 14, inclusive, of this act if the governing body declares, by unanimous vote, that emergency action is necessary to protect public health and safety. Such a rule may remain in effect for not more than 6 months after the date on which it was adopted.”.
Amend the title of the bill by deleting the first through third lines and inserting:
“AN ACT relating to administrative procedure affecting businesses; requiring certain governmental entities to consider the impact on small businesses of regulations promulgated by the governmental entity; requiring local governmental entities to consider the impact on businesses of certain rules promulgated by the governmental entity; and”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires certain governmental entities to consider impact of regulations on small businesses and rules on businesses. (BDR 18‑1297)”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 504.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 1089.
Amend the bill as a whole by adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. The amendatory provisions of this act expire by limitation on October 1, 2029.”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 370.
Bill read second time and ordered to third reading.
Assembly Bill No. 656.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 8.
Bill read third time.
Roll call on Senate Bill No. 8:
Yeas—21.
Nays—None.
Senate Bill No. 8 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 279.
Bill read third time.
Roll call on Senate Bill No. 279:
Yeas—21.
Nays—None.
Senate Bill No. 279 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 280.
Bill read third time.
Roll call on Senate Bill No. 280:
Yeas—21.
Nays—None.
Senate Bill No. 280 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 283.
Bill read third time.
Roll call on Senate Bill No. 283:
Yeas—21.
Nays—None.
Senate Bill No. 283 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 305.
Bill read third time.
Roll call on Senate Bill No. 305:
Yeas—21.
Nays—None.
Senate Bill No. 305 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 308.
Bill read third time.
Roll call on Senate Bill No. 308:
Yeas—21.
Nays—None.
Senate Bill No. 308 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 329.
Bill read third time.
Roll call on Senate Bill No. 329:
Yeas—21.
Nays—None.
Senate Bill No. 329 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 368.
Bill read third time.
Remarks by Senators Wiener, O’Donnell, Amodei, Raggio, Jacobsen and Neal.
Roll call on Senate Bill No. 368:
Yeas—21.
Nays—None.
Senate Bill No. 368 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 411.
Bill read third time.
Conflict of interest declared by Senator Raggio.
Roll call on Senate Bill No. 411:
Yeas—20.
Nays—None.
Not Voting—Raggio.
Senate Bill No. 411 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Porter moved that Senate Bill No. 432 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Porter.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 511.
Bill read third time.
Remarks by Senators Coffin, Raggio, Neal, Jacobsen and Titus.
Roll call on Senate Bill No. 511:
Yeas—15.
Nays—Care, Carlton, Coffin, O’Connell, Titus, Wiener—6.
Senate Bill No. 511 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 347.
Bill read third time.
The following amendment was proposed by Senators O’Connell, Porter and Rhoads:
Amendment No. 1092.
Amend sec. 3, page
2, line 37, by deleting “$10” and inserting “[$10]
$13”.
Amend sec. 3, page
2, line 41, by deleting “$10.” and inserting “[$10.]
$13.”.
Amend sec. 3, page 3, line 5, by deleting “$27” and inserting “$30”.
Amend sec. 3, page 3, line 8, by deleting “$27.” and inserting “$30.”.
Amend sec. 3, page
3, by deleting lines 19 through 23 and inserting: “inflation as calculated
pursuant to subsection [3] 4 only if [:
(a) A majority
of all of the voting members of the advisory committee recommends the change;
(b) The board
of directors approves the recommendation; and
(c) The]
the increase is approved by the Legislature.”.
Amend sec. 4, page 4, line 3, after “5.” by inserting: “Develop and implement a program to provide financial assistance to owners of real property served by:
(a) Domestic wells; or
(b) Wells that are operated pursuant to temporary permits,
in existence before October 1, 1999, who are required by the state engineer to connect the real property to a public water system.
6.”.
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. 157.
Bill read third time.
The following amendment was proposed by Senator Coffin:
Amendment No. 1111.
Amend section 1, page 1, by deleting lines 11 through 14 and inserting: “bed of a flatbed truck or within the bed of a pickup truck.
2. A person may ride upon the bed of a flatbed truck or within the bed of a pickup truck if the”.
Amend section 1, page 2, by deleting lines 6 through 20 and inserting:
“3. Except as otherwise provided in this subsection, a citation must be issued to the driver of a vehicle in or upon which a person is riding in violation of subsection 1 upon the bed of a flatbed truck or within the bed of a pickup truck. A citation may be issued pursuant to this subsection only if the driver of the vehicle is arrested for another alleged violation or offense.
4. If a driver is cited pursuant to subsection 3, the driver shall be punished by a fine of at least $35 but not more than $100.
5. A violation of this section:”.
Amend section 1, page 2, by deleting lines 26 through 29 and inserting:
“6. As used in this section, “freeway” has the meaning ascribed to it in NRS 408.060.”.
Amend the title of the bill by deleting the second and third lines and inserting: “flatbed truck or within the bed of a pickup truck; providing a penalty; and providing other matters properly relating”.
Senator Coffin moved the adoption of the amendment.
Remarks by Senators Coffin and James.
Motion lost on a division of the house.
Roll call on Assembly Bill No. 157:
Yeas—7.
Nays—Jacobsen, James, Mathews, McGinness, Neal, O’Connell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington—14.
Assembly Bill No. 157 having failed to receive a constitutional majority, Madam President declared it lost.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Finance, to which were referred Senate Bills Nos. 443, 545; Assembly Bill No. 346, 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 were referred Senate Bills Nos. 184, 504, 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
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bills Nos. 39, 47, 130, 200, 293, 470, 530 be placed on the Second Reading File on the Second Agenda.
Remarks by Senator Raggio.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 132.
Bill read third time.
Roll call on Assembly Bill No. 132:
Yeas—21.
Nays—None.
Assembly Bill No. 132 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 142.
Bill read third time.
Roll call on Assembly Bill No. 142:
Yeas—18.
Nays—Care, Carlton, Titus—3.
Assembly Bill No. 142 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 151.
Bill read third time.
Roll call on Assembly Bill No. 151:
Yeas—19.
Nays—Carlton, Neal—2.
Assembly Bill No. 151 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 158.
Bill read third time.
Roll call on Assembly Bill No. 158:
Yeas—21.
Nays—None.
Assembly Bill No. 158 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 181.
Bill read third time.
Roll call on Assembly Bill No. 181:
Yeas—21.
Nays—None.
Assembly Bill No. 181 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 182.
Bill read third time.
Roll call on Assembly Bill No. 182:
Yeas—21.
Nays—None.
Assembly Bill No. 182 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 195.
Bill read third time.
Roll call on Assembly Bill No. 195:
Yeas—21.
Nays—None.
Assembly Bill No. 195 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bill No. 424 be considered next on General File.
Remarks by Senator Raggio.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 424.
Bill read third time.
The following amendment was proposed by Senator Raggio:
Amendment No. 1115.
Amend sec. 6, page 2, line 29, by deleting: “university, community college”.
Amend sec. 6, page 2, by deleting lines 34 and 35 and inserting:
“(a) A state agency; or”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
SECOND READING AND AMENDMENT
Assembly Bill No. 39.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1085.
Amend the bill as a whole by adding new sections designated sections 3 and 4, following sec. 2, to read as follows:
“Sec. 3. NRS 405.030 is hereby amended to read as follows:
(a) Within any right of way of any state highway or road which is owned or controlled by the department of transportation.
(b) Within20 feet of the main traveled way of any unimproved highway.
(c) On the property of another within view of any such highway, without the owner’s written consent.
2. Nothing in this section prevents the posting or maintaining of any notices required by law to be posted or maintained, or the placing or maintaining of highway signs giving directions and distances for the information of the traveling public if the signs are approved by the department of transportation.
3. A tenant of a mobile home park may exhibit a political sign within a right of way of a state highway or road which is owned or controlled by the department of transportation if the tenant exhibits the sign within the boundary of his lot and in accordance with the requirements and limitations set forth in section 1 of this act. As used in this subsection, the term “political sign” has the meaning ascribed to it in section 1 of this act.
Sec. 4. NRS 405.110 is hereby amended to read as follows:
405.110 1. Except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, or 268.081 and 268.083, no advertising signs, signboards, boards or other materials containing advertising matter may:
(a) Except as otherwise provided in subsection 3, be placed upon or over any state highway.
(b) Except as otherwise provided in [subsection 3,] subsections 3 and 4, be placed within the highway right of way.
(c) Except as otherwise provided in subsection 3, be placed upon any bridge or other structure thereon.
(d) Be so situated with respect to any public highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to constitute a hazard upon or prevent the safe use of the state highway.
2. With the permission of the department of transportation, counties, towns or cities of this state may place at such points as are designated by the director of the department of transportation suitable signboards advertising the counties, towns or municipalities.
3. A person may place an advertising sign, signboard, board or other material containing advertising matter in any airspace above a highway if:
(a) The department of transportation has leased the airspace to the person pursuant to subsection 2 of NRS 408.507, the airspace is over an interstate highway and:
(1) The purpose of the sign, signboard, board or other material is to identify a commercial establishment that is entirely located within the airspace, services rendered or goods produced or sold upon the commercial establishment or that the facility or property that is located within the airspace is for sale or lease; and
(2) The size, location and design of the sign, signboard, board or other material and the quantity of signs, signboards, boards or other materials have been approved by the department of transportation; or
(b) The person owns real property adjacent to an interstate highway and:
(1) The person has dedicated to a public authority a fee or perpetual easement interest in at least one acre of the property for the construction or maintenance, or both, of the highway over which he is placing the sign, signboard, board or other material and the person retained the air rights in the airspace above the property for which the person has dedicated the interest;
(2) The sign, signboard, board or other material is located in the airspace for which the person retained the air rights;
(3) The structure that supports the sign, signboard, board or other material is not located on the property for which the person dedicated the fee or easement interest to the public authority, and the public authority determines that the location of the structure does not create a traffic hazard; and
(4) The purpose of the sign, signboard, board or other material is to identify an establishment or activity that is located on the real property adjacent to the interstate highway, or services rendered or goods provided or sold on that property.
4. A tenant of a mobile home park may exhibit a political sign within a right of way of a state highway or road which is owned or controlled by the department of transportation if the tenant exhibits the sign within the boundary of his lot and in accordance with the requirements and limitations set forth in section 1 of this act. As used in this subsection, the term “political sign” has the meaning ascribed to it in section 1 of this act.
5. If any such sign is placed in violation of this section it is thereby declared a public nuisance and may be removed forthwith by the department of transportation or the public authority.
[5.] 6. Any person placing any such sign in violation of the provisions of this section shall be punished by a fine of not more than $250, and is also liable in damages for any injury or injuries incurred or for injury to or loss of property sustained by any person by reason of the violation.”.
Amend the title of the bill, third line, after “circumstances;” by inserting: “authorizing a tenant to exhibit a political sign within the right of way of a highway under certain circumstances;”.
Amend the summary of the bill, third line, by deleting the period and inserting: “and authorizes tenant to exhibit political sign in right of way of highway under certain circumstances.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 47.
Bill read second time and ordered to third reading.
Assembly Bill No. 130.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1080.
Amend the bill as a whole by deleting sections 1 through 7, renumbering sections 8 and 9 as sections 17 and 18 and adding new sections designated sections 1 through 16, following the enacting clause, to read as follows:
“Section 1. Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each report of expenses or expenditures required pursuant to NRS 294A.125, 294A.200, 294A.210, 294A.220 and 294A.280 must consist of a list of the expenses incurred or expenditures made during the periods for reporting. The list must state the category and amount of the expense or expenditure and the approximate date on which the expense was incurred or the expenditure was made.
2. The categories of expense or expenditure for use on the report of expenses or expenditures are:
(a) Office expenses;
(b) Expenses related to volunteers;
(c) Expenses related to travel;
(d) Expenses related to advertising;
(e) Expenses related to paid staff;
(f) Expenses related to consultants;
(g) Expenses related to polling;
(h) Expenses related to special events;
(i) Goods and services provided in kind for which money would otherwise have been paid; and
(j) Other miscellaneous expenses related to the campaign.
Sec. 2. NRS 294A.120 is hereby amended to read as follows:
(a) Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 12 days before the primary election;
(b) Seven days before the general election, whether or not the candidate won the primary election, for the period from 12 days before the primary election up to 12 days before the general election; and
(c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,
[report the total amount of his] list each of the campaign contributions he receives during the period on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
2. Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Seven days before the special election, for the period from his nomination up to 12 days before the special election; and
(b) Thirty days after the special election, for the remaining period up to the special election,
[report the total amount of his] list each of the campaign contributions he receives during the period on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
3. Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall [report the total amount of his] list each of the campaign contributions he receives on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 30 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to the special election.
4. Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. Every county clerk who receives from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to subsection 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.
6. [Each] The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period . [must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form provided by the secretary of state.] The form designed and provided by the secretary of state for the reporting of contributions pursuant to this section must be designed to be used by a candidate to record in the form of a list each campaign contribution as he receives it.
Sec. 3. NRS 294A.125 is hereby amended to read as follows:
(a) The year in which he receives contributions in excess of $10,000, [report the total contributions received.] list each of the contributions he receives during the period.
(b) Each year after the year in which he received contributions in excess of $10,000, until the year of the general election or general city election in which the candidate intends to seek election to public office is held, [report] list each of the contributions received and the expenditures made in that year.
2. The reports required by subsection 1 must be submitted on a form designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
3. [Each] The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions that a contributor has made cumulatively in excess of that amount . [must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form provided by the secretary of state. Each expenditure in excess of $100 and expenditures that the candidate made cumulatively in excess of that amount must be separately identified with the date of the expenditure, tabulated and reported on the form provided by the secretary of state.] The forms designed and provided by the secretary of state for the reporting of contributions and expenditures pursuant to this section must be designed to be used by a candidate to record in the form of a list each campaign contribution as he receives it and each expenditure as it is made.
4. The report must be filed with the secretary of state.
Sec. 4. NRS 294A.140 is hereby amended to read as follows:
(a) Seven days before a primary election or primary city election, for the period from 30 days after the last election for that office to 12 days before the primary election or primary city election;
(b) Seven days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from 12 days before the primary election or primary city election to 12 days before the general election or general city election; and
(c) The 15th day of the second month after the general election or general city election, for the remaining period up to 30 days after the general election or general city election,
[report the total amount] list each of the contributions received during the period on the form designed and provided by the secretary of state and shall sign the report under penalty of perjury.
2. The [report of campaign contributions must identify] name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100[. Contributions] and contributions which a contributor has made cumulatively in excess of $100 since the beginning of the first reporting period. [must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form designed and provided by the secretary of state.] The form designed and provided by the secretary of state for the reporting of contributions pursuant to this section must be designed to be used by the person, committee for political action, political party or committee sponsored by a political party to record in the form of a list each contribution as it is received.
3. If the candidate is elected from one county, the reports must be filed with the county clerk of that county. If the candidate is elected from one city, the reports must be filed with the city clerk of that city. For all other candidates the reports must be filed with the secretary of state. A person or entity may file the report with the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
4. Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.
Sec. 5. NRS 294A.150 is hereby amended to read as follows:
(a) Seven days before a primary election or primary city election, for the period from 30 days after the last general election to 12 days before the primary election or primary city election;
(b) Seven days before a general election or general city election, for the period from 12 days before the primary election or primary city election to 12 days before the general election or general city election; and
(c) The 15th day of the second month after the general election or general city election, for the remaining period up to 30 days after the general election or general city election,
[report the total amount] list each of the contributions received during the period on the form designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury.
2. [Each] The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period. [must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form provided by the secretary of state.] The form designed and provided by the secretary of state for the reporting of contributions pursuant to this section must be designed to be used to record in the form of a list each contribution as it is received.
3. If the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. If the question is submitted to the voters of only one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If the person or group of persons is advocating passage or defeat of a group of questions, the reports must be made to the officer appropriate for each question and must be itemized by question.
4. Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.
Sec. 6. NRS 294A.200 is hereby amended to read as follows:
(a) Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 12 days before the primary election;
(b) Seven days before the general election, whether or not the candidate won the primary election, for the period from 12 days before the primary election up to 12 days before the general election; and
(c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,
[report his] list each of the campaign expenses he incurs during the period on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
2. Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Seven days before the special election, for the period from his nomination up to 12 days before the special election; and
(b) Sixty days after the special election, for the remaining period up to 30 days after the special election,
[report his] list each of the campaign expenses he incurs during the period on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
3. Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall [report his] list the campaign expenses he incurs on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 60 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to 30 days after the special election.
4. Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. County clerks who receive from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to subsection 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.
6. The forms designed and provided by the secretary of state for the reporting of campaign expenses pursuant to this section must be designed to be used by a candidate to record in the form of a list each campaign expense as he incurs it.
Sec. 7. NRS 294A.210 is hereby amended to read as follows:
(a) Seven days before a primary election or primary city election, for the period from 30 days after the last election for that office to 12 days before the primary election or primary city election;
(b) Seven days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from 12 days before the primary election or primary city election to 12 days before the general election or general city election; and
(c) The 15th day of the second month after a general election or general city election, for the remaining period up to 30 days after the general election or general city election,
[report the expenditures] list each expenditure made during the period on behalf of a candidate or group of candidates in excess of $100 on forms designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury. The report must also include identification of expenditures which the person or group made cumulatively in excess of $100 since the beginning of the first reporting period.
2. Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report.
3. If the candidate is elected from one county, the reports must be filed with the county clerk of that county. If the candidate is elected from one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of candidates, the reports must be made to the officer appropriate for each candidate and itemized by the candidate. A person may make his report to the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
4. Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.
5. The forms designed and provided by the secretary of state for the reporting of expenditures pursuant to this section must be designed to be used by the person or representative of the group to record in the form of a list each expenditure as it is made.
Sec. 8. NRS 294A.220 is hereby amended to read as follows:
(a) Seven days before a primary election or primary city election, for the period from 30 days after the last general election to 12 days before the primary election or primary city election;
(b) Seven days before a general election or general city election, for the period from 12 days before the primary election or primary city election to 12 days before the general election or general city election; and
(c) The 15th day of the second month after the general election or general city election, for the remaining period up to 30 days after the general election or general city election,
[report expenditures] list each expenditure made during the period on behalf of or against a question or group of questions on the ballot in excess of $100 on the form designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury. The report must also include the identification of expenditures which the person or group made cumulatively in excess of $100 since the beginning of the first reporting period.
2. Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report.
3. If the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. If the question is submitted to the voters of only one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of questions, the reports must be made to the officer appropriate for each question and must be itemized by question. A person may make his report to the appropriate filing officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
4. Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.
5. The form designed and provided by the secretary of state for the reporting of expenditures pursuant to this section must be designed to be used by the person or representative of the group to record in the form of a list each expenditure as it is made.
Sec. 9. NRS 294A.270 is hereby amended to read as follows:
(a) Seven days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to 12 days before the special election; and
(b) Thirty days after the election, for the remaining period up to the election,
[report] list each contribution received or made by the committee in excess of $100 on a form provided by the secretary of state and signed under penalty of perjury.
2. If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, [report] list each contribution received or made by the committee in excess of $100.
3. If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, [report] list each contribution received or made by the committee in excess of $100.
4. Each report of contributions must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. [Each] The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution, whether from or to a natural person, association or corporation, in excess of $100 and contributions which a contributor or the committee has made cumulatively in excess of that amount since the beginning of the first reporting period. [must be separately identified with the name and address of the contributor or person to whom the contribution was given and the date of the contribution, tabulated and reported on the form provided by the secretary of state.] The form designed and provided by the secretary of state for the reporting of contributions pursuant to this section must be designed to be used by the committee to record in the form of a list each contribution as it is received or made.
Sec. 10. NRS 294A.280 is hereby amended to read as follows:
(a) Seven days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to 12 days before the special election; and
(b) Thirty days after the election, for the remaining period up to the election,
[report] list each expenditure made by the committee in excess of $100 on a form provided by the secretary of state and signed under penalty of perjury.
2. If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, [report] list each expenditure made by the committee in excess of $100.
3. If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, [report] list each expenditure made by the committee in excess of $100.
4. The report must also include identification of expenditures which the committee for the recall of a public officer made cumulatively in excess of $100 since the beginning of the first reporting period.
5. Each report of expenditures must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
6. The form designed and provided by the secretary of state for the reporting of expenditures pursuant to this section must be designed to be used by a committee to record in the form of a list each expenditure as it is made.
Sec. 11. NRS 294A.345 is hereby amended to read as follows:
(a) The education or training of the candidate.
(b) The profession or occupation of the candidate.
(c) Whether the candidate committed, was indicted for committing or was convicted of committing a felony or other crime involving moral turpitude, dishonesty or corruption.
(d) Whether the candidate has received treatment for a mental illness.
(e) Whether the candidate was disciplined while serving in the military or was dishonorably discharged from service in the military.
(f) Whether another person endorses or opposes the candidate.
(g) The record of voting of a candidate if he formerly served or currently serves as a public officer.
2. [A person shall not, with actual malice and the intent to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, cause to be published a false statement of fact concerning the question on the ballot.
3.] Any candidate who alleges that a false statement of fact concerning the candidate has been published in violation of subsection 1[, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a false statement of fact has been published in violation of subsection 2,] may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive, and NRS 281.477. The commission shall give priority to such a request over all other matters pending with the commission.
[4.] 3. A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.
[5.] 4. As used in this section:
(a) “Actual malice” means knowledge of the falsity of a statement or reckless disregard for whether a statement is true or false.
(b) “Publish” means the act of printing, posting, broadcasting, mailing, speaking or otherwise disseminating.
Sec. 12. NRS 294A.360 is hereby amended to read as follows:
(a) Seven days before the primary city election, for the period from 30 days after the last election for that office up to 12 days before the primary city election;
(b) Seven days before the general city election, whether or not the candidate won the primary city election, for the period from 12 days before the primary city election up to 12 days before the general city election; and
(c) The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.
2. Every candidate for city office where there is no primary city election shall so file those reports:
(a) Seven days before the general city election, for the period from 30 days after the last election for that office up to 12 days before the general city election; and
(b) The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.
3. The city clerk shall design the form for each report a candidate for city office is required to file pursuant to NRS 294A.120 and 294A.200. The form designed and provided by the city clerk for the reporting of campaign contributions and campaign expenses pursuant to this section must be designed to be used to record in the form of a list each campaign contribution as it is made and each campaign expense as it is incurred.
The city clerk shall submit the form to the secretary of state for approval. The city clerk shall not use such a form until it is approved.
Sec. 13. NRS 294A.380 is hereby amended to read as follows:
Sec. 14. NRS 281.477 is hereby amended to read as follows:
2. Such a request must be accompanied by all evidence and arguments to be offered by the requester concerning the issues related to the request. Except as otherwise provided in this subsection, if such evidence and arguments are not submitted with the request, the commission may:
(a) Draw any conclusions it deems appropriate from the failure of the person or group of persons requesting the opinion to submit the evidence and arguments, other than a conclusion that a person alleged to have violated NRS 294A.345 acted with actual malice; and
(b) Decline to render an opinion.
The provisions of this subsection do not prohibit the commission from considering evidence or arguments presented by the requester after submission of the request for an opinion if the commission determines that consideration of such evidence or arguments is in the interest of justice.
3. The commission shall immediately notify any person alleged to have violated NRS 294A.345 or 294A.346 that such an opinion has been requested by the most expedient means possible. If notice is given orally by telephone or in any other manner, a second notice must be given in writing [no] not later than the next calendar day by facsimile machine or overnight mail. The notice must include the time and place of the commission’s hearing on the matter.
4. A person notified pursuant to subsection 3 shall submit a response to the commission [no] not later than [at] the close of business on the second business day following the receipt of the notice. The response must be accompanied by any evidence concerning the issues related to the request that the person has in his possession or may obtain without undue financial hardship. Except as otherwise provided in this subsection, if such evidence is not submitted within that time, the commission may:
(a) Draw any conclusions it deems appropriate from the failure of that person to submit the evidence and argument; and
(b) Prohibit that person from responding and presenting evidence at the hearing.
The provisions of this subsection do not prohibit the commission from allowing that person to respond and present evidence or arguments, or both, after the close of business on the second business day if the commission determines that consideration of such evidence or arguments is in the interest of justice.
5. Except as otherwise provided in subsection 4, the commission shall allow any person alleged to have violated NRS 294A.345 or 294A.346 to:
(a) Be represented by counsel; and
(b) Hear the evidence presented to the commission and respond and present evidence on his own behalf.
6. At the request of:
(a) The person or group of persons that filed the request for the opinion pursuant to NRS 294A.345 or 294A.346; or
(b) The person alleged to have violated the provisions of NRS 294A.345 or 294A.346,
the commission may grant a continuance of a hearing held pursuant to the provisions of this section upon a showing of the existence of extraordinary circumstances that would prohibit the commission from rendering a fair and impartial opinion. A continuance may be granted for not more than 15 days. Not more than one continuance may be granted by the commission pursuant to this subsection.
7. The person or group of persons that filed the request for the opinion pursuant to NRS 294A.345 or 294A.346 has the burden of proving the elements of the offense, including that a person alleged to have violated NRS 294A.345 acted with actual malice. The existence of actual malice may not be presumed. A final opinion of the commission rendered pursuant to this section must be supported by clear and convincing evidence. In addition to the other requirements for issuing an opinion pursuant to this subsection, the commission shall not render a final opinion determining that a person has violated NRS 294A.345 unless the commission makes specific findings that:
(a) The person caused to be published a false statement of fact concerning a candidate;
(b) The person acted with actual malice in causing the false statement to be published;
(c) The person acted with the intent to impede the success of the campaign of the candidate in causing the false statement to be published; and
(d) The publication of the false statement did in fact impede the success of the campaign of the candidate.
8. The commission shall render its opinion, or decline to render an opinion, as expeditiously as possible, but not later than 3 days after the date of the hearing. If additional time is required to determine the state of mind or the intent of the person alleged to have violated the provisions of NRS 294A.345 or 294A.346 or to determine the amount of any civil penalty that may be imposed pursuant to NRS 281.551, the commission may continue its jurisdiction to investigate those issues but shall render its opinion as to the truth or falsity of the statement made concerning the candidate or the ballot question or its opinion as to whether the person impeded the success of the campaign or induced another person to impede the success of the campaign. If the commission continues its jurisdiction pursuant to this subsection, it may render a final opinion after the time set forth in this subsection.
9. A final opinion of the commission rendered pursuant to this section is subject to judicial review pursuant to NRS 233B.130. The district court shall give a petition for judicial review of a final opinion of the commission priority over other civil matters that are not expressly given priority by law. Notwithstanding the provisions of NRS 233B.130, the court may provide for such expedited review of the final opinion, including shortened periods for filing documents, as it deems appropriate for the circumstances.
10. Each request for an opinion filed pursuant to NRS 294A.345 or 294A.346, each opinion rendered by the commission pursuant thereto and any motion, evidence or record of a hearing relating to the request are public and must be open to inspection pursuant to NRS 239.010.
11. For the purposes of NRS 41.032, the members of the commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking any action related to the rendering of an opinion pursuant to this section.
12. Except as otherwise provided in this section, a meeting or hearing held by the commission to carry out the provisions of this section and the commission’s deliberations on the information or evidence are not subject to any provision of chapter 241 of NRS.
13. As used in this section:
(a) “Actual malice” has the meaning ascribed to it in NRS 294A.345.
(b) “Publish” has the meaning ascribed to it in NRS 294A.345.
Sec. 15. NRS 281.551 is hereby amended to read as follows:
2. In addition to other penalties provided by law, the commission may impose a civil penalty not to exceed $5,000 and assess an amount equal to the amount of attorney’s fees and costs actually and reasonably incurred by the person about whom an opinion was requested pursuant to NRS 281.511, against a person who:
(a) Submits to the commission, in bad faith or with a vexatious purpose, an accusation or information that is false;
(b) Submits to the commission, in connection with a request for an opinion that the commission determines to be without merit, an accusation or information that is false; or
(c) Prevents, interferes with or attempts to prevent or interfere with the discovery or investigation of a violation of this chapter.
3. If the commission finds that a violation of a provision of this chapter by a public officer or employee or former public officer or employee has resulted in the realization by another person of a financial benefit, the commission may, in addition to other penalties provided by law, require the current or former public officer or employee to pay a civil penalty of not more than twice the amount so realized.
4. Except as otherwise provided in this subsection, and in addition to any other penalty provided by law, the commission may impose on any person who violates any provision of NRS 294A.345 or 294A.346 a civil penalty not to exceed $10,000. [If] Except as otherwise provided in this subsection, if the commission finds that a violation of NRS 294A.345 or 294A.346 occurred within 10 days before an election, including any recall or special election, the commission may impose on the person who committed such a violation a civil penalty not to exceed $30,000. The commission shall not impose a civil penalty for a violation of NRS 294A.345 unless the commission has made the specific findings required pursuant to subsection 7 of NRS 281.477.
5. If the commission finds that a violation of this chapter has been committed by a public officer removable from office by impeachment only, it shall file a report with the appropriate person responsible for commencing impeachment proceedings as to its finding. The report must contain a statement of the facts alleged to constitute the violation.
6. An action taken by a public officer or employee or former public officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505 is not a willful violation of a provision of those sections if the public officer or employee:
(a) Relied in good faith upon the advice of the legal counsel retained by the public body which the public officer represents or by the employer of the public employee;
(b) Was unable, through no fault of his own, to obtain an opinion from the commission before the action was taken; and
(c) Took action that was not contrary to a prior opinion issued by the commission to the public officer or employee.
7. In addition to other penalties provided by law, a public employee who willfully violates a provision of NRS 281.481, 281.491, 281.501 or 281.505 is subject to disciplinary proceedings by his employer and must be referred for action in accordance to the applicable provisions governing his employment.
8. NRS 281.481 to 281.541, inclusive, do not abrogate or decrease the effect of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees.
9. The imposition of a civil penalty pursuant to subsections 1 to 4, inclusive, is a final decision for the purposes of judicial review.
10. In determining for the purposes of this section whether a person submitted an accusation or information in bad faith or with a vexatious purpose, the commission may consider various factors, including, without limitation:
(a) When the accusation or information was filed with or provided to the commission;
(b) Whether and, if applicable, in what manner the person who submitted the accusation or information publicly disseminated the accusation or information before the commission determined whether there was just and sufficient cause to render an opinion in the matter;
(c) Whether the accusation or information sets forth alleged facts or details that are misleading or deceptive; and
(d) Whether the accusation or information or the conduct of the person who submitted the accusation or information:
(1) Would be perceived as annoying or harassing by a reasonable person; or
(2) Demonstrates conscious disregard for the process and procedures established by the commission.
Sec. 16. NRS 294A.385 is hereby repealed.”.
Amend the bill as a whole by deleting the text of repealed sections and adding the text of NRS 294A.385.
Amend the title of the bill to read as follows:
“AN ACT relating to elections; describing the categories of expenses that must be included in certain reports of expenses and expenditures; revising various provisions governing the forms for reporting campaign contributions, expenses and expenditures; limiting the prohibition against causing to be published certain false statements of fact made during a political campaign to certain false statements of fact made about a candidate; requiring the commission on ethics to make certain specific findings before the commission may determine that a person has violated the prohibition against causing to be published certain false statements of fact about a candidate; and providing other matters properly relating thereto.”.
Amend the summary of the bill, first line, by deleting: “Repeals certain provisions related to” and inserting: “Makes various changes concerning”.
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. 200.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1027.
Amend the bill as a whole by renumbering sections 1 through 8 as sections 2 through 9 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 293.481 is hereby amended to read as follows:
(a) At a general election, shall provide a copy of the question, including an explanation of and arguments for and against the question, to each county clerk within the designated territory on or before the third Monday in July preceding the election.
(b) At a primary election, shall provide a copy of the question, including an explanation of and arguments for and against the question, to each county clerk within the designated territory on or before the third Monday in May preceding the election.
(c) At any election other than a primary or general election at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide a copy of the question, including an explanation of and arguments for and against the question, to each county clerk at least 60 days before the election.
(d) At any city election at which the city clerk gives notice of the election or otherwise performs duties in connection therewith, shall provide a copy of the question, including an explanation of and arguments for and against the question, to the city clerk at least 60 days before the election.
2. The requirements of subsection 1 do not apply to any question expressly privileged or required pursuant to the provisions of article 19 of the constitution of the State of Nevada or pursuant to the provisions of chapter 295 of NRS or any other statute to be submitted if proposed after the dates specified.
3. A county or city clerk may charge any political subdivision, public or quasi-public corporation or other local agency which submits a question a reasonable fee sufficient to pay for the increased costs incurred in including the question, explanation and arguments on the ballot.”.
Amend section 1, page 1, line 6, by deleting “Sets” and
inserting: “[Sets]
Except as otherwise provided in section 5 or 6 of this act, sets”.
Amend section 1, page 2, by deleting lines 6 through 8.
Amend sec. 2, page 2, line 19, by deleting: “4 or 5” and inserting: “5 or 6”.
Amend sec. 3, page 3, line 2, by deleting: “4 and 5” and inserting: “5 and 6”.
Amend sec. 4, page 3, by deleting lines 6 through 13 and inserting: “293.482, 295.115 or 295.160, the board shall, in consultation with the county clerk, pursuant to subsection 2, appoint a committee of six persons, three of whom are known to favor approval by the voters of the initiative, referendum or other question and three of whom are known to oppose approval by the voters of the initiative, referendum or other question. A person may serve on more than one committee. Members of the committee serve without compensation. The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
2. Before the board appoints a committee pursuant to subsection 1, the county clerk shall:
(a) Recommend to the board persons to be appointed to the committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.”.
Amend sec. 4, page 3, line 14, by deleting “2.” and inserting “3.”.
Amend sec. 4, page 3, line 15, by deleting “each” and inserting “a”.
Amend sec. 4, page 3, by deleting lines 17 through 43 and inserting:
“4. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall prepare an argument advocating approval by the voters of the initiative, referendum or other question, and prepare a rebuttal to that argument;
(e) Shall prepare an argument opposing approval by the voters of the initiative, referendum or other question, and prepare a rebuttal to that argument; and
(f) Shall submit the arguments and rebuttals prepared pursuant to paragraphs (d) and (e) to the county clerk not later than the date prescribed by the county clerk pursuant to subsection 5.
5. The county clerk of a county whose population is 50,000 or more shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the county clerk.
6. Upon receipt of an argument or rebuttal prepared pursuant to this section, the county clerk shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate. Not later than 5 days after the county clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the district attorney. The district attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the district attorney shall issue his decision rejecting or accepting the statement. The decision of the district attorney is a final decision for the purposes of judicial review.
7. The county clerk shall place in the sample ballot provided to the registered voters of the county each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 6. The county clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
8. In a county whose population is less than 50,000:
(a) The board may appoint a committee pursuant to subsection 1.
(b) If the board appoints a committee, the county clerk shall provide for rules or regulations pursuant to subsection 5.”.
Amend sec. 5, page 4, by deleting lines 4 through 11 and inserting: “295.215, the council shall, in consultation with the city clerk, pursuant to subsection 2, appoint a committee of six persons, three of whom are known to favor approval by the voters of the initiative, referendum or other question and three of whom are known to oppose approval by the voters of the initiative, referendum or other question. A person may serve on more than one committee. Members of the committee serve without compensation. The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
2. Before the council appoints a committee pursuant to subsection 1, the city clerk shall:
(a) Recommend to the council persons to be appointed to the committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.”.
Amend sec. 5, page 4, line 12, by deleting “2.” and inserting “3.”.
Amend sec. 5, page 4, line 13, by deleting “each” and inserting “a”.
Amend sec. 5, page 4, by deleting lines 15 through 41 and inserting:
“4. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall prepare an argument advocating approval by the voters of the initiative, referendum or other question, and prepare a rebuttal to that argument;
(e) Shall prepare an argument opposing approval by the voters of the initiative, referendum or other question, and prepare a rebuttal to that argument; and
(f) Shall submit the arguments and rebuttals prepared pursuant to paragraphs (d) and (e) to the city clerk not later than the date prescribed by the city clerk pursuant to subsection 5.
5. The city clerk of a city whose population is 50,000 or more shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the city clerk.
6. Upon receipt of an argument or rebuttal prepared pursuant to this section, the city clerk shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate. Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the city attorney. The city attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the city attorney shall issue his decision rejecting or accepting the statement. The decision of the city attorney is a final decision for the purposes of judicial review.
7. The city clerk shall place in the sample ballot provided to the registered voters of the city each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 6. The city clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
8. In a city whose population is less than 50,000:
(a) The council may appoint a committee pursuant to subsection 1.
(b) If the council appoints a committee, the city clerk shall provide for rules or regulations pursuant to subsection 5.”.
Amend sec. 6, page 5, line 2, by deleting “4” and inserting “5”.
Amend sec. 7, page 5, line 6, by deleting “5” and inserting “6”.
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. 293.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 999.
Amend the bill as a whole by renumbering section 1 as sec. 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any provision of this Title to the contrary, a policy of health insurance issued or delivered for issuance in this state pursuant to this chapter must provide coverage for the treatment of conditions relating to mental health and must not establish any rate, term or condition that places a greater financial burden on the insured person for access to treatment for conditions relating to mental health than for access to treatment for conditions relating to physical health. Any limits required under the policy of health insurance for deductibles and out-of-pocket expenses must be comprehensive for coverage of both conditions relating to mental health and conditions relating to physical health.
2. A policy of health insurance that does not otherwise provide for managed care, or that does not provide for the same degree of managed care for all health conditions, may provide coverage for the treatment of conditions relating to mental health through a managed care organization if the managed care organization is in compliance with regulations adopted by the commissioner which ensure that the system for delivery of the treatment for conditions relating to mental health does not diminish or negate the purpose of this section. The regulations adopted by the commissioner must ensure that:
(a) Timely and appropriate access to care is available;
(b) The distribution of providers of health care who provide services relating to mental health is adequate to serve the needs of persons in this state, considering the quality, location and area of specialization of such providers; and
(c) Administrative or clinical protocols do not reduce access to medically necessary treatment for the insured person.
3. A policy of health insurance shall be deemed to be in compliance with this section if the policy provides to the insured person at least one option for treatment of conditions relating to mental health which has rates, terms and conditions that impose no greater financial burden on the insured person than that imposed for treatment of conditions relating to the physical health of the insured person. The commissioner may disapprove any policy of health insurance if he determines that the policy is inconsistent with this section.
4. Benefits provided pursuant to this section by a policy of health insurance for conditions relating to mental health must be paid in the same manner as benefits for any other illness covered by the policy.
5. Benefits for conditions relating to mental health are not required by this section if the treatment for the condition relating to mental health is not provided:
(a) By a person who is licensed or certified to provide treatment for conditions relating to mental health; or
(b) In a mental health facility or institution designated as a division facility pursuant to NRS 433.233, or in a medical or other facility licensed by the state board of health pursuant to chapter 449 of NRS that provides programs for the treatment of conditions relating to mental health, and pursuant to an individualized written plan developed for the insured person.
6. The provisions of this section must not be construed to:
(a) Limit the provision of specialized services covered by Medicaid for persons with conditions relating to mental health or substance abuse.
(b) Supersede any provision of federal law, any federal or state policy relating to Medicaid, or the terms and conditions imposed on any Medicaid waiver granted to this state with respect to the provision of services to persons with conditions relating to mental health or substance abuse.
(c) Affect any existing policy of health insurance until its date of renewal or, if the policy of health insurance is governed by a collective bargaining agreement or employment contract, until the expiration of that agreement or contract.
7. As used in this section:
(a) “Condition relating to mental health” means a condition or disorder involving mental illness that falls within any of the diagnostic categories listed in the section on mental disorders in the “International Classification of Diseases,” published by the United States Department of Health and Human Services.
(b) “Managed care” has the meaning ascribed to it in NRS 695G.040.
(c) “Managed care organization” has the meaning ascribed to it in NRS 695G.050.
(d) “Rate, term or condition” means any lifetime or annual limit on payments, any requirement concerning deductibles, copayments, coinsurance or other forms of cost sharing, any limit on out-of-pocket costs or on visits to a provider of treatment, and any other financial component of health insurance coverage that affects the insured person.
Sec. 2. NRS 689A.040 is hereby amended to read as follows:
689A.040 1. Except as otherwise provided in subsections 2 and 3, each such policy delivered or issued for delivery to any person in this state must contain the provisions specified in NRS 689A.050 to 689A.170, inclusive, and section 1 of this act, in the words in which the provisions appear, except that the insurer may, at its option, substitute for one or more of the provisions corresponding provisions of different wording approved by the commissioner which are in each instance not less favorable in any respect to the insured or the beneficiary. Each such provision must be preceded individually by the applicable caption shown, or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the commissioner may approve.
2. Each policy delivered or issued for delivery in this state after November 1, 1973, must contain a provision, if applicable, setting forth the provisions of NRS 689A.045.
3. If any such provision is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy, the insurer, with the approval of the commissioner, may omit from the policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of a provision in such a manner as to make the provision as contained in the policy consistent with the coverage provided by the policy.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 5 and adding a new section designated sec. 4, following section 1, to read as follows:
“Sec. 4. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any provision of this Title to the contrary, a policy of group health insurance issued or delivered for issuance in this state pursuant to this chapter must provide coverage for the treatment of conditions relating to mental health and must not establish any rate, term or condition that places a greater financial burden on the insured person for access to treatment for conditions relating to mental health than for access to treatment for conditions relating to physical health. Any limits required under the policy of group health insurance for deductibles and out-of-pocket expenses must be comprehensive for coverage of both conditions relating to mental health and conditions relating to physical health.
2. A policy of group health insurance that does not otherwise provide for managed care, or that does not provide for the same degree of managed care for all health conditions, may provide coverage for the treatment of conditions relating to mental health through a managed care organization if the managed care organization is in compliance with regulations adopted by the commissioner which ensure that the system for delivery of the treatment for conditions relating to mental health does not diminish or negate the purpose of this section. The regulations adopted by the commissioner must ensure that:
(a) Timely and appropriate access to care is available;
(b) The distribution of providers of health care who provide services relating to mental health is adequate to serve the needs of persons in this state, considering the quality, location and area of specialization of such providers; and
(c) Administrative or clinical protocols do not reduce access to medically necessary treatment for the insured person.
3. A policy of group health insurance shall be deemed to be in compliance with this section if the policy provides to the insured person at least one option for treatment of conditions relating to mental health which has rates, terms and conditions that impose no greater financial burden on the insured person than that imposed for treatment of conditions relating to the physical health of the insured person. The commissioner may disapprove any policy of group health insurance if he determines that the policy is inconsistent with this section.
4. Benefits provided pursuant to this section by a policy of group health insurance for conditions relating to mental health must be paid in the same manner as benefits for any other illness covered by the policy.
5. Benefits for conditions relating to mental health are not required by this section if the treatment for the condition relating to mental health is not provided:
(a) By a person who is licensed or certified to provide treatment for conditions relating to mental health; or
(b) In a mental health facility or institution designated as a division facility pursuant to NRS 433.233, or in a medical or other facility licensed by the state board of health pursuant to chapter 449 of NRS that provides programs for the treatment of conditions relating to mental health, and pursuant to an individualized written plan developed for the insured person.
6. The provisions of this section must not be construed to:
(a) Limit the provision of specialized services covered by Medicaid for persons with conditions relating to mental health or substance abuse.
(b) Supersede any provision of federal law, any federal or state policy relating to Medicaid, or the terms and conditions imposed on any Medicaid waiver granted to this state with respect to the provision of services to persons with conditions relating to mental health or substance abuse.
(c) Affect any existing policy of group health insurance until its date of renewal or, if the policy of group health insurance is governed by a collective bargaining agreement or employment contract, until the expiration of that agreement or contract.
7. As used in this section:
(a) “Condition relating to mental health” means a condition or disorder involving mental illness that falls within any of the diagnostic categories listed in the section on mental disorders in the “International Classification of Diseases,” published by the United States Department of Health and Human Services.
(b) “Managed care” has the meaning ascribed to it in NRS 695G.040.
(c) “Managed care organization” has the meaning ascribed to it in NRS 695G.050.
(d) “Rate, term or condition” means any lifetime or annual limit on payments, any requirement concerning deductibles, copayments, coinsurance or other forms of cost sharing, any limit on out-of-pocket costs or on visits to a provider of treatment, and any other financial component of health insurance coverage that affects the insured person.”.
Amend the bill as a whole by renumbering sec. 3 as sec. 23 and adding new sections designated sections 6 through 22, following sec. 2, to read as follows:
“Sec. 6. NRS 689B.030 is hereby amended to read as follows:
689B.030 Each group health insurance policy must contain in substance the following provisions:
1. A provision that, in the absence of fraud, all statements made by applicants or the policyholders or by an insured person are representations and not warranties, and that no statement made for the purpose of effecting insurance voids the insurance or reduces its benefits unless the statement is contained in a written instrument signed by the policyholder or the insured person, a copy of which has been furnished to him or his beneficiary.
2. A provision that the insurer will furnish to the policyholder for delivery to each employee or member of the insured group a statement in summary form of the essential features of the insurance coverage of that employee or member and to whom benefits thereunder are payable. If dependents are included in the coverage, only one statement need be issued for each family.
3. A provision that to the group originally insured may be added from time to time eligible new employees or members or dependents, as the case may be, in accordance with the terms of the policy.
4. A provision for benefits for [expense] expenses arising from care at home or health supportive services if the care or service was prescribed by a physician and would have been covered by the policy if performed in a medical facility or facility for the dependent as defined in chapter 449 of NRS.
5. A provision for benefits [payable] for expenses incurred for the treatment of the abuse of alcohol or drugs, as provided in NRS 689B.036.
6. A provision for benefits for expenses arising from hospice care.
7. A provision for benefits for expenses incurred for the treatment of conditions relating to mental health, as provided in section 4 of this act.
Sec. 7. NRS 689B.340 is hereby amended to read as follows:
689B.340 As used in NRS 689B.340 to [689B.600,] 689B.590, inclusive, unless the context otherwise requires, the words and terms defined in NRS 689B.350 to 689B.460, inclusive, have the meanings ascribed to them in those sections.
Sec. 8. NRS 689B.410 is hereby amended to read as follows:
2. The term does not include:
(a) Coverage that is only for accident or disability income insurance, or any combination thereof;
(b) Coverage issued as a supplement to liability insurance;
(c) Liability insurance, including general liability insurance and automobile liability insurance;
(d) Workers’ compensation or similar insurance;
(e) Coverage for medical payments under a policy of automobile insurance;
(f) Credit insurance;
(g) Coverage for on-site medical clinics; and
(h) Other similar insurance coverage specified in federal regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, under which benefits for medical care are secondary or incidental to other insurance benefits.
3. If the benefits are provided under a separate policy, certificate or contract of insurance or are otherwise not an integral part of a health benefit plan, the term does not include the following benefits:
(a) Limited-scope dental or vision benefits;
(b) Benefits for long-term care, nursing home care, home health care or community-based care, or any combination thereof; and
(c) Such other similar benefits as are specified in any federal regulations adopted pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
4. For the purposes of NRS 689B.340 to [689B.600,] 689B.590, inclusive, if the benefits are provided under a separate policy, certificate or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and such benefits are paid for a claim without regard to whether benefits are provided for such a claim under any group health plan maintained by the same plan sponsor, the term does not include:
(a) Coverage that is only for a specified disease or illness; and
(b) Hospital indemnity or other fixed indemnity insurance.
5. For the purposes of NRS 689B.340 to [689B.600,] 689B.590, inclusive, if offered as a separate policy, certificate or contract of insurance, the term does not include:
(a) Medicare supplemental health insurance as defined in section 1882(g)(1) of the Social Security Act, 42 U.S.C. § 1395ss, as that section existed on July 16, 1997;
(b) Coverage supplemental to the coverage provided pursuant to [chapter 55 of Title 10, United States Code (] the Civilian Health and Medical Program of Uniformed Services [(CHAMPUS));] , CHAMPUS, 10 U.S.C. §§ 1071 et seq.; and
(c) Similar supplemental coverage provided under a group health plan.
Sec. 9. NRS 689B.470 is hereby amended to read as follows:
689B.470 For the purposes of NRS 689B.340 to [689B.600,] 689B.590, inclusive:
1. Any plan, fund or program which would not be, but for section 2721(e) of the Public Health Service Act, 42 U.S.C. § 300gg-21(e), as amended by Public Law 104-191, as that section existed on July 16, 1997, an employee welfare benefit plan and which is established or maintained by a partnership to the extent that the plan, fund or program provides medical care, including items and services paid for as medical care, to current or former partners in the partnership, or to their dependents, as defined under the terms of the plan, fund or program, directly or through insurance, reimbursement, or otherwise, must be treated, subject to the provisions of subsection 2, as an employee welfare benefit plan that is a group health plan.
2. In the case of a group health plan, a partnership shall be deemed to be the employer of each partner.
Sec. 10. NRS 689B.480 is hereby amended to read as follows:
2. In determining the period of creditable coverage of a person for the purposes of NRS 689B.500, a carrier shall include each applicable period of creditable coverage without regard to the specific benefits covered during that period, except that the carrier may elect to include applicable periods of creditable coverage based on coverage of specific benefits as specified in the regulations of the United States Department of Health and Human Services, if such an election is made on a uniform basis for all participants and beneficiaries of the health benefit plan or coverage. Pursuant to such an election, the carrier shall include each applicable period of creditable coverage with respect to any class or category of benefits if any level of benefits is covered within that class or category, as specified by those regulations.
3. Regardless of whether coverage is actually provided, if a carrier elects in accordance with subsection 2 to determine creditable coverage based on specified benefits, a statement that such an election has been made and a description of the effect of the election must be:
(a) Included prominently in any disclosure statement concerning the health benefit plan; and
(b) Provided to each person at the time of enrollment in the health benefit plan.
Sec. 11. NRS 689B.580 is hereby amended to read as follows:
(a) Must be made in such a form and in such a manner as the commissioner prescribes by regulation.
(b) Is effective for a single specified year of the plan or, if the plan is provided pursuant to a collective bargaining agreement, for the term of that agreement.
(c) May be extended by subsequent elections.
(d) Excludes the governmental plan from those provisions in this chapter that apply only to group health plans.
2. If a plan sponsor of a governmental plan makes an election pursuant to this section, the plan sponsor shall:
(a) Annually and at the time of enrollment, notify the enrollees in the plan of the election and the consequences of the election; and
(b) Provide certification and disclosure of creditable coverage under the plan with respect to those enrollees pursuant to NRS 689B.490.
3. As used in this section, “governmental plan” has the meaning ascribed to in section 3(32) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002(32), as that section existed on July 16, 1997.
Sec. 12. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any provision of this Title to the contrary, a health benefit plan issued or delivered for issuance in this state pursuant to this chapter must provide coverage for the treatment of conditions relating to mental health and must not establish any rate, term or condition that places a greater financial burden on the insured person for access to treatment for conditions relating to mental health than for access to treatment for conditions relating to physical health. Any limits required under the health benefit plan for deductibles and out-of-pocket expenses must be comprehensive for coverage of both conditions relating to mental health and conditions relating to physical health.
2. A health benefit plan that does not otherwise provide for managed care, or that does not provide for the same degree of managed care for all health conditions, may provide coverage for the treatment of conditions relating to mental health through a managed care organization if the managed care organization is in compliance with regulations adopted by the commissioner which ensure that the system for delivery of the treatment for conditions relating to mental health does not diminish or negate the purpose of this section. The regulations adopted by the commissioner must ensure that:
(a) Timely and appropriate access to care is available;
(b) The distribution of providers of health care who provide services relating to mental health is adequate to serve the needs of persons in this state, considering the quality, location and area of specialization of such providers; and
(c) Administrative or clinical protocols do not reduce access to medically necessary treatment for the insured person.
3. A health benefit plan shall be deemed to be in compliance with this section if the health benefit plan provides to the insured person at least one option for treatment of conditions relating to mental health which has rates, terms and conditions that impose no greater financial burden on the insured person than that imposed for treatment of conditions relating to the physical health of the insured person. The commissioner may disapprove any health benefit plan if he determines that the plan is inconsistent with this section.
4. Benefits provided pursuant to this section by a health benefit plan for conditions relating to mental health must be paid in the same manner as benefits for any other illness covered by the health benefit plan.
5. Benefits for conditions relating to mental health are not required by this section if the treatment for the condition relating to mental health is not provided:
(a) By a person who is licensed or certified to provide treatment for conditions relating to mental health; or
(b) In a mental health facility or institution designated as a division facility pursuant to NRS 433.233, or in a medical or other facility licensed by the state board of health pursuant to chapter 449 of NRS that provides programs for the treatment of conditions relating to mental health, and pursuant to an individualized written plan developed for the insured person.
6. The provisions of this section must not be construed to:
(a) Limit the provision of specialized services covered by Medicaid for persons with conditions relating to mental health or substance abuse.
(b) Supersede any provision of federal law, any federal or state policy relating to Medicaid, or the terms and conditions imposed on any Medicaid waiver granted to this state with respect to the provision of services to persons with conditions relating to mental health or substance abuse.
(c) Affect any existing health benefit plan until its date of renewal or, if the health benefit plan is governed by a collective bargaining agreement or employment contract, until the expiration of that agreement or contract.
7. As used in this section:
(a) “Condition relating to mental health” means a condition or disorder involving mental illness that falls within any of the diagnostic categories listed in the section on mental disorders in the “International Classification of Diseases,” published by the United States Department of Health and Human Services.
(b) “Managed care” has the meaning ascribed to it in NRS 695G.040.
(c) “Managed care organization” has the meaning ascribed to it in NRS 695G.050.
(d) “Rate, term or condition” means any lifetime or annual limit on payments, any requirement concerning deductibles, copayments, coinsurance or other forms of cost sharing, any limit on out-of-pocket costs or on visits to a provider of treatment, and any other financial component of health insurance coverage that affects the insured person.
Sec. 13. NRS 689C.155 is hereby amended to read as follows:
689C.155 The commissioner may adopt regulations to carry out the provisions of section 12 of this act and NRS 689C.107 to 689C.145, inclusive, 689C.156 to 689C.159, inclusive, 689C.165, 689C.183, 689C.187, 689C.191 to 689C.198, inclusive, 689C.203, 689C.207, 689C.265, 689C.283, 689C.287, 689C.325, 689C.342 to 689C.348, inclusive, 689C.355 and 689C.610 to 689C.980, inclusive, and to ensure that rating practices used by carriers serving small employers are consistent with those sections, including regulations that:
1. Ensure that differences in rates charged for health benefit plans by such carriers are reasonable and reflect only differences in the designs of the plans, the terms of the coverage, the amount contributed by the employers to the cost of coverage and differences based on the rating factors established by the carrier.
2. Prescribe the manner in which characteristics may be used by such carriers.
Sec. 14. NRS 689C.156 is hereby amended to read as follows:
689C.156 1. As a condition of transacting business in this state with small employers, a carrier shall actively market to a small employer each health benefit plan which is actively marketed in this state by the carrier to any small employer in this state. The health insurance plans marketed pursuant to this section by the carrier must include, without limitation, a basic health benefit plan and a standard health benefit plan. A carrier shall be deemed to be actively marketing a health benefit plan when it makes available any of its plans to a small employer that is not currently receiving coverage under a health benefit plan issued by that carrier.
2. A carrier shall issue to a small employer any health benefit plan marketed in accordance with this section if the eligible small employer applies for the plan and agrees to make the required premium payments and satisfy the other reasonable provisions of the health benefit plan that are not inconsistent with NRS 689C.015 to 689C.355, inclusive, and section 12 of this act, and NRS 689C.610 to 689C.980, inclusive, except that a carrier is not required to issue a health benefit plan to a self-employed person who is covered by, or is eligible for coverage under, a health benefit plan offered by another employer.
Sec. 15. NRS 695A.152 is hereby amended to read as follows:
2. For the purposes of subsection 1, unless the context requires that a provision apply only to a group health plan or a carrier that provides coverage under a group health plan, any reference in those sections to “group health plan” or “carrier” must be replaced by “fraternal benefit society.”
Sec. 16. NRS 695A.159 is hereby amended to read as follows:
(a) Adopts a dependent child; or
(b) Assumes and retains a legal obligation for the total or partial support of a dependent child in anticipation of adopting the child,
while the person is eligible for group coverage under a certificate for health benefits, the society issuing that certificate shall not restrict the coverage, in accordance with NRS 689B.340 to [689B.600,] 689B.590, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance, of the child solely because of a preexisting condition the child has at the time he would otherwise become eligible for coverage pursuant to that policy.
2. For the purposes of this section, “child” means a person who is under 18 years of age at the time of his adoption or the assumption of a legal obligation for his support in anticipation of his adoption.
Sec. 17. NRS 695B.180 is hereby amended to read as follows:
1. Unless the entire consideration therefor is expressed in the contract.
2. Unless the times at which the benefits or services to the subscriber take effect and terminate are stated in a portion of the contract above the evidence of its execution.
3. If the contract purports to entitle more than one person to benefits or services, except for family contracts issued under NRS 695B.190, group contracts issued under NRS 695B.200, and blanket contracts issued under NRS 695B.220.
4. Unless every printed portion and any endorsement or attached papers are plainly printed in type of which the face is not smaller than 10 points.
5. Except for group contracts and blanket contracts issued under NRS 695B.220, unless the exceptions of the contract are printed with greater prominence than the benefits to which they apply.
6. Except for group contracts and blanket contracts issued under NRS 695B.230, unless, if any portion of the contract purports, by reason of the circumstances under which an illness, injury or disablement is incurred to reduce any service to less than that provided for the same illness, injury or disablement incurred under ordinary circumstances, that portion is printed in boldface type and with greater prominence than any other text of the contract.
7. If the contract contains any provisions purporting to make any portion of the charter, constitution or bylaws of a nonprofit corporation a part of the contract unless that portion is set forth in full in the contract.
8. Unless the contract, if it is a group contract, contains a provision for benefits payable for expenses incurred for the treatment of [the] :
(a) The abuse of alcohol or drugs, as provided in NRS 695B.194[.] ; and
(b) Conditions relating to mental health, as provided in section 4 of this act.
9. Unless the contract provides benefits for expenses incurred for hospice care.
10. Unless the contract for service in a hospital contains in blackface type, not less than 10 points, the following provisions:
This contract does not restrict or interfere with the right of any person entitled to service and care in a hospital to select the contracting hospital or to make a free choice of his attending physician, who must be the holder of a valid and unrevoked physician’s license and a member of, or acceptable to, the attending staff and board of directors of the hospital in which the services are to be provided.
Sec. 18. NRS 695B.187 is hereby amended to read as follows:
1. A group contract for hospital, medical or dental services issued by a nonprofit hospital, medical or dental service corporation to replace any discontinued policy or coverage for group health insurance must:
(a) Provide coverage for all persons who were covered under the previous policy or coverage on the date it was discontinued; and
(b) Except as otherwise provided in subsection 2, provide benefits which are at least as extensive as the benefits provided by the previous policy or coverage, except that the benefits may be reduced or excluded to the extent that such a reduction or exclusion was permissible under the terms of the previous policy or coverage,
if that contract is issued within 60 days after the date on which the previous policy or coverage was discontinued.
2. If an employer obtains a replacement contract pursuant to subsection 1 to cover his employees, any benefits provided by the previous policy or coverage may be reduced if notice of the reduction is given to his employees pursuant to NRS 608.1577.
3. Any corporation which issues a replacement contract pursuant to subsection 1 may submit a written request to the insurer which provided the previous policy or coverage for a statement of benefits which were provided under that policy or coverage. Upon receiving such a request, the insurer shall give a written statement to the corporation which indicates what benefits were provided and what exclusions or reductions were in effect under the previous policy or coverage.
4. The provisions of this section apply to a self-insured employer who provides health benefits to his employees and replaces those benefits with a group contract for hospital, medical or dental services issued by a nonprofit hospital, medical or dental service corporation.
Sec. 19. NRS 695B.189 is hereby amended to read as follows:
Sec. 20. NRS 695B.192 is hereby amended to read as follows:
2. As used in this section, the term “complications of pregnancy” includes any condition which requires hospital confinement for medical treatment and:
(a) If the pregnancy is not terminated, is caused by an injury or sickness not directly related to the pregnancy or by acute nephritis, nephrosis, cardiac decompensation, missed abortion or similar medically diagnosed conditions; or
(b) If the pregnancy is terminated, results in nonelective cesarean section, ectopic pregnancy or spontaneous termination.
3. A contract subject to the provisions of this chapter which is issued or delivered on or after July 1, 1977, has the legal effect of including the coverage required by this section, and any provision of the contract which is in conflict with this section is void.
Sec. 21. NRS 695B.251 is hereby amended to read as follows:
2. The requirement in subsection 1 does not apply to contracts providing benefits only for specific diseases or accidental injuries.
3. If an employee or member was a recipient of benefits under the coverage provided pursuant to NRS 695B.1944, he is not entitled to have issued to him by a replacement insurer a subscriber contract of health coverage unless he has reported for his normal employment for a period of 90 consecutive days after last being eligible to receive any benefits under the coverage provided pursuant to NRS 695B.1944.
Sec. 22. NRS 695B.318 is hereby amended to read as follows:
2. For the purposes of subsection 1, unless the context requires that a provision apply only to a group health plan or a carrier that provides coverage under a group health plan, any reference in those sections to:
(a) “Carrier” must be replaced by “corporation.”
(b) “Group health plan” must be replaced by “group contract for hospital, medical or dental services.” ”.
Amend the bill as a whole by renumbering sections 4 and 5 as sections 30 and 31 and adding new sections designated sections 24 through 29, following sec. 3, to read as follows:
“Sec. 24. NRS 695C.057 is hereby amended to read as follows:
2. For the purposes of subsection 1, unless the context requires that a provision apply only to a group health plan or a carrier that provides coverage under a group health plan, any reference in those sections to “group health plan” or “carrier” must be replaced by “health maintenance organization.”
Sec. 25. NRS 695C.170 is hereby amended to read as follows:
2. Evidence of coverage or amendment thereto must not be issued or delivered to any person in this state until a copy of the form of the evidence of coverage or amendment thereto has been filed with and approved by the commissioner.
3. An evidence of coverage:
(a) Must not contain any provisions or statements which are unjust, unfair, inequitable, misleading, deceptive, which encourage misrepresentation or which are untrue, misleading or deceptive as defined in subsection 1 of NRS 695C.300; and
(b) Must contain a clear and complete statement, if a contract, or a reasonably complete summary if a certificate, of:
(1) The health care services and the insurance or other benefits, if any, to which the enrollee is entitled under the health care plan;
(2) Any limitations on the services, kind of services, benefits, or kind of benefits, to be provided, including any deductible or copayment feature;
(3) Where and in what manner the services may be obtained;
(4) The total amount of payment for health care services and the indemnity or service benefits, if any, which the enrollee is obligated to pay; and
(5) A provision for benefits payable for expenses incurred for the treatment of [the] :
(I) The abuse of alcohol or drugs, as provided in NRS 695C.174[.] ; and
(II) Conditions relating to mental health, as provided in section 4 of this act.
Any subsequent change may be evidenced in a separate document issued to the enrollee.
4. A copy of the form of the evidence of coverage to be used in this state and any amendment thereto is subject to the requirements for filing and approval of subsection 2 unless it is subject to the jurisdiction of the commissioner under the laws governing health insurance, in which event the provisions for filing and approval of those laws apply. To the extent that such provisions do not apply to the requirements in subsection 3, such provisions are amended to incorporate the requirements of subsection 3 in approving or disapproving an evidence of coverage required by subsection 2.
Sec. 26. NRS 695C.1705 is hereby amended to read as follows:
1. A group health care plan issued by a health maintenance organization to replace any discontinued policy or coverage for group health insurance must:
(a) Provide coverage for all persons who were covered under the previous policy or coverage on the date it was discontinued; and
(b) Except as otherwise provided in subsection 2, provide benefits which are at least as extensive as the benefits provided by the previous policy or coverage, except that benefits may be reduced or excluded to the extent that such a reduction or exclusion was permissible under the terms of the previous policy or coverage,
if that plan is issued within 60 days after the date on which the previous policy or coverage was discontinued.
2. If an employer obtains a replacement plan pursuant to subsection 1 to cover his employees, any benefits provided by the previous policy or coverage may be reduced if notice of the reduction is given to his employees pursuant to NRS 608.1577.
3. Any health maintenance organization which issues a replacement plan pursuant to subsection 1 may submit a written request to the insurer which provided the previous policy or coverage for a statement of benefits which were provided under that policy or coverage. Upon receiving such a request, the insurer shall give a written statement to the organization indicating what benefits were provided and what exclusions or reductions were in effect under the previous policy or coverage.
4. If an employee or enrollee was a recipient of benefits under the coverage provided pursuant to NRS 695C.1709, he is not entitled to have issued to him by a health maintenance organization a replacement plan unless he has reported for his normal employment for a period of 90 consecutive days after last being eligible to receive any benefits under the coverage provided pursuant to NRS 695C.1709.
5. The provisions of this section apply to a self-insured employer who provides health benefits to his employees and replaces those benefits with a group health care plan issued by a health maintenance organization.
Sec. 27. NRS 695C.1707 is hereby amended to read as follows:
Sec. 28. NRS 695C.172 is hereby amended to read as follows:
2. As used in this section, the term “complications of pregnancy” includes any condition which requires hospital confinement for medical treatment and:
(a) If the pregnancy is not terminated, is caused by an injury or sickness not directly related to the pregnancy or by acute nephritis, nephrosis, cardiac decompensation, missed abortion or similar medically diagnosed conditions; or
(b) If the pregnancy is terminated, results in nonelective cesarean section, ectopic pregnancy or spontaneous termination.
3. Evidence of coverage under a health care plan subject to the provisions of this chapter which is issued on or after July 1, 1977, has the legal effect of including the coverage required by this section, and any provision which is in conflict with this section is void.
Sec. 29. NRS 695F.090 is hereby amended to read as follows:
1. NRS 687B.310 to 687B.420, inclusive, concerning cancellation and nonrenewal of policies.
2. NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.
3. The requirements of NRS 679B.152.
4. The fees imposed pursuant to NRS 449.465.
5. NRS 686A.010 to 686A.310, inclusive, concerning trade practices and frauds.
6. The assessment imposed pursuant to subsection 3 of NRS 679B.158.
7. Chapter 683A of NRS.
8. To the extent applicable, the provisions of NRS 689B.340 to [689B.600,] 689B.590, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance.
9. NRS 689A.413.
10. NRS 680B.025 to 680B.039, inclusive, concerning premium tax, premium tax rate, annual report and estimated quarterly tax payments. For the purposes of this subsection, unless the context otherwise requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “prepaid limited health service organization.”
11. Chapter 692C of NRS, concerning holding companies.”.
Amend the bill as a whole by adding new sections designated sections 32 through 35 and the text of the repealed section, following sec. 5, to read as follows:
“Sec. 32. NRS 287.010 is hereby amended to read as follows:
(a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
(b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state. Any contract with an independent administrator must be approved by the commissioner of insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 689B.030 to 689B.050, inclusive,apply to coverage provided pursuant to this paragraph[.] , except that the provisions of section 4 of this act do not apply to such coverage.
(d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.
2. If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.
Sec. 33. NRS 287.045 is hereby amended to read as follows:
2. Professional employees of the University and Community College System of Nevada who have annual employment contracts are eligible to participate in the program on:
(a) The effective dates of their respective employment contracts, if those dates are on the first day of a month; or
(b) The first day of the month following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.
3. Every officer or employee who is employed by a participating public agency on a permanent and full-time basis on the date the agency enters into an agreement to participate in the state’s group insurance program, and every officer or employee who commences his employment after that date is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.
4. Every senator and assemblyman is eligible to participate in the program on the first day of the month following the 90th day after his initial term of office begins.
5. An officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada who retires under the conditions set forth in NRS 286.510 or 286.620 and was not participating in the state’s group insurance program at the time of his retirement is eligible to participate in the program 30 days after notice of the selection to participate is given pursuant to NRS 287.023 or 287.0235. The committee on benefits shall make a separate accounting for these retired persons. For the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the expected claims experience with these retired persons. The claims experience of these retired persons must not be commingled with the retired persons who were members of the state’s program before their retirement, nor with active employees of the state. After the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the past claims experience of these retired persons since enrolling.
6. Notwithstanding the provisions of subsections 1, 3 and 4, if the committee on benefits does not, pursuant to NRS 689B.580, elect to exclude the program from compliance with NRS 689B.340 to [689B.600,] 689B.590, inclusive, and if the coverage under the program is provided by a health maintenance organization authorized to transact insurance in this state pursuant to chapter 695C of NRS, any affiliation period imposed by the program may not exceed the statutory limit for an affiliation period set forth in NRS 689B.500.
Sec. 34. NRS 689B.600 is hereby repealed.
Sec. 35. 1. This section and sections 1, 2, 4, 6 to 22, inclusive, 24 to 29, inclusive, 32, 33 and 34 of this act become effective on July 1, 1999.
2. Sections 3, 5, 23, 30 and 31 of this act become effective on October 1, 1999.
TEXT OF REPEALED SECTION
1. Except as otherwise provided in this section, if group health insurance for groups of 51 persons or more which is issued or delivered for issuance in this state and which offers both medical and surgical benefits and mental health benefits:
(a) Does not include an aggregate lifetime limit on substantially all medical and surgical benefits, the group health insurance may not impose an aggregate lifetime limit on the mental health benefits.
(b) Includes an aggregate lifetime limit on substantially all medical and surgical benefits, the aggregate lifetime limit on the mental health benefits offered by the group health insurance must not be less than the aggregate lifetime limit set for the medical and surgical benefits.
(c) Includes no aggregate lifetime limits, or different aggregate lifetime limits, on different categories of medical and surgical benefits, the applicable aggregate lifetime limit that must be applied in accordance with paragraph (b) to the mental health benefits of the group health insurance must be computed by taking into account the weighted average of the aggregate lifetime limits applicable to such categories of medical and surgical benefits offered by the group health insurance. The computation of the aggregate lifetime limit must be consistent with the rules adopted by the Secretary of the United States Department of Labor pursuant to 29 U.S.C. § 1185a.
2. Except as otherwise provided in this section, if group health insurance for groups of 51 persons or more which is issued or delivered for issuance in this state and which offers both medical and surgical benefits and mental health benefits:
(a) Does not include an annual limit on substantially all medical and surgical benefits, the group health insurance may not impose an annual limit on the mental health benefits.
(b) Includes an annual limit on substantially all medical and surgical benefits, the annual limit on the mental health benefits offered by the group health insurance must not be less than the annual limit set for the medical and surgical benefits.
(c) Includes no annual limit, or different annual limits, on different categories of medical and surgical benefits, the applicable annual limit that must be applied in accordance with paragraph (b) to the mental health benefits of the group health insurance must be computed by taking into account the weighted average of the annual limits applicable to such categories of medical and surgical benefits offered by the group health insurance. The computation of the annual limit must be consistent with the rules adopted by the Secretary of the United States Department of Labor pursuant to 29 U.S.C. § 1185a.
3. Nothing in this section:
(a) Requires group health insurance to provide mental health benefits.
(b) Except as specifically provided in subsection 1, affects the terms or conditions of group health insurance that provides mental health benefits, relating to the amount, duration or scope of those benefits, including, but not limited to, cost sharing, limits on numbers of visits or days of coverage and requirements relating to medical necessity.
4. Group health insurance is not required to comply with the provisions of this section if the application of this section would result in an increase in the cost under the group health insurance of 1 percent or more.
5. If the group health insurance offers a participant or beneficiary more than one benefit package option, the provisions of this section must be applied separately to each such option offered.
6. As used in this section:
(a) “Aggregate lifetime limit” means a limitation on the total amount of benefits that may be paid with respect to those benefits under group health insurance with respect to a policyholder or other coverage unit.
(b) “Annual limit” means a limitation on the total amount of benefits that may be paid with respect to those benefits in a 12-month period under group health insurance with respect to an individual or other coverage unit.
(c) “Medical and surgical benefits” means benefits, as defined under the group health insurance, provided by such insurance for medical or surgical services. The term does not include benefits for services relating to mental health.
(d) “Mental health benefits” means benefits, as defined under the group health insurance, provided by such insurance for services relating to mental health. The term does not include benefits provided for the treatment of substance abuse or chemical dependency.”.
Amend the title of the bill, first line, after “insurance;” by inserting: “providing for the revision of the provisions governing parity for insurance benefits for the treatment of conditions relating to mental health; exempting certain group health coverage provided by public agencies from certain provisions governing required benefits;”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Townsend, Washington and Neal.
Conflict of interest declared by Senators James, Raggio and Coffin.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 470.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1104.
Amend sec. 8, page 4, line 5, after “inclusive,” by inserting: “or chapter 617”.
Amend the bill as a whole by adding a new section designated sec. 8.5, following sec. 8, to read as follows:
“Sec. 8.5. NRS 616C.230 is hereby amended to read as follows:
616C.230 1. Compensation is not payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617of NRS for an injury:
(a) Caused by the employee’s willful intention to injure himself.
(b) Caused by the employee’s willful intention to injure another.
(c) Proximately caused by the employee’s intoxication. If the employee was intoxicated at the time of his injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary.
(d) Proximately caused by the employee’s use of a controlled substance. If the employee had any amount of a controlled substance in his system at the time of his injury for which the employee did not have a current and lawful prescription issued in his name, the controlled substance must be presumed to be a proximate cause unless rebutted by evidence to the contrary.
2. For the purposes of paragraphs (c) and (d) of subsection 1:
(a) The affidavit or declaration of an expert or other person described in NRS 50.315 is admissible to prove the existence of any alcohol or the existence, quantity or identity of a controlled substance in an employee’s system. If the affidavit or declaration is to be so used, it must be submitted in the manner prescribed in NRS 616C.355.
(b) When an examination requested or ordered includes testing for the use of alcohol or a controlled substance , [:
(1) If]the laboratory that conducts the testing [is located in a county whose population is 100,000 or more and the testing is of urine, the laboratory] must be [certified for forensic testing of urine for drugs by the College of American Pathologists or a successor organization or by the federal Department of Health and Human Services; and
(2) Any such testing of breath for alcohol must be performed pursuant to the regulations of the federal Department of Transportation.] licensed pursuant to the provisions of chapter 652 of NRS.
3. No compensation is payable for the death, disability or treatment of an employee if his death is caused by, or insofar as his disability is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.
4. If any employee persists in an unsanitary or injurious practice that imperils or retards his recovery, or refuses to submit to such medical or surgical treatment as is necessary to promote his recovery, his compensation may be reduced or suspended.
5. An injured employee’s compensation, other than accident benefits, must be suspended if:
(a) A physician or chiropractor determines that the employee is unable to undergo treatment, testing or examination for the industrial injury solely because of a condition or injury that did not arise out of and in the course of his employment; and
(b) It is within the ability of the employee to correct the nonindustrial condition or injury.
The compensation must be suspended until the injured employee is able to resume treatment, testing or examination for the industrial injury. The insurer may elect to pay for the treatment of the nonindustrial condition or injury.”.
Amend sec. 10, page 6, by deleting lines 4 and 5 and inserting: “refer the employee to a physician or chiropractor [chosen by the hearing officer.] of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent”.
Amend sec. 12, page 8, by deleting lines 6 and 7 and inserting: “refer the employee to a physician or chiropractor [chosen by the appeals officer.] of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent”.
Amend the bill as a whole by adding new sections designated sections 13 through 26, following sec. 12, to read as follows:
“Sec. 13. Chapter 686B of NRS is hereby amended by adding thereto a new section to read as follows:
“Prospective loss cost” means the portion of a rate that is based on historical aggregate losses and loss adjustment expenses which are adjusted to their ultimate value and projected to a future point in time. Except as otherwise provided in this section, the term does not include provisions for expenses or profit.
Sec. 14. NRS 686B.1751 is hereby amended to read as follows:
Sec. 15. NRS 686B.1765 is hereby amended to read as follows:
686B.1765 The advisory organization may:
1. Develop statistical plans including definitions for the classification of risks.
2. Collect statistical data from its members and subscribers or any other reliable source.
3. Prepare and distribute data on [the basic premium rate or rates, adjusted for expected changes in reported losses and for trends in losses, according to its statistical plan.] prospective loss costs.
4. Prepare and distribute manuals of rules and schedules for rating which do not permit calculating the final rates without using information other than the information in the manual.
5. Distribute any information filed with the commissioner which is open to public inspection.
6. Conduct research and collect statistics to discover, identify and classify information on the causes and prevention of losses.
7. Prepare and file forms and endorsements for policies and consult with its members, subscribers and any other knowledgeable persons on their use.
8. Collect, compile and distribute information on the past and current premiums charged by individual insurers if the information is available for public inspection.
9. Conduct research and collect information to determine what effect changes in benefits to injured employees pursuant to chapters 616A to 617, inclusive, of NRS will have on [the basic premium rate or rates.] prospective loss costs.
10. Prepare and distribute rules and rating values for the uniform plan for rating experience.
11. Calculate and provide to the insurer the modification of premiums based on the individual employer’s losses.
12. Assist an individual insurer to develop rates, supplementary rate information or other supporting information if authorized to do so by the insurer.
Sec. 16. NRS 686B.177 is hereby amended to read as follows:
2. The commissioner shall report any changes in rates or in the uniform plan for rating experience, the uniform statistical plan or the uniform system of classification, when approved, to the director of the legislative counsel bureau.
3. The rates filed by the advisory organization and approved by the commissioner apply to every insurer. In no case may an insurer’s rate be less than the approved rate by more than the following percentages:
(a) For the period beginning on July 1, 1999, and ending on June 30, 2000, no variance.
(b) For the period beginning on July 1, 2000, and ending on June 30, 2001, no more than a [5] 15 percent variance.
[(c) For the period beginning on July 1, 2001, and ending on June 30, 2002, no more than a 10 percent variance.
(d) For the period beginning on July 1, 2002, and ending on June 30, 2003, no more than a 15 percent variance.]
Sec. 17. NRS 686B.177 is hereby amended to read as follows:
2. The commissioner shall report any changes in rates or in the uniform plan for rating experience, the uniform statistical plan or the uniform system of classification, when approved, to the director of the legislative counsel bureau.
Sec. 18. NRS 686B.1775 is hereby amended to read as follows:
(a) Final rates; or
(b) A multiplier and, if used by an insurer, a premium charged to each policy of industrial insurance regardless of the size of the policy which, when applied to the prospective loss costs filed by the advisory organization pursuant to NRS 686B.177, will result in final rates.
2. Each insurer shall file the rates, supplementary rate information and supporting data pursuant to subsection 1:
(a) Except as otherwise provided in subsection 4, if the interaction among insurers and employers is presumed or found to be competitive, not later than 15 days [after] before the date the rates become effective. [An insurer may adopt by reference, with or without a deviation, the rates or supplementary rate information filed by any other insurer.
2.] (b) If the commissioner has issued a finding that the interaction is not competitive, [each insurer shall file with the commissioner all the rates and supplementary rate information, except for the information filed by the advisory organization, at least] not later than 60 days before the rates become effective.
3. If the information supplied by an insurer pursuant to [this] subsection 1 is insufficient, the commissioner shall notify the insurer and [the information shall be deemed to be filed when] require the insurer to provide additional information. The filing must not be deemed complete or available for use by the insurer and review by the commissioner must not commence until all the information requested by the commissioner is received by him.
[3.] If the requested information is not received by the commissioner within 60 days after its request, the filing may be disapproved without further review.
4. If, after notice to the insurer and a hearing, the commissioner finds that an insurer’s rates require supervision because of the insurer’s financial condition or because of rating practices which are unfairly discriminatory, the commissioner shall order the insurer to file its rates, supplementary rate information, supporting data and any other information required by the commissioner, at least 60 days before they become effective.
[4.] 5. For any filing made by an insurer pursuant to this section, the commissioner may authorize an earlier effective date for the rates upon a written request from the insurer.
[5. Every]
6. Except as otherwise provided in subsection 1, every rate filed by an insurer must be filed in the form and manner prescribed by the commissioner.
7. As used in this section, “supporting data” means:
(a) The experience and judgment of the insurer and of other insurers or of the advisory organization, if relied upon by the insurer;
(b) The interpretation of any statistical data relied upon by the insurer;
(c) A description of the actuarial and statistical methods employed in setting the rates; and
(d) Any other relevant matters required by the commissioner.
Sec. 19. NRS 686B.1777 is hereby amended to read as follows:
686B.1777 1. If the commissioner finds that:
(a) The interaction among insurers is not competitive;
(b) The rates filed by insurers whose interaction is competitive are inadequate or unfairly discriminatory; or
(c) The rates violate the provisions of this chapter,
the commissioner may require the insurers to file information supporting their existing rates. Before the commissioner may disapprove those rates, he shall notify the insurers and hold a hearing on the rates and the supplementary rate information.
2. The commissioner may disapprove any rate [which must be filed before it becomes effective] without a hearing. Any insurer whose rates are disapproved in this manner may request in writing and within 30 days after the disapproval that the commissioner conduct a hearing on the matter.
Sec. 20. NRS 686B.1779 is hereby amended to read as follows:
686B.1779 1. The commissioner may disapprove a rate filed by an insurer[:
(a) At any time after the rate becomes effective; or
(b) At] at any time. [before the rate becomes effective.]
2. The commissioner shall disapprove a rate if:
(a) An insurer has failed to meet the requirements for filing a rate pursuant to this chapter or the regulations of the commissioner; or
(b) The rate is inadequate, excessive or unfairly discriminatory.
Sec. 21. NRS 686B.1779 is hereby amended to read as follows:
686B.1779 1. The commissioner may disapprove a rate filed by an insurer[:
(a) At any time after the rate becomes effective; or
(b) At] at any time. [before the rate becomes effective if the insurer is required to file its rates before they become effective.]
2. The commissioner shall disapprove a rate if:
(a) An insurer has failed to meet the requirements for filing a rate pursuant to this chapter or the regulations of the commissioner;
(b) The rate is inadequate or unfairly discriminatory and the interaction among insurers and employers is competitive; or
(c) A rate is inadequate, excessive or unfairly discriminatory and the commissioner has found and issued an order that the interaction among the insurers and employers is not competitive.
Sec. 22. NRS 686B.1784 is hereby amended to read as follows:
2. The reasonable cost of an examination must be paid by the insurer or other person examined upon presentation by the commissioner of an accounting of those costs pursuant to NRS 679B.290.
3. In lieu of an examination, the commissioner may accept the report of an examination made by the agency of another state that regulates insurance.
Sec. 23. NRS 686B.1793 is hereby amended to read as follows:
2. The commissioner may suspend or revoke the license of any advisory organization or insurer who fails to comply with an order within the time specified by the commissioner or any extension of that time made by the commissioner. Any suspension of a license is effective for the time stated by the commissioner in his order or until the order is modified, rescinded or reversed.
3. The commissioner, by written order, may impose a penalty or suspend a license pursuant to this section only after written notice to the insurer, organization or plan for apportioned risks and a hearing.
Sec. 24. Section 197 of chapter 580, Statutes of Nevada 1995, as amended by chapter 410, Statutes of Nevada 1997, at page 1456, is hereby amended to read as follows:
2. Section 68 of this act becomes effective at 12:01 a.m. on July 1, 1995.
3. Section 161 of this act becomes effective on July 1, [2003.] 2001.
4. The remaining sections of this act become effective:
(a) Upon passage and approval for the purposes of:
(1) The adoption of regulations by the commissioner of insurance and the administrator of the division of industrial relations of the department of business and industry.
(2) The qualification of private carriers to sell industrial insurance.
(3) The designation of a licensed advisory organization by the commissioner and the initial filing of classifications of risk, the uniform plan for rating experience and the uniform statistical plan, by that organization.
(4) The inspection of the records of the system, the Nevada industrial commission and the administrator with respect to the self-insured employers, by the commissioner and the advisory organization.
(5) The filing, by private carriers and the system, of rates to be used by them.
(b) For all other purposes on July 1, 1999.
5. Section 145 of this act expires by limitation on July 1, 2001.
Sec. 25. Section 81 of chapter 410, Statutes of Nevada 1997, as amended by section 36 of Senate Bill No. 453 of this session, is hereby amended to read as follows:
Sec. 81. 1. This section and sections 3 to 10, inclusive, 12, 13, 15, 15.5, 16, 17, 20, 21, 22, 27, 28, 35, 40.5, 41, 42, 61, 62, 62.5, 63, 65, 67, 70, 72, 74, 76, 78, 79 and 80 of this act become effective on July 1, 1997.
2. Section 14 of this act becomes effective at 12:01 a.m. on July 1, 1997.
3. Sections 1, 11, 26, 36, 37, 38, 39, 43, 45, 46, 49, 51, 52, 53, 54, 58 and 59 of this act become effective on January 1, 1998.
4. Section 50 of this act becomes effective at 12:01 a.m. on January 1, 1998.
5. Sections 18, 23, 40, 48, 57, 60, 77 and 77.5 of this act become effective on July 1, 1999.
6. Sections 64, 66, 68, 71, 73 and 75 of this act become effective on July 1, [2003.] 2001.
Sec. 26. 1. This section and sections 14, 16, 20, 22, 23, 24 and 25 of this act become effective at 12:01 a.m. on July 1, 1999.
2. Sections 1 to 7, inclusive, and 9 to 12, inclusive, of this act become effective on October 1, 1999.
3. Sections 8 and 8.5 of this act become effective at 12:01 a.m. on October 1, 1999.
4. Section 13, 15, 17, 18, 19 and 21 of this act become effective at 12:01 a.m. on July 1, 2001.”.
Amend the title of the bill to read as follows:
Amend the summary of the bill, second line, by deleting the period and inserting: “and filing of rates for industrial insurance.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Townsend and Care.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 533.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 824.
Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 450 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.”.
Amend section 1, page 1, by deleting lines 1 through 3 and inserting:
“Sec. 2. 1. A board of county commissioners may create a hospital district in”.
Amend section 1, page 1, by deleting line 12 and inserting:
“(e) May borrow money and incur or assume indebtedness pursuant to NRS 450.665.”.
Amend the bill as a whole by renumbering sections 2 and 3 as sections 7 and 8 and adding new sections designated sections 3 through 6, following section 1, to read as follows:
“Sec. 3. The board of trustees may contract with a public agency or a privately owned hospital to provide the services of a hospital to the residents of the hospital district if it determines that:
1. There is a need to provide medical services to the residents of the district which are not being provided by the district; or
2. It is less costly or more efficient to provide the services of a hospital to the residents of the district by contracting with a public agency or a privately owned hospital.
Sec. 4. 1. The board of trustees may contract with a company which manages hospitals for the rendering of management services in a district hospital.
2. The agreement may provide:
(a) That the chief executive officer of the hospital must be an employee of the company which manages the hospital; and
(b) That the hospital may, in accordance with the requirements of section 6 of this act, purchase supplies, materials and equipment through the purchasing contracts of the company which manages the hospital, or through a purchasing group, without complying with the requirements for competitive bidding set forth in chapter 332 of NRS.
Sec. 5. 1. A district hospital may, with the approval of the board of trustees, become a member of a purchasing group for the purpose of purchasing supplies, materials and equipment used by the district hospital.
2. A district hospital that becomes a member of a purchasing group may, in accordance with the requirements of section 6 of this act, purchase supplies, materials and equipment through the purchasing group without complying with the requirements for competitive bidding set forth in chapter 332 of NRS.
Sec. 6. A district hospital that is authorized pursuant to section 4 or 5 of this act to purchase supplies, materials and equipment in accordance with this section through the purchasing contracts of the company that manages the hospital or through a purchasing group may purchase the supplies, materials and equipment without complying with the requirements for competitive bidding set forth in chapter 332 of NRS if:
1. The documents pertaining to the proposed purchase, including, without limitation, the prices available to the company or purchasing group, are summarized in writing and, together with a sworn statement by an officer or agent of the company or purchasing group that the prices were obtained by the company or purchasing group through a process of competitive bidding, are presented to the board of trustees at its next regularly scheduled meeting; and
2. The board of trustees, after reviewing the summary and statement, finds that the proposed purchase will be made at a lower price than the lowest price reasonably obtainable by the hospital through competitive bidding pursuant to chapter 332 of NRS or available to the hospital pursuant to NRS 333.470 and approves the proposed purchase.”.
Amend sec. 2, page 2, line 8, by deleting “section 1” and inserting: “sections 2 to 6, inclusive,”.
Amend sec. 3, page 2, line 40, by deleting “1” and inserting “2”.
Amend the title of the bill, third line, after “circumstances;” by inserting: “authorizing district hospitals to join purchasing groups to purchase supplies, materials and equipment used by the hospital; authorizing district hospitals under certain circumstances to purchase supplies, material and equipment without complying with the Local Government Purchasing Act;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes to provisions governing county hospital districts. (BDR 40‑1549)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Rawson and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 193.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1120.
Amend section 1, page 1, line 2, by deleting: “2 to 5, inclusive,” and inserting: “2, 3 and 4”.
Amend sec. 2, page 1, line 3, by deleting: “2 to 5, inclusive,” and inserting: “2, 3 and 4”.
Amend sec. 3, page 2, by deleting line 9 and inserting:
“2. A nonprofit organization.”.
Amend sec. 3, page 2, between lines 24 and 25, by inserting:
“7. A candidate for public office, committee advocating the passage or defeat of a ballot question, political party, committee sponsored by a political party or a committee for political action.”
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 and 6 as sections 4 and 5.
Amend sec. 5, page 3, lines 12 and 13, by deleting: “and sections 2, 3 and 4 of this act”.
Amend sec. 5, page 3, lines 15 and 16, by deleting: “597.930 and sections 2, 3 and 4 of this act,” and inserting “597.930,”.
Amend sec. 6, page 3, line 39, by deleting “6” and inserting “9”.
Amend the bill as a whole by adding new section designated sec. 6, following sec. 6, to read as follows:
“Sec. 6. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 8 of this act.”.
Amend sec. 7, page 4, by deleting lines 5 through 7 and inserting:
“Sec. 7. A person engages in a “deceptive trade practice” when, in the course”.
Amend the bill as a whole by renumbering sections 8 through 10 as sections 9 through 11 and adding a new section designated sec. 8, following sec. 7, to read as follows:
Sec. 8. 1. In a county whose population is 400,000 or more, a person who:
(a) Is a licensee, owner or employee of a business entity that is licensed to operate an adult cabaret, erotic dance establishment or adult night club; and
(b) While performing duties associated with the business entity, pays or offers to pay remuneration of any kind, including, without limitation, cash or services, to the owner or driver of a taxicab, limousine or bus containing 21 or fewer passengers, or to an agent of the owner or driver, for taking or attempting to take a passenger to a location other than the destination requested by the passenger,
commits a deceptive trade practice for purposes of NRS 598.0903 to 598.0999, inclusive.
2. In any action brought pursuant to NRS 598.0903 to 598.0999, inclusive, if the court finds the licensee or owner of a business entity engaged in a deceptive trade practice described in subsection 1, or his employee engaged in a deceptive trade practice described in subsection 1, the licensee or owner is subject only to a civil penalty of:
(a) For the first violation, not less than $500 and not more than $1,000;
(b) For the second violation, not less than $1,000 and not more than $5,000; and
(c) For the third and subsequent violations, not less than $5,000 and not more than $10,000.
3. If the violation of subsection 1 is the third or greater violation and if:
(a) The violation was committed by the licensee or owner of the business entity; or
(b) The violation was committed by an employee of the licensee or owner, and the director determines that the licensee or owner knew or should have known that the employee engaged in the act constituting the violation,
the director shall order, in writing, all applicable licensing authorities to suspend the license of the business entity for a period of not more than 6 months.
4. Upon receiving an order from the director pursuant to subsection 3, a licensing authority shall suspend the license of the licensee for the period specified in the order.
5. As used in this section:
(a) “License” means a business license to operate an adult cabaret, erotic dance establishment or adult night club.
(b) “Licensee” means the person to whom a license is issued.
(c) “Licensing authority” means a local government that licenses adult cabarets, erotic dance establishments or adult night clubs.”.
Amend sec. 9, page 4, line 33 and 34, by deleting: “598.0979 to 598.099, inclusive,” and inserting: “[598.0979 to 598.099, inclusive,] 598.0903 to 598.0999, inclusive, and section 7 of this act,”.
Amend sec. 9, page 4, line 40, by deleting “practice:” and inserting: “[practice:] practice, other than a deceptive trade practice described in section 8 of this act:”.
Amend sec. 9, page 5, line 9, after “598.966, inclusive,” by inserting: “and section 8 of this act,”.
Amend the title of the bill, fifth line, after “circumstances;” by inserting: “providing that payment of remuneration to certain drivers of taxicabs, limousines and buses under certain circumstances constitutes a deceptive trade practice;”.
Amend the summary of the bill, second line, by deleting the period and inserting: “and establishing certain actions as deceptive trade practices.”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senators Amodei, Wiener, Carlton, Care and Titus.
Conflict of interest declared by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 39.
The following Assembly amendment was read:
Amendment No. 1017.
Amend sec. 60, page 33, line 4, by deleting “Once” and inserting: “Except as otherwise provided in section 1 of Assembly Bill No. 275 of this [act,] session, once”.
Amend sec. 61, page 33, line 16, after “Association,” by inserting: “the Government National Mortgage Association,”.
Amend sec. 61, page 33, line 28, by deleting “and above”.
Amend sec. 61, page 34, line 42, by deleting “3” and inserting “5”.
Amend sec. 61, page 35, line 13, by deleting “and”.
Amend sec. 61, page 35, line 15, by deleting “equivalent.” and inserting: “equivalent; and
(s) Asset-backed securities that are rated by a nationally recognized rating service as “AAA” or its equivalent.”.
Amend sec. 61, page 35, line 39, after “enter” by inserting “into”.
Amend the bill as a whole by deleting sections 69 and 70 and inserting:
“Secs. 69 and 70. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sections 72 through 75 and inserting:
“Secs. 72-75. (Deleted by amendment.)”.
Amend sec. 76, page 45, line 17, by deleting “Whenever any” and inserting “If a”.
Amend sec. 77, page 45, by deleting lines 24 through 27 and inserting:
“356.200 1. With unanimous consent of his bondsmen, a county officer, other than a county treasurer, may deposit county money received by the office of the county officer in an insured bank, insured credit union or insured savings and loan association located in the State of Nevada.”.
Amend sec. 77, page 45, line 28, by deleting “Whenever” and inserting “If”.
Amend sec. 77, page 45, line 30, by deleting “such an” and inserting “the”.
Amend sec. 77, page 45, by deleting lines 33 through 35 and inserting:
“4. The balance in each such account, as certified by the proper officer of the bank, credit union or savings and loan association in which the money is deposited, and by oath of the county treasurer, may be accounted for by the county as cash.”.
Amend sec. 77, page 45, line 36, by deleting: “bank, credit union” and inserting: “bank, credit union”.
Amend sec. 77, page 46, line 3, by deleting: “bank, credit union” and inserting: “bank, credit union”.
Amend sec. 77, page 46, line 7, by deleting “[1st] first” and inserting “first”.
Amend sec. 88, page 50, by deleting sec. 88 and inserting:
“Sec. 88 (Deleted by amendment.)”.
Amend sec. 90, page 51, by deleting line 17 and inserting:
“408.383 1. Except as otherwise provided in subsections 2 and 11, the director”.
Amend sec. 90, page 52, between lines 37 and 38, by inserting:
“9. A contractor shall disburse money paid to him pursuant to this section, including any interest that the contractor receives, to his subcontractors and suppliers within 15 days after he receives the money in the proportion that the value of the work performed by each subcontractor or the materials furnished by each supplier bears to the total amount of the contract between the principal contractor and the department.
10. Money payable to a subcontractor or supplier accrues interest at a rate equal to the lowest daily prime rate at the three largest banks in the United States on the date the subcontract or order for supplies was executed plus 2 percent, from 15 days after the money was received by the principal contractor until the date of payment.
11. If a contractor withholds more than 10 percent of a payment required by subsection 9, the subcontractor or supplier may inform the director in writing of the amount due. The director shall attempt to resolve the dispute between the contractor and the subcontractor or supplier within 20 working days after the date that the director receives notice of the amount due. If the dispute is not resolved within 20 working days after the date that the director receives notice of the amount due, the contractor shall deposit the disputed amount in an escrow account that bears interest. The contractor, subcontractor or supplier may pursue any legal or equitable remedy to resolve the dispute over the amount due. The director may not be made a party to any legal or equitable action brought by the contractor, subcontractor or supplier.”.
Amend sec. 150, page 90, line 4, by deleting “state,” and inserting “state.”
Amend sec. 150, page 90, line 7, after “inclusive,” by inserting: “or chapter 617”.
Amend sec. 150, page 90, line 14, by deleting “employer,” and inserting “employer”.
Amend sec. 150, page 90, line 23, by deleting “property,” and inserting “property”.
Amend sec. 150, page 90, line 28, by deleting “property,” and inserting “property”.
Amend sec. 150, page 90, line 41, after “inclusive,” by inserting: “or chapter 617”.
Amend sec. 197, page 110, line 40, by deleting “Every” and inserting “A”.
Amend sec. 197, page 110, by deleting line 42 and inserting: “the trust company, and all investments made by the trust company as a fiduciary must”.
Amend sec. 197, page 111, line 3, by deleting “Holding” and inserting: “When it holds”.
Amend sec. 197, page 111, line 14, by deleting “Acting” and inserting: “When it acts”.
Amend sec. 197, page 111, line 17, after “the” by inserting “trust”.
Amend sec. 197, page 111, line 22, after “of the” by inserting “trust”.
Amend sec. 197, page 111, line 23, by deleting “Every” and inserting “A”.
Amend sec. 197, page 111, by deleting lines 32 through 36 and inserting:
“4. Except as otherwise provided in subsection 5, the assets forming the capital of a trust company must:
(a) Be governmental obligations or insured deposits that mature within 3 years after acquisition.
(b) Have an aggregate market value that equals or exceeds 60”.
Amend sec. 197, page 111, line 40, after “of the” by inserting “trust”.
Amend the bill as a whole by renumbering sec. 220 as sec. 221 and adding a new section designated sec. 220, following sec. 219, to read as follows:
“Sec. 220. Section 50 of Assembly Bill No. 584 of this session is hereby amended to read as follows:
Sec. 50. NRS 360.510 is hereby amended to read as follows:
360.510 1. If any person is delinquent in the payment of any tax or fee administered by the department or if a determination has been made against him which remains unpaid, the department may:
(a) Not later than 3 years after the payment became delinquent or the determination became final; or
(b) Not later than 5 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed,
give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of [the] this state or any political subdivision or agency of [the] this state, who has in his possession or under his control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before [it] the department presents the claim of the delinquent taxpayer to the state controller.
2. A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the [department’s notice.] notice of the department.
3. After receiving the demand to transmit, the [persons so] person notified by the demand may not transfer or otherwise dispose of the credits, other personal property, or debts in [their] his possession or under [their] his control at the time [they] he received the notice until the department consents to a transfer or other disposition.
4. [All persons so] Every person notified by a demand to transmit shall, within 10 days after receipt of the demand to transmit, inform the department of, and transmit to the department all such credits, other personal property, or debts in [their] his possession, under [their] his control or owing by [them] him within the time and in the manner requested by the department. Except as otherwise provided in subsection 5, no further notice is required to be served to [those persons.] that person.
5. If the property of the delinquent taxpayer consists of a series of payments owed to him, the person who owes or controls the payments shall transmit the payments to the department until otherwise notified by the department. If the debt of the delinquent taxpayer is not paid within 1 year after the department issued the original demand to transmit, [it] the department shall issue another demand to transmit to the person responsible for making the payments informing him to continue to transmit payments to the department or that his duty to transmit the payments to the department has ceased.
6. If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or credit union or other credits or personal property in the possession or under the control of a bank, credit union or other depository institution, the notice must be delivered or mailed to the branch or office of the bank, credit union or other depository institution at which the deposit is carried or at which the credits or personal property is held.
7. If any person [so] notified by the notice of the delinquency makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, he is liable to the state for any indebtedness due pursuant to [NRS 482.313,] this chapter , or chapter 362, 364A, [365,] 369, 370, 372, 372A, [373,] 374, 377, 377A[, 444A, 585, 590] or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the state is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.”.
Amend the bill as a whole by adding a new section designated sec. 222, following sec. 220, to read as follows:
“Sec. 222. Sections 76, 77, 90, 150 and 197 of this act become effective at 12:01 a.m. on October 1, 1999.”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 39.
Remarks by Senator Townsend.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 181.
The following Assembly amendment was read:
Amendment No. 773.
Amend the bill as a whole by renumbering sections 3 through 8 as sections 4 through 9 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. NRS 631.275 is hereby amended to read as follows:
(a) Has a valid license to practice dentistry issued pursuant to the laws of another state or the District of Columbia;
(b) Has received a degree from a dental school or college accredited by the American Dental Association Commission on Dental Accreditation, or its successor organization; and
(c) [Has at least 5 years of clinical experience obtained after receiving such a degree; and
(d)] Has entered into a contract with a facility approved by the health division of the department of human resources to provide publicly funded dental services exclusively to persons of low income for the duration of the restricted license.
2. The board shall not issue a restricted license to a person:
(a) Who has failed to pass the examination of the board;
(b) Who has been refused a license in this state, another state or territory of the United States or the District of Columbia; or
(c) Whose license to practice dentistry has been revoked in this state, another state or territory of the United States or the District of Columbia.
3. A person to whom a restricted license is issued pursuant to subsection 1:
(a) May perform dental services only:
(1) Under the supervision of a dentist who is licensed to practice dentistry in this state and appointed by the health division of the department of human resources to supervise dental care that is provided in a facility which has entered into a contract with the person to whom a restricted license is issued and which is approved by the health division of the department; and
(2) In accordance with the contract required pursuant to paragraph [(d)] (c) of that subsection.
(b) Shall not, for the duration of the restricted license, engage in the private practice of dentistry, which includes, without limitation, providing dental services to a person who pays for the services.
4. A person who receives a restricted license must pass the examination of the board within [1 year] 3 years after receiving his restricted license. If the person fails to pass that examination, the board shall revoke the restricted license.
5. The board may revoke a restricted license at any time.”.
Amend the title of the bill, third line, after “Nevada;” by inserting: “revising provisions relating to restricted licenses to practice dentistry;”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 181.
Remarks by Senator Townsend.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 16.
The following Assembly amendment was read:
Amendment No. 776.
Amend section 1, page 1, by deleting line 5 and inserting:
“(a) To ask or encourage a”.
Amend section 1, pages 1 and 2, by deleting lines 16 and 17 on page 1 and lines 1 through 7 on page 2.
Amend section 1, page 2, line 8, by deleting “4.” and inserting “2.”.
Senator Townsend moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 16.
Remarks by Senator Townsend.
Motion carried.
Bill ordered transmitted to the Assembly.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 431, 610, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Randolph J. Townsend, Chairman
Madam President:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 237, 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 Natural Resources, to which was referred Assembly Bill No. 408, 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
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bills Nos. 237, 408, 431, 610, be placed on the Second Reading File on the Second Agenda.
Remarks by Senator Raggio.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 237.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1081.
Amend sec. 2, page 2, between lines 31 and 32, by inserting:
“(c) An eligible recipient, to pay the following costs associated with connecting a domestic well or well with a temporary permit to a municipal water system, if the well was in existence on or before October 1, 1999, and the well is located in an area designated by the state engineer pursuant to NRS 534.120 as an area where the ground water basin is being depleted:
(1) Any local or regional fee for connection to the municipal water system.
(2) The cost of any capital improvement that is required to comply with a decision or regulation of the state engineer.”.
Amend sec. 2, page 2, lines 34 and 35, by deleting: “means:
(a) A” and inserting “means a”.
Amend sec. 2, page 2, line 36, after “county,” by inserting: “unincorporated town, water authority, conservation district,”.
Amend sec. 2, page 2, by deleting lines 37 through 39 and inserting “district.”.
Amend the title of the bill, first line, after “for” by inserting: “certain costs associated with connections to municipal water systems and for”.
Amend the summary of the bill, first line, by deleting: “Revises provisions relating to grants for” and inserting: “Authorizes grants for certain costs associated with connections to municipal water systems and for”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 408.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 1011.
Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 534 of NRS is hereby amended by adding thereto a new section to read as follows:
If the state engineer issues a temporary permit pursuant to NRS 534.120 or if a well for domestic use is drilled in an area in which he has issued such a temporary permit, he shall file a notice with the county recorder of the county in which the permit is issued or the well is drilled. The notice must include a statement indicating that, if and when water can be furnished by an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area:
1. A temporary permit may be revoked;
2. The owner of a domestic well may be prohibited from deepening or repairing the well; and
3. The owner of the property served by the well may be required to connect to this water source at his own expense.”.
Amend section 1,
page 1, line 16, by deleting “The” and inserting: “[The]
Except as otherwise provided in subsection 5, the”.
Amend section 1, page 1, line 18, by deleting: “be revoked for just cause” and inserting: “, except as limited by subsection 4, be revoked”.
Amend section 1, page 2, line 5, after “Limit” by inserting “the”.
Amend section 1,
page 2, line 7, by deleting: “534.0175 and 534.180,” and inserting: “534.013
and 534.0175, [and 534.180,]”.
Amend section 1, page 2, line 10, after “4.” by inserting: “The state engineer may revoke a temporary permit issued pursuant to subsection 3 for residential use, and require a person to whom ground water was appropriated pursuant to the permit to obtain water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:
(a) The distance from the property line of any parcel served by a well pursuant to a temporary permit to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet;
(b) The well providing water pursuant to the temporary permit needs to be redrilled or have repairs made which require the use of a well-drilling rig; and
(c) The holder of the permit will be offered financial assistance to pay not more than 85 percent, as determined by the entity providing the financial assistance, of the cost of the local and regional connection fees and capital improvements necessary for making the connection to the proposed source of water.
In a basin that has a water authority that has a ground water management program, the state engineer shall not revoke the temporary permit unless the water authority abandons and plugs the well and pays the costs related thereto. If there is not a water authority in the basin that has a ground water management program, the person shall abandon and plug his well in accordance with the rules of the state engineer.
5. The state engineer may, in an area in which he has issued temporary permits pursuant to subsection 3, limit the depth of a domestic well pursuant to paragraph (c) of subsection 3 or prohibit repairs from being made to a well, and may require the person proposing to deepen or repair the well to obtain water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:
(a) The distance from the property line of any parcel served by the well to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet;
(b) The deepening or repair of the well would require the use of a well-drilling rig; and
(c) The person proposing to deepen or repair the well will be offered financial assistance to pay not more than 85 percent, as determined by the entity providing the financial assistance, of the cost of the local and regional connection fees and capital improvements necessary for making the connection to the proposed source of water.
In a basin that has a water authority that has a ground water management program, the state engineer shall not prohibit the deepening or repair of a well unless the water authority abandons and plugs the well and pays the costs related thereto. If there is not a water authority in the basin that has a ground water management program, the person shall abandon and plug his well in accordance with the rules of the state engineer.
6.”.
Amend the bill as a whole by deleting sec. 2 and adding new sections designated sections 3 and 4, following section 1, to read as follows:
“Sec. 3. The legislative committee on public lands shall conduct a study of issues related to residential, municipal and quasi-municipal water wells in the State of Nevada and report its findings and recommendations to the 71st session of the Nevada legislature. The legislative commission shall appoint two additional senators and two additional assemblymen to the legislative committee on public lands for the purposes of this study. The chairman of the legislative committee on public lands shall appoint a technical advisory committee to assist in conducting the study with representation from urban and rural areas, well owners, suppliers of municipal water, holders of water rights, and ratepayers.
Sec. 4. 1. This section and sections 2 and 3 of this act become effective on July 1, 1999.
2. Section 1 of this act becomes effective on October 1, 1999.
3. Section 2 of this act expires by limitation on July 1, 2005.”.
Amend the title of the bill to read as follows:
“AN ACT relating to water; establishing the circumstances under which certain temporary permits for the appropriation of ground water may be revoked; restricting the authority of the state engineer to limit the depth of or prohibit the repair of certain wells; requiring the state engineer to file certain notices with the county recorder; requiring the legislative committee on public lands to conduct a study of water wells; and providing other matters properly relating thereto.”.
Senator James moved the adoption of the amendment.
Remarks by Senators James, Neal and Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 431.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1119.
Amend the bill as a whole by deleting sections 1 through 24 and adding new sections designated sections 1 through 12, following the enacting clause, to read as follows:
“Section 1. NRS 598.0905 is hereby amended to read as follows:
Sec. 2. NRS 598.0915 is hereby amended to read as follows:
598.0915 A person engages in a “deceptive trade practice” if, in the course of his business or occupation, he:
1. Knowingly passes off goods or services for sale or lease as those of another.
2. Knowingly makes a false representation as to the source, sponsorship, approval or certification of goods or services[.] for sale or lease.
3. Knowingly makes a false representation as to affiliation, connection, association with or certification by another.
4. Uses deceptive representations or designations of geographic origin in connection with goods or services[.] for sale or lease.
5. Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations or quantities of goods or services for sale or lease or a false representation as to the sponsorship, approval, status, affiliation or connection of a person therewith.
6. Represents that goods for sale or lease are original or new if he knows or should know that they are deteriorated, altered, reconditioned, reclaimed, used or secondhand.
7. Represents that goods or services for sale or lease are of a particular standard, quality or grade, or that such goods are of a particular style or model, if he knows or should know that they are of another.
8. Disparages the goods, services or business of another by false or misleading representation of fact.
9. Advertises goods or services with intent not to sell or lease them as advertised.
10. Advertises goods or services for sale or lease with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.
11. Advertises under the guise of obtaining sales personnel when in fact the purpose is to first sell or lease goods or services to the sales personnel applicant.
12. Makes false or misleading statements of fact concerning the price of goods or services[,] for sale or lease, or the reasons for, existence of or amounts of price reductions.
13. Fraudulently alters any contract, written estimate of repair, written statement of charges or other document in connection with the [provision] sale or lease of goods or services.
14. Knowingly makes any other false representation in a transaction.
Sec. 3. NRS 598.0917 is hereby amended to read as follows:
598.0917 A person engages in a “deceptive trade practice” when in the course of his business or occupation he employs “bait and switch” advertising, which consists of an offer to sell or lease goods or services which the seller or lessor in truth may not intend or desire to sell[,] or lease, accompanied by one or more of the following practices:
1. Refusal to show the goods advertised.
2. Disparagement in any material respect of the advertised goods or services or the terms of sale[.] or lease.
3. Requiring other sales or other undisclosed conditions to be met before selling or leasing the advertised goods or services.
4. Refusal to take orders for the sale or lease of goods or services advertised for delivery within a reasonable time.
5. Showing or demonstrating defective goods for sale or lease which are unusable or impractical for the purposes set forth in the advertisement.
6. Accepting a deposit for the goods or services for sale or lease and subsequently switching the purchase order or lease to higher priced goods or services.
7. Tendering a lease of goods advertised for sale or a sale of goods advertised for lease or tendering terms of sale or lease less favorable than the terms advertised.
Sec. 4. NRS 598.092 is hereby amended to read as follows:
598.092 A person engages in a “deceptive trade practice” when in the course of his business or occupation he:
1. Knowingly fails to identify goods for sale or lease as being damaged by water.
2. Solicits by telephone or door to door as a lessor or seller, unless the lessor or seller identifies himself, whom he represents and the purpose of his call within 30 seconds after beginning the conversation.
3. Knowingly states that services, replacement parts or repairs are needed when no such services, replacement parts or repairs are actually needed.
4. Fails to make delivery of goods or services for sale or lease within a reasonable time or to make a refund for the goods or services, if he allows refunds.
5. Advertises or offers an opportunity for investment and:
(a) Represents that the investment is guaranteed, secured or protected in a manner which he knows or has reason to know, is false or misleading;
(b) Represents that the investment will earn a rate of return which he knows or has reasons to know is false or misleading;
(c) Makes any untrue statement of a material fact or omits to state a material fact which is necessary to make another statement, considering the circumstances under which it is made, not misleading;
(d) Fails to maintain adequate records so that an investor may determine how his money is invested;
(e) Fails to provide information to an investor after a reasonable request for information concerning his investment;
(f) Fails to comply with any law or regulation for the marketing of securities or other investments; or
(g) Represents that he is licensed by an agency of the state to sell or offer for sale investments or services for investments if he is not so licensed.
6. Charges a fee for advice with respect to investment of money and fails to disclose:
(a) That he is selling or offering to lease goods or services and, if he is, their identity; or
(b) That he is licensed by an agency of any state or of the United States to sell or to offer for sale investments or services for investments, or holds any other license related to the service he is providing.
7. Notifies any person, by any means, as a part of an advertising plan or scheme, that he has won a prize and that as a condition of receiving the prize he must purchase or [rent] lease goods or services.
8. Fails to inform customers, if he does not allow refunds or exchanges, that he does not allow refunds or exchanges by:
(a) Printing a statement on the face of the lease or sales receipt;
(b) Printing a statement on the face of the price tag; or
(c) Posting in an open and conspicuous place a sign at least 8 by 10 inches in size with boldface letters,
specifying that no refunds or exchanges are allowed.
Sec. 5. NRS 598.0923 is hereby amended to read as follows:
598.0923 A person engages in a “deceptive trade practice” when in the course of his business or occupation he knowingly:
1. Conducts the business or occupation without all required state, county or city licenses.
2. Fails to disclose a material fact in connection with the sale or lease of goods or services.
3. Violates a state or federal statute or regulation relating to the sale or lease of goods or services.
4. Uses coercion, duress or intimidation in a transaction.
Sec. 6. NRS 482.351 is hereby amended to read as follows:
2. The director[, after hearing, may adopt such rules and] shall adopt such regulations as may be necessary for making the administration of this section effective.
3. As used in this section, “bait and switch” advertising consists of an offer to sell goods or services which the seller in truth may not intend or desire to sell, accompanied by one or more of the following practices:
(a) Refusal to show the goods advertised.
(b) Disparagement in any material respect of the advertised goods or services or the terms of sale.
(c) Requiring other sales or other undisclosed conditions to be met before selling the advertised goods or services.
(d) Refusal to take orders for the goods or services advertised for delivery within a reasonable time.
(e) Showing or demonstrating defective goods which are unusable or impractical for the purposes set forth in the advertisement.
(f) Accepting a deposit for the goods or services and subsequently switching the purchase order to higher priced goods or services.
Sec. 7. NRS 482.36395 is hereby amended to read as follows:
482.36395 No motor vehicle manufacturer, distributor, factory branch or representative thereof may:
1. Encourage, aid or abet a dealer to sell or lease motor vehicles through any false, deceptive or misleading sales or financing practice.
2. Refuse to deliver an order of a dealer within 60 days after the order is received in writing unless the inability to deliver the order is caused by shortage or curtailment of material, labor, production capacity, transportation or utility services, or to any labor or production difficulty, or to any cause beyond the reasonable control of the motor vehicle manufacturer or distributor.
3. Coerce, compel or otherwise require any dealer to pay over or to repay any amount of money or other consideration which is in substantiation of or repayment for any advertising, [promotion] promotional activity or scheme, or method of implementing the sale or lease of motor vehicles.
4. Demand or require, directly or indirectly, a dealer to pay any amount of money which is projected or proposed for the advertisement, display or promotion of any motor vehicle which is being sold or leased pursuant to a franchise, unless the dealer has agreed thereto in writing.
5. Demand or require, directly or indirectly, a dealer to comply with standards which exceed commonly accepted business practices within the automotive industry relating to sales, leases or service of motor vehicles.
6. Based solely upon the results of a survey of a dealer’s customers conducted by or on behalf of a motor vehicle manufacturer which is intended or otherwise purports to measure the performance of a dealer:
(a) Discriminate, directly or indirectly, against a dealer; or
(b) Take any action to terminate a dealer’s franchise.
This subsection does not prohibit a motor vehicle manufacturer, distributor, factory branch or representative thereof from conducting a contest or other award program to recognize the performance of a dealer based on reasonable criteria relating to sales, leases or service of motor vehicles.
Sec. 8. NRS 616C.205 is hereby amended to read as follows:
Sec. 9. NRS 651.030 is hereby amended to read as follows:
(a) Post in a conspicuous place in the office and in every bedroom of [such establishment,] the establishment a printed copy of this section and NRS 651.010 and 651.020 [and a]; and
(b) Maintain a printed statement of the charge or rate of charges by the day for lodging[.] and make the statement available for viewing, upon request, at the registration desk or an equivalent location in the establishment.
2. No charge or sum [shall] may be collected for any greater or other sum than [he] the owner or keeper is entitled to [by] charge pursuant to the general rules and regulations of [such] the establishment.
3. For any violation of this section, or any provision herein contained, the offender shall forfeit to the injured party 3 times the amount of the sum charged in excess of what he is entitled to charge.
Sec. 10. NRS 651.040 is hereby amended to read as follows:
651.040 1. As used in this section, unless the context otherwise requires:
(a) “Establishment” means any hotel, motel, inn or motor court.
(b) “Owner” or “keeper” means any person, firm, association or corporation.
(c) “Rates” means the total charge levied at the establishment for rooms or accommodations.
2. [Pursuant to NRS 651.030, every owner or keeper of any hotel, inn, motel or motor court in this state shall post, in a conspicuous place in the office and in every bedroom of the establishment, a printed copy of a statement of charge or rate of charges by the day for lodging.] The rates [posted in the office and every bedroom of the establishment must display] listed on the printed statement required to be maintained by an owner or keeper of an establishment pursuant to NRS 651.030 must include the daily rate of the room for occupancy by one person, for occupancy by two persons, the additional charge, if any, for each person over two persons and the additional charge, if any, for each additional bed provided in the room. Every establishment shall maintain a registration card for each room and supply the person or persons registering for accommodations a receipt. Both the registration card and the receipt must reflect the type of accommodations supplied, the number of persons occupying the accommodation and the rate charged each person therefor. An establishment shall not charge more than the [posted rates, or require as a condition of securing accommodations that any person pay for a greater number of days than actually requested or that the accommodations are actually occupied by the person or persons.] rates listed on the printed statement required to be maintained by an owner or keeper of an establishment pursuant to NRS 651.030.
3. For any violation of this section, or any provision herein contained, the offender shall forfeit to the injured party 3 times the amount of the sum charged in excess of what he is entitled to charge.
4. Any owner or keeper of any establishment who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 11. The amendatory provisions of sections 9 and 10 of this act do not apply to offenses that were committed before the effective date of those sections.
Sec. 12. 1. This section and sections 9, 10 and 11 of this act become effective upon passage and approval.
2. Sections 1 to 7, inclusive, of this act become effective on October 1, 1999.
3. Section 8 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.
Amend the title of the bill by deleting the second through fourth lines and inserting: “additional deceptive trade practices; extending the exemption of workers’ compensation benefits from creditors; requiring an owner or keeper of a hotel, inn, motel or motor court to maintain a printed statement of the charge or rate of charges by the day for lodging and to make that statement available upon request; eliminating the requirement that the rates be posted in every bedroom of the establishment; eliminating the provisions that prohibit such an establishment from requiring a person to pay for a greater number of days than actually requested to secure accommodations; providing a penalty; and providing other matters properly”.
Amend the summary of the bill by deleting the first line and inserting:
“SUMMARY-Revises protections provided to individual buyers, lessees, guests of public accommodations and”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Townsend and Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 610.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1003.
Amend the bill as a whole by renumbering sections 1 through 3 as sections 2 through 4 and adding a new section, designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 623.270 is hereby amended to read as follows:
(a) The certificate was obtained by fraud or concealment of a material fact.
(b) The holder of the certificate has been found guilty by the board or by a court of justice of any fraud, deceit or concealment of a material fact in his professional practice, or has been convicted by a court of justice of a crime involving moral turpitude.
(c) The holder of the certificate has been found guilty by the board of incompetency, negligence or gross negligence in:
(1) The practice of architecture or residential design; or
(2) His practice as a registered interior designer.
(d) [The] Except as otherwise provided in subparagraph (3) of paragraph (e) of subsection 1 of NRS 623.330, the holder of a certificate has affixed his signature or seal to plans, drawings, specifications or other instruments of service which have not been prepared by him or in his office, or under his direct supervision, or has permitted the use of his name to assist any person who is not a registered architect, registered interior designer or residential designer to evade any provision of this chapter.
(e) The holder of a certificate has aided or abetted any unauthorized person to practice:
(1) Architecture or residential design; or
(2) As a registered interior designer.
(f) The holder of the certificate has violated any law, regulation or code of ethics pertaining to:
(1) The practice of architecture or residential design; or
(2) Practice as a registered interior designer.
(g) The holder of a certificate has failed to comply with an order issued by the board or has failed to cooperate with an investigation conducted by the board.
If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.
2. The conditions for probation imposed pursuant to subsection 1 may include, but are not limited to:
(a) Restriction on the scope of professional practice.
(b) Peer review.
(c) Required education or counseling.
(d) Payment of restitution to all parties who suffered harm or loss.
(e) Payment of all costs of the administrative investigation and prosecution.
3. As used in this section:
(a) “Gross negligence” means conduct which demonstrates a reckless disregard of the consequences affecting the life or property of another person.
(b) “Incompetency” means conduct which, in:
(1) The practice of architecture or residential design; or
(2) Practice as a registered interior designer,
demonstrates a significant lack of ability, knowledge or fitness to discharge a professional obligation.
(c) “Negligence” means a deviation from the normal standard of professional care exercised generally by other members in:
(1) The profession of architecture or residential design; or
(2) Practice as a registered interior designer.”.
Amendsection 1, page 2, by deleting line 4 and inserting: “employer who will, as applicable, stamp and take responsibility for all construction documents for work on that building.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senator Raggio moved that the Senate recess until 4:30 p.m.
Motion carried.
Senate in recess at 2:54 p.m.
SENATE IN SESSION
At 5:18 p.m.
President Hunt presiding.
Quorum present.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 493, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Government Affairs, to which was referred Assembly Joint Resolution No. 26, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Ann O’Connell, Chairman
Madam President:
Your Committee on Natural Resources, to which was referred Assembly Bill No. 103, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Dean A. Rhoads, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Notice of Exemption
May 21, 1999
The Fiscal Analysis Division, pursuant to Joint Rule No. 14.6, has determined the exemption of: Senate Bills Nos. 80, 125, 259, 404 for they:
(a) Contain an appropriation;
(b) Authorize the expenditure by a state agency of sums not appropriated from the state general fund or the state highway fund;
(c) Create or increase any significant fiscal liability of the state; or
(d) Significantly decrease any revenue of the state.
The Legislative Counsel shall cause to be printed on the face of each bill or resolution the term “exempt” and a notation of the exemption must be included as a part of the history of the bill or resolution.
Mark Stevens
GENERAL FILE AND THIRD READING
Assembly Bill No. 198.
Bill read third time.
Roll call on Assembly Bill No. 198:
Yeas—21.
Nays—None.
Assembly Bill No. 198 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 199.
Bill read third time.
Remarks by Senators Neal, Rhoads, James, McGinness, Coffin, O’Connell and Carlton.
Roll call on Assembly Bill No. 199:
Yeas—10.
Nays—Care, James, Mathews, Neal, O’Connell, Raggio, Rawson, Schneider, Titus, Washington, Wiener—11.
Assembly Bill No. 199 having failed to received a constitutional majority, Madam President declared it lost.
Assembly Bill No. 238.
Bill read third time.
Roll call on Assembly Bill No. 238:
Yeas—21.
Nays—None.
Assembly Bill No. 238 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 280.
Bill read third time.
Roll call on Assembly Bill No. 280:
Yeas—18.
Nays—Carlton, James, Neal—3.
Assembly Bill No. 280 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 288.
Bill read third time.
Remarks by Senators Wiener and Raggio.
Roll call on Assembly Bill No. 288:
Yeas—20.
Nays—Coffin.
Assembly Bill No. 288 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 298.
Bill read third time.
Roll call on Assembly Bill No. 298:
Yeas—21.
Nays—None.
Assembly Bill No. 298 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 306.
Bill read third time.
Roll call on Assembly Bill No. 306:
Yeas—16.
Nays—James, O’Connell, Raggio, Townsend, Washington—5.
Assembly Bill No. 306 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 313.
Bill read third time.
Roll call on Assembly Bill No. 313:
Yeas—21.
Nays—None.
Assembly Bill No. 313 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 318.
Bill read third time.
Remarks by Senators Washington and O’Connell.
Roll call on Assembly Bill No. 318:
Yeas—21.
Nays—None.
Assembly Bill No. 318 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 332.
Bill read third time.
Senator Raggio moved that Assembly Bill No. 332 be taken from the General File and placed at the bottom of the General File on the Third Agenda.
Remarks by Senator Raggio.
Motion carried.
Assembly Bill No. 344.
Bill read third time.
Roll call on Assembly Bill No. 344:
Yeas—21.
Nays—None.
Assembly Bill No. 344 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 400.
Bill read third time.
Roll call on Assembly Bill No. 400:
Yeas—21.
Nays—None.
Assembly Bill No. 400 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 458.
Bill read third time.
Roll call on Assembly Bill No. 458:
Yeas—21.
Nays—None.
Assembly Bill No. 458 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 473.
Bill read third time.
Roll call on Assembly Bill No. 473:
Yeas—20.
Nays—Neal.
Assembly Bill No. 473 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 530.
Bill read third time.
Roll call on Assembly Bill No. 530:
Yeas—21.
Nays—None.
Assembly Bill No. 530 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 569.
Bill read third time.
Roll call on Assembly Bill No. 569:
Yeas—21.
Nays—None.
Assembly Bill No. 569 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 604.
Bill read third time.
Remarks by Senator Care.
Roll call on Assembly Bill No. 604:
Yeas—18.
Nays—Care, Coffin, Wiener—3.
Assembly Bill No. 604 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 614.
Bill read third time.
Roll call on Assembly Bill No. 614:
Yeas—21.
Nays—None.
Assembly Bill No. 614 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 621.
Bill read third time.
Roll call on Assembly Bill No. 621:
Yeas—21.
Nays—None.
Assembly Bill No. 621 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 628.
Bill read third time.
Roll call on Assembly Bill No. 628:
Yeas—21.
Nays—None.
Assembly Bill No. 628 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 631.
Bill read third time.
Remarks by Senators Raggio and Coffin.
Roll call on Assembly Bill No. 631:
Yeas—21.
Nays—None.
Assembly Bill No. 631 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 6:08 p.m.
SENATE IN SESSION
At 7:05 p.m.
President Hunt presiding.
Quorum present.
GENERAL FILE AND THIRD READING
Assembly Bill No. 632.
Bill read third time.
Remarks by Senators Townsend and Neal.
Roll call on Assembly Bill No. 632:
Yeas—12.
Nays—Carlton, Coffin, Mathews, Neal, Porter, Rhoads, Shaffer, Townsend, Wiener—9.
Assembly Bill No. 632 having failed to received a two-thirds majority, Madam President declared it lost.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rawson moved that the vote whereby Assembly Bill No. 199 failed be rescinded.
Remarks by Senator Rawson.
Motion carried.
Senator James moved that Assembly Bill No. 154 be taken from the Secretary’s desk and placed at the bottom of the General File on the Third Agenda
Remarks by Senator James.
Motion carried.
Senator James moved that Assembly Bill No. 555 be taken from the Secretary’s desk and placed at the bottom of the General File on the Third Agenda.
Remarks by Senator James.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 635.
Bill read third time.
Remarks by Senators O’Donnell and Townsend.
Roll call on Assembly Bill No. 635:
Yeas—20.
Nays—None.
Not Voting—Coffin.
Assembly Bill No. 635 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 661.
Bill read third time.
Roll call on Assembly Bill No. 661:
Yeas—21.
Nays—None.
Assembly Bill No. 661 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 668.
Bill read third time.
Roll call on Assembly Bill No. 668:
Yeas—21.
Nays—None.
Assembly Bill No. 668 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 669.
Bill read third time.
Remarks by Senators Titus, Neal, McGinness and James.
Conflict of interest declared by Senator Raggio.
Roll call on Assembly Bill No. 669:
Yeas—18.
Nays—Titus.
Not Voting—Coffin, Raggio—2.
Assembly Bill No. 669 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 674.
Bill read third time.
Roll call on Assembly Bill No. 674:
Yeas—21.
Nays—None.
Assembly Bill No. 674 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 680.
Bill read third time.
Roll call on Assembly Bill No. 680:
Yeas—18.
Nays—None.
Not Voting—Coffin, James, Porter—3.
Assembly Bill No. 680 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bills Nos. 15, 39, 47, 130, 193, 200, 237, 293, 347, 370, 408, 429, 431, 470, 486, 493, 504, 533, 610, 656 declared emergency measures under the Constitution, and placed on third reading and final passage on the Third Agenda.
Remarks by Senator Raggio.
Motion carried unanimously.
Senator Raggio moved that for the remainder of the session, to dispense with reading titles of bills and resolutions.
Remarks by Senator Raggio.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Joint Resolution No. 1.
Resolution read third time.
Remarks by Senators Titus, Rhoads, James and Neal.
Senator James requested that the following remarks be entered in the Journal.
Senator Titus:
Thank you, Madam President. The amendment to this resolution changed it considerably from expressing support for withdrawal for a 25-year period to an indefinite period. I just cannot believe that the members of this body, who so often lament the fact that the Federal Government owns 87 percent of the land in Nevada and support every measure that comes along that tries to take control of that land back from the Federal Government for the State, would now support a resolution that says its okay for the Air Force to withdraw the land at Nellis for an indefinite period of time.
Senator Rhoads:
Thank you, Madam President. To the Minority Leader, this deal is even better than you think. In the past we have been leasing it for 15 years. And their argument is that every time they do an environmental impact study, it costs them $8 million, or costs the taxpayers. What this will do, which the Colonel agreed to, is the change to an indefinite period. An indefinite period is not a permanent one. If the range or any portion of it ceases to be used for purposes directly related to Nellis Air Force Base, the land doesn’t revert to the Federal Government. It comes back to the State of Nevada. In the future, if any portion of it is not needed, it doesn’t go to the Federal Government; it still belongs to the State of Nevada. It is better than what we had before.
Senator James:
Thank you, Madam President. I would like to, first of all, agree with the Chairman of Natural Resources who has very articulately stated this. We heard testimony from the military that this is probably the most critical range to our military readiness for the Air Force of any range that we have. Whether it’s the efforts that we are currently undertaking in Kosovo, or other efforts that we may have to take with our military throughout the world, this range is absolutely critical to the safety and security of this country and of the free world which everybody agrees with. I don’t even think the Minority Leader would disagree with that. We have ensured, with the language in this bill, that every five years there is going to be a review. Every single day, they have to be using this area for the purposes for which this range has been set aside. Any moment that it doesn’t, it would immediately come back to the State of Nevada, under the provisions of this bill instead of setting it out for 25 years and having it gone. If the military stops using it for these purposes, it would now be appropriate for public use. This couldn’t have happened under the old version of this legislation. You would have had to wait 25 years. Instead, this is whenever that occurs. But at the same time, we are saying that as Nevadans we are committed to the safety and security of this country. By dedicating these lands to doing just that, we are also saying that if it ever happens that they are not being used for that purpose, they will come back into the place where they do belong, which is in the control of Nevadans. I strongly support this. I think it does exactly what we need it to do. We send both of the right messages.
Senator Neal:
Madam President, I have to rise in support of this resolution for the withdrawal of this land for the Nellis Air Force Range. I’m Air Force, and I guess I’m probably the only person here who has actually flown an F-16 on this particular range. If you understood what it is about and what they have there and the type of training that you have to go through, for example: When we first encountered Saddam Hussein in his bunkers, they had to build bunkers to test the pilots. You knew you had to dive in so you can put a missile right into the bunker. And the range is used for purposes similar to that. I wish everyone could have the experience of flying that range and seeing exactly what actually goes on there. Then you can have a greater appreciation when they ask for the withdrawal of this land in order to train their pilots. The Red Flag Operation, which brings a lot of money into the southern Nevada area, is conducted there utilizing that range. We have pilots that come in from all over the world who are friendly to our country and also fly in that range sometimes. It is necessary to have this area for defense purposes and for the training of pilots. I know that some of you who live in Fallon have received a lot of complaints from the farmers about the Navy pilots coming over and buzzing the tractors. But this legislation is strictly for those flyers who have to deliver those ordinances to places to which they have been assigned. It aids in them in perfecting their flying skills and their capability to deliver those ordinances. I think this is a good resolution, and it means a lot for the defense of the country.
Senator Titus:
Thank you, Madam President. I too support the Army, Navy, Air Force and Marines. I support our troops in Kosovo. I have seen “Saving Private Ryan,” and I’m always looking for a few good men. That has nothing to do with my opposition to this resolution. I do not think this resolution is about the military. I think this is about supporting a governor who, in the early days of his administration; made a hasty comment about allowing the Air Force to withdraw the land indefinitely. And this notion about it coming back to the State, if it is not being used the way the Air Force is supposed to, is just not accurate. It still is federally owned land, it will not come back to the State. The Federal Government is not going to just turn this land back over to the State because we have passed this resolution.
Roll call on Assembly Joint Resolution No. 1:
Yeas—17.
Nays—Amodei, Care, Carlton, Titus—4.
Assembly Joint Resolution No. 1 having received a constitutional majority, Madam President declared it passed, as amended.
Resolution ordered transmitted to the Assembly.
Assembly Joint Resolution No. 13.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 13:
Yeas—19.
Nays—O’Connell, Titus—2.
Assembly Joint Resolution No. 13 having received a constitutional majority, Madam President declared it passed, as amended.
Resolution ordered transmitted to the Assembly.
Assembly Joint Resolution No. 5 of the 69th Session.
Resolution read third time.
The following amendment was proposed by Senator Raggio:
Amendment No. 1093.
Amend the resolution, pages 1 and 2, by deleting lines 5 through 18 on page 1 and lines 1 through 27 on page 2, and inserting:
“Sec. 29A. The Legislature shall adjourn sine die each:
1. Regular session in an:
(a) Odd-numbered year not later than midnight Pacific standard time 120 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 120th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.
(b) Even-numbered year not later than midnight Pacific standard time 45 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 45th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.
2. Special session not later than midnight Pacific standard time 20 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 20th calendar day is void.
Sec. 2. 1. [The] Except as otherwise provided in subsection 2, the sessions of the Legislature shall be [biennial,] annual, and shall commence on the [1st Monday of February following the election of members of the Assembly, unless the Governor of the State shall, in the interim, convene the Legislature by proclamation.
2. The Legislature shall adjourn sine die each regular session not later than midnight Pacific standard time 120 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 120th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.] first Monday of:
(a) February in odd-numbered years; and
(b) March in even-numbered years.
2. The Governor, by proclamation:
(a) May convene the Legislature for a special session not to exceed 20 calendar days in accordance with section 9 of article 5 of this constitution.
(b) Shall convene the Legislature for a special session not to exceed 20 calendar days not later than 45 calendar days after receipt of a petition by two-thirds of the members elected to each House calling for a special session and setting forth the topics for consideration during the special session. If the Legislature is convened for a special session pursuant to this paragraph, the Governor may add to the list of topics to be considered by the Legislature during that special session.
3. The Governor shall submit:
(a) In odd-numbered years, the proposed executive budget; and
(b) In even-numbered years, any proposed appropriations or proposed revisions to the executive budget,
to the Legislature not later than [14] 30 calendar days before the commencement of each regular session.
[Sec:] Sec. 33. The members of the Legislature shall receive for their services, a compensation to be fixed by law and paid out of the public treasury, for [not to exceed 60 days] each calendar day of service during any regular session of the legislature and [not to exceed 20 days] during any special session convened by the governor; but no increase of such compensation shall take effect”.
Amend the resolution, page 2, by deleting lines 40 through 42 and inserting:
“[Sec:] Sec. 9. The Governor may on extraordinary occasions, convene the Legislature by Proclamation for a special session not to exceed 20 calendar days and shall state to both houses when organized, the purpose for”.
Amend the resolution, page 3, line 9, by deleting “, [and]” and inserting “, [and]”.
Amend the resolution, page 3, by deleting lines 20 through 23 and inserting: “secretary of state before beginning circulation and not earlier than [January 1 of the year preceding the year in which a regular session of the legislature is held.] 1 year before the date on which the Legislature to which the petition will be transmitted commences its regular session. After its circulation, it”.
Amend the resolution, page 4, line 13, after “law.” by inserting: “If at the session of the legislature to which an initiative petition proposing an amendment to a statute is presented which the legislature rejects or upon which it takes no action, the legislature amends the statute which the petition proposes to amend in a respect which does not conflict in substance with the proposed amendment, the secretary of state in submitting the statute to the voters for approval or disapproval of the proposed amendment shall include the amendment made by the legislature.”.
Amend the resolution, page 4, line 35, by deleting “shall” and inserting: “shall, unless precluded by subsection 5 or 6,”.
Amend the resolution, page 4, between lines 37 and 38, by inserting:
“5. If two or more measures which affect the same section of a statute or of the constitution are finally approved pursuant to this section, or an amendment to the constitution is finally so approved and an amendment proposed by the legislature is ratified which affect the same section, by the voters at the same election:
(a) If all can be given effect without contradiction in substance, each shall be given effect.
(b) If one or more contradict in substance the other or others, the measure which received the largest favorable vote, and any other approved measure compatible with it, shall be given effect. If the one or more measures that contradict in substance the other or others receive the same number of favorable votes, none of the measures that contradict another shall be given effect.
6. If, at the same election as the first approval of a constitutional amendment pursuant to this section, another amendment is finally approved pursuant to this section, or an amendment proposed by the legislature is ratified, which affects the same section of the constitution but is compatible with the amendment given first approval, the secretary of state shall publish and resubmit at the next general election the amendment given first approval as a further amendment to the section as amended by the amendment given final approval or ratified. If the amendment finally approved or ratified contradicts in substance the amendment given first approval, the secretary of state shall not submit the amendment given first approval to the voters again.”.
Amend the resolution, page 4, by deleting lines 43 and 44 and inserting: “annual session and each special session, compensation for each calendar day of service.”.
Amend the resolution by deleting the text of repealed section and adding a new text of repealed section, following the resolution, to read as follows:
“TEXT OF REPEALED SECTION
Sec: 12. Commencement date of first three legislative sessions; regular sessions of legislature to be held biennially. The first regular session of the Legislature shall commence on the second Monday of December A.D. Eighteen hundred and Sixty Four, and the second regular session of the same shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Six; and the third regular session of the Legislature shall be the first of the biennial sessions, and shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Seven; and the regular sessions of the Legislature shall be held thereafter biennially.”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 381.
The following Assembly amendment was read:
Amendment No. 904.
Amend section 1, page 1, by deleting line 3 and inserting:
“1. A person or”.
Amend section 1, pages 1 and 2, by deleting lines 9 through 13 on page 1 and lines 1 through 6 on page 2.
Amend section 1, page 2, line 7, by deleting “3.” and inserting “2.”.
Amend section 1, page 2, line 9, by deleting “4.” and inserting “3.”.
Amend the title of the bill by deleting the second through fourth lines and inserting: “detection of moving traffic violations; providing that evidence obtained through the use of such a device is not admissible in a criminal or administrative proceeding; and providing”.
Amend the summary of the bill by deleting the second line and inserting: “traffic violations. (BDR 43‑504)”.
Senator O’Donnell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 381.
Remarks by Senator O’Donnell.
Motion carried.
Bill ordered transmitted to the Assembly.
Appointment of Conference Committees
Madam President appointed Senators Amodei, Porter and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 30.
Madam President appointed Senators McGinness, Porter and Wiener as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 242.
GENERAL FILE AND THIRD READING
Assembly Bill No. 15.
Bill read third time.
The following amendment was proposed by Senator James:
Amendment No. 1122.
Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:
“Sec. 5.5. NRS 392.122 is hereby amended to read as follows:
(a) Physically or mentally unable to attend school; or
(b) Absent for up to 10 days within 1 school year with the approval of the teacher or principal of the school pursuant to NRS 392.130,
must be credited towards the required days of attendance.
2. A school shall inform the parents or legal guardian of each pupil who is enrolled in the school that the parents or legal guardian and the pupil are required to comply with the provisions governing the attendance and truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and any other rules concerning attendance and truancy adopted by the board of trustees of the school district.”.
Senator James moved the adoption of the amendment.
Remarks by Senators James and Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 39.
Bill read third time.
Roll call on Assembly Bill No. 39:
Yeas—21.
Nays—None.
Assembly Bill No. 39 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 47.
Bill read third time.
Roll call on Assembly Bill No. 47:
Yeas—21.
Nays—None.
Assembly Bill No. 47 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 130.
Bill read third time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1124.
Amend section 1, page 2, line 8, by deleting: “expenses related to the campaign.” and inserting “expenses.”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 193.
Bill read third time.
Roll call on Assembly Bill No. 193:
Yeas—16.
Nays—Care, James, O’Connell, Titus, Wiener—5.
Assembly Bill No. 193 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 200.
Bill read third time.
Roll call on Assembly Bill No. 200:
Yeas—21.
Nays—None.
Assembly Bill No. 200 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 237.
Bill read third time.
Roll call on Assembly Bill No. 237:
Yeas—21.
Nays—None.
Assembly Bill No. 237 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 293.
Bill read third time.
Remarks by Senator McGinness.
Roll call on Assembly Bill No. 293:
Yeas—11.
Nays—Amodei, Jacobsen, Mathews, McGinness, O’Connell, Porter, Washington—7.
Not Voting—Coffin, James, Raggio—3.
Assembly Bill No. 293 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 347.
Bill read third time.
Roll call on Assembly Bill No. 347:
Yeas—21.
Nays—None.
Assembly Bill No. 347 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 370.
Bill read third time.
Roll call on Assembly Bill No. 370:
Yeas—21.
Nays—None.
Assembly Bill No. 370 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 408.
Bill read third time.
Roll call on Assembly Bill No. 408:
Yeas—21.
Nays—None.
Assembly Bill No. 408 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 429.
Bill read third time.
Roll call on Assembly Bill No. 429:
Yeas—21.
Nays—None.
Assembly Bill No. 429 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 431.
Bill read third time.
Roll call on Assembly Bill No. 431:
Yeas—21.
Nays—None.
Assembly Bill No. 431 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 470.
Bill read third time.
Roll call on Assembly Bill No. 470:
Yeas—17.
Nays—Carlton.
Not Voting—Coffin, Porter, Raggio—3.
Assembly Bill No. 470 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 486.
Bill read third time.
Roll call on Assembly Bill No. 486:
Yeas—21.
Nays—None.
Assembly Bill No. 486 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 493.
Bill read third time.
Roll call on Assembly Bill No. 493:
Yeas—21.
Nays—None.
Assembly Bill No. 493 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 504.
Bill read third time.
Roll call on Assembly Bill No. 504:
Yeas—21.
Nays—None.
Assembly Bill No. 504 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 533.
Bill read third time.
Roll call on Assembly Bill No. 533:
Yeas—21.
Nays—None.
Assembly Bill No. 533 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 610.
Bill read third time.
Roll call on Assembly Bill No. 610:
Yeas—21.
Nays—None.
Assembly Bill No. 610 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 656.
Bill read third time.
Roll call on Assembly Bill No. 656:
Yeas—19.
Nays—O’Connell, Washington—2.
Assembly Bill No. 656 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 424.
Bill read third time.
Roll call on Assembly Bill No. 424:
Yeas—21.
Nays—None.
Assembly Bill No. 424 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 332.
Bill read third time.
Roll call on Assembly Bill No. 332:
Yeas—19.
Nays—O’Connell.
Not Voting—Coffin.
Assembly Bill No. 332 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 154.
Bill read third time.
Roll call on Assembly Bill No. 154:
Yeas—21.
Nays—None.
Assembly Bill No. 154 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 555.
Bill read third time.
Remarks by Senator Coffin.
Roll call on Assembly Bill No. 555:
Yeas—15.
Nays—Coffin, James, Mathews, McGinness, Neal, O’Connell—6.
Assembly Bill No. 555 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 199.
Bill read third time.
Senators James, Wiener and Washington moved the previous question.
Motion carried.
The question being on the passage of Assembly Bill No. 199.
Roll call on Assembly Bill No. 199:
Yeas—13.
Nays—Care, James, Mathews, McGinness, Neal, Rhoads, Washington, Wiener—8.
Assembly Bill No. 199 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 15.
Bill read third time.
Roll call on Assembly Bill No. 15:
Yeas—21.
Nays—None.
Assembly Bill No. 15 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 130.
Bill read third time.
Remarks by Senator Care.
Roll call on Assembly Bill No. 130:
Yeas—15.
Nays—Care, Carlton, Mathews, Neal, Titus, Wiener—6.
Assembly Bill No. 130 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
REMARKS FROM THE FLOOR
Senator Rawson requested that his remarks be entered in the Journal.
Thank you, Madam President. I would like to put some remarks into the Journal for this day in regards to the number of bills including mandates to insurance.
All during the session, I have had people I don’t know besiege me on this issue of mandates. Each of their mandates are compelling. As they come in and talk about the needs for adding these special services to the insurance, it’s an issue that pulls at your heart strings. They are issues that our population really should be insured for. It shouldn’t be an issue we have to fight about. We have had, I think, nearly 20 issues this session that have come up. Already this session, we’ve passed a number of mandates, and I have been responsible for some of those. The governor has signed one regarding cancer medications that I had sponsored and was interested in. A partial list of the proposed mandates includes: requiring the manner in which an insurer must notify an insured about a denied benefit, delineating the time frame in which an insurer must pay its claims, mandating contraceptive coverage and hormone replacement. This is the mandate we considered earlier and that I gave notice of reconsideration on that bill because I wanted to make these remarks at that time, and it simply went by too fast. It increases the dollar amount that an insurer must pay for coverage of PKU and digestive disorders, requiring coverage for infertility, mammograms and osteoporosis screening for certain women, and expanding the list of providers a woman may visit without prior authorization from a managed care organization.
I just sat down a few minutes ago and pulled out a number of other things: there’s a prohibition of generic drugs; there’s a creation of an ombudsman office, the mental health legislation that we just dealt with, addiction services, emergency room visits and the things that have to be offered to you in those visits, rural hospital coverage, external review panels, specialist services, chronic medications; it goes on and on. I have more here that I don’t need to read through. All of these are well intentioned and, I think, very needed things. If they are adopted though they will increase the cost of doing business and not maybe just one of them, but as we consider all of these, they will undoubtedly increase the cost. That’s what I’m worried about.
According to the Blue Cross, Blue Shield association in its December 1998 report, Nevada has implemented 28 mandates into state law. These require coverage of a variety of items, including alcohol treatment, ambulance transportation, breast reconstruction, cervical cancer screening, diabetic supplies, etc. Four years ago when we were considering the subject, we were the highest state in the country as far as mandates, and we’re still considering and still adding to that list. We have further included mandates that require reimbursement by insurers for practitioners who are out of the normal stream: acupuncturists, chiropractors, dentists, nurses, nurse mid-wives, psychiatric nurses, optometrists osteopaths, podiatrists, psychiatrists, social workers and so on. Finally, we have adopted coverage that adopted children must be covered and that there’s a continuation of dependent coverage when parents divorce and a continuation of employees when they change jobs and conversion to non-group health insurance for newborns. Including the things that we have adopted in this session, we are at 31 mandates in the State. And again, I would stress that one by one every one of these are compelling. If you come to me on any one of these issues, I am moved by those issues as I think most of you are. But when you take them all together, there’s going to be an undeniable increase in insurance costs.
The concern that I have is that for the last few years we have been trying to deal with the issue of the uninsured. I have chaired two task forces that have done statewide studies on this and we have 250,000 people in this State that can’t get coverage. They can’t afford it and every time we add one of these new mandates, we have to weigh the compelling nature of that mandate against the thousands of people who won’t be covered because of the action we take. This is a hard decision for me. You can see from the votes that I have had today on this issue, it is not going to get any easier. I am compelled to say that I can’t add any more mandates until we have a comprehensive policy on this. I can’t take the responsibility, myself, for seeing more people go off the insurance rolls. You know, in Assembly Bill No. 60 that we passed, we have 181,000 people that are in the 19-to-44 age bracket who won’t ever get the benefit of those mandates because they don’t have insurance. These are women that we passed that legislation for that won’t ever be available to them because they can’t afford it. On this issue I have worked conscientiously to try to deal with it, and we haven’t. We haven’t come to a solution.
I tried to develop a basic policy a few sessions ago that would allow more people to buy insurance. I have been involved in the development of a high-risk-pool of trying to get the discussion going on community rating of exceptions for preexisting conditions. I helped in writing the mini-COBRA law for Nevada a few sessions ago and have extensively worked on Erisa exemptions in a comprehensive medically needy program. I guess I just have to give notice that I can’t add any more mandates. I apologize to those that expect that and want that, but the problem isn’t solved, and I would hope that in this interim that the legislative commission, or legislative affairs or someone can deal with this issue. Possibly the health care committee, I don’t care who, but that we address this issue of mandates and that we develop a comprehensive and coherent and consistent policy so that we are not pulled this way and that in every session. Thank you.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Bordewich Bray Elementary School: Ron Argyle, Jr., Tessa Buzick, Arnulfo Ceballow, Stefan Cooper, Jonathan Deford, Marlene Fierro, Cody Fischer, Emanuel Gallegos, Chirstopher Gonzalez, Marc Gonzalez, Jeremiah Gray, Darryl Grimes, Danny Ray Harrington, Catia Hernandez, Kyle Summer, Brittany Meagher, Yuri Rokiles, Christian Sanborn, Heather Schofield, Amy Stair, Resa Swanson, Clinton Vondrak, Amanda Womack, Ila Yeager and teacher Konnie McGruder.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Glen Hare Occupational Center: Joshua Arias, Ashley Brauch, Tammra Canner, Lynnsey Cheatham, Tuncay Dogan, Joe Cooper, Gregory Marshall, Stephanie Milich, Rachelle Perry, Rebekah Uda, Rebecca Weyrick, David Brown, John Corrigan, Travis Dixon, Ernest Hope, Tenli Jones, Vincent Lucido, Scott Lukas, Ryan Penrod, Jonathan Ramos, Steve Russo, Ryan Vanderburg, Noah Busha, Tabatha Campbell, Sharona Catain, Suzanna Cousins, Mark Daly, Eric Edney, Daniel Garcia, Ryan Gepford, Timothy Henderson, Miles King, Jeremy Knight, James Myers, Travis Morgan and Claudia Segura and the staff: Vera Davidson and Richard Rossi.
Senator Raggio moved that the Senate adjourn until Saturday, May 22, 1999 at 9 a.m. and that it do so with our thoughts and prayers for Judy Jacobs and her family.
Motion carried.
Senate adjourned at 8:59 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas