THE SIXTY-FOURTH DAY
Carson City (Monday), April 9, 2001
Assembly called to order at 11:17 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Reverend Richard Campbell.
Mighty God, the earth is Yours and all that is in it: the beasts of the field, the birds of the air and the fish of the sea. You have made us temporary custodians of Your creation. We thank You for Your trust. Judge and forgive us when we turn away from You. Deliver us from brassy patriotism and a blind trust in power; from deceptions that weaken trust; from self-seeking; from divisions of class and race; from wealth that will not share and from poverty that feeds on bitterness; from overlooking the hurt and the needy. Eternal God, give us a glimpse of the world You would have for us and the courage and strength to strive for it. Be with us and bless this legislative body as they deliberate today. Hear our prayer as we give it in Your Holy Name and to Your glory.
Amen.
Pledge of allegiance to the Flag.
Assemblywoman Buckley moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 160, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 203, 335, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Joseph E. Dini, Jr., Chairman
Mr. Speaker:
Your Concurrent Committee on Commerce and Labor, to which was referred Assembly Bill No. 134, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Joseph E. Dini, Jr., Chairman
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 299, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Chris Giunchigliani, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 87, 93, 293, 427, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Concurrent Committee on Government Affairs, to which was referred Assembly Bill No. 475, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Assembly Bill No. 196, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Health and Human Services, to which was referred Assembly Bill No. 250, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Ellen M. Koivisto, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 417, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 435, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Judiciary, to which was referred Assembly Bill No. 315, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended, and re-refer to the Committee on Ways and Means.
Bernie Anderson, Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 646, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Transportation, to which was referred Assembly Bill No. 86, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Transportation, to which was referred Assembly Bill No. 383, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Transportation, to which was referred Assembly Concurrent Resolution No. 6, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.
Vonne S. Chowning, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 580 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Notice of Exemption
April 8, 2001
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bills Nos. 21, 272, 342, 374, 600, 603, 606, 608, 611, 612, 614 and 615.
Mark Stevens
Fiscal Analysis Division
April 9, 2001
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bills Nos. 398 and 635.
Mark Stevens
Fiscal Analysis Division
COMMUNICATIONS
State of Nevada
Legislative counsel bureau
Memorandum
Date: April 9, 2001
To: Jacque Sneddon, Chief Clerk of the Assembly, Nevada Legislature
FROM: Mark Stevens, Assembly Fiscal Analyst, Fiscal Analyst Division
Subject: Exempt Bills
The Fiscal Analysis Division has previously determined, pursuant to Joint Standing Rule 14.6, the exemption of the following bills. The exemption is effective upon referral of the measures to the Assembly Committee on Ways and Means. If the following bills are not acted upon by a committee on or before the 71st calendar day of the Legislative Session, and referred to the Committee on Ways and Means on or before the 82nd calendar day of the Legislative Session, they are not exempt and no further action may be taken on the bill.
These bills include: Assembly Bills Nos. 15, 19, 53, 80, 124, 141, 166, 178, 184, 188, 196, 206, 214, 221, 222, 224, 241, 250, 297, 313, 319, 330, 335, 354, 356, 398, 403, 404, 405, 409, 411, 416, 420, 424, 426, 448, 450, 453, 474, and 635.
If I can provide further assistance, please contact me.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 6, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 65, 347, 517.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 36, 112, 236.
Mary Jo Mongelli
Assistant Secretary of the Senate
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 36.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 65.
Assemblywoman Buckley moved that the bill be referred to the Concurrent Committees on Taxation and Elections, Procedures, and Ethics.
Motion carried.
Senate Bill No. 112.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 236.
Assemblywoman Buckley moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 347.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 517.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 15.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 104.
Amend section 1, page 1, line 2, by deleting:
“2 and 3” and inserting:
“2, 3 and 4”.
Amend the bill as a whole by renumbering sections 2 through 4 as sections 3 through 5 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. As used in this section and sections 3 and 4 of this act, unless the context otherwise requires, “qualifying relative” means a person specified in 45 C.F.R. § 233.90(c)(1)(v)(A).”.
Amend sec. 2, page 1, by deleting lines 5 and 6 and inserting:
“provide supportive assistance to qualifying relatives of children who provide care for and”.
Amend sec. 2, page 1, line 11, by deleting “grandparent” and inserting “qualifying relative”.
Amend sec. 2, page 1, line 15, by deleting “grandparent” and inserting “qualifying relative”.
Amend sec. 2, page 1, by deleting line 17 and inserting:
“(2) Have attained such a minimum age as the department specifies by regulation;
(3) Verify his relationship to the child; and”.
Amend sec. 2, page 2, line 1, by deleting “(3)” and inserting “(4)”.
Amend sec. 2, page 2, line 2, after “court;” by inserting “and”.
Amend sec. 2, page 2, by deleting lines 3 through 16 and inserting:
“(c) The department must determine that the personal and criminal history of the qualifying relative is satisfactory.”.
Amend sec. 2, page 2, by deleting line 18 and inserting:
“include, within the limitations of available funding:”.
Amend sec. 2, page 2, line 20, by deleting “grandparent” and inserting “qualifying relative”.
Amend sec. 2, page 2, by deleting line 21 and inserting:
“(b) Payments of not more than the amount that the ”.
Amend sec. 2, page 2, line 26, after “care;” by inserting “and”.
Amend sec. 2, page 2, by deleting line 28.
Amend sec. 3, page 2, line 33, by deleting “2” and inserting “3”.
Amend sec. 4, page 2, line 47, by deleting:
“2 and 3” and inserting:
“2, 3 and 4”.
Amend sec. 4, page 3, line 4, by deleting:
“2 and 3” and inserting:
“2, 3 and 4”.
Amend the bill as a whole by deleting sec. 5.
Amend the title of the bill, third line, by deleting “their grandchildren;” and inserting: “certain children;”.
Amend the summary of the bill to read as follows:
Amend the bill as a whole by adding the following senator as a primary joint sponsor: Senator Mathews.
Assemblywoman Koivisto moved the adoption of the amendment.
Remarks by Assemblywoman Koivisto.
Amendment adopted.
Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.
Assembly Bill No. 28.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 105.
Amend section 1, page 2, line 5, after “subparagraph (1).” by inserting:
“To qualify for inclusion on the list, a real estate broker must maintain an office within the county where the school district is located.”.
Amend section 1, page 2, line 8, after “each” by inserting “qualified ”.
Amend section 1, page 2, line 11, after “broker” by inserting:
“who maintains an office within the county where the school district is located”.
Amend sec. 3, page 3, line 28, by deleting “and”.
Amend sec. 3, page 3, line 29, after “(b)” by inserting:
“Maintains an office within the county where the school district is located; and
(c)”.
Assemblyman de Braga moved the adoption of the amendment.
Remarks by Assemblyman de Braga.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 34.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 187.
Amend section 1, page 1, by deleting lines 15 through 18 and inserting:
“minority . [, if the court finds that the visits would be in the best interests of the child.]”.
Amend section 1, page 1, by deleting line 20 and inserting:
“a meaningful relationship, the district court in the county in which the child resides also may grant to that person a”.
Amend section 1, page 2, by deleting lines 1 through 11 and inserting:
“the person is related to the child . [, if the court finds that the visits would be in the best interests of the child.]
3. A party may seek a reasonable right to visit the child during his minority pursuant to subsection 1 or 2 only if a parent of the child has denied or restricted visits with the child.
4. If a parent of the child has denied or restricted visits with the child, there is a rebuttable presumption that the granting of a right to visitation to a party seeking visitation is not in the best interests of the child. To rebut this presumption, the party seeking visitation must prove by a preponderance of the evidence that it is in the best interests of the child to grant visitation.
5. The court may grant a party seeking visitation pursuant to subsection 1 or 2 a reasonable right to visit the child during his minority only if the court finds that the party seeking visitation has rebutted the presumption established in subsection 4.
6. In determining whether [to grant a right to visitation to a petitioner pursuant to subsection 1 or 2,] the party seeking visitation has rebutted the presumption established in subsection 4, the court shall consider:”.
Amend section 1, page 2, line 42, by deleting “4.” and inserting “[4.] 7.”.
Amend section 1, page 3, by deleting lines 2 through 6 and inserting:
“court must find that the visits would be in the best interests of the child in light of the considerations set forth in paragraphs (a) to (j), inclusive, of subsection [3.] 6.
[5.] 8. Rights to visit a child may be granted:”.
Amend section 1, page 3, line 17, by deleting “6.” and inserting “[6.] 9.”.
Amend section 1, page 3, line 21, by deleting “7.” and inserting “[7.] 10.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 34 be re-referred to the Committee on Ways and Means.
Motion carried.
Assembly Bill No. 55.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 184.
Amend sec. 2, page 1, by deleting line 21 and inserting:
“[mentioned in the order must] in which a branch county jail is located may be”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that the action whereby Assembly Bill No. 34 was re-referred to the Committee on Ways and Means be rescinded.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 162.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 185.
Amend section 1, page 1, line 2, by deleting “A” and inserting:
“[A]
1. Except as otherwise provided in subsection 2, a”.
Amend section 1, page 1, line 4, by deleting “1.” and inserting “[1.] (a)”.
Amend section 1, page 1, line 6, by deleting “2.” and inserting “[2.] (b)”.
Amend section 1, page 1, line 11, by deleting “3.” and inserting “[3.] (c)”.
Amend section 1, page 2, line 3, by deleting “4.” and inserting “[4.] (d)”.
Amend section 1, page 2, line 7, by deleting “5.” and inserting “[5.] (e)”.
Amend section 1, page 2, line 9, by deleting “6.” and inserting “[6.] (f)”.
Amend section 1, page 2, line 14, by deleting “7.” and inserting “[7.] (g)”.
Amend section 1, page 2, line 16, by deleting “8.” and inserting “[8.] (h)”.
Amend section 1, page 2, line 17, by deleting “9.” and inserting “[9.] (i)”.
Amend section 1, page 2, line 19, by deleting “10.” and inserting “(j)”.
Amend section 1, page 2, between lines 21 and 22, by inserting:
“2. A person who commits an act that is prohibited by subsection 1 which involves the repair of a vehicle has not committed theft unless, before the repair was made, he:
(a) Received a written estimate of the cost of the repair; and
(b) Agreed to pay the amount in the written estimate.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 205.466 is hereby amended to read as follows:
205.466 1. A district attorney may create within his office a program for restitution for persons referred to the district attorney by a law enforcement officer who has probable cause to believe the person violated paragraph (i) of subsection [9] 1 of NRS 205.0832 [,] or NRS 205.130 or 205.380. The program may be conducted by the district attorney in conjunction with the county sheriff, police department or any other law enforcement agency in whose jurisdiction a violation of paragraph (i) of subsection [9] 1 of NRS 205.0832 [,] or NRS 205.130 or 205.380 has occurred, or by a private entity under contract with the district attorney.
2. The district attorney may adopt standards for the law enforcement agency which indicate the minimum requirements of investigation by the agency for its referral of a person to the district attorney for acceptance in the program.
3. If such a person is referred to the district attorney, the district attorney shall determine if the person is appropriate for acceptance in the program. The district attorney may consider:
(a) The amount of the check or draft drawn or passed without sufficient money or credit to pay it in full;
(b) The prior criminal record of the person;
(c) Prior referrals of the person to the program;
(d) The number of times the person has violated paragraph (i) of subsection [9] 1 of NRS 205.0832 [,] or NRS 205.130 or 205.380;
(e) Whether other allegations of drawing or passing checks or drafts without sufficient money or credit to pay them in full are pending against the person; and
(f) The strength of the evidence, if any, of the person’s intent to defraud the alleged victim.
4. Except as otherwise provided in NRS 205.469, this section does not limit the authority of the district attorney to prosecute violations of paragraph (i) of subsection [9] 1 of NRS 205.0832 [,] or NRS 205.130 or 205.380.”.
Amend the title of the bill, third line, after “services” by inserting: “under certain circumstances”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 174.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 188.
Amend section 1, page 1, by deleting line 3 and inserting:
“1. In a county whose population is 400,000 or more, the juvenile court shall”.
Amend section 1, page 1, by deleting line 6 and inserting: “juvenile court in a county whose population is less than 400,000 may establish a”.
Amend section 1, page 1, line 10, before “court” by inserting “juvenile”.
Amend section 1, page 1, line 15, before “court” by inserting “juvenile”.
Amend section 1, page 1, line 16, before “court” by inserting “juvenile”.
Amend section 1, page 2, line 2, before “court” by inserting “juvenile”.
Amend section 1, page 2, line 15, before “court” by inserting “juvenile”.
Amend sec. 2, page 4, line 38, by deleting “a child” and inserting “the child”.
Amend sec. 3, page 5, by deleting lines 30 through 36 and inserting:
“2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and”.
Amend the title of the bill, third line, by deleting “appropriations;” and inserting “an appropriation;”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 174 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to Committee on Ways and Means.
Assembly Bill No. 201.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 106.
Amend section 1, page 1, line 4, by deleting “and local” and inserting “local”.
Amend section 1, page 1, line 6, by deleting “state,” and inserting:
“state and individual parents and legal guardians whose children are enrolled in public schools throughout this state,”.
Amend section 1, page 2, line 6, by deleting “an” and inserting:
“a safe and”.
Amend section 1, page 2, line 14, by deleting “and local” and inserting “local”.
Amend section 1, page 2, line 16, by deleting “district,” and inserting:
“district and individual parents and legal guardians whose children are enrolled in public schools of the school district,”.
Assemblyman Williams moved the adoption of the amendment.
Remarks by Assemblyman Williams.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 229.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 179.
Amend the bill as a whole by deleting sections 1 through 8 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
If a new special license plate is authorized by an act of the legislature after January 1, 2003, the legislature will direct that the license plate not be designed, prepared or issued by the department unless the department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the legislature that authorized the plate.”.
Amend the title of the bill to read as follows:
“AN ACT relating to motor vehicles; declaring a prospective increase in the number of applications that must be received by the department of motor vehicles and public safety before the department may design, prepare or issue future special license plates; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY¾Declares prospective increase in number of applications that must be received by department of motor vehicles and public safety before department may design, prepare or issue future special license plates. (BDR 43-55)”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 361.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 85.
Amend the bill as a whole by renumbering sections 3 and 4 as sections 5 and 6 and adding new sections designated sections 3 and 4, following sec. 2, to read as follows:
“Sec. 3. NRS 362.130 is hereby amended to read as follows:
362.130 1. When the department determines from the annual statement filed pursuant to NRS 362.110 the net proceeds of any minerals extracted, it shall prepare its certificate of the amount of the net proceeds and the tax due and shall send a copy to the owner of the mine, operator of the mine, or recipient of the royalty, as the case may be.
2. The certificate must be prepared and mailed not later than April 20 immediately following the month of February during which the statement was filed.
3. The tax due as indicated in the certificate prepared pursuant to this section must be paid on or before May 10 of the year in which the certificate is received.
4. [If the owner of the mine, operator of the mine, or recipient of the royalty paid taxes pursuant to subsection 1 or 2 of NRS 362.145, the certificate must indicate any deficiency remaining from the previous calendar year or any overpayment of the taxes made for the previous calendar year.
5. Any deficiency remaining from the previous calendar year, as indicated on the certificate prepared pursuant to this section must be paid on or before May 10 of the year in which the certificate is received.
6.] If an overpayment was made , [and subsection 1 or 2 of NRS 362.145 applies to the taxpayer for the current calendar year or the taxpayer chooses to pay the tax pursuant to subsection 1 or 2 of NRS 362.145 for the current calendar year,] the overpayment may be credited toward the payment due on [August 1 of the current calendar year. If neither subsection 1 nor subsection 2 of NRS 362.145 applies to the taxpayer for the current calendar year and the tax is paid on or before] May 10 of the next calendar year . [, the overpayment may be credited toward that payment.] If the certificate prepared pursuant to this section shows a net loss for the year covered by the certificate or an amount of tax due for that year which is less than an overpayment made for the preceding year, the amount or remaining amount of the overpayment must be refunded to the taxpayer within 30 days after the certification was sent to the taxpayer.
Sec. 4. NRS 362.170 is hereby amended to read as follows:
362.170 1. There is hereby appropriated to each county the total of the amounts obtained by multiplying, for each extractive operation situated within the county, the net proceeds of that operation and any royalties paid by that operation, by the combined rate of tax ad valorem, excluding any rate levied by the State of Nevada, for property at that site, plus a pro rata share of any penalties and interest collected by the department for the late payment of taxes distributed to the county. The department shall report to the state controller on or before [February 28,] May 25 [and August 15] of each year the amount appropriated to each county, as calculated for each operation from the final statement made in February of that year for the preceding calendar year . [and the statements filed pursuant to NRS 362.145.] The state controller shall distribute all money due to a county on or before [March 5,] May 30 [and August 20] of each year.
2. The county treasurer shall apportion to each local government or other local entity an amount calculated by:
(a) Determining the total of the amounts obtained by multiplying, for each extractive operation situated within its jurisdiction, the net proceeds of that operation and any royalty payments paid by that operation, by the rate levied on behalf of that local government or other local entity;
(b) Adding to the amount determined pursuant to paragraph (a) a pro rata share of any penalties and interest collected by the department for the late payment of taxes distributed to that local government or local entity; and
(c) Subtracting from the amount determined pursuant to paragraph (b) a [percentage] commission of 3 percent of that amount which must be deposited in the county general fund.
3. The amounts apportioned pursuant to subsection 2, including, without limitation, the amount retained by the county and excluding the percentage commission, must be applied to the uses for which each levy was authorized in the same proportion as the rate of each levy bears to the total rate.
4. The department shall report to the state controller on or before May 25 of each year the amount received as tax upon the net proceeds of geothermal resources which equals the product of those net proceeds multiplied by the rate of tax levied ad valorem by the State of Nevada.”.
Amend sec. 3, page 3, line 37, by deleting “is” and inserting:
“and 362.145 are”.
Amend the text of repealed sections by adding the text of NRS 362.145.
Amend the title of the bill to read as follows:
“AN ACT relating to taxation; revising the provisions governing the reporting requirements, payment schedules and collection procedures for the tax on the net proceeds of minerals; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing tax on net proceeds of minerals. (BDR 32‑1078)”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Giunchigliani moved that Assembly Bill No. 44 be taken from the Chief Clerk's desk and placed at the top of the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 377.
Bill read second time and ordered to third reading.
Assembly Bill No. 381.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 166.
Amend section 1, page 1, line 3, by deleting “10,000” and inserting “1,000”.
Amend section 1, page 1, line 5, after “census” by inserting: “or the population certified by the governor pursuant to NRS 360.285, whichever is most recent,”.
Amend sec. 2, page 1, line 9, by deleting “[three] two” and inserting “three”.
Amend sec. 2, page 2, by deleting lines 1 through 4 and inserting:
“2. Those cities having [more than 5,000 and less than 20,000 inhabitants shall be known as] 5,000 or more but less than 50,000 inhabitants are cities of the second class.
3. [All other cities shall be known as] Those cities having less than 5,000 inhabitants are cities of the third class.”.
Amend sec. 3, page 2, lines 7 and 8, by deleting:
“[, or any city of the third class attains the population of 5,000 or more,]” and inserting: “, or any city of the third class attains the population of 5,000 or more,”.
Amend sec. 3, page 2, by deleting lines 14 through 16 and inserting:
“first or second class, [as the case may be,]and the city thus changed is governed by the provisions of this chapter [,] applicable to cities of the higher class.”.
Amend the bill as a whole by deleting sections 4 through 14 and renumbering sections 15 and 16 as sections 4 and 5.
Amend sec. 15, page 6, line 8, after “duties.” by inserting:
“Such an advisory committee must include a member of the Committee on Local Government Finance and representatives of the Nevada League of Cities and Municipalities, the Nevada Association of Counties and the Nevada Taxpayers Association, or their successor organizations.”.
Amend sec. 15, page 6, line 23, by deleting “and”.
Amend sec. 15, page 6, line 25, by deleting “town.” and inserting:
“town; and
(d) Consider existing statutes governing incorporated cities and unincorporated towns, including, without limitation, population data, governmental structure and operations, and any other matter that the subcommittee determines is relevant to the study.”.
Amend the bill as a whole by deleting the text of repealed sections.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to the Concurrent Committee on Elections, Procedures, and Ethics.
Assembly Bill No. 538.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 162.
Amend section 1, page 1, line 8, after “regulations” by inserting: “prepared by the board and”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 659.
Bill read second time and ordered to third reading.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Assembly Bill No. 173, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Health and Human Services.
Ellen M. Koivisto, Chairman
general file and third reading
Assembly Bill No. 44.
Bill read third time.
The following amendment was proposed by Assemblymen Giunchigliani and Goldwater:
Amendment No. 182.
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 616A.425 is hereby amended to read as follows:
616A.425 1. There is hereby established in the state treasury the fund for workers’ compensation and safety as a special revenue fund. All money received from assessments levied on insurers and employers by the administrator pursuant to NRS 232.680 must be deposited in this fund.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the division for functions supported in whole or in part from the fund must be delivered to the custody of the state treasurer for deposit to the credit of the fund.
3. All money and securities in the fund must be used to defray all costs and expenses of administering the program of workmen’s compensation, including the payment of:
(a) All salaries and other expenses in administering the division of industrial relations, including the costs of the office and staff of the administrator.
(b) All salaries and other expenses of administering NRS 616A.435 to 616A.460, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner.
(c) The salary and other expenses of a full-time employee of the legislative counsel bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.
(d) All salaries and other expenses of the fraud control unit for industrial insurance established pursuant to NRS 228.420.
(e) Claims against uninsured employers arising from compliance with NRS 616C.220 and 617.401.
(f) [All salaries and expenses of the members of the legislative committee on workers’ compensation and any other expenses incurred by the committee in carrying out its duties pursuant to NRS 218.5375 to 218.5378, inclusive.
(g)] That portion of the salaries and other expenses of the office for consumer health assistance established pursuant to NRS 223.550 that is related to providing assistance to consumers and injured employees concerning workers’ compensation.
4. The state treasurer may disburse money from the fund only upon written order of the controller.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.
6. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any insurer or employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.”.
Amend the bill as a whole by deleting sec. 3.
Amend the bill as a whole by deleting sec. 5 and adding new sections designated sections 5 through 9, and the leadlines of repealed sections, following sec. 4, to read as follows:
“Sec. 5. NRS 616C.260 is hereby amended to read as follows:
616C.260 1. All fees and charges for accident benefits must not:
(a) Exceed the [fees and charges] amounts usually billed and paid in the state for similar treatment.
(b) Be unfairly discriminatory as between persons legally qualified to provide the particular service for which the fees or charges are asked.
2. The administrator shall, giving consideration to the fees and charges being billed and paid in the state, establish a schedule of reasonable fees and charges allowable for accident benefits provided to injured employees whose insurers have not contracted with an organization for managed care or with providers of health care services pursuant to NRS 616B.527. The administrator shall review and revise the schedule on or before [October] February 1 of each year. [The administrator may increase or decrease ] In the revision, the administrator shall adjust the schedule[, but shall not increase the schedule by any factor greater than] by the corresponding annual [increase] change in the Consumer Price Index, Medical Care Component . [, unless the advisory council of the division approves such an increase.]
3. The administrator [may request] shall designate a vendor who compiles data on a national basis concerning fees and charges that are billed and paid for treatment or services similar to the treatment and services that qualify as accident benefits in this state to provide him with such information as he deems necessary to carry out the provisions of subsection 2. The designation must be made pursuant to reasonable competitive bidding procedures established by the administrator. In addition, the administrator may request a health insurer, health maintenance organization or provider of accident benefits, an agent or employee of such a person, or an agency of the state[,] to provide the administrator with [such] information concerning fees and charges that are billed and paid in this state for similar services as he deems necessary to carry out the provisions of subsection 2. The administrator shall require a [person or entity providing] health insurer, health maintenance organization or provider of accident benefits, an agent or employee of such a person, or an agency of the state that provides records or reports of fees [charged] and charges billed and paid pursuant to this section to provide interpretation and identification concerning the information delivered. The administrator may impose an administrative fine of $500 on a health insurer, health maintenance organization or provider of accident benefits, or an agent or employee of such a person for each refusal to provide the information requested pursuant to this subsection.
4. The division may adopt reasonable regulations necessary to carry out the provisions of this section. The regulations must include provisions concerning:
(a) Standards for the development of the schedule of fees and charges[;] that are billed and paid;
(b) The periodic revision of the schedule; and
(c) The monitoring of compliance by providers of benefits with the adopted schedule of fees and charges.
5. The division shall adopt regulations requiring the [utilization] use of a system of billing codes as recommended by the American Medical Association.
Sec. 6. NRS 232.680 is hereby amended to read as follows:
232.680 1. The cost of carrying out the provisions of NRS 232.550 to 232.700, inclusive, and of supporting the division, a full-time employee of the legislative counsel bureau[,] and the fraud control unit for industrial insurance established pursuant to NRS 228.420 , [and the legislative committee on workers’ compensation created pursuant to NRS 218.5375,] and that portion of the cost of the office for consumer health assistance established pursuant to NRS 223.550 that is related to providing assistance to consumers and injured employees concerning workers’ compensation, must be paid from assessments payable by each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265, based upon expected annual expenditures for claims for injuries occurring on or after July 1, 1999. The division shall adopt regulations [which] that establish formulas of assessment which result in an equitable distribution of costs among the insurers and employers who provide accident benefits for injured employees. The formulas may utilize actual expenditures for claims.
2. Federal grants may partially defray the costs of the division.
3. Assessments made against insurers by the division after the adoption of regulations must be used to defray all costs and expenses of administering the program of workers’ compensation, including the payment of:
(a) All salaries and other expenses in administering the division, including the costs of the office and staff of the administrator.
(b) All salaries and other expenses of administering NRS 616A.435 to 616A.460, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner of insurance.
(c) The salary and other expenses of a full-time employee of the legislative counsel bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.
(d) All salaries and other expenses of the fraud control unit for industrial insurance established pursuant to NRS 228.420.
(e) Claims against uninsured employers arising from compliance with NRS 616C.220 and 617.401.
(f) [All salaries and expenses of the members of the legislative committee on workers’ compensation and any other expenses incurred by the committee in carrying out its duties pursuant to NRS 218.5375 to 218.5378, inclusive.
(g)] That portion of the salaries and other expenses of the office for consumer health assistance established pursuant to NRS 223.550 that is related to providing assistance to consumers and injured employees concerning workers’ compensation.
Sec. 7. NRS 218.5375, 218.5376, 218.5377 and 218.5378 are hereby repealed.
Sec. 8. Notwithstanding the amendatory provisions of section 1 of this act, the administrator of the division of industrial relations of the department of business and industry is not required to designate a vendor that compiles data on a national basis concerning fees and charges that are billed and paid for certain treatment and services pursuant to section 1 of this act in sufficient time to ensure that the schedule of reasonable fees and charges allowable for accident benefits that must be revised on or before February 1, 2002, includes the data obtained from that vendor, but shall use his best efforts to do so.
Sec. 9. 1. This section becomes effective upon passage and approval.
2. Section 1 of this act becomes effective:
(a) Upon passage and approval for the purpose of requiring the administrator to designate a vendor whocompiles data on a national basis concerning fees and charges that are billed and paid for treatment or services similar to the treatment and services that qualify as accident benefits in this state to provide the administrator with such information as he deems necessary to carry out the provisions of subsection 2 of section 1 of this act.
(b) On July 1, 2001, for all other purposes.
3. Sections 2 to 8, inclusive, of this act become effective on July 1, 2001.
LEADLINES OF REPEALED SECTIONS
218.5375 Creation; membership; chairman and vice chairman; vacancies.
218.5376 Meetings; compensation of members.
218.5377 Powers of committee.
218.5378 Fees and mileage for witnesses.”.
Amend the title of the bill to read as follows:
“AN ACT relating to industrial insurance; abolishing the legislative committee on workers’ compensation; revising the provisions governing maintenance of files of claims at the office of an insurer; requiring the administrator of the division of industrial relations of the department of business and industry to designate a vendor of certain data to assist the administrator in the establishment and revision of a schedule of reasonable fees for accident benefits; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning industrial insurance. (BDR 53‑772)”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 26.
Bill read third time.
Remarks by Assemblymen Giunchigliani and Koivisto.
Potential conflict of interest declared by Assemblywoman Koivisto.
Roll call on Assembly Bill No. 26:
Yeas—42.
Nays—None.
Assembly Bill No. 26 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 48.
Bill read third time.
Remarks by Assemblyman Dini.
Roll call on Assembly Bill No. 48:
Yeas—42.
Nays—None.
Assembly Bill No. 48 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 113.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 113:
Yeas—37.
Nays—Bache, Goldwater, Koivisto, Leslie, Perkins—5.
Assembly Bill No. 113 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 394.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 394:
Yeas—42.
Nays—None.
Assembly Bill No. 394 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 406.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Assembly Bill No. 406:
Yeas—42.
Nays—None.
Assembly Bill No. 406 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 441.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 441:
Yeas—42.
Nays—None.
Assembly Bill No. 441 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 534.
Bill read third time.
Remarks by Assemblyman Dini.
Roll call on Assembly Bill No. 534:
Yeas—42.
Nays—None.
Assembly Bill No. 534 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 587.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Assembly Bill No. 587:
Yeas—42.
Nays—None.
Assembly Bill No. 587 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Resolutions Nos. 8, 9; Senate Concurrent Resolutions Nos. 29, 30.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to Meagan Hauser.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Dottie Spinetta, Bea Wiemann, Joyce Patterson, Linda Devon, Mary Fisher and Augie Strauss.
On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Senator Steve Rauchenberger.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Debbie Davis.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Summer Lee.
On request of Assemblywoman McClain, the privilege of the floor of the Assembly Chamber for this day was extended to Robson Hauser.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Shana Kain and Shilo Wheeler.
On request of Assemblywoman Tiffany, the privilege of the floor of the Assembly Chamber for this day was extended to Ronald W. Garland.
Assemblywoman Buckley moved that the Assembly adjourn until Wednesday, April 11, 2001 at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:19 p.m.
Approved:Richard D. Perkins
Attest: Jacqueline Sneddon