NEVADA LEGISLATURE

THE ONE HUNDRED AND SEVENTH DAY

Carson City (Tuesday), May 22, 2001

Assembly called to order at 11:20 a.m.

Mr. Speaker presiding.

Roll called.

All present.

Prayer by the Chaplain, Dr. Marvin Dennis.

God, You have given us another day to touch You; but more importantly, You have given us another day in which You can touch us. God, I ask that You will give Your blessing and presence to each of these who faithfully serve and give of themselves for our great state. May our lives reflect the fact that You have touched us with Your blessings. In the Name of my Wonderful Lord.

Amen.

Pledge of allegiance to the Flag.

Assemblyman Parks 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 were referred Senate Bills Nos. 6, 153, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Commerce and Labor, to which was referred Senate Bill No. 307, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and re-refer to the Committee on Ways and Means.

Also, your Committee on Commerce and Labor, to which were referred Senate Bills Nos. 274, 418, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Commerce and Labor, to which was referred Senate Bill No. 330, 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 were referred Senate Bills Nos. 27, 466, 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 Concurrent Committee on Elections, Procedures, and Ethics, to which was referred Senate Bill No. 65, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Chris Giunchigliani, Chairman

Mr. Speaker:

Your Committee on Government Affairs, to which was referred Senate Bill No. 135, 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 Senate Bill No. 228, 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 were referred Senate Bills Nos. 298, 560, 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 Senate Bill No. 299, 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 were referred Senate Bills Nos. 38, 531, 556, 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 Government Affairs, to which were referred Senate Bills Nos. 202, 530, 552, 568, 569, 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 Government Affairs, to which was referred Senate Bill No. 401, 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 Senate Bill No. 406, 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 were referred Assembly Bill No. 666; Senate Bill No. 336, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Judiciary, to which was referred Senate Bill No. 546, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Judiciary, to which were referred Senate Bills Nos. 25, 412, 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 were referred Senate Bills Nos. 301, 548, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson, Chairman

Mr. Speaker:

Your Concurrent Committee on Judiciary, to which was referred Senate Bill No. 488, has had the same under consideration, and begs leave to report the same back with the recommendation: Without recommendation, and re-refer to the Committee on Ways and Means.

Bernie Anderson, Chairman

Mr. Speaker:

Your Committee on Taxation, to which were referred Senate Bills Nos. 39, 122, 227, 381, 499, 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 Taxation, to which was referred Senate Bill No. 238, 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 Taxation, to which were referred Senate Bills Nos. 317, 557, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David E. Goldwater, Chairman

Mr. Speaker:

Your Committee on Transportation, to which was referred Senate Bill No. 524, 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 Senate Bill No. 288, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Transportation, to which was referred Senate Bill No. 303, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne S. Chowning, Chairman

Mr. Speaker:

Your Committee on Ways and Means, to which were re-referred Assembly Bills Nos. 52, 250, 630, 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 Ways and Means, to which were referred Assembly Bills Nos. 234, 278, 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 Ways and Means, to which was re-referred Assembly Bill No. 641, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Also, your Committee on Ways and Means, to which were referred Senate Bills Nos. 196, 249, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Ways and Means, to which was re-referred Senate Bill No. 525, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

Mr. Speaker:

Your Concurrent Committee on Ways and Means, to which was referred Senate Bill No. 26, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

REPORTS OF SElect COMMITTEES

Mr. Speaker:

Your Select Committee on Energy, to which was referred Assembly Bill No. 661, 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 Select Committee on Energy, to which were referred Senate Bills Nos. 211, 372, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Douglas A. Bache, Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 18, 2001

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 210, 364, 375, 458, 537, 571, 629; Assembly Joint Resolutions Nos. 7, 12, 13; Assembly Joint Resolutions Nos. 13, 26 of the 70th Session.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 47, Amendment No. 705; Assembly Bill No. 48, Amendment No. 802; Assembly Bill No. 154, Amendment No. 708; Assembly Bill No. 173, Amendment No. 716; Assembly Bill No. 214, Amendment No. 758; Assembly Bill No. 243, Amendment No. 701; Assembly Bill No. 277, Amendment No. 752; Assembly Bill No. 279, Amendment No. 706; Assembly Bill No. 345, Amendment No. 704; Assembly Bill No. 363, Amendment No. 707; Assembly Bill No. 415, Amendment No. 711; Assembly Bill No. 433, Amendment No. 702, and respectfully requests your honorable body to concur in said amendments.

Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 2.

Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 699 to Senate Bill No. 91.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Notice Of Exemption

May 22, 2001

The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Senate Bill No. 500.

Mark Stevens

Fiscal Analysis Division

Notice of Waiver

A Waiver requested by Senator William R. O’Donnell.

For: A New BDR No. 58-1557 concerning: Make various changes to provisions governing fully regulated carriers.

To Waive:

Subsection 1 of Joint Standing Rule No. 14 (2 BDRs from Assemblymen and 4 BDRs from Senators requested by 8th day).

Subsection 2 of Joint Standing Rule No. 14 (50 BDRs for committees of each house requested by 22nd day).

Subsection 1 of Joint Standing Rule No. 14.2 (dates for introduction of BDRs requested by individual legislators and committees).

Subsection 1 of Joint Standing Rule No. 14.3 (out of final committee of house of origin by 71st day).

Subsection 2 of Joint Standing Rule No. 14.3 (out of house of origin by 82nd day).

Subsection 3 of Joint Standing Rule No. 14.3 (out of final committee of 2nd house by 106th day).

Subsection 4 of Joint Standing Rule No. 14.3 (out of 2nd house by 113th day).

Subsections 1 and 2 of Joint Standing Rule No. 14 and Joint Standing Rules Nos. 14.2 and 14.3 (all of the above).

Has been granted effective: May 18, 2001.

William J. Raggio Richard D. Perkins

Senate Majority Leader Speaker of the Assembly

Assemblywoman Buckley moved that the reading of histories on all Bills on the Second Reading File and the General File be dispensed with for this legislative day.

Motion carried.

Assemblywoman Buckley moved that Assembly Bill No. 666; Senate Bills Nos. 25, 26, 27, 38, 39, 65, 122, 196, 202, 211, 227, 238, 249, 288, 298, 299, 301, 303, 317, 330, 336, 372, 381, 406, 412, 466, 499, 524, 530, 531, 546, 548, 552, 556, 557, 560, 568 and 569 be placed on the Second Reading File.

Motion carried.

Assemblywoman Buckley moved that Assembly Bill No. 641; Senate Bill No. 525 be placed on the General File.

Motion carried.

Assemblyman Dini moved that Senate Bill No. 101 be taken from the Second Reading File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Dini.

Motion carried.

Assemblyman Anderson moved that Senate Bill No. 519 be taken from the Chief Clerk’s desk and placed at the top of the General File.

Remarks by Assemblyman Anderson.

Motion carried.

Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 11:38 a.m.

ASSEMBLY IN SESSION

At 12:05 p.m.

Mr. Speaker presiding.

Quorum present.

SECOND READING AND AMENDMENT

Senate Bill No. 48.

Bill read second time and ordered to third reading.

Senate Bill No. 49.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 741.

Amend sec. 20, page 3, line 4, after “trusts;” by inserting “or”.

Amend sec. 20, page 3, by deleting lines 7 and 8 and inserting “104A.2532, inclusive.”.

Amend sec. 21, page 3, line 15, before “The” by inserting “1.”.

Amend sec. 21, page 3, between lines 17 and 18, by inserting:

“2. The provisions of section 101(c) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 101 et seq., apply under this chapter to a transaction in which a natural person acquires goods or services that are used primarily for personal, family or household purposes.”.

Amend sec. 24, pages 3 and 4, by deleting lines 47 through 49 on page 3 and lines 1 through 4 on page 4, and inserting:

“electronic means and a law requires that a contract or other record relating to the transaction be in writing, the legal effect, validity or enforceability of the contract or other record may be denied if an electronic record of the contract or other record is not in a form that is capable of being retained and accurately reproduced for later reference by all parties or other persons who are entitled to retain the contract or record.”.

Amend sec. 24, page 4, line 11, by deleting “4,” and inserting “6,”.

Amend sec. 24, page 4, by deleting lines 19 through 24 and inserting:

“4. A requirement that a notice be in writing is not satisfied by providing or delivering the notice electronically if the notice is a notice of:

(a) The cancellation or termination of service by a public utility;

(b) Default, acceleration, repossession, foreclosure or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of a natural person; (c) The cancellation or termination of a policy of health insurance, benefits received pursuant to a policy of health insurance or benefits received pursuant to a policy life insurance, excluding annuities; or

(d) The recall of a product, or material failure of a product, that risks endangering the health or safety of a person.

5. A requirement that a document be in writing is not satisfied by providing or delivering the document electronically if the document is required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.

6. The requirements of this section may not be varied by agreement, but:

(a) To the extent a law other than this chapter requires that a contract or other record relating to a transaction to be in writing but permits that requirement to be varied by agreement, the provisions of subsection 1 concerning the denial of the legal effect, validity or enforceability of a contract or other record relating to a transaction”.

Amend sec. 28, page 5, by deleting line 29 and inserting:

“(b) Remains accessible to all persons who are legally entitled to access to the record, for the period required by law, in a form that is capable of being accurately reproduced for later reference.”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 61.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 729.

Amend sec. 5, page 9, line 46, by deleting “[is at” and inserting “is [at”.

Amend sec. 9, page 13, line 10, by deleting “In” and inserting:

“Except as otherwise provided in this subsection, in”.

Amend sec. 9, page 13, line 15, after “work.” by inserting:

“If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection relating to preference in bidding on public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that public work.”.

Amend sec. 14, page 16, line 48, by deleting “In” and inserting:

“Except as otherwise provided in this subsection, in”.

Amend sec. 14, page 17, line 4, after “project.” by inserting:

“If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular project because of the provisions of this subsection relating to preference in bidding on public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that project.”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that Senate Bill No. 62 be taken from its position on the Second Reading File and placed at the bottom of the Second Reading File.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 70.

Bill read second time and ordered to third reading.

Senate Bill No. 144.

Bill read second time and ordered to third reading.

Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 12:13 p.m.

ASSEMBLY IN SESSION

At 12:15 p.m.

Mr. Speaker presiding.

Quorum present.

Senate Bill No. 150.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 775.

Amend section 1, page 1, between lines 11 and 12, by inserting:

“(e) Designating an animal as inherently dangerous and requiring the owner of such an animal to obtain a policy of liability insurance for the animal in an amount determined by the board of county commissioners.”.

Amend section 1, page 2, line 4, after “offense.” by inserting:

“As used in this subsection, “horse tripping” does not include tripping a horse to provide medical or other health care for the horse.”.

Amend the title of the bill, first line, after “commissioners” by inserting:

“to designate an animal as inherently dangerous and”.

Amend the summary of the bill to read as follows:

“SUMMARY─Authorizes board of county commissioners to designate animal as inherently dangerous and to provide for civil liability for person who violates certain ordinances relating to control of animals. (BDR 20-413)”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

SECOND READING AND AMENDMENT

Senate Bill No. 156.

Bill read second time and ordered to third reading.

Senate Bill No. 175.

Bill read second time and ordered to third reading.

Senate Bill No. 222.

Bill read second time and ordered to third reading.

Senate Bill No. 250.

Bill read second time and ordered to third reading.

Senate Bill No. 252.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 835.

Amend sec. 23, page 8, line 42, by deleting “letters, riders” and inserting “letters”.

Assemblyman Dini moved the adoption of the amendment.

Remarks by Assemblyman Dini.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 255.

Bill read second time and ordered to third reading.

Senate Bill No. 257.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 725.

Amend sec. 3, pages 4 and 5, by deleting lines 1 through 48 on page 4 and lines 1 through 36 on page 5, and inserting:

“Sec. 3. NRS 482.3753 is hereby amended to read as follows:

482.3753 1. Except as otherwise provided in this section, the department, in cooperation with professional full-time salaried fire fighters in the State of Nevada, shall design, prepare and issue license plates that recognize current or former employment as a professional full-time salaried fire fighter using any colors and designs which the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

2. The department shall issue license plates that recognize current or former employment as a professional full-time salaried fire fighter for a passenger car or a light commercial vehicle upon application by a qualified person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that recognize current or former employment as a professional full-time salaried fire fighter if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that recognize current or former employment as a professional full-time salaried fire fighter.

3. An application for the issuance or renewal of license plates that recognize current or former employment as a professional full-time salaried fire fighter is void unless it is accompanied by documentation which, in the determination of the department, provides reasonable proof of the identity of the applicant and proof of his [current] :

(a) Current employment as a professional full-time salaried fire fighter ; or [his status]

(b) Status as a [retired] former professional full-time salaried fire fighter[. Such documentation may include, but is not limited to:] who retired from employment after completing at least 10 years of creditable service as a fire fighter within this state with:

(1) A fire department; or

(2) A federal or state agency, the duties of which involve the prevention and suppression of fires, including, without limitation, the Bureau of Land Management and the division of forestry of the state department of conservation and natural resources.

4. Proof of an applicant’s current or former employment as a professional full-time salaried fire fighter must consist of:

(a) An identification card [which indicates that the applicant is currently employed as a professional fire fighter or is currently a member of a fire-fighters’ union; or

(b) Evidence of his] issued by the Professional Fire Fighters of Nevada or its successor;

(b) An identification card issued by the Nevada Fire Chiefs Association or its successor; or

(c) A letter certifying the applicant’s current or former employment as a professional full-time salaried fire fighter [.

4.], which letter must be from:

(1) The Professional Fire Fighters of Nevada or its successor;

(2) The Nevada Fire Chiefs Association or its successor; or

(3) The chief officer of a federal or state agency, the duties of which involve the prevention and suppression of fires, including, without limitation, the Bureau of Land Management and the division of forestry of the state department of conservation and natural resources.

5. The fee payable to the department for license plates that recognize current or former employment as a professional full-time salaried fire fighter is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the department of $10 in addition to all other applicable registration and license fees and governmental services taxes.

[5.]6. In addition to all other applicable registration and license fees and governmental services taxes and the fees prescribed in subsection 5, a person who requests a set of license plates that recognize current or former employment as a professional full-time salaried fire fighter must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to support facilities for the treatment of burns which are located within this state.

7. The department shall deposit the fees collected pursuant to subsection 6 with the state treasurer for credit to the state general fund. The state treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection in equal shares to each facility for the treatment of burns that is located within this state.

8. If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, [he may retain the plates and:

(a) Affix] the holder shall:

(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

(b) Within 30 days after removing the plates from the vehicle, return them to the department.

[6.] 9. As used in this section[, “retired professional] :

(a) “Facility for the treatment of burns” means a facility that:

(1) Offers specialized services for the treatment of injuries resulting from burns; and

(2) Is part of or located within a hospital that has a center for the treatment of trauma which is designated as a level I center by the administrator of the health division of the department of human resources.

(b) “Professional full-time salaried fire fighter” means a person [who retired from employment with a fire department within this state after completing at least 10 years of creditable service as a fire fighter within this state.] employed in this state in a full-time salaried occupation of fire fighting for the benefit or safety of the public.”.

Amend the bill as a whole by renumbering sections 5 through 7 as sections 6 through 8 and adding a new section designated sec. 5, following sec. 4, to read as follows:

“Sec. 5. Sections 2 and 3 of Senate Bill No. 414 of this session are hereby amended to read as follows:

Sec. 2. NRS 482.216 is hereby amended to read as follows:

482.216 1. Upon the request of a new vehicle dealer, the department may authorize the new vehicle dealer to:

(a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;

(b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

(c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

2. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

(a) Transmit the applications he receives to the department within the period prescribed by the department;

(b) Transmit the fees he collects from the applicants and properly account for them within the period prescribed by the department;

(d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

3. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

(a) Charge any additional fee for the performance of those services;

(b) Receive compensation from the department for the performance of those services;

(d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

(1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive, [and] section 1 of Senate Bill No. 257 of this [act;] session and section 1 of this act; or

(2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

4. The director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

(a) The expedient and secure issuance of license plates and decals by the department; and

(b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the department.

Sec. 3. NRS 482.500 is hereby amended to read as follows:

482.500 1. Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:

For a certificate of registration............................................................ $5.00

For every substitute number plate or set of plates.......................... $5.00

For every duplicate number plate or set of plates........................... $10.00

For every decal displaying a county name....................................... .50

For every other decal, license plate sticker or tab........................... $5.00

2. The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

(a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, and section 1 of Senate Bill No. 257 of this [act,] session, or 482.379 to 482.3816, inclusive, and section 1 of this act, a fee of $10.

(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

(c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.

3. A fee must not be charged for a duplicate or substitute of a decal [requested] issued pursuant to NRS 482.37635.

4. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.

5. As used in this section:

(a) “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.

(b) “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.”.

Amend sec. 5, page 6, by deleting lines 38 through 43.

Amend sec. 5, page 6, line 44, by deleting “3.” and inserting “2.”.

Amend sec. 5, page 7, by deleting lines 1 through 5 and inserting:

“3. Shall not accept an application for the renewal of a license plate issued pursuant to NRS 482.3753 that is not accompanied by the required proof of eligibility.”.

Amend sec. 7, page 7, by deleting line 10 and inserting:

“Sec. 8. 1. This section and sections 1 and 4 to 7, inclusive, of this act become”.

Amend the title of the bill, fifth line, after “as a” by inserting “professional”.

Amend the summary of the bill to read as follows:

“SUMMARY—Provides for issuance of special license plates recognizing current or former service as volunteer fire fighter and revises provisions relating to special license plates indicating employment as current or former professional full-time salaried fire fighter. (BDR 43‑505)”.

Assemblywoman Chowning moved the adoption of the amendment.

Remarks by Assemblywoman Chowning.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 273.

Bill read second time and ordered to third reading.

Senate Bill No. 349.

Bill read second time and ordered to third reading.

Senate Bill No. 357.

Bill read second time and ordered to third reading.

Senate Bill No. 376.

Bill read second time and ordered to third reading.

Senate Bill No. 380.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 808.

Amend the bill as a whole by deleting sections 2 and 3, renumbering sec. 4 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:

“Sec. 2. Section 2 of Assembly Bill No. 656 of this session is hereby repealed.”.

Amend the text of repealed section by deleting the text of NRS 612.687 and adding the text of section 2 of Assembly Bill No. 656 of this session.

Amend the title of the bill by deleting the third and fourth lines and inserting: “and providing other matters”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Bache moved that action whereby Senate Bill No. 380 was referred to the Concurrent Committee on Government Affairs be rescinded.

Motion carried.

Assemblywoman Freeman moved that Senate Bill No. 191 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblywoman Freeman.

Motion carried.

Assemblywoman Chowning moved that Senate Bill No. 260 be taken from the Chief Clerk’s desk and placed on the General File.

Remarks by Assemblywoman Chowning.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 389.

Bill read second time and ordered to third reading.

Senate Bill No. 397.

Bill read second time.

The following amendment was proposed by the Committee on Health and Human Services:

Amendment No. 885.

Amend sec. 29, page 12, line 13, by deleting “physician’s” and inserting “physician”.

Amend sec. 29, page 12, line 27, by deleting “physician’s” and inserting “physician”.

Amend sec. 29, page 12, line 29, by deleting “physician’s” and inserting “physician”.

Amend sec. 29, page 12, line 32, by deleting “physician’s” and inserting “physician”.

Amend the bill as a whole by renumbering sections 49 and 50 as sections 51 and 52 and adding new sections designated sections 49 and 50, following sec. 48, to read as follows:

“Sec. 49. Section 12 of Senate Bill No. 52 of this session is hereby amended to read as follows:

Sec. 12. NRS 453.381 is hereby amended to read as follows:

453.381 1. In addition to the limitations imposed by NRS 453.256 and sections 2 to 12, inclusive, of Senate Bill No. 397 of this [act,] session, a physician, physician assistant, dentist , advanced practitioner of nursing or podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself, his spouse or his children except in cases of emergency.

2. A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and he may cause them to be administered by a veterinary technician under his direction and supervision.

3. A euthanasia technician, within the scope of his license, and not for use by a human being, may possess and administer sodium pentobarbital.

4. A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the usual course of the professional practice of a physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian.

5. Any person who has obtained from a physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian any controlled substance for administration to a patient during the absence of the physician, physician assistant, dentist, advanced practitioner of nursing, podiatric physician or veterinarian shall return to him any unused portion of the substance when it is no longer required by the patient.

6. A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.

7. A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.

8. A person shall not dispense a controlled substance in violation of a regulation adopted by the board.

Sec. 50. Section 89 of Senate Bill No. 91 of this session is hereby repealed.”.

Amend sec. 50, page 20, by deleting line 19 and inserting:

“Sec. 52. 1. This section and sections 1 to 28, inclusive, and 30 to 51, inclusive, of this act become effective on July 1, 2001.

2. Section 29 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.

Amend the bill as a whole by adding the text of the repealed section, following sec. 50, to read as follows:

“

TEXT OF REPEALED SECTION

Section 89 of Senate Bill No. 91 of this session:

Sec. 89. Section 12 of Senate Bill No. 52 of this session is hereby amended to read as follows:

Sec. 12. NRS 453.381 is hereby amended to read as follows:

453.381 1. In addition to the limitations imposed by NRS 453.256, a physician, physician assistant, dentist , advanced practitioner of nursing or podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself, his spouse or his children except in cases of emergency.

3. A euthanasia technician, within the scope of his license, and not for use by a human being, may possess and administer sodium pentobarbital.

7. A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.

8. A person shall not dispense a controlled substance in violation of a regulation adopted by the board.”.

Assemblywoman Koivisto moved the adoption of the amendment.

Remarks by Assemblywoman Koivisto.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 415.

Bill read second time and ordered to third reading.

Senate Bill No. 480.

Bill read second time and ordered to third reading.

Senate Bill No. 483.

Bill read second time.

The following amendment was proposed by the Committee on Health and Human Services:

Amendment No. 723.

Amend the bill as a whole by deleting section 1, renumbering sections 2 through 7 as sections 6 through 11 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:

“Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

Sec. 2. “Facility for refractive laser surgery” means a freestanding facility that provides limited medical services for the evaluation of patients with refractive errors of the eye and the surgical treatment of those patients by photorefractive keratectomy or laser in situ keratomeleusis.

Sec. 3. “Mobile unit” means a motor vehicle, other than a vehicle operated under the authority of a permit issued pursuant to chapter 450B of NRS, that is specially designed, constructed and equipped to provide any of the medical services provided by a medical facility described in subsections 1 to 13, inclusive, of NRS 449.0151.

Sec. 4. 1. Except as otherwise provided in section 5 of this act, each facility for refractive laser surgery shall, when applying for a license or renewing a license, file with the administrator of the health division a surety bond:

(a) If the facility employs less than seven employees, in the amount of $10,000;

(b) If the facility employs at least seven but not more than 25 employees, in the amount of $50,000; or

2. A bond filed pursuant to this section must be executed by the facility as principal and by a surety company as surety. The bond must be payable to the health division and must be conditioned to provide indemnification to a patient of the facility who the administrator of the health division or his designee determines has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.

3. Except when a surety is released, the surety bond must cover the period of the initial license to operate or the period of the renewal, as appropriate.

4. A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the administrator of the health division, but the release does not discharge or otherwise affect any claim filed by a patient for any damages sustained as a result of the bankruptcy of or any breach of contract by the facility while the bond was in effect.

5. The license of a facility for refractive laser surgery is suspended by operation of law when the facility is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to section 5 of this act. The administrator of the health division shall give the facility at least 20 days’ written notice before the release of the surety or the substitute for the surety, to the effect that the license will be suspended by operation of law until another surety bond is filed or substitute for the surety bond is deposited in the same manner and amount as the bond or substitute being terminated.

Sec. 5. 1. As a substitute for the surety bond required pursuant to section 4 of this act, a facility for refractive laser surgery may deposit with any bank or trust company authorized to do business in this state, upon approval of the administrator of the health division:

(a) An obligation of a bank, savings and loan association, thrift company or credit union licensed to do business in this state;

(b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or

(c) Any obligation of this state or any city, county, town, township, school district or other instrumentality of this state, or guaranteed by this state, in an aggregate amount, based upon principal amount or market value, whichever is lower.

2. The obligations of a bank, savings and loan association, thrift company or credit union must be held to secure the same obligation as would the surety bond required by section 4 of this act. With the approval of the administrator of the health division, the facility may substitute other suitable obligations for those deposited, which must be assigned to the health division and are negotiable only upon approval of the administrator of the health division.

3. Any interest or dividends earned on the deposit accrue to the account of the facility.

4. The deposit must be an amount at least equal to the surety bond required by section 4 of this act and must state that the amount may not be withdrawn except by the direct and sole order of the administrator of the health division.”.

Amend sec. 2, page 1, line 11, by deleting “section 1” and inserting:

“sections 2 and 3”.

Amend sec. 3, page 2, line 5, by deleting “and”.

Amend sec. 3, page 2, line 6, after “14.” by inserting:

“A facility for refractive laser surgery; and

15.”.

Amend sec. 4, page 2, line 10, after “inclusive,” by inserting:

“and sections 2 to 5, inclusive, of this act”.

Amend sec. 4, page 2, line 18, after “(d)” by inserting:

“Regulations establishing a procedure for the indemnification by the health division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive laser surgery pursuant to section 4 or 5 of this act, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.

(e)”.

Amend sec. 4, page 2, line 19, by deleting “inclusive.” and inserting:

“inclusive[.] , and sections 2 to 5, inclusive, of this act.”.

Amend sec. 4, page 2, by deleting lines 25 through 29 and inserting:

“3. The board shall adopt separate regulations for [the] :

(a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.

(b) The licensure of facilities for refractive laser surgery which take into consideration the unique factors of operating such a facility.

Amend sec. 4, page 2, line 31, by deleting “5.” and inserting “4.”.

Amend sec. 4, page 2, line 35, by deleting “[5.] 6.” and inserting “5.”.

Amend sec. 4, page 2, line 40, by deleting “[6.] 7.” and inserting “6.”.

Amend sec. 4, page 3, line 13, by deleting “[7.] 8.” and inserting “7.”.

Amend sec. 5, page 3, line 32, by deleting “inclusive.” and inserting:

“inclusive[.] , and sections 2 to 5, inclusive, of this act.”.

Amend sec. 5, page 3, line 40, by deleting “[7] 8” and inserting “7”.

Amend sec. 5, page 3, line 43, by deleting “[7] 8” and inserting “7”.

Amend sec. 6, page 4, line 18, after “inclusive,” by inserting:

“and sections 2 to 5, inclusive, of this act”.

Amend sec. 7, page 4, by deleting line 20 and inserting:

“Sec. 11. This act becomes effective upon passage and approval for the purposes of adopting regulations and on July 1, 2001, for all other purposes.”.

Amend the title of the bill by deleting the second line and inserting:

“for the licensure of certain mobile units and facilities for refractive laser surgery as medical facilities; requiring facilities for refractive laser surgery to file a surety bond or deposit other security to provide indemnification to certain patients; and providing other matters”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires state board of health to license mobile medical facilities and facilities for refractive laser surgery. (BDR 40-1482)”.

Assemblywoman Koivisto moved the adoption of the amendment.

Remarks by Assemblywoman Koivisto.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 484.

Bill read second time and ordered to third reading.

Senate Bill No. 504.

Bill read second time and ordered to third reading.

Senate Bill No. 522.

Bill read second time and ordered to third reading.

Senate Bill No. 528.

Bill read second time and ordered to third reading.

Senate Bill No. 533.

Bill read second time and ordered to third reading.

Senate Bill No. 536.

Bill read second time and ordered to third reading.

Senate Bill No. 544.

Bill read second time.

The following amendment was proposed by the Committee on Health and Human Services:

Amendment No. 886.

Amend sec. 5, page 3, by deleting lines 12 through 32 and inserting:

“Sec. 5. NRS 639.0125 is hereby amended to read as follows:

639.0125 “Practitioner” means:

1. A physician, dentist, veterinarian or podiatric physician who holds a valid license to practice his profession in this state;

2. A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state;

3. An advanced practitioner of nursing who has been authorized to prescribe poisons, dangerous drugs and devices; [or]

4. A physician assistant who:

(a) Holds a license issued by the board of medical examiners; and

(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS ;[.]

5. An osteopathicphysician’s assistant who:

(a) Holds a certificate issued by the state board of osteopathic medicine; and

(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of anosteopathic physician as required by chapter 633 of NRS [.] ; or

6. An optometrist who is certified by the Nevada state board of optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when he prescribes or administers therapeutic pharmaceutical agents within the scope of his certification.”.

Amend the bill as a whole by renumbering sec. 13 as sec. 15 and adding new sections designated sections 13 and 14, following sec. 12, to read as follows:

“Sec. 13. Section 2 of Senate Bill No. 52 of this session is hereby amended to read as follows:

Sec. 2. NRS 639.0125 is hereby amended to read as follows:

639.0125 “Practitioner” means:

1. A physician, dentist, veterinarian or podiatric physician who holds a [valid] license to practice his profession in this state;

3. An advanced practitioner of nursing who has been authorized to prescribe controlled substances, poisons, dangerous drugs and devices;

4. A physician assistant who:

(a) Holds a license issued by the board of medical examiners; and

5. An osteopathicphysician’s assistant who:

(a) Holds a certificate issued by the state board of osteopathic medicine; and

Sec. 14. Section 81 of Senate Bill No. 91 of this session is hereby repealed.”.

Amend sec. 13, page 6, by deleting lines 45 and 46 and inserting:

“3. Sections 2, 3, 4, 6 to 10, inclusive, 13 and 14 of this act become effective on July 1, 2001.

4. Section 5 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.

Amend sec. 13, page 6, line 47, by deleting “4.” and inserting “5.”.

Amend the bill as a whole by adding the text of the repealed section, following sec. 13, to read as follows:

“

TEXT OF REPEALED SECTION

Section 81 of Senate Bill No. 91 of this session:

Sec. 81. Section 2 of Senate Bill No. 52 of this session is hereby amended to read as follows:

Sec. 2. NRS 639.0125 is hereby amended to read as follows:

639.0125 “Practitioner” means:

1. A physician, dentist, veterinarian or podiatric physician who holds a [valid] license to practice his profession in this state;

3. An advanced practitioner of nursing who has been authorized to prescribe controlled substances, poisons, dangerous drugs and devices; or

4. A physician assistant who:

(a) Holds a license issued by the board of medical examiners; and

5. An osteopathic physician’s assistant who:

(a) Holds a certificate issued by the state board of osteopathic medicine; and

(b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of an osteopathic physician as required by chapter 633 of NRS.”.

Assemblywoman Koivisto moved the adoption of the amendment.

Remarks by Assemblywoman Koivisto.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 566.

Bill read second time and ordered to third reading.

Senate Joint Resolution No. 11 of the 70th Session.

Resolution read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Anderson moved that Senate Bill No. 504 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Anderson.

Motion carried.

Assemblywoman Buckley moved that Senate Bill No. 357 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblywoman Buckley.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 666.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 865.

Amend the bill as a whole by renumbering sections 49 through 51 as sections 50 through 52 and adding a new section designated sec. 49, following sec. 48, to read as follows:

“Sec. 49. Section 37 of Senate Bill No. 91 of this session is hereby amended to read as follows:

Sec. 37. NRS 630.352 is hereby amended to read as follows:

630.352 1. Any member of the board, except for an advisory member serving on a panel of the board hearing charges, may participate in the final order of the board. If the board, after a formal hearing, determines from a preponderance of the evidence that a violation of the provisions of this chapter or of the regulations of the board has occurred, it shall issue and serve on the physician charged an order, in writing, containing its findings and any sanctions.

2. If the board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the physician that the charges have been dismissed. If the disciplinary proceedings were instituted against the physician as a result of a complaint filed against him, the board may provide the physician with a copy of the complaint . [, including the name of the person, if any, who filed the complaint.]

3. Except as otherwise provided in subsection 4, if the board finds that a violation has occurred, it may by order:

(a) Place the person on probation for a specified period on any of the conditions specified in the order;

(b) Administer to him a public reprimand;

(d) Suspend his license for a specified period or until further order of the board;

(e) Revoke his license to practice medicine;

(f) Require him to participate in a program to correct alcohol or drug dependence or any other impairment;

(g) Require supervision of his practice;

(h) Impose a fine not to exceed $5,000;

(i) Require him to perform community service without compensation;

(j) Require him to take a physical or mental examination or an examination testing his competence;

(k) Require him to fulfill certain training or educational requirements; and

(l) Require him to pay all costs incurred by the board relating to his disciplinary proceedings.

4. If the board finds that the physician has violated the provisions of NRS 439B.425, the board shall suspend his license for a specified period or until further order of the board.”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 25.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 866.

Amend section 1, page 1, line 2, by deleting:

“subsection [3,] 6,” and inserting:

“[subsection 3,] this section,”.

Amend section 1, page 1, line 9, by deleting “[or]” and inserting “or”.

Amend section 1, page 1, by deleting lines 11 through 14 and inserting “terminated,”.

Amend section 1, page 2, line 2, by deleting “[also]”.

Amend section 1, page 2, line 3, before “may” by inserting “also”.

Amend section 1, page 2, by deleting lines 7 through 22 and inserting:

“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 3, by deleting lines 6 through 10 and inserting:

“4.] 7. If the parental rights of either or both natural parents of a child are”.

Amend section 1, page 3, line 19, by deleting:

“, by a preponderance of the evidence,”.

Amend section 1, page 3, by deleting line 21, and inserting:

“paragraphs (a) to (j), inclusive, of subsection [3.] 6.”.

Amend section 1, page 3, line 22, by deleting “7.” and inserting “8.”.

Amend section 1, page 3, by deleting lines 31 through 35 and inserting:

“(3) If the petition is based on the provisions of subsection 2, after the”.

Amend section 1, page 3, line 37, by deleting “8.” and inserting “9.”.

Amend section 1, page 3, by deleting lines 41 through 45 and inserting:

“[7.] 10. For the purposes of this section, “separation” means:”.

Amend the bill as a whole by adding the following assemblywoman as a primary joint sponsor:

Assemblywoman Berman.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 26.

Bill read second time and ordered to third reading.

Senate Bill No. 27.

Bill read second time.

The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:

Amendment No. 861.

Amend section 1, page 1, line 5, by deleting “20-point” and inserting “14-point”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 38.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 825.

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. Section 6 of chapter 474, Statutes of Nevada 1977, as last amended by chapter 186, Statutes of Nevada 1995, at page 310, is hereby amended to read as follows:

Sec. 6. 1. Each member of the board shall file with the county clerk:

(a) His oath of office.

(b) A corporate surety bond furnished at the authority’s expense, in an amount not to exceed $5,000, and conditioned for the faithful performance of his duties as a member of the board.

2. No member of the board, during his term thereon, may hold any elective office, have any financial interest in the aviation industry or have a financial interest in any contract or other transaction with the board or the authority other than as that contract or transaction may be made available to a member of the general public in the course of the authority’s business.

3. Each member of the board is entitled to receive $560 per month.

4. A former member of the board may not:

(a) Enter into, submit a bid for or have a pecuniary interest in a contract with the authority; or

(b) Be employed by the authority,

until 1 year after the termination of his service on the board.

5. For the purposes of this section, “financial interest” means:

(a) Ownership of 10 percent or more of the capital stock or assets of any business entity, directly or through a member of the interested person’s household.

(b) Income amounting to 10 percent or more of the gross income of the interested person.”.

Amend the bill as a whole by renumbering sec. 3 as sec. 5 and adding a new section designated sec. 4, following sec. 2, to read as follows:

“Sec. 4. The prohibition set forth in subsection 4 of section 6 of chapter 474, Statutes of Nevada 1977, as last amended by section 2 of this act, applies to members of the board of trustees of the Airport Authority of Washoe County who are serving on or after July 1, 2001.”.

Amend the title of the bill, second line, after “trustees;” by inserting:

“prohibiting a former member of the board from entering into, bidding on or having a pecuniary interest in a contract with the authority or being employed by the authority until 1 year after the termination of his service on the board;”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 39.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 788.

Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:

“Whereas, Historically, the proceeds of the tax on jet fuel have been used to help support transportation infrastructure projects that are vital to an airport; and

Whereas, An increased use of Nevada’s airports causes corresponding increases in tourism and increases in the economic development of this state which are crucial to the economy of the State of Nevada and to the general welfare of the residents of this state; and

Whereas, Expanding the purposes for which the proceeds of the tax on jet fuel may be expended to include expenditures to promote the increased use of Nevada’s airports may reduce the amount of those proceeds that remains available to support the infrastructure projects that were historically reliant on this revenue source; and

Whereas, To ensure that sufficient proceeds are available to continue the historical financial support of transportation infrastructure projects, governmental entities may feel compelled to increase the rate of the tax which may lead to corresponding increases in the price of airline tickets; and

Whereas, The availability of affordable air service to and from Nevada is extremely important to the residents of this state, to business travelers and to tourists, and is therefore crucial to the vitality of Nevada’s tourism industry and economic development; and

Whereas, The amendment by this Legislature of NRS 365.545 to expand the authorized uses of the proceeds of the tax on jet fuel is intended to benefit the tourism industry and the economic development of this state, however, it is not the intent of the Legislature to authorize an unduly burdensome increase in the rate of this tax which would have a detrimental effect upon Nevada’s tourism industry and upon economic development and expansion in this state; and

Whereas, The Nevada Legislature trusts that the governmental entities which own the airports at which the tax on jet fuel is collected will, if considering such a tax increase, also consider the practical effect such an increase may have upon the price of air travel, the vitality of Nevada’s tourism industry and the economic development and expansion of this state generally; and

Whereas, The Nevada Legislature believes that it is imperative that representatives of these governmental entities consult with representatives of the airlines and with tourism and economic development officials when considering whether to use the proceeds from the tax on jet fuel to promote the increased use of the airport; now, therefore,”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 65.

Bill read second time and ordered to third reading.

Senate Bill No. 122.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 810.

Amend sec. 48, page 18, by deleting lines 33 and 34 and inserting:

“government pursuant to this section:

1. May only be used if the value of the lodging component of a package cannot be readily determined; and

2. Must not exceed an amount equal to the price paid by the transient guest for the package, minus the amount necessary for the operator to recoup the amount of the tax on transient lodging.”.

Amend sec. 64, page 32, line 32, by deleting “legislation” and inserting “statute”.

Amend sec. 64, page 32, by deleting lines 34 through 37 and inserting:

“affects the operation of existing local acts, ordinances, resolutions or regulations.”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assemblyman Goldwater moved that upon return from the printer Senate Bill No. 122 be placed on the Chief Clerk’s desk.

Remarks by Assemblyman Goldwater.

Motion carried.

Senate Bill No. 196.

Bill read second time and ordered to third reading.

Senate Bill No. 202.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 824.

Amend sec. 3, page 2, line 40, after “Deliver” by inserting “or mail”.

Amend sec. 3, page 2, line 43, by deleting “state” and inserting “employee”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 211.

Bill read second time and ordered to third reading.

Senate Bill No. 227.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 889.

Amend sec. 8, page 8, line 26, by deleting “2006,” and inserting “2005,”.

Amend sec. 9, page 8, line 49, by deleting “2006.” and inserting “2005.”.

Amend sec. 9, page 9, line 1, by deleting “2006.” and inserting “2005.”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 238.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 790.

Amend sec. 15, page 5, line 23, by deleting “commissioner” and inserting “recorder”.

Amend sec. 28, pages 9 and 10, by deleting lines 39 through 47 on page 9 and lines 1 through 42 on page 10, and inserting:

“1. [Any transaction wherein an interest in real property is encumbered for the purposes of securing a debt.] A mere change in identity, form or place of organization, such as a transfer between a corporation and its parent corporation, a subsidiary or an affiliated corporation if the affiliated corporation has identical common ownership.

2. A transfer of title to [or from] the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.

3. A transfer of title recognizing the true status of ownership of the real property.

4. A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.

5. A transfer of title to community property without consideration when held in the name of one spouse to both spouses as joint tenants or tenants in common, or as community property.

6. A transfer of title between spouses, including gifts.

7. A transfer of title between spouses to effect a property settlement agreement or between former spouses in compliance with a decree of divorce.

8. A transfer of title to or from a trust, if the transfer is made without consideration [.] , and is made to or from:

(a) The trustor of the trust;

(b) The trustor’s legal representative; or

As used in this subsection, “legal representative” has the meaning ascribed to it in NRS 167.020.

9. Transfers, assignments or conveyances of unpatented mines or mining claims.

10. A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.

11. A transfer, assignment or conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of consanguinity.

12. The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:

(a) Confirmed under the Bankruptcy Act, as amended, [Title 11 of U.S.C.;] 11 U.S.C. §§ 101 et seq.;

(b) Approved in an equity receivership proceeding involving a railroad , as defined in the Bankruptcy Act; or

(d) Whereby a mere change in identity, form or place of organization is effected, such as a transfer between a corporation and its parent corporation, a subsidiary of an affiliated corporation,]

if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 249.

Bill read second time and ordered to third reading.

Senate Bill No. 288.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 834.

Amend section 1, page 1, by deleting line 16 and inserting:

“less than 1 year and a maximum term of not more than [6] 15”.

Amend the title of the bill, third line, after “the” by inserting “maximum”.

Assemblywoman Chowning moved the adoption of the amendment.

Remarks by Assemblywoman Chowning.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 298.

Bill read second time and ordered to third reading.

Senate Bill No. 299.

Bill read second time and ordered to third reading.

Senate Bill No. 301.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 867.

Amend sec. 7, page 6, line 16, by deleting “association;” and inserting:

“association who are licensed or otherwise authorized by law to render professional service in this state;”.

Amend sec. 16, page 9, by deleting lines 3 and 4 and inserting:

“National Architectural Accrediting Board, any program of architecture in the State of Nevada or any architectural program approved by the state”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 303.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 726.

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. NRS 482.215 is hereby amended to read as follows:

482.215 1. All applications for registration, except applications for renewal of registration, must be made as provided in this section.

2. Applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department or to a registered dealer.

3. Each application must be made upon the appropriate form furnished by the department and contain:

(a) The signature of the owner.

(b) His residential address.

(c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the governmental services tax is to be paid.

(d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which it was issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.

(e) Proof satisfactory to the department or registered dealer that the applicant has provided the insurance required by NRS 485.185 and his signed declaration that he will maintain the insurance during the period of registration.

(f) If the insurance is provided by a contract of insurance, evidence of that insurance provided by the insurer in the form of:

(1) A certificate of insurance on a form approved by the commissioner of insurance; or

(2) A card issued pursuant to NRS 690B.023 which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185.

The department may file that evidence, return it to the applicant or otherwise dispose of it.

(g) If required, evidence of the applicant’s compliance with controls over emission.

4. The application must contain such other information as is required by the department or registered dealer, and must be accompanied by proof of ownership satisfactory to the department.

5. For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:

(a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

(b) Other fleets composed of 10 or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

(c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his certificate of self-insurance.

[(d) A person who qualifies for an operator’s policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.]”.

Amend section 1, page 2, by deleting lines 8 and 9 and inserting:

“Except as otherwise provided in subsection [8] 9 of NRS 485.317, to reinstate the registration of a motor vehicle suspended pursuant to that section:”.

Amend section 1, page 2, line 19, by deleting “Money” and inserting “The money”.

Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding a new section designated sec. 3, following section 1, to read as follows:

“Sec. 3. NRS 485.055 is hereby amended to read as follows:

485.055 1. “Motor vehicle liability policy” means an owner’s policy of liability insurance [or an operator’s policy of liability insurance] issued by an insurer authorized to transact business in this state, to or for the benefit of the person named therein as insured.

2. With respect to a policy which grants excess or additional coverage over that required by NRS 485.3091, the term “motor vehicle liability policy” applies only to that part of the coverage which is required by NRS 485.3091.”.

Amend the bill as a whole by deleting sec. 3, renumbering sections 4 through 6 as sections 8 through 10 and adding new sections designated sections 5 through 7, following sec. 2, to read as follows:

“Sec. 5. NRS 485.187 is hereby amended to read as follows:

485.187 1. Except as otherwise provided in subsection 5, the owner of a motor vehicle shall not:

(a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having insurance as required by NRS 485.185.

(b) Operate or knowingly permit the operation of the motor vehicle without having evidence of insurance of the operator or the vehicle in the vehicle.

(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department the evidence of insurance.

[(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.]

2. A person shall not operate the motor vehicle of another person unless:

(a) He first ensures that the required evidence of insurance is present in the motor vehicle; or

(b) He has his own evidence of insurance which covers him as the operator of the motor vehicle.

3. Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 is guilty of a misdemeanor. Except as otherwise provided in this subsection, in addition to any other penalty, a person sentenced pursuant to this subsection shall be punished by a fine of not less than $600 nor more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the person obtains a motor vehicle liability policy by the time of sentencing, unless:

(a) The person has registered the vehicle as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215; or

(b) The person has been issued a certificate of self-insurance pursuant to NRS 485.380.

4. A court:

(a) Shall not find a person guilty or fine a person for a violation of paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if he presents evidence to the court that the insurance required by NRS 485.185 was in effect at the time demand was made for it.

(b) Except as otherwise provided in paragraph (a), may impose a fine of not more than $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend the balance of the fine on the condition that the person presents proof to the court each month for 12 months that the insurance required by NRS 485.185 is currently in effect.

5. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS 482.396, 482.3965, 482.423 or 482.424 authorizing the movement or operation of that vehicle within the state for a limited time.

Sec. 6. NRS 485.308 is hereby amended to read as follows:

485.308 1. Proof of financial responsibility may be furnished by filing with the motor vehicles branch of the department the written certificate of any insurance carrier authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate must specify [its] the effective date of the policy and [:

(a) If the policy is an owner’s policy of liability insurance,] designate by appropriate reference all motor vehicles covered by [it; or

(b) If] the policy . [is an operator’s policy of liability insurance, designate the person covered.]

2. The department may authorize the filing of the certificates described in subsection 1 by electronic transmission or any other means deemed appropriate by the department.

3. An insurance carrier that certifies the existence of a motor vehicle liability policy pursuant to subsection 1, must notify the motor vehicles branch of the department at least 10 days before the cancellation or termination of the policy.

Sec. 7. NRS 485.3091 is hereby amended to read as follows:

485.3091 1. An owner’s policy of liability insurance must:

(a) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and

(b) Insure the person named therein and any other person, as insured, using any such motor vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows:

(1) Because of bodily injury to or death of one person in any one accident, $15,000;

(2) Subject to the limit for one person, because of bodily injury to or death of two or more persons in any one accident, $30,000; and

(3) Because of injury to or destruction of property of others in any one accident, $10,000.

2. [An operator’s policy of liability insurance must insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle within the same territorial limits and subject to the same limits of liability as are set forth in paragraph (b) of subsection 1.

3.] A motor vehicle liability policy must state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the period of effectiveness and the limits of liability, and must contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.

[4.] 3. A motor vehicle liability policy need not insure any liability under any workmen’s compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any motor vehicle owned by the insured nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.

[5.] 4. Every motor vehicle liability policy is subject to the following provisions which need not be contained therein:

(a) The liability of the insurance carrier with respect to the insurance required by this chapter becomes absolute whenever injury or damage covered by the policy occurs. The policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage. No statement made by the insured or on his behalf and no violation of the policy defeats or voids the policy.

(b) The satisfaction by the insured of a judgment for injury or damage is not a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage.

(c) The insurance carrier may settle any claim covered by the policy, and if such a settlement is made in good faith, the amount thereof is deductible from the limits of liability specified in paragraph (b) of subsection 1.

(d) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter constitute the entire contract between the parties.

[6.] 5. Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and the excess or additional coverage is not subject to the provisions of this chapter.

[7.] 6. Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.

[8.] 7. The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers, which policies together meet those requirements.

[9.] 8. Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.”.

Amend sec. 6, page 5, by deleting lines 6 and 7 and inserting:

“2. [The] Except as otherwise provided in this subsection, the department may use any information to verify, pursuant”.

Amend sec. 6, page 5, line 9, after “485.185.” by inserting:

“The department may not use the name of the owner of a motor vehicle as the primary means of verifying that a motor vehicle is covered by a policy of liability insurance.”.

Amend sec. 6, page 5, lines 16 and 17 by deleting “or operator’s” and inserting “[or operator’s]”.

Amend sec. 6, page 6, line 21, by deleting:

“subsection [7,] 8,” and inserting:

“[subsection 7,] subsections 8 and 9,”.

Amend sec. 6, page 6, line 37, after “9.” by inserting:

“If the department suspends the registration of a motor vehicle pursuant to subsection 4 because the registered owner of the motor vehicle failed to have insurance on the date specified in the form for verification, and if the registered owner, in accordance with regulations adopted by the department, proves to the satisfaction of the department that he was unable to comply with the provisions of NRS 485.185 on that date because of extenuating circumstances, the department may:

(a) Reinstate the registration of the motor vehicle and reissue the license plates upon payment by the registered owner of a fee of $50, which must be deposited in the account for verification of insurance created by subsection 6 of NRS 482.480; or

(b) Rescind the suspension of the registration without the payment of a fee.

The department shall adopt regulations to carry out the provisions of this subsection.

10.”.

Amend the bill as a whole by renumbering sec. 7 as sec. 13 and adding new sections designated sections 11 and 12, following sec. 6, to read as follows:

“Sec. 11. NRS 690B.020 is hereby amended to read as follows:

690B.020 1. Except as otherwise provided in this section , [and NRS 690B.035,] no policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle may be delivered or issued for delivery in this state unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages, from owners or operators of uninsured or hit-and-run motor vehicles, for bodily injury, sickness or disease, including death, resulting from the ownership, maintenance or use of the uninsured or hit-and-run motor vehicle. No such coverage is required in or supplemental to a policy issued to the State of Nevada or any political subdivision thereof, or where rejected in writing, on a form furnished by the insurer describing the coverage being rejected, by an insured named therein, or upon any renewal of such a policy unless the coverage is then requested in writing by the named insured. The coverage required in this section may be referred to as “uninsured vehicle coverage.”

2. The amount of coverage to be provided must be not less than the minimum limits for liability insurance for bodily injury provided for under chapter 485 of NRS, but may be in an amount not to exceed the coverage for bodily injury purchased by the policyholder.

3. For the purposes of this section , the term “uninsured motor vehicle” means a motor vehicle:

(a) With respect to which there is not available at the department of motor vehicles and public safety evidence of financial responsibility as required by chapter 485 of NRS;

(b) With respect to the ownership, maintenance or use of which there is no liability insurance for bodily injury or bond applicable at the time of the accident [,] or, to the extent of such deficiency, any liability insurance for bodily injury or bond in force is less than the amount required by NRS 485.210;

(c) With respect to the ownership, maintenance or use of which the company writing any applicable liability insurance for bodily injury or bond denies coverage or is insolvent;

(d) Used without the permission of its owner if there is no liability insurance for bodily injury or bond applicable to the operator;

(e) Used with the permission of its owner who has insurance which does not provide coverage for the operation of the motor vehicle by any person other than the owner if there is no liability insurance for bodily injury or bond applicable to the operator; or

(f) The owner or operator of which is unknown or after reasonable diligence cannot be found if:

(1) The bodily injury or death has resulted from physical contact of the automobile with the named insured or the person claiming under him or with an automobile which the named insured or such a person is occupying; and

(2) The named insured or someone on his behalf has reported the accident within the time required by NRS 484.223, 484.225 or 484.227 to the police department of the city where it occurred, or if it occurred in an unincorporated area, to the sheriff of the county or to the Nevada highway patrol.

4. For the purposes of this section , the term “uninsured motor vehicle” also includes, subject to the terms and conditions of coverage, an insured other motor vehicle where:

(a) The liability insurer of the other motor vehicle is unable because of its insolvency to make payment with respect to the legal liability of its insured within the limits specified in its policy;

(b) The occurrence out of which legal liability arose took place while the uninsured vehicle coverage required under paragraph (a) was in effect; and

(c) The insolvency of the liability insurer of the other motor vehicle existed at the time of, or within 2 years after, the occurrence.

Nothing contained in this subsection prevents any insurer from providing protection from insolvency to its insureds under more favorable terms.

5. If payment is made to any person under uninsured vehicle coverage, and subject to the terms of the coverage [,] to the extent of such payment , the insurer is entitled to the proceeds of any settlement or recovery from any person legally responsible for the bodily injury as to which payment was made, and to amounts recoverable from the assets of the insolvent insurer of the other motor vehicle.

6. A vehicle involved in a collision which results in bodily injury or death shall be presumed to be an uninsured motor vehicle if no evidence of financial responsibility is supplied to the department of motor vehicles and public safety in the manner required by chapter 485 of NRS within 60 days after the collision occurs.

Sec. 12. NRS 485.186 and 690B.035 are hereby repealed.”.

Amend sec. 7, page 6, by deleting line 42 and inserting:

“Sec. 13. 1. This section and sections 4 and 9 of this act become effective on July 1, 2001.

2. Sections 1, 2, 3, 5 to 8, inclusive, 10, 11 and 12 of this act become effective on January 1, 2002.”.

Amend the bill as a whole by adding the text of the repealed sections, following sec. 7, to read as follows:

“

TEXT OF REPEALED SECTIONS

485.186 Natural person may obtain operator’s policy of liability insurance; exceptions.

1. Except as otherwise provided in subsection 6, any natural person may satisfy the requirements of NRS 485.185 by obtaining, in lieu of an owner’s policy of liability insurance, an operator’s policy of liability insurance which meets the requirements of this section and NRS 485.3091.

2. An operator’s policy of liability insurance must state, in addition to the requirements of NRS 485.3091, that:

(a) The insurer is only liable under the policy for liability incurred by the insured while the named insured is the operator of a motor vehicle or while a motor vehicle owned by the insured is not being operated by any person;

(b) The policy does not provide coverage for any vicarious liability imposed on the owner of the motor vehicle as a result of the operation by another person of a motor vehicle owned by the insured or for any liability imposed by NRS 41.440 or 483.300; and

(c) The coverage provided by the policy may not meet the requirements of the financial responsibility laws of other states,

unless such extended coverage is expressly included in the policy. No operator’s policy of liability insurance may be delivered or issued for delivery in this state unless the insured has signed an endorsement stating that he has read and understood the policy and its limitations.

3. An owner of a motor vehicle which is registered or required to be registered in this state and who holds an operator’s policy of liability insurance shall not permit another person to operate his motor vehicle if the owner knows or should have known that the person does not have liability insurance to cover his own operation of that motor vehicle.

4. An operator’s policy of liability insurance must not provide coverage for damages incurred while a person other than the named insured is operating a motor vehicle.

5. An operator’s policy of liability insurance must provide coverage for liability incurred by the insured while a motor vehicle owned by the insured is not being operated by any person.

6. This section does not apply to a lessor, dealer, manufacturer, rebuilder or distributor of a motor vehicle, an owner of a fleet, a common, contract or private motor carrier or any other employer who owns a motor vehicle for use in his business.

690B.035 Policy covering damage to one or more of operator’s vehicles. An insurer may issue to a holder of an operator’s policy of liability insurance a policy covering damage to one or more of the operator’s vehicles. The policy is not required to provide liability insurance or uninsured vehicle coverage.”.

Amend the title of the bill to read as follows:

“AN ACT relating to insurance for motor vehicles; specifying that any information except the name of the owner of a motor vehicle may be used to verify that a motor vehicle is insured; repealing the provisions permitting the issuance of an operator’s policy of liability insurance; allowing the release of information related to insurance policies under certain circumstances; and providing other matters properly relating thereto.”.

Assemblywoman Chowning moved the adoption of the amendment.

Remarks by Assemblywoman Chowning.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 317.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 807.

Amend sec. 10, page 4, by deleting lines 44 through 47 and inserting:

“354.476 As used in NRS 354.470 to 354.626, inclusive, [and] sections 2 to 5, inclusive, of Senate Bill No. 203 of this session and sections 2 to 5, inclusive, of this act,unless the context otherwise requires, the words and terms defined in NRS [354.478 to 354.580,] 354.479 to 354. 578, inclusive, and sections 2 and 3 of Senate Bill No. 203 of this session and sections 2 and 3 of this act , have the meanings”.

Amend sec. 29, page 10, by deleting line 19 and inserting:

“450.760, 540A.265 and 543.600, and section 4 of [this act,] Senate Bill No. 203 of this session, for each fiscal year beginning on or after”.

Amend sec. 44, page 22, line 28, by deleting “To” and inserting:

“Except as otherwise provided in NRS 354.59891, to”.

Amend the bill as a whole by adding a new section designated sec. 57.5, following sec. 57, to read as follows:

“Sec. 57.5. NRS 360.690 is hereby amended to read as follows:

360.690 1. Except as otherwise provided in NRS 360.730, the executive director shall estimate monthly the amount each local government, special district and enterprise district will receive from the account pursuant to the provisions of this section.

2. The executive director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12 and the state treasurer shall, except as otherwise provided in subsections 3, 4 and 5, remit monthly that amount to each local government, special district and enterprise district.

3. If, after making the allocation to each enterprise district for the month, the executive director determines there is not sufficient money available in the county’s subaccount in the account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to the percentage of the amount that the local government or special district received from the total amount which was distributed to all local governments and special districts within the county for the fiscal year immediately preceding the year in which the allocation is made. The state treasurer shall remit that amount to the local government or special district.

4. Except as otherwise provided in subsection 5, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:

(a) Local government’s share of the remaining money by:

(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by one plus the sum of the:

(I) Percentage change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 except as otherwise provided in subsection 6; and

(II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

(b) Special district’s share of the remaining money by:

(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by one plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

The state treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

5. The executive director shall not allocate any amount to a local government or special district pursuant to subsection 4, unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the executive director determines there is money remaining in the county’s subaccount in the account after the distribution for the month has been made, he shall:

(a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

(b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the account to determine which amount is greater.

If the executive director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s subaccount in the account pursuant to the provisions of subsection 3. If the executive director determines that the amount of money remaining in the county’s subaccount in the account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the state treasurer shall remit that money so allocated. The executive director shall allocate any additional money in the county’s subaccount in the account pursuant to the provisions of subsection 4.

6. The percentage change calculated pursuant to paragraph (a) of subsection 4 must:

(a) [If] Except as otherwise provided in paragraph (c), if the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

(b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.

(c) If a local government files a formal appeal with the Bureau of the Census of the United States Department of Commerce concerning the population total of the local government issued by the Bureau of the Census, be calculated using the population total certified by the governor pursuant to NRS 360.285 until the appeal is resolved. If additional money is allocated to the local government because the population total certified by the governor is greater than the population total issued by the Bureau of the Census, the state treasurer shall deposit that additional money in a separate interest-bearing account. Upon resolution of the appeal, if the population total finally determined pursuant to the appeal is:

(1) Equal to or less than the population total initially issued by the Bureau of the Census, the state treasurer shall transfer the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, to the local government tax distribution account for allocation among the local governments in the county pursuant to subsection 4.

(2) Greater than the population total initially issued by the Bureau of the Census, the executive director shall calculate the amount that would have been allocated to the local government pursuant to subsection 4 if the population total finally determined pursuant to the appeal had been used and the state treasurer shall remit to the local government an amount equal to the difference between the amount actually distributed and the amount calculated pursuant to this subparagraph or the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, whichever is less.

7. On or before February 15 of each year, the executive director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the account for that fiscal year.

8. On or before March 15 of each year, the executive director shall:

(a) Make an estimate of the receipts from each tax included in the account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the account; and

(b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

9. A local government, special district or enterprise district may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.”.

Amend sec. 69, page 37, line 28, by deleting:

“1 to 49,” and inserting:

“1 to 9, inclusive, 11 to 28, inclusive, 30 to 43, inclusive, 45 to 49,”.

Amend sec. 69, page 37, by deleting line 30 and inserting:

“2. Sections 10, 29, 44 and 50 of this act become effective at 12:01 a.m. on”.

Amend the title of the bill, sixth line, after “circumstances;” by inserting:

“requiring the use of alternative population totals for calculating distributions from the local government tax distribution account under certain circumstances;”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 330.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 898.

Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 and 4 as sections 2 and 3.

Amend the bill as a whole by adding a new section designated sec. 4, following sec. 4, to read as follows:

“Sec. 4. NRS 232.545 is hereby amended to read as follows:

232.545 1. An investigative account for financial institutions is hereby created in the state general fund. The account consists of money which is:

(a) Received by the department of business and industry in connection with the licensing of financial institutions and the investigation of persons associated with those institutions; and

(b) Required by law to be placed therein.

2. The director of the department of business and industry or his designee may authorize expenditures from the investigative account to pay the expenses incurred:

(a) In investigating applications for licensing of financial institutions and in investigating persons associated with those institutions;

(b) In conducting special investigations relating to financial institutions and persons associated with those institutions; and

3. As used in this section, “financial institution” means an institution for which licensing or registration is required by the provisions of Titles 55 and 56 and chapters 604, 645B, 645E and 649 of NRS.”.

Amend the bill as a whole by deleting sec. 5 and renumbering sec. 12 as sec. 5.

Amend the bill as a whole by adding a new section designated sec. 12, following sec. 11, to read as follows:

“Sec. 12. NRS 678.460 is hereby amended to read as follows:

678.460 Every credit union organized under the provisions of this chapter [has] :

1. Has all the powers granted by NRS 81.500 that are not inconsistent with the provisions of this chapter and in addition thereto, the powers enumerated in NRS 678.470 to 678.500, inclusive [.] ; and

2. May exercise any authority and perform all acts that a federal credit union may exercise or perform, with the consent and written approval of the commissioner. The commissioner may, by regulation, waive or modify a requirement of Nevada law if the corresponding requirement for federal credit unions has been or is eliminated or modified.”.

Amend the title of the bill by deleting the fifth through fourteenth lines and inserting:

“change of address of its licensed place of business; including check-cashing and deferred deposit services in the definition of “financial institution” for purposes of the investigative account for financial institutions; requiring the commissioner of financial institutions to charge a fee for certain services; changing the procedures for a lending business to notify the commissioner of financial institutions of a change of address of its licensed place of business; authorizing the commissioner of financial institutions to impose a fine on a mortgage company or lending business for failing to notify the commissioner of a proposed change of address; removing the requirement that the commissioner of financial institutions notify lending businesses of his receipt of an application for licensure of a lending business; authorizing a credit union to exercise authority and perform acts that a federal credit union may exercise or perform under certain circumstances; providing a penalty; and providing other matters properly relating thereto.”.

Assemblyman Dini moved the adoption of the amendment.

Remarks by Assemblyman Dini.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 336.

Bill read second time and ordered to third reading.

Senate Bill No. 372.

Bill read second time and ordered to third reading.

Senate Bill No. 381.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 809.

Amend sec. 2, page 2, by deleting lines 28 through 33 and inserting:

“are:

(a) Shipped out of the state for sale and use outside the state; or

(b) Displayed or exhibited at a trade show, convention or other exhibition in this state by a manufacturer or wholesale dealer who is not licensed in this state.”.

Amend the title of the bill by deleting the fourth through sixth lines and inserting:

“wholesale dealer; and providing”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 406.

Bill read second time.

The following amendment was proposed by the Committee on Health and Human Services:

Amendment No. 776.

Amend the bill as a whole by adding the following assemblymen as primary joint sponsors:f Assemblymen Brower and Parnell.

Assemblywoman Koivisto moved the adoption of the amendment.

Remarks by Assemblywoman Koivisto.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 412.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 801.

Amend sec. 3, page 2, line 44, by deleting “2,” and inserting “ [2,] 3,”.

Amend sec. 3, page 3, line 21, by deleting “defendant;” and inserting:

“defendant, and a written agreement is entered into and signed in the manner set forth in subsection 2;”.

Amend sec. 3, page 3, line 32, by deleting “defendant,” and inserting:

“defendant and by a psychiatrist, psychologist or counselor treating the defendant, if any,”.

Amend sec. 3, page 4, line 1, after “2.” by inserting:

“A written agreement entered into pursuant to paragraph (h) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:

(a) The victim or the witness;

(b) The defendant;

(d) The psychiatrist, psychologist or counselor treating the defendant, victim or witness, if any; and

(e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child.

3.”.

Amend sec. 3, page 4, line 5, by deleting “3.” and inserting “[3.] 4.”.

Amend sec. 4, page 4, line 44, after “resides” by inserting:

“, in person,”.

Amend sec. 6, page 7, by deleting line 9 and inserting:

“the offender shall provide the new address, in [writing,] person, to the”.

Amend sec. 6, page 7, line 11, after “and” by inserting:

“, in person or in writing,”.

Amend sec. 10, page 10, line 12, after “resides” by inserting:

“, in person,”.

Amend sec. 12, page 12, by deleting line 44 and inserting:

“new address, in [writing,] person, to the [division] local law”.

Amend sec. 12, page 12, line 45, after “and” by inserting:

“, in person or in writing, to”.

Amend sec. 32, page 21, line 2, by deleting “2,” and inserting “[2,] 3,”.

Amend sec. 32, page 21, by deleting lines 24 and 25 and inserting:

“(h)] , unless approved by the parole and probation officer assigned to the parolee, and a written agreement is entered into and signed in the manner set forth in subsection 2;”.

Amend sec. 32, page 21, line 36, by deleting “parolee,” and inserting:

“parolee and by a psychiatrist, psychologist or counselor treating the parolee, if any,”.

Amend sec. 32, page 22, line 5, after “2.” by inserting:

(a) The victim or the witness;

(b) The parolee;

(d) The psychiatrist, psychologist or counselor treating the parolee, victim or witness, if any; and

(e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child.

3.”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 466.

Bill read second time.

The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:

Amendment No. 862.

Amend sec. 3, page 3, by deleting lines 23 and 24 and inserting:

“(b) Any member of a board, commission or other body whose function”.

Amend sec. 3, page 3, line 26, by deleting “(d)” and inserting “(c)”.

Amend sec. 3, page 3, line 30, by deleting “(e)” and inserting “(d)”.

Amend the bill as a whole by renumbering sec. 6 as sec. 7 and adding a new section designated sec. 6, following sec. 5, to read as follows:

“Sec. 6. NRS 281.561 is hereby amended to read as follows:

281.561 1. Except as otherwise provided in subsection 2 or 3, if a candidate for public or judicial office or a public or judicial officer is entitled to receive compensation for serving in the office in question, he shall file with the commission, and with the officer with whom declarations of candidacy for the office in question are filed, a statement of financial disclosure, as follows:

(a) A candidate for nomination, election or reelection shall file a statement of financial disclosure no later than the 10th day after the last day to qualify as a candidate for the office.

(b) A public or judicial officer appointed to fill the unexpired term of an elected public or judicial officer shall file a statement of financial disclosure within 30 days after his appointment.

(c) Every public or judicial officer, whether appointed or elected, shall file a statement of financial disclosure on or before March 31 of each year of the term, including the year the term expires.

(d) A public or judicial officer who leaves office on a date other than the expiration of his term or anniversary of his appointment or election, shall file a statement of financial disclosure within 60 days after leaving office.

2. A statement filed pursuant to one of the paragraphs of subsection 1 may be used to satisfy the requirements of another paragraph of subsection 1 if the initial statement was filed not more than 3 months before the other statement is required to be filed. [The public or judicial officer shall notify the commission in writing of his intention to use the previously filed statement to fulfill the present requirement.]

3. If a person is serving in a public or judicial office for which he is required to file a statement pursuant to subsection 1, he may use the statement he files for that initial office to satisfy the requirements of subsection 1 for every other public or judicial office in which he is also serving. [The person shall notify the commission in writing of his intention to use the statement for the initial office to fulfill the requirements of subsection 1 for every other office.]

4. A person may satisfy the requirements of subsection 1 by filing with the commission a copy of a statement of financial disclosure that was filed pursuant to the requirements of a specialized or local ethics committee if the form of the statement has been approved by the commission.”.

Amend the bill as a whole by adding a new section designated sec. 8, following sec. 6, to read as follows:

“Sec. 8. 1. This section and sections 1, 2 and 4 to 7, inclusive, of this act become effective on October 1, 2001.

2. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.

Amend the title of the bill, fourth line, by deleting “commission;” and inserting:

“commission on ethics; eliminating the requirement that certain public officials and judicial officers notify the commission in writing of their intent to use previously filed financial disclosure statements to fulfill certain other duties to file financial disclosure statements;”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 499.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 789.

Amend section 1, page 2, by deleting lines 27 through 37 and inserting:

“boating . [on state owned wildlife management areas. Any of this money declared by the division of wildlife of the state department of conservation and natural resources to be] Any money received in excess of [its immediate requirements for these purposes may be transferred to the credit of the parks marina development fund for use by the division of state parks of the state department of conservation and natural resources in accordance with the provisions of paragraph (b).] the amount authorized by the legislature to be expended for such purposes must be retained in the wildlife account.

(b) The [parks marina development fund which is hereby created as a special revenue fund for use by the] division of state parks of the state department of conservation and natural resources. [All money so deposited to the credit of the division of state parks] Such money may be expended only as”.

Amend section 1, page 2, by deleting lines 40 through 44 and inserting:

“[associated with boating.

5. Money that the state treasurer is required to allocate pursuant to the provisions of subsection 4 may be paid quarterly or oftener if convenient to the state treasurer.] located in any state park that includes a body of water used for recreational purposes.”.

Amend sec. 3, page 4, by deleting lines 5 through 15 and inserting:

“facilities associated with boating. Any money received in excess of the amount authorized by the legislature to be expended for such purposes must be retained in the wildlife account.

(b) The division of state parks of the state department of conservation and natural resources. Such money may be expended”.

Amend sec. 3, page 4, by deleting lines 20 through 22.

Amend the title of the bill to read as follows:

“AN ACT relating to state parks; eliminating the parks marina development fund; expanding the permissible uses of money received from the tax on motor vehicle fuel used in watercraft for recreational purposes; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Eliminates parks marina development fund and expands permissible uses of money received from tax on motor vehicle fuel used in watercraft for recreational purposes. (BDR 32‑1316)”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 524.

Bill read second time and ordered to third reading.

Senate Bill No. 530.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 827.

Amend sec. 4, page 3, line 43, by deleting:

“three legislative measures” and inserting:

“one legislative measure”.

Amend the title of the bill, eighth line, by deleting:

“three legislative measures” and inserting:

“one legislative measure”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 531.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 823.

Amend section 1, page 2, between lines 7 and 8, by inserting:

“4. No regulation adopted pursuant to subsection 3 may deny a person the opportunity to obtain or retain employment because of his membership or nonmembership in a labor organization.”.

Amend sec. 20, page 8, line 41, by deleting “benefits.” and inserting:

“benefits, and the right to join or not join a labor organization.”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 546.

Bill read second time and ordered to third reading.

Senate Bill No. 548.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 800.

Amend sec. 3, page 3, by deleting lines 26 through 28 and inserting:

“sentence of a person convicted of an offense listed in subsection 3 unless :”.

Amend sec. 3, page 3, by deleting line 35 and inserting:

“pursuant to NRS 176.139, a psychologist licensed to practice in this state who is trained to conduct psychosexual evaluations or a psychiatrist licensed to practice medicine in this state who is certified by the American Board of Psychiatry and neurology and is trained to conduct”.

Amend sec. 3, page 4, by deleting lines 21 through 23.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 552.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 828.

Amend sec. 8, page 5, line 8, by deleting “2001.” and inserting:

“2001, and expires by limitation on July 1, 2003.”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 556.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 798.

Amend sec. 4, page 2, line 18, after “1.” by inserting:

““Disclose” or “disclosure” means the reporting, either verbally or in writing, by a state or local governmental officer or employee of governmental action that the officer or employee reasonably believes, in good faith, to be improper governmental action. The term includes all such reporting that is not expressly prohibited by law, regardless of the identity of the person or entity to whom the information is reported.

2.”.

Amend sec. 4, page 2, line 29, by deleting “2.” and inserting “[2.] 3.”.

Amend sec. 4, page 2, line 31, by deleting “3.” and inserting “4.”.

Amend sec. 4, page 2, line 34, by deleting “4.” and inserting “5.”.

Amend sec. 4, page 2, line 43, by deleting “5.” and inserting “6.”.

Amend sec. 4, page 3, line 14, by deleting “6.” and inserting “7.”.

Amend sec. 4, page 3, line 17, by deleting “7.” and inserting “8.”.

Amend the title of the bill, third line, after “action;” by inserting:

“defining the term “disclose” for the purposes of that prohibition;”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 557.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 888.

Amend section 1, page 2, by deleting line 7 and inserting:

“improved roads or streets maintained by the county or an incorporated city located within the county,”.

Amend section 1, page 2, by deleting lines 38 through 44 and inserting:

“3. Of the money allocated to each county pursuant to the provisions of [subsection 1: ] subsections 1 and 2:”.

Amend section 1, page 3, by deleting lines 3 through 10 and inserting:

“(b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated [pursuant to the following formula:

(1) If there are no incorporated cities in the county,] to the county [; and

(2) If there is at least one incorporated city in the county,] , if there are no incorporated cities in the county, or to the county and any incorporated cities in the county , if there is at least one incorporated city in the county, pursuant to the following formula [set forth for counties in subsection 1.] :

(1) One-fourth in proportion to total area.

(2) One-fourth in proportion to population.

(3) One-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.

(4) One-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.

For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.

[3.] 4. The amount allocated to the counties and incorporated cities pursuant to subsections 1 , [and] 2 and 3 must be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the state treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.”.

Amend section 1, page 3, line 18, after “mileage of” by inserting “improved”.

Amend section 1, page 3, line 25, after “Each” by inserting “improved”.

Amend section 1, page 3, line 27, after “those” by inserting “improved”.

Amend section 1, page 3, line 30, after “determine the” by inserting “improved”.

Amend section 1, page 4, line 27, after “(c)” by inserting:

““Improved road or street” means a road or street that is, at least:

(1) Aligned and graded to allow reasonably convenient use by a motor vehicle; and

(2) Drained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.

(d)”.

Amend sec. 2, page 4, by deleting line 43 and inserting:

“improved roads or streets maintained by the county or an incorporated city located within the county,”.

Amend sec. 2, page 5, by deleting lines 26 through 32 and inserting:

“3. Of the money allocated to each county pursuant to the provisions of subsections 1 and 2:”.

Amend sec. 2, page 5, by deleting lines 41 through 47 and inserting:

“cents of the tax per gallon must be allocated to the county, if there are no incorporated cities in the county, or to the county and any incorporated cities in the county, if there is at least one incorporated city in the county, pursuant to the following formula:

(1) One-fourth in proportion to total area.

(2) One-fourth in proportion to population.

(3) One-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.

(4) One-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.

For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.

4. The amount allocated to the counties and incorporated cities pursuant to subsections 1, 2 and 3 must be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the state treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.”.

Amend sec. 2, page 6, line 6, after “mileage of” by inserting “improved”.

Amend sec. 2, page 6, line 12, after “Each” by inserting “improved”.

Amend sec. 2, page 6, line 14, after “those” by inserting “improved”.

Amend sec. 2, page 6, line 17, after “determine the” by inserting “improved”.

Amend sec. 2, page 7, by deleting lines 19 and 20 and inserting:

“(c) “Improved road or street” means a road or street that is, at least:

(1) Aligned and graded to allow reasonably convenient use by a motor vehicle; and

(2) Drained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.

[(d) “Subcommittee” means the subcommittee appointed pursuant to NRS 218.53884.]”.

Amend sec. 6, page 8, line 31, by deleting “1,”.

Amend sec. 6, page 8, line 33, after “2.” by inserting:

“Section 1 of this act becomes effective at 12:01 a.m. on July 1, 2001.

3.”.

Amend sec. 6, page 8, line 35, by deleting “3.” and inserting “4.”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 560.

Bill read second time and ordered to third reading.

Senate Bill No. 568.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 749.

Amend section 1, pages 1 and 2, by deleting lines 13 through 17 on page 1 and lines 1 through 5 on page 2, and inserting:

“3. Each county shall deposit in the fund an assessment for the employees of the district court of that county, excluding district judges, unless the county enters into a written agreement with the attorney general to:

(a) Hold the State of Nevada harmless and assume liability and costs of defense for the employees of the district court;

(b) Reimburse the State of Nevada for any liability and costs of defense that the State of Nevada incurs for the employees of the district court; or

Amend section 1, page 2, between lines 11 and 12, by inserting:

“5. As used in this section, “assessment” means an amount determined by the risk management division and the attorney general to be equal to the share of a county for:

(a) Applicable insurance premiums;

(b) Other charges for potential liability and tort claims; and

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 569.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 773.

Amend section 1, page 1, by deleting lines 6 and 7 and inserting:

“(a) The board also imposes a fee on a provider of personal wireless service and the fee is a fee for a business license which is regulated pursuant to NRS 354.59881 to 354.59889, inclusive, the”.

Amend section 1, page 1, by deleting lines 12 through 14 and inserting:

“(b) A city located within the county imposes a fee on a provider of personal wireless service and the fee is a fee for a business license which is regulated pursuant to NRS 354.59881 to 354.59889, inclusive, the governing body of the city shall transfer the money generated”.

Amend section 1, page 2, line 8, after “fees” by inserting:

“for business licenses which fees are”.

Amend the bill as a whole by deleting sections 5 through 7, renumbering sec. 8 as sec. 6 and adding a new section designated sec. 5, following sec. 4, to read as follows:

“Sec. 5. NRS 268.088 is hereby amended to read as follows:

268.088 The governing body of an incorporated city [whose population is 25,000 or more] shall not:

1. Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

2. Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.

3. Require a person who holds a franchise for the provision of telecommunications service to place its facilities in ducts or conduits or on poles owned or leased by the city.

4. As used in this section:

(a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on July 16, 1997.

(b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.”.

Amend sec. 8, page 5, by deleting lines 26 through 29 and inserting:

“Sec. 6. This act becomes effective on July 1, 2001.”.

Amend the title of the bill to read as follows:

“AN ACT relating to telephone systems; providing for the imposition of surcharges on telephone services by certain counties for the enhancement of telephone systems for reporting emergencies in those counties; providing for the deposit of certain fees imposed by cities and counties on providers of personal wireless service into a special revenue fund; revising the purposes for which money in the special revenue fund may be used; prohibiting the governing body of every incorporated city from imposing certain requirements upon a provider of telecommunications service; and providing other matters properly relating thereto.”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Chowning moved that upon return from the printer Senate Bill No. 288 be placed on the Chief Clerk’s desk.

Remarks by Assemblywoman Chowning.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 62.

Bill read second time.

The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:

Amendment No. 771.

Amend sec. 2, page 2, by deleting line 28 and inserting:

“4. A person who”.

Amend sec. 2, page 2, line 34, by deleting “or 2”.

Amend the bill as a whole by deleting sec. 3 and renumbering sections 4 and 5 as sections 3 and 4.

Amend the bill as a whole by deleting sec. 6 and renumbering sec. 7 as sec. 5.

Amend sec. 7, page 5, by deleting lines 36 through 42 and inserting:

“2. A person who violates subsection 1:

(a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

(2) Perform not less than 48 hours, but not more than 120 hours, of community service.

The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his place of employment or on a weekend.

(b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

(2) Perform not less than 100 hours, but not more than 200 hours, of community service.

The person shall be further punished by a fine of not less than $500, but not more than $1,000.

(c) For the third and any subsequent offense within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

3. In addition to any other fine or penalty provided in subsection 2, a court shall order a person convicted of violating subsection 1 to pay restitution for all costs associated with the care and impoundment of any mistreated animal under subsection 1, including, without limitation, money expended for veterinary treatment, feed and housing.

4. If any animal [shall be] is at any time impounded as provided in”.

Amend the bill as a whole by deleting sec. 8 and renumbering sec. 9 as sec. 6.

Amend sec. 9, page 6, by deleting lines 26 through 29 and inserting:

“the animal is the property of himself or another, is guilty of a gross misdemeanor. In addition to any other penalty, the court shall order the person”.

Amend the bill as a whole by deleting sections 10 through 13 and renumbering sections 14 through 18 as sections 7 through 11.

Amend sec. 17, page 8, by deleting lines 22 through 24 and inserting:

“paragraph (b) or (c) of subsection 4 of NRS 574.070 or paragraph (b) or (c) of subsection 5 of NRS 574.070, as amended by”.

Assemblyman de Braga moved the adoption of Amendment No. 771.

Remarks by Assemblyman de Braga.

Amendment adopted.

The following amendment was proposed by Assemblyman Collins:

Amendment No. 840.

Amend the bill as a whole by renumbering section 1 as sec. 1.5 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. Chapter 574 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided by a specific statute, an agency, board, commission or political subdivision of this state, including an agency, board, commission or governing body of a local government, shall not prohibit or impose restrictions that are more stringent than those set forth in this chapter concerning any of the following events in which an animal is used:

(a) A rodeo; or

(b) A livestock show or exhibition that promotes the proper care, husbandry or performance of an animal.

2. As used in this section, “animal” has the meaning ascribed to it in NRS 574.050.”.

Amend the title of the bill, first line, after “relating to animals;” by inserting:

“prohibiting state and local governmental entities from prohibiting or imposing certain restrictions concerning certain events in which animals are used;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions regarding mistreatment of animals. (BDR 50-713)”.

Assemblyman Collins moved the adoption of Amendment No. 840.

Remarks by Assemblyman Collins, Bache and Freeman.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Elections, Procedures, and Ethics, to which was referred Senate Bill No. 297, 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

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Goldwater moved that Senate Bill No. 65 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Goldwater.

Motion carried.

Assemblywoman Buckley moved that Assembly Bills Nos. 234, 278, 661; Senate Bills Nos. 6, 135, 153, 228, 274, 297, 401 and 418 be placed on the Second Reading File.

Motion carried.

Assemblywoman Buckley moved that Assembly Bills Nos. 52, 250 and 630 be placed on the General File.

Motion carried.

Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 1:26 p.m.

ASSEMBLY IN SESSION

At 1:44 p.m.

Mr. Speaker presiding.

Quorum present.

INTRODUCTION, FIRST READING AND REFERENCE

By Assemblymen Koivisto, McClain, Carpenter, Anderson, Oceguera, Berman and Nolan (emergency request of Perkins):

Assembly Bill No. 667—AN ACT relating to statutes of limitation; reviving for a limited time certain causes of action based on the effects of silicone gel injected into the body; and providing other matters properly relating thereto.

Assemblywoman Koivisto moved that the bill be referred to the Select Committee on Health and Legal Issues.

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Taxation, to which was referred Senate Bill No. 221, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

David E. Goldwater, Chairman

SECOND READING AND AMENDMENT

Assembly Bill No. 234.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 763.

Amend the bill as a whole by deleting section 1 and renumbering sections 2 through 4 as sections 1 through 3.

Amend sec. 3, page 1, line 13, by deleting “$1,805,420” and inserting “$830,000”.

Amend sec. 4, page 1, line 17, by deleting “$230,472” and inserting “$230,000”.

Amend the bill as a whole by renumbering sec. 5 as sec. 7 and adding new sections designated sections 4 through 6, following sec. 4, to read as follows:

“Sec. 4. There is hereby appropriated from the state general fund to the Parole Board of the Department of Motor Vehicles and Public Safety the sum of $6,500 for a shortfall in salaries. This appropriation is supplemental to that made by section 27 of chapter 571 of Statutes of Nevada 1999, at page 2984.

Sec. 5. There is hereby appropriated from the state highway fund to the Division of Compliance Enforcement of the Department of Motor Vehicles and Public Safety the sum of $62,000 for a shortfall caused by a decrease in fingerprint revenues and by the payment of terminal leave. This appropriation is supplemental to that made by section 29 of chapter 571 of Statutes of Nevada 1999, at page 2985.

Sec. 6. There is hereby appropriated from the state highway fund to the Hearings Office of the Department of Motor Vehicles and Public Safety the sum of $15,000 for a shortfall caused by the payment of terminal leave. This appropriation is supplemental to that made by section 29 of chapter 571 of Statutes of Nevada 1999, at page 2984.”.

Amend the title of the bill to read as follows:

“AN ACT making supplemental appropriations to the Department of Motor Vehicles and Public Safety for shortfalls in the budgets of the Division of Parole and Probation, Field Services, Central Services, Parole Board, the Division of Compliance Enforcement and the Hearings Office; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes supplemental appropriations to Department of Motor Vehicles and Public Safety for shortfalls in budgets of Division of Parole and Probation, Field Services, Central Services, Parole Board, Division of Compliance Enforcement and Hearings Office. (BDR S‑1258)”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 278.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 806.

Amend the bill as a whole by deleting sections 1 and 2, renumbering sec. 3 as sec. 2, and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. The Executive Director of the Office of Veterans’ Services may accept gifts and grants for the support of the World War II Memorial Campaign to establish the national memorial for World War II veterans. The Executive Director of the Office of Veterans’ Services shall transmit to the Campaign, on behalf of the State of Nevada, at appropriate intervals, any gifts and grants received for this purpose.”.

Amend the title of the bill to read as follows:

“AN ACT relating to veterans; authorizing the Executive Director of the Office of Veterans’ Services to accept gifts and grants for the support of the World War II Memorial Campaign to establish the national memorial for World War II veterans; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes Office of Veterans’ Services to accept gifts and grants for support of World War II Memorial Campaign. (BDR S‑247)”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 661.

Bill read second time.

The following amendment was proposed by the Select Committee on Energy:

Amendment No. 744.

Amend the bill as a whole by deleting sections 1 through 109 and the text of repealed sections and adding new sections designated sections 1 through 131 and the text of repealed sections, following the enacting clause, to read as follows:

“Section 1. For the purposes of sections 3 to 26, inclusive, of this act, the legislature hereby finds and declares that:

1. A reliable and reasonably priced supply of electricity is critical to the economy of this state and to the health, safety and welfare of the residents of this state;

2. The electric utilities in this state depend on regional energy markets to purchase approximately 50 percent of the electricity needed to serve their customers in this state, and such purchases are often made pursuant to agreements with terms of 1 year or less;

3. The energy markets in the western United States currently are characterized by critical shortages in the supply of electricity and extremely high prices for electricity, both of which are damaging to the strength of the economy of this state and to the well-being of the residents of this state;

4. The residents of this state would benefit from construction of new generation assets in this state and from access to other new electric resources, wherever located, that provide lower-priced electricity;

5. The economic development that would result from construction in this state of new generation assets, supporting gas pipelines and additional infrastructure would be of special benefit to the rural areas of this state where the new generation assets are most likely to be located;

6. During this session, the legislature has considered a number of different but complementary approaches to developing and using new generation assets and other new electric resources and to increasing the supply of reasonably priced electricity in this state;

7. The development and use of new generation assets and other new electric resources by eligible customers would permit the electric utilities in this state to reduce their dependence on purchases of excessively priced electricity from dysfunctional, short-term energy markets and would thereby reduce the average system costs for such electric utilities;

8. The development and use of new generation assets and other new electric resources can be encouraged by allowing eligible customers to use their own resources, initiative, expertise and credit to develop, access and enter into agreements for the purchase of electricity from new generation assets and other new electric resources; and

9. To protect the electric utilities in this state and their remaining customers, all transactions proposed by eligible customers pursuant to sections 3 to 26, inclusive, of this act must be carefully reviewed by the public utilities commission of Nevada to ensure that the electric utilities in this state and their remaining customers are not subject to increased costs as a result of the proposed transactions and that the proposed transactions are not otherwise contrary to the public interest.

Sec. 2. Title 58 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 3 to 26, inclusive, of this act.

Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 16, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 4. “Ancillary services” means those generation services that:

1. Are necessary to support the transmission of energy and capacity from resources to loads while maintaining reliable operation of the transmission system of the electric utility; and

2. Are defined and established in applicable transmission tariffs on file with the Federal Energy Regulatory Commission.

Sec. 5. “Calendar quarter” means each period of 3 consecutive calendar months ending on March 31, June 30, September 30 and December 31 in each calendar year.

Sec. 6. “Commission” means the public utilities commission of Nevada.

Sec. 7. 1. “Electric utility” means any public utility or successor in interest that:

(a) Is in the business of providing electric service to customers;

(b) Holds a certificate of public convenience and necessity issued or transferred pursuant to chapter 704 of NRS; and

(c) In the most recently completed calendar year or in any other calendar year within the 7 calendar years immediately preceding the most recently completed calendar year, had a gross operating revenue of $250,000,000 or more in this state.

2. The term does not include a cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.

Sec. 8. “Electric utility that primarily serves densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this state from customers located in counties whose population is 400,000 or more than it does from customers located in counties whose population is less than 400,000.

Sec. 9. “Electric utility that primarily serves less densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this state from customers located in counties whose population is less than 400,000 than it does from customers located in counties whose population is 400,000 or more.

Sec. 10. “Eligible customer” means an end-use customer which is:

1. A nongovernmental commercial or industrial end-use customer that has an average annual load of 1 megawatt or more in the service territory of an electric utility.

2. A governmental entity, including, without limitation, a governmental entity providing educational or health care services, that:

(a) Performs its functions using one or more facilities which are operated under a common budget and common control; and

(b) Has an average annual load of 1 megawatt or more in the service territory of an electric utility.

Sec. 11. “Energy” means electrical energy.

Sec. 12. “Generation asset” means any plant, facility, equipment or system which is located within or outside this state and which converts nonelectrical energy into electrical energy or otherwise produces electrical energy.

Sec. 13. “New electric resource” means:

1. The energy, capacity or ancillary services and any increased or additional energy, capacity or ancillary services which are:

(a) Made available from a generation asset that is not owned by an electric utility or is not subject to contractual commitments to an electric utility that make the energy, capacity or ancillary services from the generation asset unavailable for purchase by an eligible customer; and

(b) Able to be delivered to an eligible customer.

2. Any increased energy, capacity or ancillary services made available from a generation asset pursuant to an agreement described in section 18 of this act.

Sec. 14. “Person” means:

1. A natural person.

2. Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization.

3. A governmental entity other than:

(a) This state or an agency or instrumentality of this state; or

(b) A political subdivision of this state or an agency or instrumentality of a political subdivision of this state.

Sec. 15. “Provider of new electric resources” and “provider” mean a person who makes energy, capacity or ancillary services from a new electric resource available to an eligible customer.

Sec. 16. “Time-of-use meter” means a meter that:

1. Measures and records the electric demand, energy and power factor on 15-minute intervals; and

2. Is suitable for use with an electric demand of 1 megawatt or more.

Sec. 17. 1. The provisions of this chapter do not alter, diminish or otherwise affect any rights or obligations arising under any contract which requires an electric utility to purchase energy, capacity or ancillary services from another party and which exists on the effective date of this act.

2. Each electric utility or its assignee shall comply with the terms of any contract which requires the electric utility or its assignee to purchase energy, capacity or ancillary services from another party and which exists on the effective date of this act.

Sec. 18. 1. Except as otherwise provided in this section, an electric utility may, at its discretion, enter into agreements relating to its generation assets and the energy, capacity or ancillary services provided by its generation assets with one or more other persons who are not electric utilities. Such agreements:

(a) May include, without limitation, agreements to construct or install a new generation asset on real property that is adjacent to an existing generation asset owned by the electric utility; and

(b) May provide for the sharing of available common facilities with the existing generation asset or the reengineering, repowering or expansion of the existing generation asset to generate energy more efficiently and at a lower cost and to make more energy available to customers in this state.

2. Any increased energy, capacity or ancillary services made available from a new generation asset or an existing generation asset pursuant to an agreement described in subsection 1 shall be deemed to be a new electric resource that may be:

(a) Owned by the parties to the agreement who are not electric utilities; and

(b) Used or consumed by such parties for their own purposes or sold by such parties to one or more eligible customers pursuant to the provisions of this chapter.

3. A transaction undertaken pursuant to an agreement described in subsection 1:

(a) Must not impair system reliability or the ability of the electric utility to provide electric service to its customers; and

(b) Must not violate the provisions of sections 8 to 18, inclusive, of Assembly Bill No. 369 of this session.

4. The provisions of this section do not exempt any party to an agreement described in subsection 1 from any applicable statutory or regulatory requirements relating to siting, construction and operation of a generation asset.

5. The commission shall encourage the development of new electric resources and shall not exercise its regulatory authority in a manner that unnecessarily or unreasonably restricts, conditions or discourages any agreement described in subsection 1 that is likely to result in increased energy, capacity or ancillary services from a generation asset or improved or more efficient operation or management of a generation asset.

Sec. 19. 1. Except as otherwise provided in this section, a provider of new electric resources may sell energy, capacity or ancillary services to one or more eligible customers if the eligible customers have been approved to purchase energy, capacity and ancillary services from the provider pursuant to the provisions of sections 20 and 21 of this act.

2. A provider of new electric resources shall not sell energy, capacity or ancillary services to an eligible customer:

(a) Before April 1, 2002, if the eligible customer’s load is in the service territory of an electric utility that primarily serves less densely populated counties;

(b) Before June 1, 2002, if the eligible customer’s load is in the service territory of an electric utility that primarily serves densely populated counties; or

3. A provider of new electric resources that sells energy, capacity or ancillary services to an eligible customer pursuant to the provisions of this chapter:

(a) Does not become and shall not be deemed to be a public utility solely because of that transaction; and

(b) Does not become and shall not be deemed to be subject to the jurisdiction of the commission except as otherwise provided in this chapter or by specific statute.

4. If a provider of new electric resources is not a public utility in this state and is not otherwise authorized by the provisions of a specific statute to sell energy, capacity or ancillary services at retail in this state, the provider shall not sell energy, capacity or ancillary services at retail in this state to a person or entity that is not an eligible customer.

Sec. 20. 1. An eligible customer that is purchasing electric service from an electric utility shall not purchase energy, capacity or ancillary services from a provider of new electric resources and an eligible customer that is purchasing energy, capacity or ancillary services from a provider of new electric resources shall not purchase energy, capacity or ancillary services from another provider unless:

(a) The eligible customer files an application with the commission not later than 180 days before the date on which the eligible customer intends to begin purchasing energy, capacity or ancillary services from the provider; and

(b) The commission approves the application by a written order issued in accordance with the provisions of this section and section 21 of this act.

The date on which the eligible customer intends to begin purchasing energy, capacity or ancillary services from the provider must not be sooner than the date on which the provider is authorized by section 19 of this act to begin selling energy, capacity or ancillary services to the eligible customer.

2. Except as otherwise provided in subsection 3, each application filed pursuant to this section must include:

(a) Information demonstrating that the person filing the application is an eligible customer;

(b) Information demonstrating that the proposed provider will provide energy, capacity or ancillary services from a new electric resource;

(c) Information concerning the terms and conditions of the proposed transaction that is necessary for the commission to evaluate the impact of the proposed transaction on customers and the public interest, including, without limitation, information concerning the duration of the proposed transaction and the amount of energy, capacity or ancillary services to be purchased from the provider; and

(d) Any other information required pursuant to the regulations adopted by the commission.

3. Except as otherwise provided in section 21 of this act, the commission shall not require the eligible customer or provider to disclose:

(a) The price that is being paid by the eligible customer to purchase energy, capacity or ancillary services from the provider; or

(b) Any other terms or conditions of the proposed transaction that the commission determines are commercially sensitive.

4. The commission shall provide public notice of the application of the eligible customer and an opportunity for a hearing on the application in a manner that is consistent with the provisions of NRS 703.320 and the regulations adopted by the commission.

5. The commission shall approve the application of the eligible customer unless the commission finds that the proposed transaction:

(a) Will be contrary to the public interest; or

(b) Does not comply with the provisions of section 21 of this act, if those provisions apply to the proposed transaction.

6. In determining whether the proposed transaction will be contrary to the public interest, the commission shall consider, without limitation:

(a) Whether the electric utility that has been providing electric service to the eligible customer will be burdened by increased costs as a result of the proposed transaction or whether any remaining customer of the electric utility will pay increased costs for electric service as a result of the proposed transaction;

(b) Whether the proposed transaction will impair system reliability or the ability of the electric utility to provide electric service to its remaining customers; and

7. If the commission approves the application of the eligible customer:

(a) The eligible customer shall not begin purchasing energy, capacity or ancillary services from the provider pursuant to the proposed transaction sooner than 180 days after the date on which the application was filed; and

(b) The commission shall order such terms, conditions and payments as the commission deems necessary and appropriate to ensure that the proposed transaction will not be contrary to the public interest. Such terms, conditions and payments:

(1) Must be fair and nondiscriminatory as between the eligible customer and the remaining customers of the electric utility; and

(2) Must include, without limitation, payment by the eligible customer to the electric utility of the eligible customer’s load-share portion of any unrecovered balance in the deferred accounts of the electric utility.

8. If the commission does not enter a final order on the application of the eligible customer within 90 days after the date on which the application was filed with the commission:

(a) The application shall be deemed to be approved by the commission; and

(b) The eligible customer shall not begin purchasing energy, capacity or ancillary services from the provider pursuant to the proposed transaction sooner than 180 days after the date on which the application was filed.

Sec. 21. 1. For eligible customers whose loads are in the service territory of an electric utility that primarily serves densely populated counties:

(a) The amount of energy that each such eligible customer purchases from providers of new electric resources before July 1, 2003, must not exceed 80 percent of the load of the eligible customer; and

(b) The aggregate amount of energy that all such eligible customers purchase from providers of new electric resources before July 1, 2003, must not exceed 50 percent of the difference between the existing supply of energy generated in this state that is available to the electric utility and the existing demand for energy in this state that is consumed by the customers of the electric utility, as determined by the commission.

2. An eligible customer that is a nongovernmental commercial or industrial end-use customer whose load is in the service territory of an electric utility that primarily serves densely populated counties shall not purchase energy, capacity or ancillary services from a provider of new electric resources unless, as part of the proposed transaction, the eligible customer agrees to:

(a) Contract with the provider to purchase:

(1) An additional amount of energy which is equal to 10 percent of the total amount of energy that the eligible customer is purchasing for its own use under the proposed transaction and which is purchased at the same price, terms and conditions as the energy purchased by the eligible customer for its own use; and

(2) The capacity and ancillary services associated with the additional amount of energy at the same price, terms and conditions as the capacity and ancillary services purchased by the eligible customer for its own use; and

(b) Offers to assign the rights to the contract to the electric utility for use by the remaining customers of the electric utility.

3. If an eligible customer is subject to the provisions of subsection 2, the eligible customer shall include with its application filed pursuant to section 20 of this act all information concerning the contract offered to the electric utility that is necessary for the commission to determine whether it is in the best interest of the remaining customers of the electric utility for the electric utility to accept the rights to the contract. Such information must include, without limitation, the amount of the energy and capacity to be purchased under the contract, the price of the energy, capacity and ancillary services and the duration of the contract. Information concerning the price of the energy, capacity and ancillary services and any other terms or conditions of the contract that the commission determines are commercially sensitive shall be deemed to be confidential, and the commission shall establish a procedure for protecting such information from disclosure.

4. If the commission determines that the contract:

(a) Is not in the best interest of the remaining customers of the electric utility, the electric utility shall not accept the rights to the contract, and the eligible customer is entitled to all rights to the contract.

(b) Is in the best interest of the remaining customers of the electric utility, the electric utility shall accept the rights to the contract and the eligible customer shall assign all rights to the contract to the electric utility. A contract that is assigned to the electric utility pursuant to this paragraph shall be deemed to be an approved part of the resource plan of the electric utility and a prudent investment, and the electric utility may recover all costs for the energy, capacity and ancillary services acquired pursuant to the contract. To the extent practicable, the commission shall take actions to ensure that the electric utility uses the energy, capacity and ancillary services acquired pursuant to each such contract only for the benefit of the remaining customers of the electric utility that are not eligible customers, with a preference for the remaining customers of the electric utility that are residential customers with small loads.

Sec. 22. 1. If an eligible customer is purchasing energy, capacity or ancillary services from a provider of new electric resources, the eligible customer may, pursuant to tariffs approved by the commission, replace some or all, but not less than all at a single time-of-use meter, of the energy, capacity or ancillary services purchased from the provider of new electric resources with energy, capacity or ancillary services purchased from an electric utility.

2. The tariffs approved by the commission pursuant to this section must include, without limitation:

(a) Provisions requiring the eligible customer to pay any incremental costs that are incurred by the electric utility to provide energy to the eligible customer;

(b) Provisions requiring the eligible customer to provide reasonable and adequate notice to the electric utility;

(c) Provisions establishing minimum terms during which the eligible customer must continue to purchase energy from the electric utility; and

(d) Any other provisions that the commission determines are necessary and reasonable to carry out and enforce the provisions of this section.

Sec. 23. 1. A provider of new electric resources shall not sell energy, capacity or ancillary services to an eligible customer unless the customer has a time-of-use meter installed at the point of delivery of energy to the eligible customer.

2. An electric utility shall install a time-of-use meter at each point of delivery of energy to the eligible customer if the eligible customer does not have a time-of-use meter at that point of delivery. The eligible customer shall pay all costs for the time-of-use meter and for installation of the time-of-use meter by the electric utility.

3. Not more than one person or entity may sell the energy that is delivered to an eligible customer through any one time-of-use meter.

4. The provisions of this section do not prohibit:

(a) An eligible customer from having more than one time-of-use meter installed for the same service location; or

(b) An eligible customer from installing any other meter or equipment that is necessary or appropriate to the transaction with the provider, if such a meter or equipment is otherwise consistent with system reliability.

Sec. 24. 1. An electric utility shall provide all transmission, distribution, metering and other components of electric service that are necessary for a provider of new electric resources to sell energy, capacity and ancillary services to an eligible customer pursuant to the provisions of this chapter. An electric utility shall provide each such component of electric service pursuant to the tariffs and service agreements filed with and approved by the appropriate regulatory authorities having jurisdiction over each such component of electric service.

2. For each such component of electric service that is within the jurisdiction of the commission, the commission shall establish just, reasonable and nondiscriminatory rates.

3. The provisions of this chapter do not enlarge or expand any existing rights under federal law or create any other rights with regard to the transmission system of the electric utility.

4. When providing service pursuant to this chapter, an electric utility is subject to all applicable statutes and regulations of this state and the United States.

Sec. 25. Not later than 30 days after the end of each calendar quarter, the commission shall submit to the legislative commission a written report which summarizes for that calendar quarter:

1. Each application which was filed with the commission pursuant to the provisions of this chapter and which requested approval of a proposed transaction between an eligible customer and a provider of new electric resources;

2. The information that the eligible customer included with the application;

3. The findings of the commission concerning the effect of the proposed transaction on the public interest; and

4. Whether the commission approved the application and, if so, the effective date of the proposed transaction, the terms and conditions of the proposed transaction, and the terms, conditions and payments ordered by the commission.

Sec. 26. The commission shall adopt regulations to carry out and enforce the provisions of this chapter.

Sec. 27. NRS 703.025 is hereby amended to read as follows:

703.025 1. The commission, by majority vote, shall organize the commission into sections, alter the organization of the commission and reassign responsibilities and duties of the sections of the commission as the commission deems necessary to provide:

(a) Advice and guidance to the commission on economic policies relating to utilities under the jurisdiction of the commission, and the regulation of such utilities;

(b) Administrative, technical, legal and support services to the commission; and

(c) For the regulation of utilities governed by the commission and the services offered by such utilities, including, but not limited to, licensing of such utilities and services and the resolution of consumer complaints.

2. The commission shall:

(a) Formulate the policies of the various sections of the commission;

(b) Coordinate the activities of the various sections of the commission;

(c) If customers are authorized by a specific statute to obtain a competitive, discretionary or potentially competitive utility service, take any actions which are consistent with the statute and which are necessary to [encourage and enhance:

(1) A] :

(1) Ensure, before a determination is made to deregulate a particular utility service or market, that a sufficient number of providers of the competitive, discretionary or potentially competitive utility service exist so that customers are able to benefit from the competitive market;

(2) Provide for an orderly and efficient transition from the regulated market to the competitive market and ensure that the transition, when completed, will not unreasonably prejudice or disadvantage any class of customers or any provider of the competitive, discretionary or potentially competitive utility service;

(3) Encourage and enhance the competitive market for the provision of [that] the competitive, discretionary or potentially competitive utility service to customers [in this state; and

(2) The] ; and

(4) Encourage and enhance the reliability and safety of the provision of [that] the competitive, discretionary or potentially competitive utility service [within that competitive market;] to customers; and

(d) Adopt such regulations consistent with law as the commission deems necessary for the operation of the commission and the enforcement of all laws administered by the commission.

3. Before reorganizing the commission, the commission shall submit the plan for reorganization to:

(a) The director of the legislative counsel bureau for transmittal to the appropriate legislative committee and the interim finance committee; and

(b) The director of the department of administration.

Sec. 28. NRS 703.030 is hereby amended to read as follows:

703.030 1. The commission consists of [three] five commissioners appointed by the governor . [for terms of] After the initial terms, the term of each commissioner is 4 years.

2. The governor shall appoint [as members of the commission persons] :

(a) One commissioner to represent the general public.

(b) Four commissioners who have at least 2 years of experience in one or more of the following fields:

[(a)] (1) Accounting.

[(b)] (2) Business administration.

[(c)] (3) Finance or economics.

[(d)] (4) Administrative law.

[(e)] (5) Professional engineering.

Not more than two of the commissioners appointed pursuant to this paragraph may be from the same field of experience.

3. Not more than [two] three of the commissioners may be [:

(a) Members] members of the same political party.

[(b) From the same field of experience.]

4. A vacancy on the commission must be filled for the remainder of the unexpired term in the same manner as the original appointment.

Sec. 29. NRS 703.070 is hereby amended to read as follows:

703.070 The governor shall designate one of the commissioners to be chairman, whose term as chairman shall be at the pleasure of the governor. [The chairman shall serve as the executive officer of the commission.]

Sec. 30. NRS 703.110 is hereby amended to read as follows:

703.110 1. [The] Except as otherwise provided in subsection 2, the majority of the commissioners have full power to act in all matters within [their jurisdiction.] the jurisdiction of the commission and shall exercise all the powers of the commission.

2. If [two] the majority of the commissioners are disqualified or if there are [two] vacancies within the majority of the commission, the remaining commissioners or, if only one commissioner is remaining, the remaining commissioner [or] has full power to act in all matters within the jurisdiction of the commission and shall exercise all the powers of the commission.

3. Except as otherwise provided in this chapter, all hearings and meetings conducted by the commission must be open to the public.

Sec. 31. NRS 703.130 is hereby amended to read as follows:

703.130 1. The commission shall appoint a deputy commissioner who shall serve in the unclassified service of the state.

2. The commission shall appoint a secretary who shall perform such administrative and other duties as are prescribed by the commission. The commission shall also appoint an assistant secretary.

3. The commission may employ such other clerks, experts or engineers as may be necessary.

4. Except as otherwise provided in this subsection, any person who is employed by the commission in a full-time position that is in the unclassified service of the state and whose aggregate length of service in all positions with the commission exceeds 1 year:

(a) Shall be deemed to be a permanent classified employee of the state pursuant to chapter 284 of NRS exclusively for the purposes of discipline, demotion, suspension and dismissal; and

(b) Must not be disciplined, demoted, suspended or dismissed in a manner that is inconsistent with the provisions of chapter 284 of NRS and the regulations adopted pursuant thereto, as those provisions and regulations are applied to a permanent classified employee of the state.

The provisions of this subsection do not apply to any person who is serving as a commissioner or deputy commissioner or as a hearing officer or legal counsel for the commission.

5. Except as otherwise provided in subsection [5,] 6, the commission:

(a) May appoint one or more hearing officers for a period specified by the commission to conduct proceedings or hearings that may be conducted by the commission pursuant to chapters 704, 704A, 705, 708 and 711 of NRS [.] and sections 3 to 26, inclusive, of this act.

(b) Shall prescribe by regulation the procedure for appealing a decision of a hearing officer to the commission.

[5.] 6. The commission shall not appoint a hearing officer to conduct proceedings or hearings :

(a) In any matter pending before the commission pursuant to sections 8 to 18, inclusive, of [this act.] Assembly Bill No. 369 of this session; or

(b) In any matter pending before the commission pursuant to NRS 704.070 to 704.110, inclusive, and sections 48 to 52, inclusive, of this act in which an electric utility has filed a general rate application or an application to clear its deferred accounts.

7. As used in this section, “electric utility” has the meaning ascribed to it in section 19 of Assembly Bill No. 369 of this session.

Sec. 32. NRS 703.147 is hereby amended to read as follows:

703.147 1. The public utilities commission regulatory fund is hereby created as a special revenue fund. All money collected by the commission pursuant to law must be deposited in the state treasury for credit to the fund. Money collected [for] by the commission:

(a) For the use of the consumer’s advocate of the bureau of consumer protection in the office of the attorney general must be transferred pursuant to the provisions of subsection 8 of NRS 704.035.

(b) For the use of the task force for renewable energy and energy conservation must be transferred pursuant to the provisions of subsection 5 of section 47 of this act.

2. Money in the fund which belongs to the commission may be used only to defray the costs of:

(a) Maintaining staff and equipment to regulate adequately public utilities and other persons subject to the jurisdiction of the commission.

(b) Participating in all rate cases involving those persons.

(c) Audits, inspections, investigations, publication of notices, reports and retaining consultants connected with that regulation and participation.

(d) The salaries, travel expenses and subsistence allowances of the members of the commission.

3. All claims against the fund must be paid as other claims against the state are paid.

4. The commission must furnish upon request a statement showing the balance remaining in the fund as of the close of the preceding fiscal year.

Sec. 33. NRS 703.150 is hereby amended to read as follows:

703.150 The commission shall [supervise] :

1. Supervise and regulate the operation and maintenance of public utilities and other persons named and defined in chapters 704, 704A and 708 of NRS pursuant to the provisions of those chapters.

2. Carry out the purposes and provisions of sections 3 to 26, inclusive, of this act and any other specific statute relating to the powers and duties of the commission.

Sec. 34. NRS 703.164 is hereby amended to read as follows:

703.164 1. The commission may employ, or retain on a contract basis, legal counsel who shall:

(a) Except as otherwise provided in subsection 2, be counsel and attorney for the commission in all actions, proceedings and hearings.

(b) Prosecute in the name of the [public utilities commission of Nevada] commission all civil actions for the enforcement of chapters 704, 704A, 705 and 708 of NRS and sections 3 to 26, inclusive, of this act and for the recovery of any penalty or forfeiture provided for therein.

(c) Generally aid the commission in the performance of its duties and the enforcement of chapters 704, 704A, 705 and 708 of NRS [.] and sections 3 to 26, inclusive, of this act.

2. Each district attorney shall:

(a) Prosecute any violation of chapter 704, 704A, 705, 708 or 711 of NRS and sections 3 to 26, inclusive, of this act for which a criminal penalty is provided and which occurs in his county.

(b) Aid in any investigation, prosecution, hearing or trial held under the provisions of chapter 704, 704A, 705, 708 or 711 of NRS and sections 3 to 26, inclusive, of this act and, at the request of the commission or its legal counsel, act as counsel and attorney for the commission.

3. The attorney general shall, if the district attorney fails or refuses to do so, prosecute all violations of the laws of this state by public utilities under the jurisdiction of the commission and their officers, agents and employees.

4. The attorney general is not precluded from appearing in or moving to intervene in any action and representing the interest of the State of Nevada in any action in which the commission is a party and is represented by independent counsel.

Sec. 35. NRS 703.197 is hereby amended to read as follows:

703.197 1. The commission may collect fees for the filing of any official document required by this chapter and chapters 704, 704A, 705 and 708 of NRS and sections 3 to 26, inclusive, of this act or by a regulation of the commission.

2. Filing fees may not exceed:

(a) For applications, $200.

(b) For petitions seeking affirmative relief, $200.

(c) For each tariff page which requires public notice and is not attached to an application, $10. If more than one page is filed at one time, the total fee may not exceed the cost of notice and publication.

(d) For all other documents which require public notice, $10.

3. If an application or other document is rejected by the commission because it is inadequate or inappropriate, the filing fee must be returned.

4. The commission may not charge any fee for filing a complaint.

Sec. 36. NRS 703.320 is hereby amended to read as follows:

703.320 1. In any matter pending before the commission, if a hearing is required by a specific statute or is otherwise required by the commission, the commission shall give notice of the pendency of the matter to all persons entitled to notice of the hearing. The commission shall by regulation specify:

(a) The manner of giving notice in each type of proceeding; and

(b) The persons entitled to notice in each type of proceeding.

2. The commission shall not dispense with a hearing [in] :

(a) In any matter pending before the commission pursuant to sections 8 to 18, inclusive, of [this act.] Assembly Bill No. 369 of this session; or

(b) Except as otherwise provided in subsection 4 of NRS 704.100, in any matter pending before the commission pursuant to NRS 704.070 to 704.110, inclusive, and sections 48 to 52, inclusive, of this act in which an electric utility has filed a general rate application or an application to clear its deferred accounts.

3. In any other matter pending before the commission, the commission may dispense with a hearing and act upon the matter pending unless, within 10 days after the date of the notice of pendency, a person entitled to notice of the hearing files with the commission a request that the hearing be held. If such a request for a hearing is filed, the commission shall give at least 10 days’ notice of the hearing.

4. As used in this section, “electric utility” has the meaning ascribed to it in section 19 of Assembly Bill No. 369 of this session.

Sec. 37. NRS 703.374 is hereby amended to read as follows:

703.374 1. A court of competent jurisdiction, after hearing, may issue an injunction suspending or staying any final order of the commission if:

(a) The applicant has filed a motion for a preliminary injunction;

(b) The applicant has served the motion on the commission and other interested parties within 20 days after the rendition of the order on which the complaint is based;

(c) The court finds there is a reasonable likelihood that the applicant will prevail on the merits of the matter and will suffer irreparable injury if injunctive relief is not granted; and

(d) The applicant files a bond or other undertaking to secure the adverse parties in such manner as the court finds sufficient.

2. The decision of the commission on each matter considered shall be deemed reasonable and just until set aside by the court . [, and in] In all actions for an injunction or [otherwise] for any other relief, the burden of proof is upon the party attacking or resisting the order of the commission to show by clear and satisfactory evidence that the order is unlawful [,] or unreasonable . [, as the case may be.]

3. If an injunction is granted by the court and the order complained of is one which [permanently suspends] :

(a) Disapproves a public utility’s proposed changes in a schedule of rates [and charges or a] , or any part thereof , [filed by any public utility] pursuant to NRS 704.070 to 704.110, inclusive, [or which otherwise] and sections 48 to 52, inclusive, of this act; or

(b) Otherwise prevents the proposed changes in the schedule , or any part thereof , from taking effect,

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the public utility complaining may [keep in effect or put] place into effect [, as the case may be, the suspended] the proposed changes in the schedule , or any part thereof , pending final determination by the court having jurisdiction, by filing a bond with the court in such an amount as the court may fix, conditioned upon the refund to persons entitled to the excess amount if the [rate or rates so suspended] proposed changes in the schedule, or any part thereof, are finally determined by the court to be excessive.

Sec. 38. NRS 703.377 is hereby amended to read as follows:

703.377 1. [No] Any certificate of public convenience and necessity, permit or license issued or transferred in accordance with the [terms] provisions of NRS [704.005] 704.001 to 704.751, inclusive, is [either] not a franchise or irrevocable.

2. Upon receipt of a written complaint or on its own motion, the commission may, after investigation and hearing, revoke any certificate, permit or license, [but as to] except that the commission may not revoke the certificate of a public utility [only if] unless the commission has arranged for another public utility to provide the service for which the certificate was granted.

3. [The proceedings thereafter are governed by] If the commission revokes any certificate, permit or license, the person who held the certificate, permit or license may seek judicial review pursuant to the provisions of NRS 703.373 to 703.376, inclusive.

Sec. 39. NRS 703.380 is hereby amended to read as follows:

703.380 1. Unless another penalty is specifically provided, any public utility or any officer, agent or employee of a public utility who:

(a) Violates any of the provisions of this chapter or chapters 704, 705 and 708 of NRS [;] and sections 3 to 26, inclusive, of this act;

(b) Violates any rule or regulation of the commission; or

(c) Fails, neglects or refuses to obey any order of the commission or any order of a court requiring compliance with an order of the commission,

is liable for a civil penalty not to exceed $1,000 per day for each day of the violation and not to exceed $100,000 for any related series of violations.

2. The amount of any civil penalty to be imposed pursuant to this section, and the propriety of any compromise of a penalty, must be determined by a court of competent jurisdiction upon the complaint of the commission.

3. Subject to the approval of the court, any civil penalty may be compromised by the commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, must be considered.

4. Any penalty assessed pursuant to this section is not a cost of service by the public utility and may not be included in any new application by a public utility for a rate adjustment or rate increase.

Sec. 40. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 41 to 52, inclusive, of this act.

Sec. 41. “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:

1. Agricultural crops and agricultural wastes and residues;

2. Wood and wood wastes and residues;

3. Animal wastes;

4. Municipal wastes; and

5. Aquatic plants.

Sec. 42. “Consumer’s advocate” means the consumer’s advocate of the bureau of consumer protection in the office of the attorney general.

Sec. 43. 1. “Renewable energy” means:

(a) Biomass;

(b) Hydrogen;

(d) Solar energy;

(e) Waterpower; and

(f) Wind.

2. The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

Sec. 44. 1. For the purposes of protecting the health of residential customers who receive gas, water or electricity from public utilities, the commission shall adopt regulations that:

(a) Establish the criteria that will be used to determine when a public utility is required to postpone its termination of utility service to the residence of a residential customer who has failed to pay for such service. Such criteria may be based, in whole or in part, upon the residential customer’s ability to pay.

(b) Require a public utility to postpone its termination of utility service to the residence of a residential customer who has failed to pay for such service if the residential customer satisfies the criteria established by the commission and:

(1) On the date of termination, the residence of the residential customer is located in an area that is experiencing a climatic extreme and the utility service that will be terminated is necessary to control the temperature of the residence of the residential customer; or

(2) Termination of the utility service is reasonably likely to threaten the health of an occupant of the residence of the residential customer.

2. In addition to the regulations adopted pursuant to subsection 1, for the purposes of regulating public utilities that provide gas, water or electricity to landlords who pay for the utility service and who distribute or resell the gas, water or electricity to one or more residential tenants, the commission shall adopt regulations that:

(a) Require a public utility to provide reasonable and adequate notice to each such residential tenant before the public utility terminates utility service because the landlord has failed to pay for such service.

(b) Provide such residential tenants and their occupants with protections that are similar to the protections afforded to residential customers and their occupants pursuant to subsection 1.

(c) Establish procedures and priorities for the resumption of utility service by a public utility after it terminates utility service because the landlord has failed to pay for such service.

(d) Establish any additional protections that the commission determines are necessary to protect such residential tenants for the period before or after a public utility terminates utility service because the landlord has failed to pay for such service.

3. A public utility shall not terminate utility service for gas, water or electricity without complying with the regulations adopted by the commission pursuant to this section.

4. As used in this section:

(a) “Gas” includes, without limitation, liquefied petroleum gas and natural gas.

(b) “Landlord” means a landlord who is subject, in whole or in part, to the provisions of chapter 118A or 118B of NRS.

Sec. 45. 1. If a public utility purchases electricity for resale pursuant to multiple contracts or existing obligations for the purchase of power, the public utility shall, to the extent practicable, ensure that the duration of such contracts or obligations are varied to protect the customers of the public utility from the effects of fluctuations in the price of electricity.

2. In determining whether the purchase of electricity for resale by a public utility is in the public interest pursuant to NRS 704.320, the commission shall consider whether the public utility is taking prudent actions to ensure that the duration of its contracts and obligations for the purchase of power are varied to protect the customers of the public utility from the effects of fluctuations in the price of electricity.

Sec. 46. 1. If any person intends to construct an electric generating unit or increase the generating capacity of an electric generating unit and the commission has jurisdiction concerning the matter, the commission shall consider, in determining whether to grant:

(a) A certificate of public convenience and necessity;

(b) A permit for construction pursuant to NRS 704.820 to 704.900, inclusive; or

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whether the electric generating unit or the increased generating capacity of the electric generating unit will benefit the residents of this state by increasing the quantity of electricity that will be available for purchase in this state.

2. As used in this section:

(a) “Electric generating unit” means an electric generating unit that uses any form of energy to generate electricity.

(b) “Person” means:

(1) A natural person;

(2) Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization;

(3) A government or an agency or instrumentality of a government, including, without limitation, this state or an agency or instrumentality of this state; and

(4) A political subdivision of this state or of any other government or an agency or instrumentality of a political subdivision of this state or of any other government.

Sec. 47. 1. The commission shall levy and collect an assessment from each person who operates a new electric generating unit in this state, whether or not the person or the new electric generating unit is otherwise subject to regulation by the commission.

2. The commission shall levy the assessment not more than once on each new electric generating unit which is capable of being operated independently from any other electric generating unit that is or will be part of or connected to any associated facilities. The commission shall levy the assessment on each new electric generating unit whether or not any other electric generating unit that is or will be part of or connected to any associated facilities has begun commercial operation or has had an assessment levied on it pursuant to this section.

3. The amount of the assessment levied on each new electric generating unit must equal the product obtained by multiplying the maximum generating capacity of the new electric generating unit, as determined by the commission and expressed in megawatts, by the sum of $1,000.

4. Each person who is required to pay the assessment levied on a new electric generating unit shall pay the full assessment to the commission not later than 30 days after the date on which the new electric generating unit begins, in whole or in part, commercial operation.

5. The commission shall, on a quarterly basis, transfer any money collected pursuant to this section to the state treasurer for credit to the trust fund for renewable energy and energy conservation, which is created by section 104 of this act.

6. As used in this section:

(a) “New electric generating unit” means an electric generating unit that:

(1) Uses a form of energy other than renewable energy as its primary source of energy to generate electricity sold at wholesale or retail;

(2) Has a maximum generating capacity of 1 megawatt or more; and

(3) Begins, in whole or in part, commercial operation on or after the effective date of this act, whether or not construction began on the electric generating unit before the effective date of this act.

(b) “Person” means:

(1) A natural person;

(3) A government or an agency or instrumentality of a government, including, without limitation, this state or an agency or instrumentality of this state; and

(4) A political subdivision of this state or of any other government or an agency or instrumentality of a political subdivision of this state or of any other government.

(1) Biomass;

(2) Hydrogen;

(3) Geothermal energy;

(4) Solar energy;

(5) Waterpower; and

(6) Wind.

The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

Sec. 48. As used in NRS 704.070 to 704.110, inclusive, and sections 48 to 52, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 49, 50 and 51 of this act have the meanings ascribed to them in those sections.

Sec. 49. “Application to make changes in any schedule” and “application” include, without limitation:

1. A general rate application;

2. An application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale; and

3. An application to clear deferred accounts.

Sec. 50. “Rate” means any individual or joint rate, toll or charge imposed by a public utility for a service performed or product furnished by the public utility.

Sec. 51. “Schedule” means any schedule that establishes or otherwise sets the rates for a public utility and any individual or joint rule, regulation, practice, classification or measurement that in any manner affects those rates.

Sec. 52. For the purposes of NRS 704.070 to 704.110, inclusive, and sections 48 to 52, inclusive, of this act, a public utility shall be deemed to make changes in a schedule if the public utility implements a new schedule or amends an existing schedule.

Sec. 53. NRS 704.005 is hereby amended to read as follows:

704.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 704.010 to 704.030, inclusive, and sections 41 and 42 of this act have the meanings ascribed to them in those sections.

Sec. 54. NRS 704.033 is hereby amended to read as follows:

704.033 1. The commission shall levy and collect an annual assessment from all public utilities subject to the jurisdiction of the commission.

2. Except as otherwise provided in subsection 3, the annual assessment must be:

(a) For the use of the commission, not more than 3.50 mills; and

(b) For the use of the consumer’s advocate , [of the bureau of consumer protection in the office of the attorney general,] not more than 0.75 mills,

on each dollar of gross operating revenue derived from the intrastate operations of such utilities in the State of Nevada, except that the minimum assessment in any 1 year must be $10. The total annual assessment must be not more than 4.25 mills.

3. For railroads the total annual assessment must be the amount levied for the use of the commission pursuant to paragraph (a) of subsection 2. The levy for the use of the consumer’s advocate must not be assessed against railroads.

4. The gross operating revenue of the utilities must be determined for the preceding calendar year. In the case of:

(a) Telephone utilities, except as otherwise provided in paragraph (c), the revenue shall be deemed to be all intrastate revenues that are considered by the commission for the purpose of establishing rates.

(b) Railroads, the revenue shall be deemed to be the revenue received only from freight and passenger intrastate movements.

(c) All public utilities, the revenue does not include the proceeds of any commodity, energy or service furnished to another public utility for resale.

Sec. 55. NRS 704.035 is hereby amended to read as follows:

704.035 1. On or before June 1 of each year, the commission shall mail revenue report forms to all public utilities under its jurisdiction, to the address of those utilities on file with the commission. The revenue report form serves as notice of the commission’s intent to assess the utilities, but failure to notify any utility does not invalidate the assessment with respect thereto.

2. Each public utility subject to the provisions of NRS 704.033 shall complete the revenue report referred to in subsection 1, compute the assessment and return the completed revenue report to the commission accompanied by payment of the assessment and any penalty due, pursuant to the provisions of subsection 5.

3. The assessment is due on July 1 of each year, but may, at the option of the public utility, be paid quarterly on July 1, October 1, January 1 and April 1.

4. The assessment computed by the utility is subject to review and audit by the commission, and the amount of the assessment may be adjusted by the commission as a result of the audit and review.

5. Any public utility failing to pay the assessment provided for in NRS 704.033 on or before August 1, or if paying quarterly, on or before August 1, October 1, January 1 or April 1, shall pay, in addition to such assessment, a penalty of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent, or $10, whichever is greater, but no penalty may exceed $1,000 for each delinquent payment.

6. When a public utility sells, transfers or conveys substantially all of its assets or certificate of public convenience and necessity, the commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after the sale, transfer or conveyance, unless the transferee has assumed liability for the assessment. For purposes of this subsection the jurisdiction of the commission over the selling, transferring or conveying public utility continues until it has paid the assessment.

7. The commission may bring an appropriate action in its own name for the collection of any assessment and penalty which is not paid as provided in this section.

8. The commission shall, on a quarterly basis, transfer to the account for the consumer’s advocate [of the bureau of consumer protection in the office of the attorney general] that portion of the assessments collected which belongs to the consumer’s advocate.

Sec. 56. NRS 704.070 is hereby amended to read as follows:

704.070 Unless exempt under the provisions of NRS 704.075 , 704.095 or 704.097:

1. [Every] Each public utility shall file with the commission, within a time to be fixed by the commission, a copy of all schedules [which] that are currently in force for the public utility. Such schedules must be open to public inspection . [, showing all rates, tolls and charges which it has established and which are in force at the time for any service performed or product furnished in connection therewith by any public utility controlled and operated by it.

2. All rules or regulations that in any manner affect the rates charged or to be charged for any service or product must be filed with that schedule.]

2. A copy of each schedule that is currently in force for the public utility, or so much of the schedule as the commission deems necessary for inspection by the public, must be:

(a) Printed in plain type and posted in each office of the public utility where payments are made to the public utility by its customers; and

(b) Open to inspection by the public and in such form and place as to be readily accessible to and conveniently inspected by the public.

Sec. 57. NRS 704.075 is hereby amended to read as follows:

704.075 1. As used in this section, with respect to the sale of natural gas:

(a) “Generating customer” means a customer who generates electricity by burning natural gas.

(b) “Industrial customer” means a customer engaged primarily in manufacturing or processing which changes raw or unfinished materials into another form or creates another product.

(c) “Large commercial customer” means a customer whose requirements equal or exceed [50 thousand] 50,000 cubic feet of natural gas per day on any day and which is an institution, an agency of federal, state or local government, or engaged primarily in renting out offices or other commercial space, in providing lodging or in the sale of other goods or services.

2. The commission shall establish standards for the setting, increase or decrease of rates [and charges] for natural gas to generating, industrial and large commercial customers. These standards must authorize increases or decreases on less than 30 days’ notice. Establishing different classes of customers, and charging different rates to customers of the same class, for these customers do not violate this chapter.

3. The commission may, for sales to generating, industrial and large commercial customers:

(a) Exempt the [filing of] rates for natural gas from those provisions of NRS [704.080, 704.090,] 704.070, 704.100 and 704.110 [which it] that the commission determines are not needed to protect the public interest.

(b) Authorize the establishment of different classes of customer or the charging of different rates for customers of the same class, based on value of the service and on the customer’s ability to change from one fuel to another.

Sec. 58. NRS 704.100 is hereby amended to read as follows:

704.100 Except as otherwise provided in NRS 704.075 or as may otherwise be provided by the commission pursuant to NRS 704.095 [, 704.097 or 704.275:

1. No changes may be made] or 704.097:

1. A public utility shall not make changes in any schedule, [including schedules of joint rates, or in the rules or regulations affecting any rates or charges, except upon 30 days’ notice to the commission, and all changes must be plainly indicated, or by filing new schedules in lieu thereof 30 days before the time the schedules are to take effect. The commission, upon application of any public utility, may prescribe a shorter time within which a reduction may be made.

2. Copies] unless the public utility files with the commission an application to make the proposed changes and the commission approves the proposed changes pursuant to NRS 704.110.

2. A public utility shall post copies of all proposed[,] schedules and all new or amended schedules [must be filed and posted in the offices of public utilities as required for original schedules.] in the same offices and in substantially the same form, manner and places as required by NRS 704.070 for the posting of copies of schedules that are currently in force.

3. A public utility may not set forth as justification for a rate increase any items of expense or rate base [which] that previously have been considered and disallowed by the commission, [only if] unless those items are clearly identified in the application and new facts or considerations of policy for each item are advanced in the application to justify a reversal of the [commission’s] prior decision[.

4. The commission shall determine whether a hearing must be held when] of the commission.

4. Except as otherwise provided in subsection 5, if the proposed change in any schedule [stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge,] will result in an increase in annual gross operating revenue , as certified by the applicant [of $2,500 or less.] , in an amount that does not exceed $2,500, the commission shall determine whether it should dispense with a hearing regarding the proposed change.

5. If the applicant is a public utility furnishing telephone service and the proposed change in any schedule will result in an increase in annual gross operating revenue, as certified by the applicant, in an amount that does not exceed $50,000 or 10 percent of the applicant’s annual gross operating revenue, whichever is less, the commission shall determine whether it should dispense with a hearing regarding the proposed change.

6. In making the determination pursuant to subsection 4 or 5, the commission shall first consider all timely written protests, any presentation the staff of the commission may desire to present, the application of the public utility and any other matters deemed relevant by the commission.

Sec. 59. NRS 704.110 is hereby amended to read as follows:

704.110 Except as otherwise provided in NRS 704.075 or as may otherwise be provided by the commission pursuant to NRS 704.095 or 704.097:

1. [Whenever there is filed] If a public utility files with the commission an application to make changes in any schedule [stating a new or revised individual or joint rate or charge, or any new or revised individual or joint regulation or practice affecting any rate or charge, or any schedule resulting] , including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the commission [may, upon complaint or upon its own motion without complaint, at once, without answer or formal pleading by the interested utility, investigate or, upon reasonable notice, conduct a hearing concerning] shall investigate the propriety of the [rate, charge, classification, regulation, discontinuance, modification, restriction or practice.

2. Pending the investigation or hearing and the decision thereon, the commission, upon delivering to the utility affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of the schedule and defer the use of the rate, charge, classification, regulation, discontinuance, modification, restriction or practice. If the rate, charge, classification, regulation, discontinuance, modification, restriction or practice is part of:

(a) A filing made pursuant to subsection 7, the suspension must not be effective for more than 90 days beyond the time when the rate, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.

(b) Any other filing made pursuant to this section, the suspension must not be effective for more than 150 days beyond the time when the rate, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.

3. Whenever there is filed] proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an application to clear its deferred accounts, the consumer’s advocate shall be deemed a party of record.

2. Except as otherwise provided in subsection 3, if a public utility files with the commission an application to make changes in any schedule, not later than 180 days after the date on which the application is filed, the commission shall issue a written order approving or disapproving, in whole or in part, the proposed changes.

3. If a public utility files with the commission [any schedule stating an increased individual or joint rate or charge for service or equipment,] a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. [During any hearing concerning the increased rates or charges determined by the commission to be necessary,] In determining whether to approve or disapprove any increased rates, the commission shall consider evidence in support of the increased rates [or charges] based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but [no new rates or charges may be placed] the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the commission [.] and the commission has approved the increased rates. The commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utility’s plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the [filing with the commission of] date on which the certification required [in] by this subsection [, or before the expiration of any period of suspension ordered pursuant to subsection 2,] is filed with the commission, or within 180 days after the date on which the general rate application is filed with the commission, whichever time is longer, the commission shall make such order in reference to [those rates or charges] the increased rates as is required by this chapter. An electric utility shall file a general rate application pursuant to this subsection at least once every 24 months.

4. [After full investigation or hearing, whether completed before or after the date upon which the rate, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to the rate, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.

5. Except as otherwise provided in subsection 6, whenever] If a public utility files with the commission an application to make changes in any schedule and the commission does not issue a final written order regarding the proposed changes within the time required by this section, the proposed changes shall be deemed to be approved by the commission.

5. If a public utility files with the commission a general rate application [for an increased rate or charge for, or classification, regulation, discontinuance, modification, restriction or practice involving service or equipment has been filed with the commission, a] , the public utility shall not [submit] file with the commission another general rate application until all pending general rate applications [for increases in rates submitted] filed by that public utility have been decided by the commission unless, after application and hearing, the commission determines that a substantial financial emergency would exist if the [other application] public utility is not permitted to [be submitted] file another general rate application sooner. The provisions of this subsection do not prohibit the public utility from filing with the commission, while a general rate application is pending, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale pursuant to subsection 6 or an application to clear its deferred accounts pursuant to subsection 7, if the public utility is otherwise authorized by those provisions to file such an application.

6. A public utility may file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale once every 30 days. The provisions of this subsection do not apply to an electric utility using deferred accounting pursuant to section 19 of [this act.] Assembly Bill No. 369 of this session.

7. Except as otherwise provided in subsection 8 [, whenever] and subsection 4 of NRS 704.100, if an electric utility using deferred accounting pursuant to section 19 of [this act] Assembly Bill No. 369 of this session files an application to clear its deferred accounts and to change one or more of its rates [or charges] based upon changes in the costs for purchased fuel or purchased power, the commission, after a public hearing and by an appropriate order:

(a) Shall allow the electric utility to clear its deferred accounts by refunding any credit balance or recovering any debit balance over a period not to exceed 3 years, as determined by the commission.

(b) Shall not allow the electric utility to recover any debit balance, or portion thereof, in an amount that would result in a rate of return during the period of recovery that exceeds the rate of return authorized by the commission in the most recently completed rate proceeding for the electric utility.

8. Before allowing an electric utility to clear its deferred accounts pursuant to subsection 7, the commission shall determine whether the costs for purchased fuel and purchased power that the electric utility recorded in its deferred accounts are recoverable and whether the revenues that the electric utility collected from customers in this state for purchased fuel and purchased power are properly recorded and credited in its deferred accounts. The commission shall not allow the electric utility to recover any costs for purchased fuel and purchased power that were the result of any practice or transaction that was undertaken, managed or performed imprudently by the electric utility.

9. [Whenever] If an electric utility files an application to clear its deferred accounts pursuant to subsection 7 while a general rate application is pending, the electric utility shall:

(a) Submit with its application to clear its deferred accounts information relating to the cost of service and rate design; and

(b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.

10. A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing such a facility.

11. As used in this section, “electric utility” has the meaning ascribed to it in section 19 of [this act.] Assembly Bill No. 369 of this session.

Sec. 60. NRS 704.329 is hereby amended to read as follows:

704.329 1. Except as otherwise provided in [this section , a] subsection 6:

(a) A person shall not merge with, directly acquire, indirectly acquire through a subsidiary or affiliate, or otherwise directly or indirectly obtain control of a public utility doing business in this state or an entity that holds a controlling interest in such a public utility without first submitting to the commission an application for authorization of the proposed [merger, acquisition or other] transaction and obtaining authorization from the commission.

(b) A public utility doing business in this state shall not merge with, directly acquire, indirectly acquire through a subsidiary or affiliate, or otherwise directly or indirectly obtain control of another entity without first submitting to the commission an application for authorization of the proposed transaction and obtaining authorization from the commission. The provisions of this paragraph do not apply to such a public utility if, in the most recently completed calendar quarter, not more than 10 percent of the public utility’s gross operating revenue was derived from intrastate services provided to retail customers in this state by the public utility.

(c) An entity that holds a controlling interest in a public utility doing business in this state shall not merge with, directly acquire, indirectly acquire through a subsidiary or affiliate, or otherwise directly or indirectly obtain control of another entity without first submitting to the commission an application for authorization of the proposed transaction and obtaining authorization from the commission. The provisions of this paragraph do not apply to such an entity if, in the most recently completed calendar quarter, not more than 10 percent of the entity’s gross operating revenue was derived from intrastate services provided to retail customers in this state by public utilities in which the entity holds a controlling interest.

2. Any [merger, acquisition or other] transaction that violates the provisions of this section is void and unenforceable and is not valid for any purpose.

3. Before authorizing a proposed [merger, acquisition or other] transaction pursuant to this section, the commission shall consider the effect of the proposed [merger, acquisition or other] transaction on the public interest and the customers in this state. The commission shall not authorize the proposed [merger, acquisition or other] transaction unless the commission finds that the proposed [merger, acquisition or other] transaction:

(a) Will be in the public interest; and

(b) Complies with the provisions of sections 8 to 18, inclusive, of [this act,] Assembly Bill No. 369 of this session, if the proposed [merger, acquisition or other] transaction is subject to those provisions.

4. The commission may base its authorization of the proposed [merger, acquisition or other] transaction upon such terms, conditions or modifications as the commission deems appropriate.

5. If the commission does not issue a final order regarding the proposed [merger, acquisition or other] transaction within 180 days after the date on which an application or amended application for authorization of the proposed [merger, acquisition or other] transaction was filed with the commission, and the proposed [merger, acquisition or other] transaction is not subject to the provisions of sections 8 to 18, inclusive, of [this act,] Assembly Bill No. 369 of this session, the proposed [merger, acquisition or other] transaction shall be deemed to be authorized by the commission.

6. The provisions of this section do not apply to the transfer of stock of a public utility doing business in this state or to the transfer of the stock of an entity [holding] that holds a controlling interest in such a public utility, if a transfer of not more than 25 percent of the common stock of such a public utility or entity is proposed.

7. As used in this section:

(a) “Affiliate” means an entity that, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another entity.

(b) “Entity” means any person other than a natural person, including, without limitation, a public utility and an entity that holds a controlling interest in a public utility.

(1) A natural person;

(3) A government or an agency or instrumentality of a government, including, without limitation, this state or an agency or instrumentality of this state; and

(4) A political subdivision of this state or of any other government or an agency or instrumentality of a political subdivision of this state or of any other government.

(d) “Transaction” means a merger, acquisition or change in control described in subsection 1.

Sec. 61. NRS 704.68964 is hereby amended to read as follows:

704.68964 1. An electing carrier may, pursuant to this section and in accordance with NRS 704.68976, exercise flexibility in the pricing of:

(a) Competitive services and discretionary services. The commission shall not specify a maximum rate for any competitive services or discretionary services of the electing carrier. The electing carrier shall, with regard to any competitive or discretionary service that it provides, set the price of that service above the price floor of the service.

(b) A package of services, which may include basic network services, competitive services, discretionary services and other essential services.

2. Except as otherwise provided in this subsection, an electing carrier may, upon 30-days’ notice to the commission in writing, exercise flexibility in the pricing of its services pursuant to subsection 1 and is exempt, with respect to the pricing of its services, from the provisions of NRS 704.100 and 704.110 and the regulations of the commission relating thereto. The notice must include a description in reasonable detail of:

(a) The characteristics of the services that will be subject to flexibility in pricing;

(b) The terms and conditions applicable to the services;

(d) The price or prices of the services or packages of services; and

(e) A certificate which provides that the electing carrier has prepared a cost study of the price floor to support the price or prices for each service and that, on and after the date on which the notice is filed with the commission, any affected person may, upon request, inspect and copy the cost study, subject to reasonable terms and conditions of any applicable confidentiality and nondisclosure agreement relating to the services.

The notice requirements of this subsection do not apply to an electing carrier with respect to the pricing of competitive services or for packages comprised exclusively of competitive services.

3. The price for a package of services must not be lower than the lesser of:

(a) The sum of the price floors for each of the services contained in the package; or

(b) The sum of the prices of the basic network services, as set forth in the tariffs of the electing carrier, and the price floors for each of the other services contained in the package.

4. The commission shall not specify a maximum rate for a package of services.

5. Each of the services included in a package pursuant to paragraph (b) of subsection 1 must be made available on an individual basis.

Sec. 62. NRS 704.68972 is hereby amended to read as follows:

704.68972 1. An electing carrier may introduce new services upon 30-days’ notice to the commission in writing. The notice must include a description in reasonable detail of:

(a) The characteristics of each new service;

(b) The terms and conditions applicable to each new service;

(d) The price or prices of each new service; and

(e) A certificate that provides that the electing carrier has prepared a cost study of the price floor to support the price or prices for each new service and that, on and after the date on which the notice is filed with the commission, any affected person may, upon request, inspect and copy the cost study, subject to reasonable terms and conditions of any applicable confidentiality and nondisclosure agreement.

2. Each new service is subject to the conditions set forth in NRS 704.68964.

3. Each new service is exempt from the provisions of NRS 704.100 and 704.110 and the regulations of the commission relating thereto.

4. Unless otherwise classified by the commission as a competitive service pursuant to its regulations, a new service must be classified as a discretionary service for which the commission shall not specify a maximum rate. The electing carrier shall set the price of the new service above the price floor of the service.

5. As used in this section, a “new service” means a telecommunication service:

(a) That provides a function, feature or capability which is materially different from any service or services previously offered by the carrier; or

(b) Combines two or more previously provided new services.

Sec. 63. NRS 704.767 is hereby amended to read as follows:

704.767 As used in NRS [704.767] 704.766 to 704.775, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.768 to 704.772, inclusive, and section 43 of this act have the meanings ascribed to them in those sections.

Sec. 64. NRS 704.771 is hereby amended to read as follows:

704.771 “Net metering system” means a facility or energy system for the [production of electrical energy] generation of electricity that:

1. Uses [wind or solar] renewable energy as its primary source of [fuel;] energy to generate electricity;

2. Has a generating capacity of not more than [10] 20 kilowatts;

3. Is located on the customer-generator’s premises;

4. Operates in parallel with the utility’s transmission and distribution facilities; and

5. Is intended primarily to offset part or all of the customer-generator’s requirements for electricity.

Sec. 65. NRS 704.773 is hereby amended to read as follows:

704.773 1. A utility shall offer net metering, as set forth in NRS 704.775, to the customer-generators operating within its service area . [until 100 of those customer-generators have accepted the offer.]

2. A utility:

(a) Shall offer to make available to each of its customer-generators who has accepted its offer for net metering an energy meter that is capable of registering the flow of electricity in two directions.

(b) May, at its own expense and with the written consent of the customer-generator, install one or more additional meters to monitor the flow of electricity in each direction.

(c) Shall not charge a customer-generator any fee or charge that would increase the customer-generator’s minimum monthly charge to an amount greater than that of other customers of the utility in the same rate class as the customer-generator.

(d) Shall ensure that for any period in which a customer-generator is generating and feeding electricity back to the utility, the electricity so generated and fed back to the utility is valued at the same price per kilowatt-hour that the utility would charge the customer-generator for electricity during that same period.

Sec. 66. NRS 704.910 is hereby amended to read as follows:

704.910 1. The provisions of NRS 704.910 to 704.960, inclusive, apply to mobile home parks governed by the provisions of chapters 118B and 461A of NRS, utilities which provide service to those parks and landlords who operate those parks.

2. A utility which provides gas, water or electricity to any landlord exclusively for distribution or resale to tenants residing in mobile homes or for the landlord’s residential use shall not [charge] :

(a) Charge the landlord for those services at a rate higher than the current rates offered by the utility to its residential customers.

(b) Terminate those services without complying with the regulations adopted by the commission pursuant to section 44 of this act.

Sec. 67. NRS 228.360 is hereby amended to read as follows:

228.360 The consumer’s advocate:

1. Shall intervene in and represent the public interest in [all] :

(a) All proceedings conducted pursuant to sections 8 to 18, inclusive, of [this act.] Assembly Bill No. 369 of this session; and

(b) All proceedings conducted pursuant to NRS 704.070 to 704.110, inclusive, and sections 48 to 52, inclusive, of this act in which an electric utility has filed a general rate application or an application to clear its deferred accounts.

2. May, with respect to all public utilities except railroads and cooperative utilities, and except as otherwise provided in NRS 228.380:

(a) Conduct or contract for studies, surveys, research or expert testimony relating to matters affecting the public interest or the interests of utility customers.

(b) Examine any books, accounts, minutes, records or other papers or property of any public utility subject to the regulatory authority of the public utilities commission of Nevada in the same manner and to the same extent as authorized by law for members of the public utilities commission of Nevada and its staff.

(c) Except as otherwise provided in subsection 1, petition for, request, initiate, appear or intervene in any proceeding concerning rates, charges, tariffs, modifications of service or any related matter before the public utilities commission of Nevada or any court, regulatory body, board, commission or agency having jurisdiction over any matter which the consumer’s advocate may bring before or has brought before the public utilities commission of Nevada or in which the public interest or the interests of any particular class of utility customers are involved. The consumer’s advocate may represent the public interest or the interests of any particular class of utility customers in any such proceeding, and he is a real party in interest in the proceeding.

3. As used in this section, “electric utility” has the meaning ascribed to it in section 19 of Assembly Bill No. 369 of this session.

Sec. 68. NRS 228.390 is hereby amended to read as follows:

228.390 Except as otherwise provided in NRS 704.110 and sections 8 to 18, inclusive, of [this act:] Assembly Bill No. 369 of this session:

1. The consumer’s advocate has sole discretion to represent or refrain from representing the public interest and any class of customers in any proceeding.

2. In exercising his discretion, the consumer’s advocate shall consider the importance and extent of the public interest or the customers’ interests involved and whether those interests would be adequately represented without his participation.

3. If the consumer’s advocate determines that there would be a conflict between the public interest and any particular class of customers or any inconsistent interests among the classes of customers involved in a particular matter, he may choose to represent one of the interests, to represent no interest, or to represent one interest through his office and another or others through outside counsel engaged on a case basis.

Sec. 69. Chapter 349 of NRS is hereby amended by adding thereto the provisions set forth as sections 70 to 95, inclusive, of this act.

Sec. 70. As used in sections 70 to 95, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 71 to 82, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 71. “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:

1. Agricultural crops and agricultural wastes and residues;

2. Wood and wood wastes and residues;

3. Animal wastes;

4. Municipal wastes; and

5. Aquatic plants.

Sec. 72. “Cost of a renewable energy generation project” means all or a designated part of the cost of a renewable energy generation project, including any incidental cost pertaining to the project. The cost of a renewable energy generation project may include, among other costs, the costs of:

1. Designing and constructing the renewable energy generation project;

2. Surveys, audits, preliminary plans and other plans, specifications, estimates and other costs of preparations;

3. Appraising, printing, estimating, advice, services of engineers, architects, financial consultants, attorneys, clerical personnel and other agents and employees;

4. Publishing, posting, mailing and otherwise giving notice, filing or recording instruments, taking options and fees to banks;

5. Establishment of a reserve for contingencies;

6. Interest on bonds for any time which does not exceed the estimated period of construction plus 1 year, discounts on bonds, reserves for the payment of the principal of and interest on bonds, replacement expenses and other costs of issuing bonds;

7. Amending any resolution or other instrument authorizing the issuance of, or otherwise relating to, bonds for the renewable energy generation project; and

8. Short-term financing,

and the expense of operation and maintenance of the renewable energy generation project.

Sec. 73. “Director” means the director of the department of business and industry or any person within the department of business and industry designated by the director to perform duties in connection with a renewable energy generation project or the issuance of bonds.

Sec. 74. “Expense of operation and maintenance” means any reasonable and necessary current expense of the state for the operation, maintenance or administration of a renewable energy generation project or of the collection and administration of revenues from such a project. The term includes, among other expenses:

1. Expenses for engineering, auditing, reporting, legal services and other expenses of the director which are directly related to the administration of renewable energy generation projects.

2. Premiums for fidelity bonds and policies of property and liability insurance pertaining to renewable energy generation projects, and shares of the premiums of blanket bonds and policies which may be reasonably allocated to the state.

3. Payments to pension, retirement, health insurance and other insurance funds.

4. Reasonable charges made by any paying agent, commercial bank, credit union, trust company or other depository bank pertaining to any bonds.

5. Services rendered pursuant to the terms of contracts, services of professionally qualified persons, salaries, administrative expenses and the cost of materials, supplies and labor pertaining to the issuance of any bonds, including the expenses of any trustee, receiver or other fiduciary.

6. Costs incurred in the collection and any refund of revenues from the renewable energy generation project, including the amount of the refund.

Sec. 75. “Mortgage” includes a deed of trust and any other security agreement covering real or personal property, or both.

Sec. 76. “Obligor” means the natural person, partnership, firm, company, public utility, corporation, association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, who agrees to make the payments sufficient to pay the principal of, premium, if any, and interest on the state securities or revenue bonds issued pursuant to sections 70 to 95, inclusive, of this act.

Sec. 77. 1. “Renewable energy” means:

(a) Biomass;

(b) Hydrogen;

(d) Solar energy;

(e) Waterpower; and

(f) Wind.

2. The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

Sec. 78. 1. “Renewable energy generation project” means a project involving an electric generating unit that uses renewable energy as its primary source of energy to generate electricity.

2. The term does not include a project involving an electric generating unit that uses nuclear energy, in whole or in part, to generate electricity.

Sec. 79. “Revenue bonds” means bonds, notes or other securities evidencing a special limited obligation of the state, the principal and interest of which are payable solely out of revenues derived from the financing, leasing or sale of the renewable energy generation project that is to be financed.

Sec. 80. “State securities” means notes, warrants, interim debentures, bonds and temporary bonds issued as general obligations by the director for any renewable energy generation project, or for a refunding, which are payable from taxes, whether or not additionally secured by a pledge of all or any designated revenues of one or more renewable energy generation projects.

Sec. 81. “Task force” means the task force for renewable energy and energy conservation created by section 105 of this act.

Sec. 82. “Tax” means a general tax upon property.

Sec. 83. The director has all the powers necessary to accomplish the purposes set forth in sections 70 to 95, inclusive, of this act. These powers must be exercised for the health, safety, convenience, prosperity and welfare of the inhabitants of this state. The director may adopt such regulations as the director determines are necessary to carry out the provisions of sections 70 to 95, inclusive, of this act.

Sec. 84. Sections 70 to 95, inclusive, of this act must be construed liberally to effectuate the purposes of those sections.

Sec. 85. The director shall not finance a renewable energy generation project unless, before financing:

1. The renewable energy generation project has been finally approved by the task force after a public hearing on the matter.

2. The director finds and the state board of finance approves the findings of the director that:

(a) The contemplated lessee, purchaser or other obligor has sufficient financial resources to place the renewable energy generation project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement;

(b) There are sufficient safeguards to assure that all money provided by the director will be expended solely for the purposes of the renewable energy generation project; and

(c) The total amount of money necessary to be provided by the director for financing the renewable energy generation project has been determined in writing by the task force on a form acceptable to the director.

3. For the issuance of state securities, the director and the state board of finance have received and approved the authorizing documents showing the legal authority for the obligor to borrow and repay the proceeds of the state securities.

4. For the issuance of revenue bonds, the director and the state board of finance have received and approved:

(a) The financial plan showing that the revenues to be derived from the renewable energy generation project are adequate to pay the principal and interest on such bonds;

(b) A 5-year operating history or evidence of sufficient financial resources from the contemplated lessee, purchaser or other obligor or from a parent or other guarantor, who guarantees the payments of principal and interest on any bonds issued; and

(c) A written statement from the obligor affirming that the obligor does not undertake to commit the state, and any political subdivision or municipality thereof, to incur any pecuniary liability in connection with the issuance of the bonds.

Sec. 86. 1. The bonds must be authorized by an order of the director, and must:

(a) Be in the denominations;

(b) Bear the date or dates;

(d) Bear interest at a rate or rates specified in the order;

(e) Be in the form;

(f) Carry the registration privileges;

(g) Be executed in the manner;

(h) Be payable at the place or places within or without the state; and

(i) Be subject to the terms of redemption,

which the order authorizing their issue provides.

2. The bonds may be sold in one or more series at par, or below or above par, in the manner and for the price or prices which the director determines in his discretion.

3. State securities must be authorized by resolution of the board of finance at the request of the director.

4. As an incidental expense to any renewable energy generation project to be financed by the bonds, the director may employ:

(a) Financial and legal consultants in regard to the financing of the renewable energy generation project; and

(b) A person whose business is in Nevada or elsewhere to act as a trustee for the renewable energy generation project.

5. The bonds are fully negotiable under the terms of the Uniform Commercial Code—Investment Securities.

Sec. 87. 1. The director may, to pay the cost of any renewable energy generation project, borrow money or otherwise become obligated, and may provide evidence of those obligations by issuing, except as otherwise provided in this subsection, state securities or revenue bonds. If the obligor is not a governmental entity, the director shall issue only revenue bonds to fulfill the obligation.

2. State obligations may be outstanding pursuant to this section in an aggregate principal amount of not more than $300,000,000.

3. State securities must be payable from taxes and may be additionally secured by all or any designated revenues from one or more renewable energy generation projects. Any governmental entity statutorily authorized to levy taxes for the payment of bonded indebtedness may use the proceeds of those taxes to pay the principal, interest and redemption premiums due in connection with state securities issued pursuant to this section. Any such state securities may be issued without an election or other preliminaries. No state securities may be issued to refund any municipal securities issued to finance a renewable energy generation project before July 1, 2001.

4. The provisions of NRS 349.150 to 349.364, inclusive, which are not inconsistent with the provisions of sections 70 to 95, inclusive, of this act, apply to the issuance of state securities pursuant to this section. The provisions of NRS 349.400 to 349.670, inclusive, which are not inconsistent with the provisions of sections 70 to 95, inclusive, of this act, apply to the issuance of revenue bonds pursuant to this section.

5. The legislature finds and declares that the issuance of state securities pursuant to sections 70 to 95, inclusive, of this act:

(a) Is necessary for the protection and preservation of the natural resources of this state and for the purpose of obtaining the benefits thereof; and

(b) Constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.

Sec. 88. 1. The director may charge the obligor a fee not to exceed 2 percent of the principal amount of the financing, including a nonrefundable application fee not to exceed 0.25 percent of the principal amount or $7,500, whichever is less, payable either in advance or at the time the bonds are issued. The director shall deposit all money received pursuant to this section, except money received from application fees, with the state treasurer for credit to the account for the financing of renewable energy generation projects.

2. Money received from application fees collected pursuant to this section must be:

(a) Accounted for separately in the state general fund.

(b) Used by the director to support the operations of his office in administering the provisions of sections 70 to 95, inclusive, of this act.

3. Whether or not bonds are issued, the director shall use money received pursuant to this section, except money received from application fees, to reimburse his office for the expenses and costs incurred in financing the renewable energy generation project and, within the limits of money available for this purpose, to reimburse a municipality pursuant to the provisions of section 95 of this act. Any portion of the money so received, except money received from application fees, which exceeds the director’s expenses and costs must be refunded to the obligor.

Sec. 89. 1. Except as otherwise provided in subsection 3 and section 88 of this act, all amounts received by the director from an obligor in connection with any financing undertaken pursuant to sections 70 to 95, inclusive, of this act, must be deposited with the state treasurer for credit to the account for the financing of renewable energy generation projects which is hereby created in the fund for the municipal bond bank.

2. Any revenue from renewable energy generation projects financed with state securities which is in the account must be applied in the following order of priority:

(a) Deposited into the consolidated bond interest and redemption fund in amounts necessary to pay the principal, interest and redemption premiums due in connection with state securities issued for renewable energy generation projects.

(b) Deposited into any reserve account created for the payment of the principal, interest and redemption premiums due in connection with state securities issued for renewable energy generation projects, in amounts and at times determined to be necessary.

3. Any revenue from renewable energy generation projects financed with revenue bonds may:

(a) Be deposited in the account for the financing of renewable energy generation projects and subject to the provisions of subsection 2; or

(b) Subject to any agreement with the holders of the bonds, be invested, deposited or held by the director in such funds or accounts as he deems necessary or desirable. If the director is acting pursuant to this subsection, he need not deposit the money in the state treasury and the provisions of chapters 355 and 356 of NRS do not apply to any investments or deposits made pursuant to this subsection.

Sec. 90. 1. Any bonds issued pursuant to the provisions of sections 70 to 95, inclusive, of this act, may be refunded by the director by the issuance of refunding bonds in an amount which he deems necessary to refund the principal of the bonds to be so refunded, any unpaid interest thereon and any premiums and incidental expenses necessary to be paid in connection with refunding.

2. Refunding may be carried out whether or not the bonds to be refunded have matured or thereafter mature, either by sale of the refunding bonds and the application of the proceeds to the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded. The holders of the bonds to be refunded must not be compelled, without their consent, to surrender their bonds for payment or exchange before the date on which they are payable by maturity, option to redeem or otherwise, or if they are called for redemption before the date on which they are by their terms subject to redemption by option or otherwise.

3. All refunding bonds issued pursuant to this section must be payable solely from revenues and other money out of which the bonds to be refunded thereby are payable or from revenues out of which bonds of the same character may be made payable under this or any other law then in effect at the time of the refunding.

Sec. 91. No action may be brought questioning the legality of any contract, lease, agreement, indenture, mortgage, order or bonds executed, adopted or taken in connection with any renewable energy generation project or improvements authorized pursuant to sections 70 to 95, inclusive, of this act, after 30 days after the effective date of the order of the director authorizing the issuance of those bonds.

Sec. 92. The faith of the state is hereby pledged that sections 70 to 95, inclusive, of this act, will not be repealed, amended or modified to impair any outstanding bonds or any revenues pledged to their payment, or to impair, limit or alter the rights or powers vested in a city or county to acquire, finance, improve and equip a renewable energy generation project in any way that would jeopardize the interest of any lessee, purchaser or other obligor, or to limit or alter the rights or powers vested in the director to perform any agreement made with any lessee, purchaser or other obligor, until all bonds have been discharged in full or provisions for their payment and redemption have been fully made.

Sec. 93. A renewable energy generation project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property is not applicable to any action taken pursuant to sections 70 to 95, inclusive, of this act, except that the provisions of NRS 338.010 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction work to be done on a renewable energy generation project.

Sec. 94. 1. The state engineer shall advise the task force, upon its request, of the existence and status of any water rights which affect a renewable energy generation project under consideration by the task force.

2. Upon the request of the task force and within the limits of available resources and staff, the director and the consumer’s advocate of the bureau of consumer protection in the office of the attorney general may on a case by case basis assist persons in the preparation of a preliminary plan for a renewable energy generation project.

Sec. 95. 1. When any municipality or other obligor desires to undertake a renewable energy generation project it may present its preliminary plan to the task force for approval. The task force shall analyze the potential output of the renewable energy generation project, and may tentatively approve it if it will increase the quantity of electricity available for use in this state.

2. If the task force, after a public hearing on the issue, tentatively approves the renewable energy generation project, the municipality or other obligor may proceed to prepare a final plan and submit it for final approval. If the task force finally approves the renewable energy generation project, the cost of the final plan may be included in the cost of the renewable energy generation project. If the task force does not finally approve the renewable energy generation project, the director may, within the limits of money available for this purpose in the account for the financing of renewable energy generation projects, reimburse a municipality for the costs incurred after the tentative approval.

Sec. 96. NRS 349.987 is hereby amended to read as follows:

349.987 1. The provisions of NRS 349.150 to 349.364, inclusive, which are not inconsistent with the provisions of NRS 349.980 to 349.987, inclusive, apply to the bonds issued pursuant to NRS 349.986.

2. The provisions of NRS 349.935 to 349.956, inclusive, and 349.961 and sections 70 to 95, inclusive, of this act, do not apply to the program or to any grants made or bonds issued pursuant to NRS 349.986.

Sec. 97. NRS 354.59811 is hereby amended to read as follows:

354.59811 1. Except as otherwise provided in NRS 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 354.723, 450.425, 450.760, 540A.265 and 543.600, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as general long-term debt of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations issued to pay the cost of a renewable energy generation project pursuant to section 87 of this act, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

(a) The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.

(b) This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.

2. As used in this section, “general long-term debt” does not include debt created for medium-term obligations pursuant to NRS 350.085 to 350.095, inclusive.

Sec. 98. Chapter 523 of NRS is hereby amended by adding thereto the provisions set forth as sections 99 to 107, inclusive, of this act.

Sec. 99. “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:

1. Agricultural crops and agricultural wastes and residues;

2. Wood and wood wastes and residues;

3. Animal wastes;

4. Municipal wastes; and

5. Aquatic plants.

Sec. 100. “Bureau” means the bureau of consumer protection created within the office of the attorney general pursuant to NRS 228.310.

Sec. 101. “Consumer’s advocate” means the executive head of the bureau or his designee.

Sec. 102. 1. “Renewable energy” means:

(a) Biomass;

(b) Hydrogen;

(d) Solar energy;

(e) Waterpower; and

(f) Wind.

2. The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

Sec. 103. “Task force” means the task force for renewable energy and energy conservation created by section 105 of this act.

Sec. 104. 1. The trust fund for renewable energy and energy conservation is hereby created in the state treasury. The state treasurer shall deposit in the fund all money received by him for credit to the fund pursuant to section 47 of this act.

2. The task force shall administer the fund. As administrator of the fund, the task force:

(a) Shall maintain the financial records of the fund;

(b) Shall invest the money in the fund as the money in other state funds is invested;

(d) Shall maintain any instruments that evidence investments made with the money in the fund;

(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

(f) May perform any other duties that are necessary to administer the fund.

3. The interest and income earned on the money in the fund must, after deducting any applicable charges, be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.

4. Not more than 2 percent of the money in the fund may be used to pay the costs of administering the fund.

5. The money in the fund remains in the fund and does not revert to the state general fund at the end of any fiscal year.

6. All money that is deposited or paid into the fund may only be expended pursuant to an allocation made by the task force. Money expended from the fund must not be used to supplant existing methods of funding that are available to public agencies.

Sec. 105. 1. The task force for renewable energy and energy conservation is hereby created. The task force consists of nine members who are appointed as follows:

(a) Two members appointed by the majority leader of the senate, one of whom represents the interests of private industry with respect to renewable energy and the other of whom represents the interests of a nonprofit organization dedicated to the protection of the environment or to the conservation of energy or the efficient use of energy.

(b) Two members appointed by the speaker of the assembly, one of whom represents the interests of private industry with respect to renewable energy and the other of whom represents the interests of a nonprofit organization dedicated to the protection of the environment or to the conservation of energy or the efficient use of energy.

(c) Two members appointed by the minority leader of the senate, one of whom represents the interests of state government and the other of whom represents the interests of the building, mining or gaming industry in this state.

(d) Two members appointed by the minority leader of the assembly, one of whom represents the interests of local government and the other of whom represents the interests of the public utilities in this state.

(e) One member appointed by the consumer’s advocate to represent the interests of the consumers in this state.

2. A member of the task force:

(a) Must be a citizen of the United States and a resident of this state.

(b) Must have training, education, experience or knowledge concerning:

(1) The development or use of renewable energy;

(2) Financing, planning or constructing renewable energy generation projects;

(3) Measures which conserve or reduce the demand for energy or which result in more efficient use of energy;

(4) Weatherization;

(5) Building and energy codes and standards;

(6) Grants or incentives concerning energy;

(7) Public education or community relations; or

(8) Any other matter within the duties of the task force.

3. After the initial terms, the term of each member of the task force is 3 years. A vacancy on the task force must be filled for the remainder of the unexpired term in the same manner as the original appointment. A member may be reappointed to the task force.

4. A member of the task force who is an officer or employee of this state or a political subdivision of this state must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the task force and perform any work that is necessary to carry out the duties of the task force in the most timely manner practicable. A state agency or political subdivision of this state shall not require an officer or employee who is a member of the task force to:

(a) Make up the time he is absent from work to carry out his duties as a member of the task force; or

(b) Take annual leave or compensatory time for the absence.

Sec. 106. 1. The members of the task force shall select a chairman and vice chairman from among their membership. The vice chairman shall perform the duties of the chairman during any absence of the chairman.

2. The chairman and vice chairman serve in those positions for terms of 1 year. If a vacancy occurs in the chairmanship or vice chairmanship, the vacancy must be filled for the remainder of the unexpired term in the same manner as the original selection.

3. A majority of the members of the task force constitutes a quorum. A majority of the members present during a quorum may exercise all the power and authority conferred on the task force.

4. The task force shall meet at least four times annually or more frequently at the discretion of the chairman.

5. Except as otherwise provided in this subsection, the members of the task force serve without compensation and are not entitled to the per diem and travel expenses provided for state officers and employees generally. For each day of attendance at a meeting of the task force and while engaged in the business of the task force, a member of the task force who:

(a) Is an officer or employee of this state or a political subdivision of this state is entitled to receive the per diem and travel expenses provided for state officers and employees generally, paid by his governmental employer.

(b) Represents the interests of a nonprofit organization is entitled to receive the per diem and travel expenses provided for state officers and employees generally, paid from the trust fund for renewable energy and energy conservation.

6. The consumer’s advocate shall provide the task force with administrative and clerical support and with such other assistance as may be necessary for the task force to carry out its duties. Such support and assistance must include, without limitation, making arrangements for facilities, equipment and other services in preparation for and during meetings.

Sec. 107. 1. The task force shall establish comprehensive plans for the promotion and use in this state of renewable energy and for the promotion and use in this state of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

2. The comprehensive plans established by the task force must include provisions for:

(a) The education of persons and entities concerning renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

(b) The creation of incentives for investment in and the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

(c) Grants and other money to establish programs and projects which incorporate the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

(d) Oversight and accountability with respect to the promotion and use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

(e) The development or incorporation by reference of model and uniform building and energy codes and standards which are written in language which is easy to understand and which include performance standards for conservation of energy and efficient use of energy.

(f) Any other matter that the task force determines to be relevant to the promotion and use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

3. In addition to establishing the comprehensive plans, the task force shall:

(a) Solicit grants and other money from the Federal Government and other sources to promote the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

(b) Identify and provide incentives to developers and builders to incorporate, in homes and other buildings, the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy, including, without limitation:

(1) Systems for the heating of water by solar power;

(2) Active or passive solar daylighting systems that reduce the consumption of energy; and

(3) Net metering systems.

(c) Promote programs to conserve energy or to make energy use more efficient through various devices, including, without limitation, devices that turn off air-conditioning systems for a limited time during periods of peak electrical demand.

(d) Evaluate the benefits of distributed generation and consider paying for the cost of a pilot project involving a distributed generation unit which uses renewable energy as its primary source of energy to generate electricity and which generates more than 20 kilowatts of electricity per hour.

(e) Carry out the duties assigned to the task force pursuant to sections 70 to 95, inclusive, of this act.

(f) Take any other actions that the task force deems necessary to carry out its duties, including, without limitation, contracting with consultants, if necessary, for the purposes of program design or to assist the task force in carrying out its duties.

4. As used in this section:

(a) “Distributed generation” means the generation of electricity in close proximity to the place of use, including, without limitation, the use of generators and small turbines.

(b) “Net metering system” has the meaning ascribed to it in NRS 704.771.

Sec. 108. NRS 523.011 is hereby amended to read as follows:

523.011 1. The legislature finds that:

(a) Energy is essential to the economy of the state and to the health, safety and welfare of the people of the state.

(b) The state has a responsibility to encourage the maintenance of a reliable and economical supply of energy at a level which is consistent with the protection of environmental quality.

(c) The state has a responsibility to encourage the utilization of a wide range of measures which reduce wasteful uses of energy resources.

(d) Planning for energy conservation and future energy requirements should include consideration of state, regional and local plans for land use, urban expansion, transportation systems, environmental protection and economic development.

(e) Government and private enterprise need to accelerate research and development of [alternative] sources of renewable energy and to improve technology related to the research and development of existing sources of energy.

(f) While government and private enterprise are seeking to accelerate research and development of [alternative] sources of renewable energy, they must also prepare for and respond to the advent of competition within the electrical energy industry and are, therefore, encouraged to maximize the use of indigenous energy resources to the extent competitively and economically feasible.

(g) Prevention of delays and interruptions in providing energy, protecting environmental values and conserving energy require expanded authority and capability within state government.

2. It is the policy of this state to encourage participation with all levels of government and private enterprise in cooperative state, regional and national programs to assure adequate supplies of energy resources and markets for such energy resources.

3. It is the policy of this state to assign the responsibility for managing and conserving energy and its sources to agencies whose other programs are similar, to avoid duplication of effort in developing policies and programs for energy.

Sec. 109. NRS 523.021 is hereby amended to read as follows:

523.021 As used in this chapter, unless the context otherwise requires[:

1. “Department” means the department of business and industry.

2. “Director” means the director of the department.] , the words and terms defined in sections 99 to 103, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 110. NRS 523.051 is hereby amended to read as follows:

523.051 The [director] consumer’s advocate may:

1. Administer any gifts or grants which the [department] bureau is authorized to accept for the purposes of this chapter.

2. Expend money received from those gifts or grants or from legislative appropriations to contract with qualified persons or institutions for research in the production and efficient use of energy resources.

3. Enter into any cooperative agreement with any federal or state agency or political subdivision.

4. Participate in any program established by the Federal Government relating to sources of energy and adopt regulations appropriate to that program.

Sec. 111. NRS 523.131 is hereby amended to read as follows:

523.131 The [director] consumer’s advocate shall:

1. Acquire and analyze information relating to energy and to the supply, demand and conservation of its sources.

2. Utilize all available public and private means to provide information to the public about problems relating to energy and to explain how conservation of energy and its sources may be accomplished.

3. Review and evaluate information which identifies trends and permits forecasting of the energy available to the state. Such forecasts must include estimates on:

(a) The level of demand for energy in the state for 5-, 10- and 20-year periods;

(b) The amount of energy available to meet each level of demand;

(d) The [alternative] sources of renewable energy which are available and their possible effects [.] ; and

(e) The reduction in the demand for energy which is possible from available and practicable measures that conserve or reduce the demand for energy or which result in more efficient use of energy.

4. Study means of reducing wasteful, inefficient, unnecessary or uneconomical uses of energy and encourage the maximum utilization of existing sources of energy in the state.

5. Encourage the development of [any existing and alternative] :

(a) Any existing sources of energy and any sources of renewable energy which will benefit the state [.] ; and

(b) Any measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

6. In conjunction with the desert research institute, review policies relating to the research and development of the state’s geothermal resources and make recommendations to the appropriate state and federal agencies for establishing methods of developing the geothermal resources within the state.

7. To the extent practicable, carry out his powers and duties pursuant to this chapter in consultation with the task force to avoid duplication of effort in developing policies and programs for renewable energy and energy conservation.

Sec. 112. NRS 523.141 is hereby amended to read as follows:

523.141 1. The [director] consumer’s advocate shall prepare a state energy conservation plan which provides methods for conserving and improving efficiency in the use of energy resources and establishes procedures for reducing the rate of growth of energy demand and minimizing the adverse social, economic, political and environmental effects of increasing energy resource consumption.

2. The plan must be [presented] :

(a) Consistent with the comprehensive plans established by the task force pursuant to section 107 of this act.

(b) Presented to the governor, and upon approval by the governor, may be submitted by him in compliance with any program established by the Federal Government.

Sec. 113. NRS 523.151 is hereby amended to read as follows:

523.151 The [director] consumer’s advocate shall:

1. Prepare, subject to the approval of the governor, petroleum allocation and rationing plans for possible energy contingencies. The plans [shall] must be carried out only by executive order of the governor.

2. Carry out and administer any federal programs which authorize state participation in fuel allocation programs.

Sec. 114. NRS 523.161 is hereby amended to read as follows:

523.161 1. Except for those energy resources for [whose] which priorities of use are established by the public utilities commission of Nevada, the [director] consumer’s advocate may recommend to state agencies, local governments and appropriate private persons and entities, standards for conservation of energy and its sources and for carrying out the state plan for the conservation of energy.

2. In recommending such standards , the [director] consumer’s advocate shall consider the usage of energy and its sources in the state and the methods available for conservation of those sources.

Sec. 115. NRS 523.164 is hereby amended to read as follows:

523.164 1. The [director] consumer’s advocate shall adopt regulations for the conservation of energy in buildings, including manufactured homes, which establish the minimum standards for:

(a) The construction of floors, walls, ceilings and roofs;

(b) The equipment and systems for heating, ventilation and air-conditioning;

(d) Insulation; and

(e) Other factors which affect the use of energy in a building.

2. The [director] consumer’s advocate may exempt a building from a standard if he determines that application of the standard to the building would not accomplish the purpose of the regulations.

3. The regulations must authorize allowances in design and construction for [solar, wind or any other renewable source] :

(a) Sources of renewable energy used to supply all or a part of the energy required in a building [.] ; and

(b) Measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

4. The standards adopted by the [director] consumer’s advocate are the minimum standards for the conservation of energy which apply only to areas in which the governing body of the local government has not adopted standards for the conservation of energy in buildings. Such governing bodies shall assist the [director] consumer’s advocate in the enforcement of the regulations adopted pursuant to this section.

5. The [director] consumer’s advocate shall solicit comments regarding the adoption of regulations pursuant to this section from:

(a) Persons in the business of constructing and selling homes;

(b) Contractors;

(d) Local building inspectors; and

(e) The general public,

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before adopting any regulations. The [director] consumer’s advocate must conduct at least three hearings in different locations in the state, after giving 30 days’ notice of each hearing, before he may adopt any regulations pursuant to this section.

Sec. 116. NRS 523.167 is hereby amended to read as follows:

523.167 1. In a county whose population is 100,000 or more, a building whose construction began on or after October 1, 1983, must not contain a system using electric resistance for heating spaces unless:

(a) The system is merely supplementary to another means of heating;

(b) Under the particular circumstances no other primary means of heating the spaces is a feasible or economical alternative to heating by electric resistance; or

(c) The [department] bureau determines that the present or future availability of other sources of energy is so limited as to justify the use of such a system.

2. This section does not prohibit the use of incandescent or fluorescent lighting.

Sec. 117. NRS 523.171 is hereby amended to read as follows:

523.171 The [director,] consumer’s advocate, in cooperation with the chief of the buildings and grounds division of the department of administration, shall, upon request, provide information and assistance to any agency, bureau, board, commission, department or division which is engaged in the management, planning, utilization and distribution of energy.

Sec. 118. NRS 523.181 is hereby amended to read as follows:

523.181 The [director] consumer’s advocate shall prepare a report concerning the status of energy in the State of Nevada and submit it to:

1. The governor on or before January 30 of each year; and

2. The legislature on or before January 30 of each odd-numbered year.

Sec. 119. Assembly Bill No. 369 of this session is hereby amended by adding thereto a new section designated sec. 15.5, following sec. 15, to read as follows:

Sec. 15.5. The provisions of sections 8 to 18, inclusive, of this act do not prohibit an electric utility from pledging, mortgaging, granting a security interest in or otherwise encumbering any of its generation assets or other property for the purpose of securing indebtedness of the electric utility which exists on the effective date of this act or which is issued or incurred by the electric utility after the effective date of this act in financing transactions approved by the commission.

Sec. 120. Section 33 of Assembly Bill No. 369 of this session is hereby amended to read as follows:

Sec. 33. The public utilities commission of Nevada shall:

1. Amend, modify, supplement, annul or vacate any order or directive issued by the commission before the effective date of this act that authorizes or requires an electric utility to dispose of any generation asset, if such disposal would violate the provisions of this act;

2. Take all appropriate action to request that the Federal Energy Regulatory Commission and any other officer, agency or department of the Federal Government:

(a) Not issue any order or directive that authorizes or requires an electric utility to dispose of any generation asset, if such an order or directive could be interpreted as being in conflict with or preempting the provisions of this act; and

(b) Amend, modify, supplement, annul or vacate any order or directive issued before, on or after the effective date of this act that authorizes or requires an electric utility to dispose of any generation asset, if such an order or directive could be interpreted as being in conflict with or preempting the provisions of this act;

3. If any action taken pursuant to subsection 2 is unsuccessful, take all appropriate legal action to challenge any order or directive issued by the Federal Energy Regulatory Commission or any other officer, agency or department of the Federal Government that authorizes or requires an electric utility to dispose of any generation asset, if such an order or directive could be interpreted as being in conflict with or preempting the provisions of this act; [and]

4. On or before October 1, 2001, adopt such revisions to its regulations concerning deferred accounting and deferred accounts as are required to carry out the provisions of this act; and

5. Take any other action or issue any other orders necessary to carry out the provisions of this act.

Sec. 121. Section 35 of Assembly Bill No. 369 of this session is hereby amended to read as follows:

Sec. 35. Except as otherwise provided in section 36 of this act and notwithstanding the provisions of any other specific statute to the contrary:

1. An electric utility shall not file an application for a fuel and purchased power rider on or after the effective date of this act.

2. Each application for a fuel and purchased power rider filed by an electric utility which is pending with the commission on the effective date of this act and which the electric utility did not place into effect before or on April 1, 2001, is void and unenforceable and is not valid for any purpose after April 1, 2001.

3. If, before March 1, 2001, an electric utility incurred any costs for fuel or purchased power, including, without limitation, any costs for fuel or purchased power recorded or carried on the books and records of the electric utility, and those costs were not recovered or could not be recovered pursuant to a fuel and purchased power rider placed into effect by the electric utility before March 1, 2001, the electric utility is not entitled, on or after March 1, 2001, to recover any of those costs for fuel or purchased power from customers, and the commission shall not allow the electric utility to recover any of those costs for fuel or purchased power from customers.

4. Except as otherwise provided in this section, on and after the effective date of this act:

(a) The commission shall not take any further action on the comprehensive energy plan, and each electric utility that jointly filed the comprehensive energy plan shall be deemed to have withdrawn the comprehensive energy plan;

(b) The rates that each electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan shall be deemed to be a component of the electric utility’s rates for fuel and purchased power; and

(c) The revenues [collected] for services provided by each electric utility [before April] for the period of March 1, 2001, to March 31, 2001, inclusive, from the rates that each electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan shall be deemed to be a credit in the electric utility’s deferred accounts.

5. On or before October 1, 2001, each electric utility that primarily serves densely populated counties shall file a general rate application pursuant to subsection 3 of NRS 704.110, as amended by this act [.] and Assembly Bill No. 661 of this session. On or before December 1, 2001, each electric utility that primarily serves densely populated counties shall file an application to clear its deferred accounts pursuant to subsection 7 of NRS 704.110, as amended by this act [.] and Assembly Bill No. 661 of this session. After such an electric utility files the application to clear its deferred accounts, the commission shall investigate and determine whether the rates that the electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan are just and reasonable and reflect prudent business practices. On the date on which the commission issues a final order on the general rate application, the commission shall issue a final order on the electric utility’s application to clear its deferred accounts. The total rates to provide electric service that were in effect on April 1, 2001, for the electric utility must remain in effect until the date on which the commission issues a final order on the general rate application. The commission shall not adjust the rates of the electric utility during this period unless such an adjustment is absolutely necessary to avoid rates that are confiscatory under the Constitution of the United States or the constitution of this state. The commission:

(a) May make such an adjustment only to the extent that it is absolutely necessary to avoid an unconstitutional result; and

(b) Shall not, in any proceedings concerning such an adjustment, approve any rate or grant any relief that is not absolutely necessary to avoid an unconstitutional result.

After the electric utility files the general rate application that is required by this subsection, the electric utility shall file general rate applications in accordance with subsection 3 of NRS 704.110, as amended by this act [.] and Assembly Bill No. 661 of this session. After the electric utility files the application to clear its deferred accounts that is required by this subsection, the electric utility shall file applications to clear its deferred accounts in accordance with section 19 of this act and subsection 7 of NRS 704.110, as amended by this act [.] and Assembly Bill No. 661 of this session.

6. On or before December 1, 2001, each electric utility that primarily serves less densely populated counties shall file a general rate application pursuant to subsection 3 of NRS 704.110, as amended by this act [.] and Assembly Bill No. 661 of this session. On or before February 1, 2002, each electric utility that primarily serves less densely populated counties shall file an application to clear its deferred accounts pursuant to subsection 7 of NRS 704.110, as amended by this act [.] and Assembly Bill No. 661 of this session. After such an electric utility files the application to clear its deferred accounts, the commission shall investigate and determine whether the rates that the electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan are just and reasonable and reflect prudent business practices. On the date on which the commission issues a final order on the general rate application, the commission shall issue a final order on the electric utility’s application to clear its deferred accounts. The total rates to provide electric service that were in effect on April 1, 2001, for the electric utility must remain in effect until the date on which the commission issues a final order on the general rate application. The commission shall not adjust the rates of the electric utility during this period unless such an adjustment is absolutely necessary to avoid rates that are confiscatory under the Constitution of the United States or the constitution of this state. The commission:

(a) May make such an adjustment only to the extent that it is absolutely necessary to avoid an unconstitutional result; and

(b) Shall not, in any proceedings concerning such an adjustment, approve any rate or grant any relief that is not absolutely necessary to avoid an unconstitutional result.

Sec. 122. Section 36 of Assembly Bill No. 369 of this session is hereby amended to read as follows:

Sec. 36. Notwithstanding the provisions of any other specific statute to the contrary:

1. If, on or after January 1, 1999, and before the effective date of this act, an electric utility holding company entered into any transaction to acquire a controlling interest in a public utility that provides electric service primarily to customers located outside of this state, the electric utility holding company shall not carry out the transaction unless, on or after the effective date of this act:

(a) The electric utility holding company files with the commission an application for authorization of the transaction; and

(b) The commission issues a written order that authorizes the transaction. The commission shall not authorize the transaction unless the commission finds that the transaction will be in the public interest. The commission may base its authorization of the transaction upon such terms, conditions or modifications as the commission deems appropriate.

2. If the commission authorizes a transaction described in subsection 1 and, before July 1, 2003, the electric utility holding company acquires a controlling interest in such a public utility, or any affiliate thereof, pursuant to the transaction:

(a) Each electric utility in which the electric utility holding company holds a controlling interest shall not use deferred accounting pursuant to section 19 of this act on or after the date on which the electric utility holding company acquires a controlling interest in the public utility, or any affiliate thereof;

(b) Not later than 90 days after that date, each such electric utility shall file one final application to clear the remaining balance in its deferred accounts pursuant to subsection 7 of NRS 704.110, as amended by this act [;] and Assembly Bill No. 661 of this session;

(c) For each such electric utility, the commission shall not carry out the provisions of section 35 of this act concerning deferred accounting and deferred accounts; and

(d) The commission shall carry out the remaining provisions of section 35 of this act, including, without limitation, the commission’s investigation and determination whether the rates that each electric utility placed into effect on March 1, 2001, pursuant to the comprehensive energy plan are just and reasonable and reflect prudent business practices.

3. Any transaction that violates the provisions of this section is void and unenforceable and is not valid for any purpose.

Sec. 123. Section 7 of Senate Bill No. 203 of this session is hereby amended to read as follows:

Sec. 7. NRS 354.59811 is hereby amended to read as follows:

354.59811 1. Except as otherwise provided in NRS 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 354.723, 450.425, 450.760, 540A.265 and 543.600, and section 4 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as general long-term debt of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations issued to pay the cost of a renewable energy generation project pursuant to section 87 of [this act,] Assembly Bill No. 661 of this session, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

2. As used in this section, “general long-term debt” does not include debt created for medium-term obligations pursuant to NRS 350.085 to 350.095, inclusive.

Sec. 124. 1. NRS 704.080, 704.090 and 704.275 are hereby repealed.

2. Section 10 of Assembly Bill No. 369 of this session is hereby repealed.

Sec. 125. 1. For the purposes of sections 3 to 26, inclusive, of this act:

(a) An electric utility that provides distribution services to an eligible customer who is purchasing energy, capacity or ancillary services from a provider of new electric resources shall charge the eligible customer based upon the rates for the electric utility’s distribution services that were on file with the commission on April 1, 2001, until the commission approves a change in those rates and such a change becomes effective.

(b) Not later than March 1, 2002, the commission shall establish the initial rates for all other components of electric service which are within the jurisdiction of the commission and which are necessary for a provider of new electric resources to sell energy, capacity and ancillary services to an eligible customer pursuant to the provisions of sections 3 to 26, inclusive, of this act. The commission may establish such initial rates as a part of a general rate application that is pending or filed with the commission on or after the effective date of this act.

2. The commission shall:

(a) Not later than November 1, 2001, adopt regulations to carry out and enforce the provisions of sections 3 to 26, inclusive, of this act.

(b) Not later than March 1, 2002, approve tariffs to carry out and enforce the provisions of section 22 of this act.

3. Notwithstanding the provisions of section 25 of this act, the commission is not required to submit a report to the legislative commission for any calendar quarter that ends before October 1, 2001.

4. As used this section, the words and terms defined in sections 4 to 16, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 126. 1. As soon as practicable after the effective date of this act, the governor shall appoint two additional commissioners to the public utilities commission of Nevada as required by the provisions of this act. For the initial terms of those commissioners, the governor shall appoint:

(a) One commissioner whose term begins on October 1, 2001, and expires on September 30, 2003; and

(b) One commissioner whose term begins on October 1, 2001, and expires on September 30, 2004.

2. The provisions of this act do not abrogate or affect the term of office of any other commissioner of the public utilities commission of Nevada.

Sec. 127. 1. Notwithstanding the provisions of this act and except as otherwise provided in subsection 2, the department of business and industry and its director shall exercise all the power and perform all the duties that are assigned to the consumer’s advocate of the bureau of consumer protection in the office of the attorney general pursuant to the provisions of chapter 523 of NRS, as amended by this act, until the date on which the attorney general certifies to the governor that the consumer’s advocate is prepared to carry out those provisions, or until January 1, 2002, whichever occurs earlier.

2. During the period described in subsection 1, the consumer’s advocate may exercise any power and perform any duty assigned to him pursuant to the provisions of chapter 523 of NRS, as amended by this act, if the exercise of the power or the performance of the duty is necessary as an organizational, preparatory or preliminary measure to prepare the consumer’s advocate to carry out those provisions.

Sec. 128. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.

2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.

Sec. 129. 1. As soon as practicable after the effective date of this act, the appointing authorities set forth in section 105 of this act shall appoint members to the task force for renewable energy and energy conservation that is created by that section.

2. The initial appointed members of the task force shall, at the first meeting of the task force after their appointment, draw lots to determine which:

(a) Five members of the board will serve initial terms that expire on June 30, 2004.

(b) Four members of the board will serve initial terms that expire on June 30, 2003.

Sec. 130. 1. This section and sections 1 to 27, inclusive, 29, 31 to 129, inclusive, and 131 of this act become effective upon passage and approval.

2. Sections 28 and 30 of this act become effective on October 1, 2001.

Sec. 131. 1. The legislative counsel shall:

(a) In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to refer to the appropriate officer or agency.

(b) In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to refer to the appropriate officer or agency.

2. Any reference in a bill or resolution passed by the 71st session of the Nevada legislature to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency shall be deemed to refer to the officer or agency to which the responsibility is transferred.

TEXT OF REPEALED SECTIONS

704.080 Printing and posting of schedules. A copy, or so much of the schedule as the commission shall deem necessary for the use of the public, shall be printed in plain type and posted in every station or office of such public utility where payments are made by the consumers or users, open to the public, in such form and place as to be readily accessible to the public and conveniently inspected.

704.090 Schedule of joint rates: Filing; printing; posting. When a schedule of joint rates or charges is or may be in force between two or more public utilities, such schedule shall, in like manner, be printed and filed with the commission, and so much thereof as the commission may deem necessary for the use of the public shall be posted conspicuously in every station or office as provided in NRS 704.080.

704.275 Powers of commission: Standards for requiring hearing on telephone rates. The commission shall determine whether a hearing must be held when the proposed change by a public utility furnishing telephone service in any schedule stating a new or revised individual or joint rate or charge, or any new or revised individual or joint regulation or practice affecting any rate or charge, will result in an increase in annual gross revenue as certified by the applicant of $50,000 or 10 percent of the applicant’s gross revenue, whichever is less.

Section 10 of Assembly Bill No. 369 of this session:

Sec. 10. “Consumer’s advocate” means the consumer’s advocate of the bureau of consumer protection in the office of the attorney general.”.

Amend the title of the bill to read as follows:

“AN ACT relating to energy; authorizing certain eligible customers to purchase electrical energy, capacity and certain ancillary services from providers of new electric resources; revising and repealing various provisions concerning the regulation of public utilities and the process of establishing and changing rates; expanding the public utilities commission of Nevada from three to five members; revising provisions relating to the employees and operations of the commission; requiring the commission to adopt certain regulations relating to the termination of utility service; enacting various provisions concerning contracts for the purchase of power and the construction and operation of electric generating units; providing for the levy of an assessment on certain electric generating units; revising the authority of the commission to regulate mergers, acquisitions and certain other transactions involving public utilities and other entities; making various changes with respect to net metering; establishing a program for the issuance of bonds to pay the cost of renewable energy generation projects; creating the task force for renewable energy and prescribing its membership and duties; creating the trust fund for renewable energy; transferring control of the Nevada state energy office from the director of the department of business and industry to the bureau of consumer protection in the office of the attorney general; and providing other matters properly relating thereto.”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Dini moved that Senate Bill No. 6 be taken from the Second Reading File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Dini.

Motion carried.

Assemblywoman Buckley moved that Senate Bill No. 536 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblywoman Buckley.

Motion carried.

Assemblyman Dini moved that Senate Bill No. 307 just reported out of committee, be re-referred to the Committee on Ways and Means.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 135.

Bill read second time and ordered to third reading.

Senate Bill No. 153.

Bill read second time and ordered to third reading.

Senate Bill No. 228.

Bill read second time and ordered to third reading.

Senate Bill No. 274.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 837.

Amend sec. 5, page 1, line 15, by deleting “into a” and inserting:

“into:

(a) A”.

Amend sec. 5, page 1, by deleting lines 17 through 19 and inserting:

“the contractor or higher-tiered subcontractor shall pay the subcontractor:

(1) On or before the date payment is due; or

(2) Within 10 days after the date the contractor or higher-tiered subcontractor receives payment for all or a portion of the work, labor, materials, equipment or services described in a request for payment submitted by the subcontractor,

whichever is earlier.

(b) A written subcontract that does not contain a schedule for payments, or a subcontract that is oral, the”.

Amend sec. 5, page 1, line 21, by deleting “(a)” and inserting “(1)”.

Amend sec. 5, page 2, line 1, by deleting “(b)” and inserting “(2)”.

Amend sec. 6, page 5, by deleting line 15 and inserting:

“of the subcontractor or lower-tiered subcontractor stopping his work or terminating a subcontract for reasonable cause and in”.

Amend sec. 11, page 10, by deleting lines 37 and 38 and inserting:

“as a result of the contractor, subcontractor or lower-tiered subcontractor stopping his work or terminating a contract for reasonable cause and in accordance with this section or section 6 of this act.”.

Amend sec. 12, page 10, lines 41 and 42, by deleting:

“or remodeling of a building” and inserting:

“[or remodeling of a building] of a work of improvement”.

Amend sec. 12, page 10, line 43, after “Occupancy” by inserting:

“or use of the work of improvement”.

Amend sec. 12, page 10, line 45, by deleting:

“constructed or remodeled building” and inserting:

“[constructed or remodeled building] work of improvement”.

Amend sec. 12, page 10, by deleting lines 48 and 49 and inserting:

“[building became available.

2. The] work of improvement became available for use or occupancy.

2. If the owner has complied with subsection 3, the owner may:”.

Amend sec. 12, page 12, after line 25, by inserting:

“8. As used in this section, unless the context otherwise requires, “work of improvement” has the meaning ascribed to it in NRS 108.221.”.

Amend the bill as a whole by adding a new section designated sec. 13, following sec. 12, to read as follows:

“Sec. 13. NRS 99.040 is hereby amended to read as follows:

99.040 1. When there is no express contract in writing fixing a different rate of interest, interest must be allowed at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the transaction, plus 2 percent, upon all money from the time it becomes due, in the following cases:

(a) Upon contracts, express or implied, other than book accounts.

(b) Upon the settlement of book or store accounts from the day on which the balance is ascertained.

(d) Upon wages or salary, if it is unpaid when due, after demand therefor has been made.

The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.

2. The provisions of this section do not apply to money owed:

(a) For the construction [or remodeling of a building] of a work of improvement pursuant to NRS 624.620; or

(b) By a contractor to his subcontractor pursuant to NRS 624.630.”.

Assemblyman Dini moved the adoption of the amendment.

Remarks by Assemblyman Dini.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 401.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 774.

Amend sec. 4, page 2, between lines 25 and 26, by inserting:

“5. Develop and coordinate efforts to attract biotechnological companies to this state.

6. Establish and maintain a clearinghouse of information regarding biotechnological business in this state.”.

Amend sec. 5, page 2, line 26, before “The” by inserting “1.”.

Amend sec. 5, page 2, line 28, by deleting “1.” and inserting “(a)”.

Amend sec. 5, page 2, line 29, by deleting “2.” and inserting “(b)”.

Amend sec. 5, page 2, between lines 31 and 32, by inserting:

“2. The director may serve as a member of the Nevada Technology Council.”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 418.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 883.

Amend section 1, page 2, by deleting lines 14 and 15 and inserting:

“(a) Independently verify the accuracy of a statement made by an inspector certified pursuant to chapter 645D of NRS or another appropriate licensed or certified expert.”.

Amend sec. 2, page 2, by deleting line 19 and inserting:

“645.257 1. A”.

Amend sec. 2, page 2, by deleting lines 32 through 34.

Amend sec. 3, page 2, by deleting lines 41 through 48 and inserting:

“2. Except as otherwise provided in this subsection, the failure of the seller to make the disclosures required by NRS 113.130 and 113.135 if the information that would have been disclosed pursuant to NRS 113.130 and 113.135 is a public record which is readily available to the client. Notwithstanding the provisions of this subsection, a licensee is not relieved of the duties imposed by paragraph (a) of subsection 1 of NRS 645.252.”.

Amend the bill as a whole by renumbering sections 7 and 8 as sections 8 and 9 and adding a new section designated sec. 7, following sec. 6, to read as follows:

“Sec. 7. NRS 645.830 is hereby amended to read as follows:

645.830 1. The following fees must be charged by and paid to the division:

For each original real estate broker’s, broker-salesman’s or corporate broker’s license [$170] $85

For each original real estate salesman’s license [130] 65

For each original branch office license 100

For real estate education, research and recovery to be paid at the time an original application for a license is filed 20

For real estate education, research and recovery to be paid at the time an application for a license [is filed or at the time a license] is renewed 40

For each renewal of a real estate broker’s, broker-salesman’s or corporate broker’s license 170

For each renewal of a real estate salesman’s license 130

For each renewal of a real estate branch office license 100

For each penalty for late filing of a renewal for a broker’s, broker-salesman’s or corporate broker’s license 85

For each penalty for late filing of a renewal for a salesman’s license 65

For each change of name or address 10

For each transfer of a real estate salesman’s or broker-salesman’s license and change of association or employment 10

For each duplicate license where the original license is lost or destroyed, and an affidavit is made thereof 10

For each change of status from broker to broker-salesman, or the reverse 10

For each reinstatement to active status of an inactive real estate broker’s, broker-salesman’s or salesman’s license 10

For each reinstatement of a real estate broker’s license when the licensee fails to give immediate written notice to the division of a change of name or business location 20

For each reinstatement of a real estate salesman’s or broker-salesman’s license when he fails to notify the division of a change of broker within 30 days of termination by previous broker 20

For each original registration of an owner-developer 100

For each annual renewal of a registration of an owner-developer 100

For each enlargement of the area of an owner-developer’s registration 15

For each cooperative certificate issued to an out-of-state broker licensee for 1 year or fraction thereof 40

For each original accreditation of a course of continuing education 50

For each renewal of accreditation of a course of continuing education 10

2. The fees prescribed for courses of continuing education do not apply to any university or community college of the University and Community College System of Nevada.”.

Amend sec. 7, page 5, by deleting lines 18 through 20 and inserting “himself.”.

Amend sec. 8, page 5, line 21, by deleting:

“5, 6 and 7” and inserting:

“6 and 8”.

Amend sec. 8, page 5, by deleting line 23 and inserting:

“2. Sections 4, 5 and 7 of this act become effective on July 1, 2002.”.

Amend the title of the bill by deleting the third line and inserting: “of such real estate licensees; revising the schedule of fees paid to the real estate division of the department of business and industry;”.

Assemblyman Dini moved the adoption of the amendment.

Remarks by Assemblyman Dini.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 297.

Bill read second time.

The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:

Amendment No. 860.

Amend sec. 11, page 6, line 10, by deleting “must” and inserting “[must] may”.

Amend sec. 11, page 6, line 11, by deleting “box,” and inserting “box and”.

Amend sec. 11, page 6, line 12, after “The” by inserting:

“ballot box or”.

Amend sec. 11, page 6, line 14, by deleting “[ballot box]” and inserting:

“ballot box or”.

Amend sec. 11, page 6, line 15, by deleting “[box]” and inserting “box or”.

Amend sec. 11, page 6, line 17, by deleting “[ballot box]” and inserting:

“ballot box or”.

Amend sec. 11, page 6, by deleting lines 18 through 21 and inserting:

“1, the county clerk shall provide a new ballot box sealed in the manner prescribed in NRS 293.359.

3. At the close of each voting day before the fourth voting day before the last day to vote early, the county clerk may deliver all ballots voted to the ballot board for early voting. At the close of the fourth voting day before the last day to vote early and at the close of each of the 3 days thereafter, the county”.

Amend sec. 11, page 6, by deleting line 25 and inserting:

“(a) Each remaining ballot box [containing] and container that holds the”.

Amend sec. 11, page 6, line 31, by deleting “[ballot boxes]” and inserting:

“ballot boxes and”.

Amend sec. 31, page 16, line 46, by deleting “must” and inserting “[must] may”.

Amend sec. 31, page 16, line 47, by deleting “box,” and inserting “box and”.

Amend sec. 31, page 16, line 48, after “The” by inserting:

“ballot box or”.

Amend sec. 31, page 17, line 1, by deleting “[ballot box]” and inserting:

“ballot box or”.

Amend sec. 31, page 17, line 2, by deleting “[box]” and inserting “box or”.

Amend sec. 31, page 17, line 3, by deleting “[ballot box]” and inserting:

“ballot box or”.

Amend sec. 31, page 17, by deleting lines 4 through 7 and inserting:

“1, the city clerk shall provide a new ballot box sealed in the manner prescribed in NRS 293C.359.

3. At the close of each voting day before the fourth voting day before the last day to vote early, the city clerk may deliver all ballots voted to the ballot board for early voting. At the close of the fourth voting day before the last day to vote early and at the close of each of the 3 days thereafter, the city clerk”.

Amend sec. 31, page 17, by deleting line 11 and inserting:

“(a) Each remaining ballot box [containing] and container that holds the”.

Amend sec. 31, page 17, line 17, by deleting “[ballot boxes]” and inserting:

“ballot boxes and”.

Amend the bill as a whole by deleting sec. 40.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Bache moved that upon return from the printer Senate Bill No. 401 be placed on the Chief Clerk’s desk.

Remarks by Assemblyman Bache.

Motion carried.

Assemblyman Bache moved that Senate Bill No. 228 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Bache.

Motion carried.

general file and third reading

Senate Bill No. 519.

Bill read third time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 864.

Amend sec. 22, page 8, line 43, by deleting “NRS 179D.410.” and inserting:

“paragraph (b) of subsection 6 of NRS 179.245.”.

Amend sec. 23, page 9, by deleting line 40 and inserting:

“(b) “Sexual offense” [has the meaning ascribed to it in NRS 179D.210.] means:

(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

(2) Sexual assault pursuant to NRS 200.366.

(3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.

(4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

(8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

(9) Incest pursuant to NRS 201.180.

(10) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

(11) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.

(12) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.

(13) Lewdness with a child pursuant to NRS 201.230.

(14) Sexual penetration of a dead human body pursuant to NRS 201.450.

(15) Annoyance or molestation of a minor pursuant to NRS 207.260.

(16) An attempt to commit an offense listed in subparagraphs (1) to (15), inclusive.”.

Amend the title of the bill by deleting the fifth and sixth lines and inserting:

“entry into the community; revising the provisions regarding the sealing of records; and providing”.

Amend the summary of the bill to read as follows:

“SUMMARY—Provides for establishment of programs for re-entry into community of certain prisoners and parolees and revises provisions regarding sealing of records. (BDR 16‑1477)”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblymen Anderson and Williams.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 285.

Bill read third time.

Remarks by Assemblywoman Parnell.

Roll call on Assembly Bill No. 285:

Yeas—42.

Nays—None.

Assembly Bill No. 285 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Assembly Bill No. 297.

Bill read third time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 797.

Amend the bill as a whole by deleting sections 1 through 4 and renumbering sections 5 through 7 as sections 1 through 3.

Amend the bill as a whole by deleting sections 8 through 10, renumbering sec. 11 as sec. 5 and adding a new section designated sec. 4, following sec. 7, to read as follows:

“Sec. 4. Section 1 of Assembly Bill No. 130 of this session is hereby amended to read as follows:

Section 1. NRS 391.3197 is hereby amended to read as follows:

391.3197 1. A probationary employee is employed on a contract basis for two 1-year periods and has no right to employment after either of the two probationary contract years.

2. The board shall notify each probationary employee in writing on or before May 1 of the first and second school years of his probationary period, as appropriate, whether he is to be reemployed for the second year of the probationary period or for the next school year as a postprobationary employee. The employee must advise the board in writing on or before May 10 of the first or second year of his probationary period, as appropriate, of his acceptance of reemployment. If a probationary employee is assigned to a school that operates all year, the board shall notify him in writing, in both the first and second years of his probationary period,no later than 45 days before his last day of work for the year under his contract whether he is to be reemployed for the second year of the probationary period or for the next school year as a postprobationary employee. He must advise the board in writing within 10 days after the date of notification of his acceptance or rejection of reemployment for another year. Failure to advise the board of his acceptance of reemployment constitutes rejection of the contract.

3. A probationary employee who completes his 2-year probationary period and receives a notice of reemployment from the school district in the second year of his probationary period is entitled to be a postprobationary employee in the ensuing year of employment.

4. If a probationary employee receives notice pursuant to subsection 4 of NRS 391.3125 not later than March 1 of a potential decision not to reemploy him, the employee may request a supplemental evaluation by another administrator in the school district selected by him and the superintendent. If a school district has five or fewer administrators, the supplemental evaluator may be an administrator from another school district in this state. If a probationary employee has received during the first school year of his probationary period three evaluations which state that the employee’s overall performance has been satisfactory, the superintendent of schools of the school district or his designee shall waive the second year of the employee’s probationary period by expressly providing in writing on the final evaluation of the employee for the first probationary year that the second year of his probationary period is waived. Such an employee is entitled to be a postprobationary employee in the ensuing year of employment.

5. If a probationary employee is notified that he will not be reemployed for the second year of his probationary period or the ensuing school year, his employment ends on the last day of the current school year. The notice that he will not be reemployed must include a statement of the reasons for that decision.

6. A new employee or a postprobationary teacher who is employed as an administrator shall be deemed to be a probationary employee for the purposes of this section and must serve a 2-year probationary period as an administrator in accordance with the provisions of this section. If the administrator does not receive an unsatisfactory evaluation during the first year of probation, the superintendent or his designee shall waive the second year of the administrator’s probationary period. Such an administrator is entitled to be a postprobationary employee in the ensuing year of employment. If [a] :

(a) A postprobationary teacher who is an administrator is not reemployed [in that capacity] as an administrator after either year of his probationary period [, he may accept] ; and

(b) There is a position as a teacher available for the ensuing school year in the school district in which the person is employed,

the board of trustees of the school district shall, on or before May 1, offer the person a contract as a teacher for the ensuing school year . The person may accept the contract in writing on or before May 10. If [he] the person fails to accept the contract as a teacher, [he] the person shall be deemed to have rejected the offer of a contract as a teacher.

7. An administrator who has completed his probationary period pursuant to subsection 6 and is thereafter promoted to the position of principal must serve an additional probationary period of 1 year in the position of principal. If the administrator serving the additional probationary period is not reemployed [in that capacity] as a principal after the expiration of the additional probationary period, [he may accept] the board of trustees of the school district in which the person is employed shall, on or before May 1, offer the person a contract for the ensuing school year[, in writing, on or before May 10,] for the administrative position in which [he] the person attained postprobationary status. [If he] The person may accept the contract in writing on or before May 10. If the person fails to accept such a contract, [he] the person shall be deemed to have rejected the offer of employment.

8. Before dismissal, the probationary employee is entitled to a hearing before a hearing officer which affords due process as set out in NRS 391.311 to 391.3196, inclusive.”.

Amend the title of the bill to read as follows:

“AN ACT relating to educational personnel; revising provisions governing the evaluation and admonition of probationary and postprobationary employees of school districts; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes regarding educational personnel. (BDR 34‑297)”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblymen Giunchigliani and Dini.

Amendment adopted.

Assemblywoman Giunchigliani moved that Senate Bill No. 297 be taken from the General File and placed on the Chief Clerk’s desk.

Motion carried.

Assembly Bill No. 453.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 887.

Amend sec. 14, page 2, line 42, by deleting:

“authorized to engage” and inserting:

“exempt from state prosecution for engaging”.

Amend the bill as a whole by adding a new section designated sec. 14.5, following sec. 14, to read as follows:

“Sec. 14.5. “State prosecution” means prosecution initiated or maintained by the State of Nevada or an agency or political subdivision of the State of Nevada.”.

Amend sec. 15, page 2, by deleting lines 48 and 49 and inserting:

“thereof, that are appropriate for the medical use of marijuana.”.

Amend the bill as a whole by deleting sections 17 and 18 and adding new sections designated sections 17 and 18, following sec. 16, to read as follows:

“Sec. 17. 1. Except as otherwise provided in this section and section 24 of this act, a person who holds a valid registry identification card issued to him pursuant to section 20 or 23 of this act is exempt from state prosecution for:

(a) Possession, delivery or production of marijuana;

(b) Possession or delivery of drug paraphernalia;

(d) Aiding and abetting another in the possession or delivery of drug paraphernalia;

(e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and

(f) Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of drug paraphernalia is an element.

2. In addition to the provisions of subsection 1, no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being in the presence or vicinity of the medical use of marijuana in accordance with the provisions of this chapter.

3. The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person who holds a registry identification card issued to him pursuant to paragraph (a) of subsection 1 of section 20 of this act, and the designated primary caregiver, if any, of such a person:

(a) Engage in or assist in, as applicable, the medical use of marijuana in accordance with the provisions of this chapter as justified to mitigate the symptoms or effects of the person’s chronic or debilitating medical condition; and

(b) Do not, at any one time, collectively possess, deliver or produce more than:

(1) One ounce of usable marijuana;

(2) Three mature marijuana plants; and

(3) Four immature marijuana plants.

4. If the persons described in subsection 3 possess, deliver or produce marijuana in an amount which exceeds the amount described in paragraph (b) of that subsection, those persons:

(a) Are not exempt from state prosecution for possession, delivery or production of marijuana.

(b) May establish an affirmative defense to charges of possession, delivery or production of marijuana, or any combination of those acts, in the manner set forth in section 25 of this act.

Sec. 18. (Deleted by amendment.)”.

Amend sec. 24, page 8, by deleting lines 35 through 38 and inserting:

“Sec. 24. 1. A person who holds a registry identification card issued to him pursuant to section 20 or 23 of this act is not exempt from state prosecution for, nor may he establish an”.

Amend sec. 25, page 9, line 22, by deleting:

“sections 24 and 31” and inserting “section 24”.

Amend sec. 25, page 9, line 34, by deleting:

“allowed pursuant to subsection 1 of section 18” and inserting:

“described in paragraph (b) of subsection 3 of section 17”.

Amend sec. 25, page 9, line 43, by deleting:

“allowed pursuant to subsection 1 of section 18” and inserting:

“described in paragraph (b) of subsection 3 of section 17”.

Amend sec. 25, page 10, line 12, by deleting:

“allowed pursuant to subsection 1 of section 18” and inserting:

“described in paragraph (b) of subsection 3 of section 17”.

Amend sec. 26, page 10, by deleting lines 48 and 49 and inserting:

“paraphernalia or other related property was seized is engaging in or assisting in the medical use of marijuana in accordance with the provisions of”.

Amend sec. 26, page 11, by deleting line 8 and inserting:

“engaging in or assisting in the medical use of marijuana in accordance with the provisions of this chapter shall be deemed to be”.

Amend sec. 28, page 11, line 41, by deleting:

“as authorized pursuant to” and inserting:

“in accordance with”.

Amend sec. 31, page 12, by deleting lines 37 through 40.

Amend the bill as a whole by adding new sections designated sections 31.3 and 31.7, following sec. 31, to read as follows:

“Sec. 31.3. 1. The director of the department may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of this chapter.

2. Any money the director receives pursuant to subsection 1 must be deposited in the state treasury pursuant to section 31.7 of this act.

Sec. 31.7. 1. Any money the director of the department receives pursuant to section 31.3 of this act or that is appropriated to carry out the provisions of this chapter:

(a) Must be deposited in the state treasury and accounted for separately in the state general fund;

(b) May only be used to carry out the provisions of this chapter, including the dissemination of information concerning the provisions of sections 2 to 33, inclusive, of this act and such other information as determined appropriate by the director; and

2. The director of the department shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the state are paid.”.

Amend sec. 36, page 13, line 40, by deleting “laws or”.

Amend sec. 37, page 13, by deleting lines 44 and 45 and inserting:

“pursuant to, a prescription or order of a physician, osteopathic physician’s assistant, physician assistant, dentist, podiatric physician, optometrist, advanced practitioner of nursing or veterinarian while acting in the”.

Amend sec. 40, page 17, line 6, by deleting:

“bureau of alcohol and drug abuse in” and inserting:

“health division of”.

Amend sec. 44, page 19, line 7, by deleting:

“as authorized pursuant to” and inserting:

“in accordance with the provisions of”.

Amend sec. 45, page 19, lines 33 and 34, by deleting:

“as authorized pursuant to” and inserting:

“in accordance with the provisions of”.

Amend sec. 46, pages 19 and 20, by deleting line 49 on page 19 and line 1 on page 20, and inserting:

“lawful prescription issued in his name [,]or that he was not using in accordance with the provisions of sections”.

Amend sec. 47, page 20, by deleting lines 37 through 48 and inserting:

“1. Prescribing or administering to a patient under his careacontrolled substance which is listed in schedule II, III, IV or V by the state board of pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully prescribed or administered for the treatment of intractable pain in accordance with regulations adopted by the board.

2. Engaging in any activity in accordance with the provisions of sections 2 to 33, inclusive, of this act.”.

Amend the bill as a whole by deleting sec. 48 and adding:

“Sec. 48. (Deleted by amendment.)”.

Amend sec. 50, page 21, line 14, by deleting:

“and section 48 of this act become” and inserting “becomes”.

Amend sec. 50, page 21, by deleting line 20 and inserting:

“31.3, 31.7, 33 to 36, inclusive, 38 to 47, inclusive, and 49 of this act become effective on October 1, 2001.

4. Section 37 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.

Amend the title of the bill to read as follows:

“AN ACT relating to controlled substances; exempting the medical use of marijuana from state prosecution in certain circumstances; revising the penalties for possessing marijuana; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY¾Exempts medical use of marijuana from state prosecution in certain circumstances and revises penalties for possessing marijuana. (BDR 40‑121)”.

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. 558.

Bill read third time.

Remarks by Assemblymen Leslie, Koivisto, Parks, Neighbors and Humke.

Potential conflict of interest declared by Assemblymen Humke, Koivisto, Neighbors and Parks.

Roll call on Assembly Bill No. 558:

Yeas—42.

Nays—None.

Assembly Bill No. 558 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 54.

Bill read third time.

Remarks by Assemblywoman Cegavske.

Roll call on Senate Bill No. 54:

Yeas—29.

Nays—Arberry, Bache, Buckley, Collins, de Braga, Freeman, Giunchigliani, Goldwater, Koivisto, Leslie, Marvel, Neighbors, Perkins—13.

Senate Bill No. 54 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 57.

Bill read third time.

Remarks by Assemblymen Giunchigliani, Gustavson, Parnell and Collins.

Roll call on Senate Bill No. 57:

Yeas—36.

Nays—Angle, Cegavske, Gustavson, Tiffany, Von Tobel—5.

Not Voting—Goldwater.

Senate Bill No. 57 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 88.

Bill read third time.

Remarks by Assemblyman Collins.

Roll call on Senate Bill No. 88:

Yeas—42.

Nays—None.

Senate Bill No. 88 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 119.

Bill read third time.

Remarks by Assemblywoman Ohrenschall.

Roll call on Senate Bill No. 119:

Yeas—40.

Nays—Angle, Gustavson—2.

Senate Bill No. 119 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 182.

Bill read third time.

Roll call on Senate Bill No. 182:

Yeas—42.

Nays—None.

Senate Bill No. 182 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 251.

Bill read third time.

Remarks by Assemblywoman Leslie.

Roll call on Senate Bill No. 251:

Yeas—42.

Nays—None.

Senate Bill No. 251 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 396.

Bill read third time.

Remarks by Assemblymen Carpenter, Arberry, Giunchigliani, Chowning, Price, Dini, Gustavson, Oceguera and Collins.

Roll call on Senate Bill No. 396:

Yeas—37.

Nays—Arberry, Bache, Gibbons, Giunchigliani, Von Tobel—5.

Senate Bill No. 396 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 424.

Bill read third time.

Remarks by Assemblywoman Smith.

Roll call on Senate Bill No. 424:

Yeas—42.

Nays—None.

Senate Bill No. 424 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 467.

Bill read third time.

Remarks by Assemblyman de Braga.

Roll call on Senate Bill No. 467:

Yeas—42.

Nays—None.

Senate Bill No. 467 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 540.

Bill read third time.

Roll call on Senate Bill No. 540:

Yeas—42.

Nays—None.

Senate Bill No. 540 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 563.

Bill read third time.

Remarks by Assemblyman Bache.

Roll call on Senate Bill No. 563:

Yeas—42.

Nays—None.

Senate Bill No. 563 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 641.

Bill read third time.

Remarks by Assemblymen Chowning and Nolan.

Roll call on Assembly Bill No. 641:

Yeas—40.

Nays—Bache, Giunchigliani—2.

Assembly Bill No. 641 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 525.

Bill read third time.

Remarks by Assemblyman Chowning.

Roll call on Senate Bill No. 525:

Yeas—40.

Nays—Giunchigliani, Perkins—2.

Senate Bill No. 525 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 191.

Bill read third time.

Remarks by Assemblyman Cegavske.

Roll call on Senate Bill No. 191:

Yeas—42.

Nays—None.

Senate Bill No. 191 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 260.

Bill read third time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 924.

Amend sec. 4, page 4, by deleting lines 25 through 30 and inserting:

“shall:

(a) Givethe holder the opportunity to indicate on his identification card that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses to make an anatomical gift of his body or part of his body;

(b) Give the holder the opportunity to indicate whether he wishes to donate $1 or more to the anatomical gift account created by section 7 of Assembly Bill No. 497 of this [act;]session; and

(c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization.

[5.] 6. If the holder wishes to make a donation to the anatomical gift account, the department shall collect the donation and deposit the money collected in the state treasury for credit to the anatomical gift account.

[6.] 7. The department shall submit to The Living Bank International, or its successor organization, information from the records of the department relating to persons who have identification cards issued by the department that indicate the intention of those persons to make an anatomical gift. The department shall adopt regulations to carry out the provisions of this subsection.

[7.] 8. As used in this section, “photograph” has the meaning ascribed to it in NRS 483.125.”.

Amend sec. 8, page 5, by deleting line 32 and inserting:

“Sec. 8. 1. This section and sections 1, 2, 3, 5, 6 and 7 of this act become effective on July 1, 2001.

2. Section 4 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.

Assemblywoman Chowning moved the adoption of Amendment No. 924.

Remarks by Assemblywoman Chowning.

Amendment adopted.

The following amendment was proposed by Assemblymen Carpenter, Chowning and McClain.

Amendment No. 925.

Amend section 1, page 2, line 6, after “;” by inserting “and”.

Amend section 1, page 2, by deleting lines 7 and 8.

Amend section 1, page 2, line 9, by deleting “(4)” and inserting “(3)”.

Amend section 1, page 2, line 21, by deleting “[and]” and inserting “and”.

Amend section 1, page 2, lines 22 through 24, by deleting:

“He has held an instruction permit for not less than 6 months before he applies for the license; and

(5)”.

Amend the bill as a whole by deleting sec. 7 and inserting:

“Sec. 7. (Deleted by amendment.)”.

Assemblyman Carpenter moved the adoption of Amendment No. 925.

Remarks by Assemblyman Carpenter.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 52.

Bill read third time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 875.

Amend the bill as a whole by deleting sections 2 through 6.

Amend the title of the bill by deleting the second through fourth lines and inserting:

“insurance payments may collect from patients; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Limits fees which providers of health services that accept insurance payments may collect from patients. (BDR 40‑655)”.

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. 250.

Bill read third time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 813.

Amend sec. 6, page 2, line 5, after “provided in” by inserting:

“this section and”.

Amend sec. 6, page 2, line 12, after “2.” by inserting:

“The requirements of subsection 1 do not apply to a hospital in which fewer than 500 childbirths occur annually.

3.”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Chowning moved that Senate Bill No. 219 be taken from the Chief Clerk’s desk and placed on the Second Reading File.

Remarks by Assemblywoman Chowning.

Motion carried.

Assemblywoman Buckley moved that the vote whereby Senate Bill No. 563 was passed be rescinded.

Motion carried.

general file and third reading

Assembly Bill No. 630.

Bill read third time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 873.

Amend section 1, page 1, line 9, after “health.” by inserting:

“The health division shall compile the information timely and not later than 6 months after it abstracts the information or receives the abstracted information from the health care facility.”.

Amend section 1, page 1, by deleting lines 15 through 18 and inserting:

“facilities for which the health division abstracts”.

Amend section 1, page 1, line 19, by deleting “misdemeanor.” and inserting:

“misdemeanor [.] and shall be punished by a fine of $1,000, and may be further punished by imprisonment in the county jail for not more than 6 months.”.

Amend the bill as a whole by deleting sec. 2 and adding a new section designated sec. 2, following section 1, to read as follows:

“Sec. 2. The amendatory provisions of this act do not apply to offenses committed before July 1, 2001.”.

Amend the title of the bill to read as follows:

“AN ACT relating to cancer; revising the provisions governing certain records of a health care facility relating to cancer; making a fine mandatory for a violation of such provisions; and providing other matters properly relating thereto.”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 563.

Bill read third time.

Remarks by Assemblyman Bache.

Roll call on Senate Bill No. 563:

Yeas—41.

Nays—None.

Not Voting—Goldwater.

Senate Bill No. 563 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

SECOND READING AND AMENDMENT

Senate Bill No. 219.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 814.

Amend section 1, page 2, by deleting lines 21 through 24 and inserting:

“discretion, is entitled to purchase the property by direct sale. If [no] a person who is entitled to purchase the property by direct sale pursuant to this paragraph reasonably believes that the department’s appraisal of the property is greater than the fair market value of the property, the person may file an objection to the appraisal with the department. The department shall set forth the procedure for filing an objection and the process under which a final determination will be made of the fair market value of the property for which an objection is filed. The department shall sell the property in the manner provided in subsection 2 if:

(1) No person requests to purchase the property by direct sale within 60 days after the notice is published pursuant to this paragraph [, the department shall sell the property in the manner provided in subsection 2.] ; or

(2) A person who files an objection pursuant to this paragraph fails, within 10 business days after he receives a written notice of the final determination of the fair market value of the property, to notify the department in writing that he wishes to purchase the property at the fair market value set forth in the notice.”.

Assemblywoman Chowning moved the adoption of the amendment.

Remarks by Assemblywoman Chowning.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 243.

The following Senate amendment was read:

Amendment No. 701.

Amend sec. 3, page 2, by deleting lines 21 and 22 and inserting:

“and equipment. The term does not include:”.

Amend sec. 10, page 3, by deleting lines 47 and 48 and inserting:

“used in the repair or maintenance of farm machinery and equipment. The term does not”.

Assemblyman Goldwater moved that the Assembly concur in the Senate amendment to Assembly Bill No. 243.

Remarks by Assemblyman Goldwater.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 433.

The following Senate amendment was read:

Amendment No. 702.

Amend the bill as a whole by adding a new section designated sec. 1.5, following section 1, to read as follows:

“Sec. 1.5. NRS 361.082 is hereby amended to read as follows:

361.082 1. [Real] That portion of real property and tangible personal property which is used for housing and related facilities for persons with low incomes [are] is exempt from taxation if the portion of property qualifies as a low-income unit and is part of a qualified low-income housing project that is funded in part by federal money appropriated pursuant to 42 U.S.C. §§ 12701 et seq. for the year in which the exemption applies.

2. The portion of a qualified low-income housing project that is entitled to the property tax exemption pursuant to subsection 1 must be determined by dividing the total assessed value of the housing project and the land upon which it is situated into the assessed value of the low-income units and related facilities that are occupied or used exclusively by persons with low incomes.

3. The Nevada tax commission shall, by regulation, prescribe a form for an application for the exemption described in subsection 1.

4. As used in this section, the terms “low-income unit” and “qualified low-income housing project” have the meanings ascribed to them in 26 U.S.C. § 42 . [, as it existed on July 1, 1991.]”.

Amend the title of the bill, third line, after “use;” by inserting:

“clarifying the exemption from taxation of certain property used for housing and related facilities by persons with low incomes;”.

Assemblyman Goldwater moved that the Assembly concur in the Senate amendment to Assembly Bill No. 433.

Remarks by Assemblyman Goldwater.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 105.

The following Senate amendment was read:

Amendment No. 664.

Amend sec. 5, page 2, by deleting lines 35 and 36 and inserting:

“202.260 1. A person who unlawfully possesses, manufactures [,] or disposes of any”.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 105.

Remarks by Assemblyman Anderson.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 162.

The following Senate amendment was read:

Amendment No. 567.

Amend section 1, page 1, by deleting lines 2 and 3 and inserting:

“205.0832 A person commits”.

Amend section 1, page 1, line 5, by deleting “[1.] (a)” and inserting “1.”.

Amend section 1, page 1, line 7, by deleting “[2.] (b)” and inserting “2.”.

Amend section 1, page 1, line 12, by deleting “[3.] (c)” and inserting “3.”.

Amend section 1, page 2, line 4, by deleting “[4.] (d)” and inserting “4.”.

Amend section 1, page 2, line 8, by deleting “[5.] (e)” and inserting “5.”.

Amend section 1, page 2, line 10, by deleting “[6.] (f)” and inserting “6.”.

Amend section 1, page 2, line 15, by deleting “[7.] (g)” and inserting “7.”.

Amend section 1, page 2, line 17, by deleting “[8.] (h)” and inserting “8.”.

Amend section 1, page 2, line 19, by deleting “[9.] (i)” and inserting “9.”.

Amend section 1, page 2, line 21, by deleting “(j)” and inserting “10.”.

Amend section 1, page 2, by deleting lines 24 through 28.

Amend the bill as a whole by deleting sec. 2 and renumbering sec. 3 as sec. 2.

Amend the title of the bill, third line, by deleting:

“under certain circumstances”.

Assemblyman Anderson moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 162.

Remarks by Assemblyman Anderson.

Motion carried by a constitutional majority.

Bill ordered transmitted to the Senate.

Assembly Bill No. 277.

The following Senate amendment was read:

Amendment No. 752.

Amend section 1, page 1, line 8, after “(b)” by inserting:

“Must include the amount of any attorney’s fees and costs to be paid pursuant to the agreement.

(c)”.

Amend the bill as a whole by renumbering sec. 3 as sec. 5 and adding new sections designated sections 3 and 4, following sec. 2, to read as follows:

“Sec. 3. Chapter 607 of NRS is hereby amended by adding thereto a new section to read as follows:

If the labor commissioner enters into, effects or approves any compromise or settlement of a claim or dispute concerning or arising out of an alleged violation of the labor laws of this state, the terms and conditions of the compromise or settlement:

1. Must be made available to the public upon request; and

2. Must not include any confidentiality clause or similar clause, and any such clause that is included in the terms and conditions of the compromise or settlement is void as against the public policy of this state.

Sec. 4. The amendatory provisions of this act apply to any compromise or settlement that is executed on or after July 1, 2001.”.

Amend the title of the bill to read as follows:

“AN ACT relating to public records; providing that an agreement to settle a tort claim or action against a governmental entity or an officer or employee thereof is not confidential; providing that such an agreement must include the amount of any attorney’s fees and costs to be paid pursuant to the agreement; providing that if the labor commissioner enters into, effects or approves any compromise or settlement concerning an alleged violation of labor laws, the terms and conditions of the compromise or settlement are not confidential; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Enacts provisions governing confidentiality of certain information. (BDR 3‑378)”.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 277.

Remarks by Assemblyman Anderson.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 173.

The following Senate amendment was read:

Amendment No. 716.

Amend sec. 5, page 2, by deleting line 26 and inserting:

“4. The parent or legal”.

Amend sec. 5, page 2, by deleting lines 40 through 42.

Amend sec. 10, pages 3 and 4, by deleting lines 47 through 49 on page 3 and lines 1 through 4 on page 4 and inserting:

“3. If the patient is a minor, the order is effective only if:

(a) The parent or legal guardian of the minor has agreed to its terms, in writing; and

(b) The minor has agreed to its terms, in writing, while he is capable of making an informed decision if, in the opinion of the attending physician, the minor is of sufficient maturity to understand the nature and effect of withholding life-resuscitating treatment.”.

Assemblywoman Koivisto moved that the Assembly concur in the Senate amendment to Assembly Bill No. 173.

Remarks by Assemblywoman Koivisto.

Motion carried by a two-third’s constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 639.

The following Senate amendment was read:

Amendment No. 710.

Amend the bill as a whole by renumbering sections 1 and 2 as sections 3 and 4 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

“Section 1. NRS 366.110 is hereby amended to read as follows:

366.110 The department:

1. Shall enforce the provisions of this chapter.

2. May adopt and enforce regulations relating to the administration and enforcement of this chapter.

3. Shall, by regulation, define “incidentally operated or moved upon a highway” for the purpose of NRS 366.085.

4. May determine whether any particular vehicle not specified in NRS 366.085 is special mobile equipment.

[4. Shall, on or before March 1, 2001, prepare and submit a written report concerning the administration and enforcement, during the immediately preceding biennium, of the provisions of this chapter as those provisions relate to the use of special fuel, to the director of the legislature counsel bureau for transmittal to the 71st session of the legislature.]

Sec. 2. NRS 366.200 is hereby amended to read as follows:

366.200 1. The sale or use of special fuel for any purpose other than to propel a motor vehicle upon the public highways of Nevada is exempt from the application of the tax imposed by NRS 366.190. The exemption provided in this subsection applies only in those cases where the purchasers or the users of special fuel establish to the satisfaction of the department that the special fuel purchased or used was used for purposes other than to propel a motor vehicle upon the public highways of Nevada.

2. Sales made to the United States Government or any instrumentality thereof are exempt from the tax imposed by this chapter.

3. Sales made to any state, county, municipality, district or other political subdivision thereof are exempt from the tax imposed by this chapter.

4. Sales made to any person to be used to propel a motor vehicle which is dedicated for exclusive use as part of a system which:

(a) Operates motor vehicles for public transportation in an urban area;

(b) Transports persons who pay the established fare; and

are [exempted] exempt from the tax imposed by this chapter.

5. Sales made to any person for use in operating special mobile equipment are exempt from the tax imposed by this chapter.”.

Amend section 1, page 1, line 3, before “NRS” by inserting:

“subsection 3 or 4 of”.

Amend section 1, page 1, by deleting line 17 and inserting:

“special mobile equipment or farm equipment that contains in the fuel tank of the special mobile equipment or farm equipment”.

Amend section 1, page 2, by deleting lines 7 through 10 and inserting:

“(1) Owned or leased by the operator of the farm equipment; and

(2) Used to store or process the crops or agricultural products.”.

Amend the title of the bill by deleting the first line and inserting:

“AN ACT relating to taxes; exempting from the tax on special fuel sales of special fuel for use in operating special mobile equipment; limiting the circumstances under which special fuel must be dyed before it is removed for distribution from a rack; authorizing a person to operate or maintain on certain highways special mobile equipment or”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing taxation, distribution and use of special fuel. (BDR 32‑1331)”.

Assemblywoman Chowning moved that the Assembly concur in the Senate amendment to Assembly Bill No. 639.

Remarks by Assemblywoman Chowning.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 47.

The following Senate amendment was read:

Amendment No. 705.

Amend section 1, page 2, by deleting lines 5 through 7 and inserting:

“employer’s places of business, [including, without limitation, each location at which the employer has directed one or more employees to perform work.] except that if such a place of business is situated in a temporary location and is intended to remain in the temporary location for not more than 1 year, the copy must be made available at that place of business within 24 hours after being requested by the administrator, auditor, agent or investigator.”.

Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 47.

Remarks by Assemblyman Dini.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 48.

The following Senate amendment was read:

Amendment No. 802.

Amend the bill as a whole by renumbering sections 3 through 5 as sections 4 through 6 and adding a new section designated sec. 3, following sec. 2, to read as follows:

“Sec. 3. NRS 616A.430 is hereby amended to read as follows:

616A.430 1. There is hereby established as a special revenue fund in the state treasury the uninsured employers’ claim fund, which may be used only for the purpose of making payments in accordance with the provisions of NRS 616C.220 and 617.401. The administrator shall administer the fund and shall credit any excess money toward the assessments of the insurers for the succeeding years.

2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the uninsured employers’ claim fund must be delivered to the custody of the state treasurer.

3. All money and securities in the fund must be held by the state treasurer as custodian thereof to be used solely for workers’ compensation.

4. The state treasurer may disburse money from the fund only upon written order of the state 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 money of the state general fund. Income realized from the investment of the assets of the fund must be credited to the fund.

6. The administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265, an amount to be deposited in the uninsured employers’ claim fund. To establish the amount of the assessment, the administrator shall determine the amount of money necessary to maintain an appropriate balance in the fund for each fiscal year and shall allocate a portion of that amount to be payable by private carriers, a portion to be payable by self-insured employers, a portion to be payable by associations of self-insured public or private employers and a portion to be payable by the employers who provide accident benefits pursuant to NRS 616C.265, based upon the expected annual expenditures for claims of each group of insurers. After allocating the amounts payable, the administrator shall apply an assessment rate to the:

(a) Private carriers that reflects the relative hazard of the employments covered by the private carriers, results in an equitable distribution of costs among the private carriers and is based upon expected annual premiums to be received;

(b) Self-insured employers that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims;

(c) Associations of self-insured public or private employers that results in an equitable distribution of costs among the associations of self-insured public or private employers and is based upon expected annual expenditures for claims; and

(d) Employers who provide accident benefits pursuant to NRS 616C.265 that reflects the relative hazard of the employments covered by those employers, results in an equitable distribution of costs among the employers and is based upon expected annual expenditures for claims.

The administrator shall adopt regulations for the establishment and administration of the assessment rates, payments and any penalties [, based upon expected annual expenditures for claims. Assessment rates must reflect the relative hazard of the employments covered by the insurers, and must be based upon expected annual expenditures for claims.] that the administrator determines are necessary to carry out the provisions of this subsection. As used in this subsection, the term “group of insurers” includes the group of employers who provide accident benefits for injured employees pursuant to NRS 616C.265.

7. 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 who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.”.

Amend sec. 5, page 2, line 28, by deleting “that” and inserting “who”.

Amend sec. 5, page 2, line 39, by deleting “that” and inserting “who”.

Amend the bill as a whole by renumbering sections 6 through 8 as sections 10 through 12 and adding new sections designated sections 7 through 9, following sec. 5, to read as follows:

“Sec. 7. NRS 616B.554 is hereby amended to read as follows:

616B.554 1. There is hereby established as a special revenue fund in the state treasury the subsequent injury fund for self-insured employers, which may be used only to make payments in accordance with the provisions of NRS 616B.557 and 616B.560. The board shall administer the fund based upon recommendations made by the administrator pursuant to subsection 8.

2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the board for the subsequent injury fund for self-insured employers must be delivered to the custody of the state treasurer.

3. All money and securities in the fund must be held by the state treasurer as custodian thereof to be used solely for workers’ compensation for employees of self-insured employers.

4. The state treasurer may disburse money from the fund only upon written order of the board.

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 board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must [reflect the relative hazard of the employments covered by] result in an equitable distribution of costs among the self-insured employers [,] and must be based upon expected annual expenditures for claims for payments from the subsequent injury fund for self-insured employers.

7. 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 self-insured employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

8. The administrator shall:

(a) Evaluate any claim submitted to the board for payment or reimbursement from the subsequent injury fund for self-insured employers and recommend to the board any appropriate action to be taken concerning the claim; and

(b) Submit to the board any other recommendations relating to the fund.

Sec. 8. NRS 616B.575 is hereby amended to read as follows:

616B.575 1. There is hereby established as a special revenue fund in the state treasury the subsequent injury fund for associations of self-insured public or private employers, which may be used only to make payments in accordance with the provisions of NRS 616B.578 and 616B.581. The board shall administer the fund based upon recommendations made by the administrator pursuant to subsection 8.

2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the board for the subsequent injury fund for associations of self-insured public or private employers must be delivered to the custody of the state treasurer.

3. All money and securities in the fund must be held by the state treasurer as custodian thereof to be used solely for workers’ compensation for employees of members of associations of self-insured public or private employers.

4. The state treasurer may disburse money from the fund only upon written order of the board.

6. The board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must [reflect the relative hazard of the employments covered by] result in an equitable distribution of costs among the associations of self-insured public or private employers [,] and must be based upon expected annual expenditures for claims for payments from the subsequent injury fund for associations of self-insured public or private employers.

7. 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 association of self-insured public or private employers that wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

8. The administrator shall:

(a) Evaluate any claim submitted to the board for payment or reimbursement from the subsequent injury fund for associations of self-insured public or private employers and recommend to the board any appropriate action to be taken concerning the claim; and

(b) Submit to the board any other recommendations relating to the fund.

Sec. 9. NRS 616B.584 is hereby amended to read as follows:

616B.584 1. There is hereby established as a special revenue fund in the state treasury the subsequent injury fund for private carriers, which may be used only to make payments in accordance with the provisions of NRS 616B.587 and 616B.590. The administrator shall administer the fund.

2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the subsequent injury fund for private carriers must be delivered to the custody of the state treasurer.

3. All money and securities in the fund must be held by the state treasurer as custodian thereof to be used solely for workers’ compensation for employees whose employers are insured by private carriers.

4. The state treasurer may disburse money from the fund only upon written order of the state controller.

6. The administrator shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by private carriers , must result in an equitable distribution of costs among the private carriers and must be based upon expected annual [expenditures for claims for payments from the subsequent injury fund for private carriers.] premiums to be received.

7. 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 private carrier who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.”.

Amend sec. 6, page 3, line 26, after “coverage” by inserting “for himself”.

Amend sec. 6, page 3, line 29, after “3.” by inserting:

“An officer or manager of such a corporation or company who:

(a) Owns the corporation or company;

(b) Operates the corporation or company exclusively from his primary residence; and

(c) Receives pay for the services performed,

may elect to reject coverage for himself by filing written notice thereof with the insurer. The rejection is effective upon receipt of the notice by the insurer.

4.”.

Amend sec. 6, page 3, line 32, by deleting “If” and inserting:

“Except as otherwise provided in subsection 3, if”.

Amend sec. 6, page 3, line 36, by deleting “4.” and inserting “5.”.

Amend sec. 6, page 3, line 42, by deleting “5.” and inserting “6.”.

Amend the bill as a whole by renumbering sections 9 and 10 as sections 15 and 16 and adding new sections designated sections 13 and 14, following sec. 8, to read as follows:

“Sec. 13. NRS 616C.265 is hereby amended to read as follows:

616C.265 1. Except as otherwise provided in NRS 616C.280, every employer operating under chapters 616A to 616D, inclusive, of NRS, alone or together with other employers, may make arrangements to provide accident benefits as defined in those chapters for injured employees.

2. Employers electing to make such arrangements shall notify the administrator of the election and render a detailed statement of the arrangements made, which arrangements do not become effective until approved by the administrator.

3. Every employer who maintains a hospital of any kind for his employees, or who contracts for the hospital care of injured employees, shall, on or before January 30 of each year, make a written report to the administrator for the preceding year, which must contain a statement showing:

(a) The total amount of hospital fees collected, showing separately the amount contributed by the employees and the amount contributed by the employers;

(b) An itemized account of the expenditures, investments or other disposition of such fees; and

4. Every employer who provides accident benefits pursuant to this section:

(a) Shall, in accordance with regulations adopted by the administrator, make a written report to the division of his actual and expected annual expenditures for claims and such other information as the division deems necessary to calculate an estimated or final annual assessment [.]and shall, to the extent that the regulations refer to the responsibility of insurers to make such reports, be deemed to be an insurer.

(b) Shall [be deemed to be an insurer for the purposes of] pay the assessments collected pursuant to NRS 232.680 and [the regulations adopted by the division pursuant to that section.] 616A.430.

5. The reports required by the provisions of subsections 3 and 4 must be verified:

(a) If the employer is a natural person, by the employer;

(b) If the employer is a partnership, by one of the partners;

(c) If the employer is a corporation, by the secretary, president, general manager or other executive officer of the corporation; or

(d) If the employer has contracted with a physician or chiropractor for the hospital care of injured employees, by the physician or chiropractor.

6. No employee is required to accept the services of a physician or chiropractor provided by his employer, but may seek professional medical services of his choice as provided in NRS 616C.090. Expenses arising from such medical services must be paid by the employer who has elected to provide benefits, pursuant to the provisions of this section, for his injured employees.

7. Every employer who fails to notify the administrator of such election and arrangements, or who fails to render the financial reports required, is liable for accident benefits as provided by NRS 616C.255.

Sec. 14. NRS 616D.120 is hereby amended to read as follows:

616D.120 1. Except as otherwise provided in this section, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has:

(a) Through fraud, coercion, duress or undue influence:

(1) Induced a claimant to fail to report an accidental injury or occupational disease;

(2) Persuaded a claimant to settle for an amount which is less than reasonable;

(3) Persuaded a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending; or

(4) Persuaded a claimant to accept less than the compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;

(b) Refused to pay or unreasonably delayed payment to a claimant of compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs:

(1) Later than 10 days after the date of the settlement agreement or stipulation;

(2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or division, unless a stay has been granted; or

(3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or division has been lifted;

(d) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;

(e) Failed to comply with the division’s regulations covering the payment of an assessment relating to the funding of costs of administration of chapters 616A to 617, inclusive, of NRS;

(f) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165; or

(g) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617 of NRS,

the administrator shall impose an administrative fine of $1,000 for each initial violation, or a fine of $10,000 for a second or subsequent violation.

2. Except as otherwise provided in chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has failed to comply with any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the administrator may take any of the following actions:

(a) Issue a notice of correction for:

(1) A minor violation, as defined by regulations adopted by the division; or

(2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto.

The notice of correction must set forth with particularity the violation committed and the manner in which the violation may be corrected. The provisions of this section do not authorize the administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer or court of competent jurisdiction or a provision contained in a written settlement agreement or written stipulation.

(b) Impose an administrative fine for:

(1) A second or subsequent violation for which a notice of correction has been issued pursuant to paragraph (a); or

(2) Any other violation of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a).

The fine imposed may not be greater than $250 for an initial violation, or more than $1,000 for any second or subsequent violation.

3. If the administrator determines that a violation of any of the provisions of paragraphs (a) to (d), inclusive, of subsection 1 has occurred, the administrator shall order the insurer, organization for managed care, health care provider, third-party administrator or employer to pay to the claimant a benefit penalty in an amount that is not less than $5,000 and not greater than $25,000. To determine the amount of the benefit penalty, the administrator shall consider the degree of physical harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c) or (d) of subsection 1, the amount of compensation found to be due the claimant and the number of fines and benefit penalties previously imposed against the insurer, organization for managed care, health care provider, third-party administrator or employer pursuant to this section. If this is the third violation within 5 years for which a benefit penalty has been imposed against the insurer, organization for managed care, health care provider, third-party administrator or employer, the administrator shall also consider the degree of economic harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c) or (d) of subsection 1. Except as otherwise provided in this section, the benefit penalty is for the benefit of the claimant and must be paid directly to him within 10 days after the date of the administrator’s determination. If the claimant is the injured employee and he dies before the benefit penalty is paid to him, the benefit penalty must be paid to his estate. Proof of the payment of the benefit penalty must be submitted to the administrator within 10 days after the date of his determination unless an appeal is filed pursuant to NRS 616D.140. Any compensation to which the claimant may otherwise be entitled pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection.

4. In addition to any fine or benefit penalty imposed pursuant to this section, the administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures or premiums received that are used to calculate an assessment , an administrative penalty of up to twice the amount of any underpaid assessment.

5. If:

(a) The administrator determines that a person has violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and

(b) The fraud control unit for industrial insurance established pursuant to NRS 228.420 notifies the administrator that the unit will not prosecute the person for that violation,

the administrator shall impose an administrative fine of not more than $10,000.

6. Two or more fines of $1,000 or more imposed in 1 year for acts enumerated in subsection 1 must be considered by the commissioner as evidence for the withdrawal of:

(a) A certificate to act as a self-insured employer.

(b) A certificate to act as an association of self-insured public or private employers.

7. The commissioner may, without complying with the provisions of NRS 616B.327 or 616B.431, withdraw the certification of a self-insured employer, association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer, association of self-insured public or private employers or third-party administrator violated any provision of subsection 1.”.

Amend sec. 9, page 5, line 27, after “coverage” by inserting “for himself”.

Amend sec. 9, page 5, line 30, after “3.” by inserting:

“An officer or manager of such a corporation or company who:

(a) Owns the corporation or company;

(b) Operates the corporation or company exclusively from his primary residence; and

4.”.

Amend the bill as a whole by renumbering sections 11 and 12 as sections 18 and 19 and adding a new section designated sec. 17, following sec. 10, to read as follows:

“Sec. 17. 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, 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 . [,]

2. The administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265. To establish the amount of the assessment, the administrator shall determine the amount of money necessary for each of the expenses set forth in subsections 1 and 4 of this section and subsection 3 of NRS 616A.425 and determine the amount that is payable by the private carriers, the self-insured employers, the associations of self-insured public or private employers and the employers who provide accident benefits pursuant to NRS 616C.265 for each of the programs. For the expenses from which more than one group of insurers receives benefit, the administrator shall allocate a portion of the amount necessary for that expense to be payable by each of the relevant group of insurers, based upon the expected annual expenditures for claims of each group of insurers. After allocating the amounts payable among each group of insurers for all the expenses from which each group receives benefit, the administrator shall apply an assessment rate to the:

(b) Self-insured employers that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims;

(d) Employers who provide accident benefits pursuant to NRS 616C.265 that reflect the relative hazard of the employments covered by those employers, results in an equitable distribution of costs among the employers and is based upon expected annual expenditures for claims . [for injuries occurring on or after July 1, 1999. The division]

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The administrator shall adopt regulations which establish [formulas of assessment which result in an equitable distribution of costs among the insurers and employers who provide accident benefits for injured employees. The formulas may utilize] the formula for the assessment and for the administration of payment, and any penalties that the administrator determines are necessary to carry out the provisions of this subsection. The formula may use actual expenditures for claims.

[2.] As used in this subsection, the term “group of insurers” includes the group of employers who provide accident benefits for injured employees pursuant to NRS 616C.265.

3. Federal grants may partially defray the costs of the division.

[3.] 4. 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.”.

Amend sec. 12, page 6, by deleting line 15 and inserting:

“Sec. 19. 1. This section and sections 1 to 9, inclusive, 11 to 14, inclusive, and 16, 17 and 18 of this act become effective on July 1, 2001.

2. Sections 10 and 15 of this act become effective at 12:01 a.m. on July 1, 2001.”.

Amend the title of the bill to read as follows:

“AN ACT relating to industrial insurance; providing a definition of “policy year” for the purpose of industrial insurance; requiring that the assessments payable by private carriers to support the uninsured employers’ claim fund, the subsequent injury fund for private carriers and the fund for workers’ compensation and safety be based upon expected annual premiums to be received by private carriers; specifying the circumstances under which a policy of industrial insurance may exclude coverage for certain employees covered by a consolidated insurance program; allowing certain employers to report information concerning tips received by their employees by a computerized program or process; revising the criteria for the assessment rates for the subsequent injury fund for self-insured employers and associations of self-insured public or private employers; authorizing a private carrier to require a sole proprietor seeking coverage to submit to a physical examination; eliminating the requirement that unpaid premiums bear interest at the rate of 1 percent monthly; and providing other matters properly relating thereto.”.

Assemblyman Dini moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 48.

Remarks by Assemblyman Dini.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 154.

The following Senate amendment was read:

Amendment No. 708.

Amend section 1, page 1, by deleting lines 3 through 11 and inserting:

“1. The board of county commissioners of a county may provide, by ordinance, that a certificate filed with the county clerk pursuant to NRS 602.010 expires 5 years after it is filed.

2. If such an ordinance is adopted, on or before the expiration of the certificate, the person doing business in the county under an assumed or fictitious name that does not indicate the real name of each person who owns an interest in the business must file a renewal certificate containing the information required by NRS 602.020 with the county clerk.

3. A renewal certificate filed pursuant to this section:

(a) Expires 5 years after it is filed with the county clerk.

(b) Must include a statement indicating that the renewal certificate expires 5 years after the date on which it is filed with the county clerk.

4. Upon the adoption of such an ordinance, the county clerk shall cause to be published in a newspaper of general circulation in the county notice that those persons who have filed certificates in the county pursuant to NRS 602.010 are required to renew those certificates pursuant to the provisions of this section.”.

Amend sec. 2, page 2, by deleting lines 3 and 4 and inserting:

“3. If the board of county commissioners of a county has adopted an ordinance pursuant to section 1 of this act, a certificate filed pursuant to this section expires 5 years after it is filed with the county clerk.”.

Amend sec. 6, page 3, line 38, by deleting “the” and inserting “any”.

Amend sec. 7, page 4, line 16, by deleting “the” and inserting “any”.

Amend sec. 8, page 4, line 23, after “or” by inserting “any”.

Amend sec. 9, page 5, line 25, after “or” by inserting “any”.

Amend the bill as a whole by deleting sec. 10, renumbering sec. 11 as sec. 10 and adding a new section designated sec. 11, following sec. 11, to read as follows:

“Sec. 11. This act becomes effective on July 1, 2001.”.

Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 154.

Remarks by Assemblyman Dini.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 279.

The following Senate amendment was read:

Amendment No. 706.

Amend section 1, page 1, line 5, after “disease” by inserting:

“during the course and scope of his employment”.

Amend section 1, page 2, line 16, by deleting “for” and inserting:

“for:

(1) Preventive treatment administered as a precaution to the employee; and

(2) Other”.

Amend section 1, page 2, between lines 28 and 29 by inserting:

“(c) “Preventive treatment” includes, without limitation, tests to determine if an employee has contracted the contagious disease to which he was exposed.”.

Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 279.

Remarks by Assemblyman Dini.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 345.

The following Senate amendment was read:

Amendment No. 704.

Amend the bill as a whole by deleting sections 1 and 2, renumbering sections 3 and 4 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. Chapter 617 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Each insurer shall submit to the administrator a written report concerning each claim for compensation that is filed with the insurer for an occupational disease of the heart or lungs or any occupational disease that is infectious or relates to cancer. The written report must be submitted to the administrator within 30 days after the insurer accepts or denies the claim pursuant to NRS 617.356 and must include:

(a) A statement specifying the nature of the claim;

(b) A statement indicating whether the insurer accepted or denied the claim and the reasons for the acceptance or denial;

(d) Any other information required by the administrator.

2. If a claim specified in subsection 1 is appealed or affirmed, modified or reversed on appeal, or is closed or reopened, the insurer shall notify the administrator of that fact in writing within 30 days after the claim is appealed, affirmed, modified, reversed, closed or reopened.

3. On or before February 1 of each year, the administrator shall prepare and make available to the general public a written report concerning claims specified in subsection 1. The written report must include:

(a) The information submitted to the administrator by an insurer pursuant to this section during the immediately preceding year; and

(b) Any other information concerning those claims required by the administrator.”.

Amend sec. 3, page 2, line 11, by deleting “2” and inserting “1”.

Amend sec. 3, page 2, line 12, by deleting:

“a county or city” and inserting “an insurer”.

Amend the title of the bill, first and second lines, by deleting:

“a county or city that is a self-insured employer” and inserting “an insurer”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires insurer to submit written report concerning claims for compensation for certain occupational diseases to administrator of division of industrial relations of department of business and industry. (BDR 53‑1267)”.

Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 345.

Remarks by Assemblyman Dini.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 363.

The following Senate amendment was read:

Amendment No. 707.

Amend section 1, page 2, by deleting lines 12 through 19 and inserting:

“3. The provider of health care shall also furnish a copy of any records that are necessary to support a claim or appeal under any provision of the Social Security Act, 42 U.S.C. §§ 301 et seq., or under any federal or state financial needs-based benefit program, without charge, to a patient, or a representative with written authorization from the patient, who requests it, if the request is accompanied by documentation of the claim or appeal.”.

Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 363.

Remarks by Assemblyman Dini.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 415.

The following Senate amendment was read:

Amendment No. 711.

Amend sec. 7, page 5, by deleting lines 38 and 39.

Amend sec. 7, pages 5 and 6, by deleting lines 43 through 49 on page 5 and lines 1 through 13 on page 6.

Amend sec. 7, page 6, line 14, by deleting “4.” and inserting “2.”.

Amend sec. 7, page 6, line 16, by deleting “5.” and inserting “3.”.

Amend sec. 7, page 6, by deleting lines 19 through 37 and inserting:

“(b) “Health care plan” has the meaning ascribed to it in NRS 679B.520.”.

Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 415.

Remarks by Assemblyman Dini.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 60.

The following Senate amendment was read:

Amendment No. 658.

Amend section 1, page 2, line 14, by deleting “may” and inserting “shall”.

Amend the title of the bill, first line, by deleting “authorizing” and inserting “requiring”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires public body to post additional notice of its meetings on its Internet website, if any. (BDR 18‑674)”.

Assemblyman Bache moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 60.

Remarks by Assemblyman Bache.

Motion carried.

Bill ordered transmitted to the Senate.

Assembly Bill No. 128.

The following Senate amendment was read:

Amendment No. 715.

Amend section 1, page 1, by deleting line 12 and inserting:

“the attorney general as to form and compliance with law.”.

Amend sec. 2, page 2, by deleting lines 39 through 41 and inserting:

“of examiners. The attorney general shall approve each lease entered into pursuant to this section as to form and compliance with law.”.

Amend the title of the bill by deleting the second through fourth lines and inserting:

“by the attorney general if an agency of this state is a party to the contract; providing that certain leases of offices for state officers and employees must be approved by the attorney general; and”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires approval by attorney general of certain contracts and leases. (BDR 22‑479)”.

Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 128.

Remarks by Assemblyman Bache.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Giunchigliani moved that Assembly Bill No. 297 be taken from the Chief Clerk's desk and placed on the General File for the next legislative day.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 235, 273, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

Mr. Speaker:

Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 122, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 6, 63, 83, 93, 95, 108, 110, 117, 163; Assembly Concurrent Resolution No. 34; Assembly Resolution No. 13; Senate Bill No. 91.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblyman Brower, the privilege of the floor of the Assembly Chamber for this day was extended to Brianna Schusterick, Nia Waters, Cary Ingbar, Karyn Murray, Parinaz Farahi, Pam Bigley, Kellen Bigley, Sydney Brown, Wes Dalen, Sanam Farahi, Dominick Giudici, Bobby Hodges, Davd Ingbar, Kendra Mallory, Trevor Murry, Erin McIntire, Aidan O'Leary, Michon Peek, Kyle Sargent, Amber Smith, Max Stern, Alex Tacher, Avi Johnson and Kevin Price.

On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Erin Russell.

On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to William Raley.

On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Amber Little.

On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Rachel Richter, Chris Wilks, Kassie Thomsen, Michael Greer, Kevin Seipp, Kenndra Brown, Sean Fannin, Shavon Bellows, Crystal Jay, Patrick Gilliland, Josh Johnson, Cate Hooten, Allen Giraud, Brandi Luster, Russel Archey, Rebecca Lucero and Art Nichols.

On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Cherie Price Steiner.

Assemblywoman Buckley moved that the Assembly adjourn until Wednesday, May 23, 2001 at 10:30 a.m.

Motion carried.

Assembly adjourned at 3:38 p.m.

Approved: Richard D. Perkins

Speaker of the Assembly

Attest: Jacqueline Sneddon

Senate Majority Leader Speaker of the Assembly

Speaker of the Assembly

Chief Clerk of the Assembly