THE SIXTY-EIGHTH DAY
Carson City(Friday), April 13, 2001
Senate called to order at 11:12 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Bruce Henderson.
Our Father in Heaven,
For many of us, even of diverse backgrounds, this is a very holy time of year. We remember the things You have taught through Moses like deliverance and freedom. Thank You. And, we gratefully remember items You have instructed us through Jesus such as forgiveness and eternal victory. Through these means and others, please grow in us faith, hope and love.
I pray in Your Name.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President pro Tempore and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. President pro Tempore:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 298, 501, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Ann O'Connell, Chairman
Mr. President pro Tempore:
Your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 352, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 319, 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 Finance.
Also, your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 243, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Raymond D. Rawson, Chairman
Mr. President pro Tempore:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 51, 233, 550, 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. 230, 232, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Finance.
Mark A. James, Chairman
Mr. President pro Tempore:
Your Committee on Legislative Affairs and Operations, to which was referred Senate Bill No. 57, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Jon C. Porter, Chairman
Mr. President pro Tempore:
Your Committee on Taxation, to which were referred Senate Bills Nos. 376, 381, 527, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mike McGinness, Chairman
Mr. President pro Tempore:
Your Committee on Transportation, to which were referred Senate Bills Nos. 118, 323, 415, 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 were referred Senate Bills Nos. 54, 219, 374, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William R. O'Donnell, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, April 11, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 377, 659.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 28, 34, 55, 152, 162, 201, 229, 361, 538.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
COMMUNICATIONS
Nelda Glaser, Halleck, NV 89824
April 9, 2001
Senator William J. Raggio, Senate Majority Leader, Nevada State Senate
Legislative Building, 401 S. Carson Street, Carson City, Nevada, 89701-4747
Dear Senator Raggio:
Please accept my thanks and appreciation to you and the members of the Nevada Senate for the lovely ceremony honoring my husband, Norman, in his induction into the Nevada Senate Hall of Fame. Our family and guests were very impressed with the ceremony and heartfelt remarks of the Senators.
I shall always treasure the framed picture of his induction into the Hall of Fame. Thank you again for your hospitality and many courtesies.
Sincerely,
Nelda Glaser
WAIVERS AND EXEMPTIONS
Waiver Of Joint Standing Rule(s)
A Waiver requested by: Committee on Commerce and Labor.
For: Senate Bill No. 421.
To Waive:
Subsection 1 of Joint Standing Rule No. 14.3 (out of final committee of house of origin by 68th day).
Subsection 2 of Joint Standing Rule No. 14.3 (out of house of origin by 78th day).
Subsection 3 of Joint Standing Rule No. 14.3 (out of final committee of 2nd house of origin by 103rd day).
Subsection 4 of Joint Standing Rule No. 14.3 (out of 2nd house by 110th day).
With the following conditions:
May only be passed out of final committee of house of origin on or before April 26, 2001.
May only be passed out of final committee of house of origin on or before May 1, 2001.
May only be passed out of final committee of house of origin on or before May 25, 2001.
May only be passed out of final committee of house of origin on or before May 29, 2001.
Has been granted effective: April 12, 2001.
William J. Raggio Richard D. Perkins
A Waiver requested by: Select Committee on Energy.
For: Assembly Bill No. 661.
To Waive:
Subsection 1 of Joint Standing Rule No. 14.3 (out of final committee of house of origin by 68th day).
With the following conditions:
May only be passed out of final committee of house of origin on or before April 23, 2001.
Has been granted effective: April 12, 2001.
William J. Raggio Richard D. Perkins
Notice of Exemption
April 11, 2001
The Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has determined the exemption of: Senate Bills Nos. 495, 501, 542, 565.
Gary Ghiggeri
Fiscal Analysis Division
April 12, 2001
The Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has determined the exemption of: Senate Bill No. 534.
Gary Ghiggeri
Fiscal Analysis Division
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rawson moved that Senate Bill No. 319 be re-referred to the Committee on Finance.
Remarks by Senator Rawson.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 28.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 34.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 55.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 152.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 162.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 201.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 229.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 361.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 377.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 538.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 659.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 20.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 96.
Amend the bill as a whole by deleting sections 1 through 5 and renumbering sections 6 and 7 as sections 1 and 2.
Amend sec. 6, page 3, line 35, after “person” by inserting: “who is a resident of this state”.
Amend sec. 6, page 3, line 37, after “department.” by inserting: “Any person who is not a resident of this state may apply to the sheriff of any county in this state for a permit on a form prescribed by regulation of the department.”.
Amend sec. 6, page 3, line 40, by deleting the brackets and strike-through.
Amend sec. 6, page 3, by deleting lines 43 and 44 and inserting:
“(a) [Is a resident of this state;
(b)]Is 21 years of age or older;”.
Amend sec. 6, page 3, line 45, by deleting “(c)” and inserting “[(c)] (b)”.
Amend sec. 6, page 3, line 47, by deleting “(d)” and inserting “[(d)] (c)”.
Amend sec. 6, page 4, by deleting lines 7 and 8 and inserting: “Such a course must include instruction in the use of each firearm to which the application pertains and in the laws of this state relating to”.
Amend sec. 6, page 4, by deleting lines 14 through 17 and inserting:
“3. The sheriff shall deny an application or revoke a permit if he”.
Amend sec. 6, page 4, line 34, by deleting “[3] 5” and inserting “3”.
Amend sec. 6, page 5, line 1, by deleting “[4.] 5.” and inserting “4.”.
Amend sec. 6, page 5, line 5, by deleting “[3] 4” and inserting “3”.
Amend sec. 6, page 5, line 8, by deleting “[5.] 6.” and inserting “5.”.
Amend sec. 6, page 5, line 19, by deleting “[6.] 7.” and inserting “6.”.
Amend sec. 6, page 5, line 30, by deleting “The” and inserting: “[The] If the applicant is a resident of this state, the”.
Amend sec. 6, page 5, by deleting lines 32 through 37 and inserting:
“(e) If the applicant is not a resident of this state, the applicant’s driver’s license number or identification card number issued by another state or jurisdiction;
(f) The make, model and caliber of each firearm to which the application pertains;
[(f)]”.
Amend sec. 7, page 6, line 2, by deleting: “and sections 2, 3 and 4 of this act”.
Amend sec. 7, page 6, by deleting lines 13 through 34 and inserting: “containing a colored photograph of the applicant and containing such other information containing a colored photograph of the applicant and containing such other information as may be prescribed by the department. The permit must be in substantially the following form:
NEVADA CONCEALED FIREARM PERMIT
County................. ............................... Permit Number.....
Expires.................. ............................... Date of Birth........
Height................... ............................... Weight.................
Name..................... ............................... Address...............
City....................... ............................... Zip.........................
Photograph
Signature..............
Issued by.............
Date of Issue.......
Make, model and caliber of firearm authorized......... ”.
Amend sec. 7, page 6, by deleting lines 36 and 37 and inserting: “permit expires :
(a) If the permittee was a resident of this state at the time the permit was issued, on the fifth anniversary of the permittee’s birthday, measured from the birthday nearest the date of issuance or renewal.
(b) If the permittee was not a resident of this state at the time the permit was issued, on the third anniversary of the permittee’s birthday, measured from the birthday nearest the date of issuance or renewal.
5. If the”.
Amend sec. 7, page 6, lines 39 and 40, by deleting: “and sections 2, 3 and 4 of this act,”.
Amend the bill as a whole by deleting sections 8 through 10 and adding a new section designated sec. 3, following sec. 7, to read as follows:
“Sec. 3. NRS 202.3663 is hereby amended to read as follows:
202.3663 If an application for a permit is denied by a sheriff, the applicant who submitted the application may seek a judicial review of the denial by filing a petition in the district court for the county in which the applicant [resides.] filed his application for a permit. A judicial review conducted pursuant to this section must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.”.
Amend the title of the bill to read as follows:
“AN ACT relating to firearms; allowing a person who is not a resident of this state to obtain a permit to carry a concealed firearm in this state; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 39.
Bill read second time and ordered to third reading.
Senate Bill No. 62.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 149.
Amend section 1, page 1, by deleting lines 2 through 13 and inserting:
“574.060 1. A person [who keeps or uses, or is] shall not keep or use, or in any manner be connected with, or be interested in the management of, or [receives] receive money for the admission of any person to, a house, apartment, pit or place kept or used for baiting or fighting any bird or animal, [and any] or be an owner or occupant of a house, apartment, pit or place who willfully procures or permits the same to be used or occupied for such baiting or fighting . [, is guilty of a misdemeanor, but if a dog is used in such baiting or fighting the person is guilty of a gross misdemeanor.]
2. A person who violates any provision of subsection 1 is guilty of:
(a) For a first offense, a gross misdemeanor.
(b) For a second offense, a category E felony and shall be punished as provided in NRS 193.130.
(c) For a third or subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.
3. Upon complaint under oath or affirmation to any magistrate”.
Amend sec. 2, page 2, by deleting lines 2 through 19 and inserting:
“574.070 1. Except as otherwise provided in this section, a person [who sets on foot, instigates, promotes or carries on, or does] shall not set on foot, instigate, promote, carry on or do any act as an assistant, umpire or principal, or in any way [aids] aid in or [engages] engage in the furtherance of any fight between cocks or other birds, or bulls, bears or other animals in an exhibition or for amusement or gain, premeditated by a person owning or having custody of such birds or animals . [, is guilty of a gross misdemeanor, but if any dog is used in such a fight the person is guilty of a category D felony and shall be punished as provided in NRS 193.130. If a person who violates this section is not a natural person, he shall be punished by a fine of not more than $10,000.]
2. A person [who is a witness of] shall not witness any fight between cocks or other birds, or bulls, bears or other animals in an exhibition or for amusement or gain, which is premeditated by a person having custody of such birds or animals . [, is guilty of a misdemeanor.]
3. Except as otherwise provided in subsection 5, a person who violates any provision of subsection 1 is guilty of:
(a) For a first offense, a gross misdemeanor.
(b) For a second offense, a category E felony and shall be punished as provided in NRS 193.130.
(c) For a third or subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.
4. Except as otherwise provided in subsection 5, a person who violates any provision of subsection 2 is guilty of:
(a) For a first offense, a misdemeanor.
(b) For a second offense, a gross misdemeanor.
(c) For a third or subsequent offense, a category E felony and shall be punished as provided in NRS 193.130.
5. If a violation of subsection 1 or 2 involves a dog, a person who commits such a violation is guilty of:
(a) For a first offense, a category D felony and shall be punished as provided in NRS 193.130.
(b) For a second offense, a category C felony and shall be punished as provided in NRS 193.130.
(c) For a third or subsequent offense, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
6. If a person who violates this section is not a natural person, he shall be punished by a fine of not more than $10,000.
7. This section does not prohibit the use of dogs or birds for:”.
Amend sec. 3, pages 2 and 3, by deleting lines 37 through 48 on page 2 and lines 1 through 12 on page 3, and inserting:
“2. A person who violates subsection 1 [:
(a) For the first offense within the immediately preceding 7 years is guilty of 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 either 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) If no physical injury results to the animal, a misdemeanor.
(b) If physical injury results to the animal, but substantial bodily harm or death does not result to the animal, a gross misdemeanor.
(c) If substantial bodily harm or death results to the animal, a category C felony and shall be punished”.
Amend sec. 6, page 4, by deleting lines 24 through 31 and inserting:
“574.110 1. A person being the owner or possessor, or having charge or custody, of a maimed, diseased, disabled or infirm animal [, who abandons such] shall not abandon the animal or [leaves] leave it to die in a public street, road or public place, or [who allows] allow it to lie in a public street, road or public place for more than 3 hours after he receives notice that it is left disabled . [, is guilty of a misdemeanor.]
2. A person who violates subsection 1 is guilty of:
(a) If death does not result to the animal, a gross misdemeanor.
(b) If death results to the animal, a category E felony and shall be punished as provided in NRS 193.130.
3. Any agent or officer of any society for the prevention of cruelty to”.
Amend sec. 6, page 4, line 39, by deleting “3.” and inserting “[3.] 4.”.
Amend sec. 7, page 5, by deleting lines 2 through 7 and inserting:
“574.120 1. A person who [, having] has impounded or confined any animal [, refuses or neglects] shall not refuse or neglect to supply to [such] the animal during its confinement a sufficient supply of good and wholesome air, food, shelter and water . [is guilty of a misdemeanor.]
2. A person who violates subsection 1 is guilty of:
(a) If no physical injury results to the animal, a misdemeanor.
(b) If physical injury results to the animal, but substantial bodily harm or death does not result to the animal, a gross misdemeanor.
(c) If substantial bodily harm or death results to the animal, a category D felony and shall be punished as provided in NRS 193.130.
3. If any animal [shall be] is at any time impounded as provided in”.
Amend sec. 11, page 6, by deleting lines 4 through 8 and inserting:
“574.170 1. A person [who keeps] shall not keep a cow or any animal for the production of milk in a crowded or unhealthy place, or in a diseased condition, or [feeds] feed such a cow or animal upon any food that produces impure or unwholesome milk . [, is guilty of a misdemeanor.]
2. A person who violates subsection 1 is guilty of:
(a) For a first offense, a gross misdemeanor.
(b) For a second offense, a category D felony and shall be punished as provided in NRS 193.130.”.
Amend sec. 12, page 6, by deleting lines 10 through 13 and inserting:
“574.180 1. A person driving any vehicle upon any plank road, turnpike or public highway [, who unjustifiably runs] shall not unjustifiably run the horses drawing the same, or [causes or permits] cause or permit them to run . [, is guilty of a misdemeanor.]
2. A person who violates subsection 1 is guilty of:
(a) For a first offense, a misdemeanor.
(b) For a second offense, a gross misdemeanor.
(c) For a third or subsequent offense, a category E felony and shall be punished as provided in NRS 193.130.”.
Amend sec. 13, page 6, by deleting lines 15 through 19 and inserting:
“574.190 1. A person [who carries or causes] shall not carry or cause to be carried in or upon any vessel or vehicle or otherwise any animal in a cruel or [inhuman] inhumane manner, or so as to produce torture . [, is guilty of a misdemeanor.]
2. A person who violates subsection 1 is guilty of:
(a) If no physical injury results to the animal, a misdemeanor.
(b) If physical injury results to the animal, but substantial bodily harm or death does not result to the animal, a gross misdemeanor.
(c) If substantial bodily harm or death results to the animal, a category D felony and shall be punished as provided in NRS 193.130.”.
Amend the bill as a whole by renumbering sections 14 through 17 as sections 15 through 18 and adding a new section designated sec. 14, following sec. 13, to read as follows:
“Sec. 14. Chapter 176A of NRS is hereby amended by adding thereto a new section to read as follows:
1. As a condition of probation, the court may order a defendant who is convicted of a violation of chapter 574 of NRS that is punishable as a felony or gross misdemeanor to:
(a) Submit to a psychiatric evaluation; and
(b) Participate in any counseling or therapy recommended in the evaluation.
2. The court shall order a defendant, to the extent of his financial ability, to pay the cost for an evaluation and any counseling or therapy pursuant to this section.”.
Amend sec. 16, page 7, by deleting lines 5 and 6 and inserting:
“Sec. 17. 1. Except as otherwise provided in subsection 2, the amendatory provisions of this act do not apply to offenses committed before the effective date of this act.
2. The amendatory provisions of this act apply to offenses committed before the effective date of this act for the purpose of determining whether a person is subject to the provisions of paragraph (b) or (c) of subsection 2 of NRS 574.060, paragraph (b) or (c) of subsection 3 of NRS 574.070, paragraph (b) or (c) of subsection 4 of NRS 574.070, paragraph (b) or (c) of subsection 5 of NRS 574.070, paragraph (b) of subsection 2 of NRS 574.170, or paragraph (b) or (c) of subsection 2 of 574.180, as amended by this act.”.
Amend the title of the bill to read as follows:
“AN ACT relating to animals; increasing the penalties for certain mistreatment of animals; authorizing a court to require a defendant convicted of certain offenses involving the mistreatment of animals to submit to a psychiatric evaluation and to participate in counseling or therapy as a condition of probation; and providing other matters properly relating thereto.”.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 77.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 204.
Amend section 1, page 1, line 6, by deleting “reconstruction” and inserting: “reconstruction, maintenance, improvement and promotion”.
Amend section 1, page 2, line 2, by deleting “reconstruction” and inserting: “reconstruction, maintenance, improvement and promotion”.
Amend section 1, page 2, line 9, by deleting “reconstruction” and inserting: “reconstruction, maintenance, improvement and promotion”.
Amend section 1, page 2, line 12, by deleting “reconstruction” and inserting: “reconstruction, maintenance, improvement and promotion”.
Amend section 1, page 2, line 14, by deleting “reconstruction” and inserting: “reconstruction, maintenance, improvement and promotion”.
Amend section 1, page 2, line 16, by deleting : “motor vehicle privilege” and inserting “governmental services”.
Amend section 1, page 2, line 19, by deleting: “motor vehicle privilege” and inserting “governmental services”.
Amend section 1, page 2, line 21, by deleting “reconstruction” and inserting: “reconstruction, maintenance, improvement and promotion”.
Amend section 1, page 2, by deleting lines 26 through 30 and inserting: “subsection 4 to the treasurer with whom the Tricounty Railway Commission of Carson City and Lyon and Storey counties has entered into an agreement as required by subsection 2 of section 8 of chapter 566, Statutes of Nevada 1993, for deposit in the fund created pursuant to that section. The fees transmitted pursuant to this subsection must be used only for the reconstruction, maintenance, improvement and promotion of”.
Amend section 1, page 2, line 44, by deleting “reconstruction” and inserting: “reconstruction, maintenance, improvement and promotion”.
Amend section 1, page 3, line 6, by deleting “reconstruction” and inserting: “reconstruction, maintenance, improvement and promotion”.
Amend sec. 2, page 3, line 38, by deleting “vehicle privilege” and inserting “governmental services”.
Amend the bill as a whole by renumbering secs. 5 and 6 as secs. 6 and 7 and adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. Section 8 of chapter 566, Statutes of Nevada 1993, at page 2329, is hereby amended to read as follows:
Sec. 8. 1. The commission may enter into an agreement with the district attorney of Carson City or Lyon or Storey County, or any combination thereof, to provide legal services to the commission. The commission may authorize payment to the district attorney for the costs to the district attorney for providing such services.
2. The commission shall enter into an agreement with the treasurer of Carson City or Lyon or Storey County to create a fund for the commission and pay all claims against the fund that are properly approved by the commission. The commission may authorize payment to the treasurer for the costs to the treasurer for providing such services.
3. All money received by the commission must be deposited in the fund created pursuant to subsection 2. [The] Except as otherwise provided in section 1 of Senate Bill No. 77 of the 2001 legislative session, the money in the fund must be used only for the necessary expenses of the commission and the costs of the projects authorized by this act.”.
Amend the title of the bill by deleting the second through fifth lines and inserting: “support of the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad; providing for the issuance of souvenir license plates that indicate support for the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee Railroad; imposing a fee for the issuance or renewal of special license plates to finance the reconstruction, maintenance, improvement and promotion of the Virginia & Truckee”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for issuance of special license plates and souvenir license plates to support construction, maintenance, improvement and promotion of Virginia & Truckee Railroad. (BDR 43‑191)”.
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senator O'Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 115.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 118.
Amend section 1, page 1, by deleting lines 4 and 5 and inserting: “the school [,]or who sells or distributes any controlled substance [or is found in possession of a dangerous weapon,] whileon the premises of any public”.
Amend section 1, page 1, by deleting lines 14 through 16.
Amend section 1, page 1, line 18, after “firearm” by inserting: “or a dangerous weapon”.
Amend the title of the bill to read as follows:
“AN ACT relating to pupils; revising provisions governing the suspension and expulsion of pupils for possession of a dangerous weapon; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing suspension and expulsion of pupils. (BDR 34‑381)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 138.
Bill read second time and ordered to third reading.
Senate Bill No. 171.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 352.
Amend section 1, pages 2 and 3, by deleting lines 35 through 49 on page 2 and lines 1 through 17 on page 3, and inserting:
“(f) On the date that the petition was filed, the property line of the proposed establishment and the property line of any related parcel of land was not less than:
(1) [Five] Fifteen hundred feet from the property line of a developed residential district; and
(2) [Fifteen] Twenty-five hundred feet from the property line of a public school, private school or structure used primarily for religious services or worship; and
(g) The proposed establishment will not adversely affect:
(1) A developed residential district; or
(2) A public school, private school or structure used primarily for religious services, whose property line is within [2,500] 3,500 feet from the property line of the proposed establishment[.
7. A three-fourths vote of the governing body of the county, city or town is required to] and the property line of any related parcel of land.
7. To grant the petition to designate the location of the proposed establishment a gaming enterprise district pursuant to this section [.] , three‑fourths of the total membership of the governing body of the county, city or town must vote to grant the petition. Notwithstanding the provisions of subsection 4 of NRS 281.501, if any member of the governing body abstains from voting, the number of votes necessary to grant the petition is not reduced as though the member abstaining were not a member of the governing body.
8. A county, city or town that denies a petition submitted pursuant to this section shall not consider another petition concerning the same location or any portion thereof for 1 year after the date of the denial.
9. As used in this section:
(a) “Developed residential district” means a parcel of land zoned primarily for residential use in which at least one completed residential unit has been constructed on the date that the petitioner files a petition pursuant to this section.
(b) “Private school” has the meaning ascribed to it in NRS 394.103.
(c) “Public school” has the meaning ascribed to it in NRS 385.007.
(d) “Related parcel of land” means any parcel of land that is:
(1) Contiguous to the property line of a proposed establishment;
(2) Owned or leased by the petitioner or by any subsidiary company, holding company, intermediate company or any other form of business organization which controls, is controlled by or is under common control with the petitioner; and
(3) Expected to be used for any purpose directly related to the operation of the proposed establishment.”.
Amend sec. 2, page 3, line 20, by deleting “483.3086” and inserting “463.3086”.
Senator James moved the adoption of the amendment.
Remarks by Senators James and Care.
Conflict of interest declared by Senator Care.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 175.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 134.
Amend section 1, page 1, line 3, before “A” by inserting “1.”.
Amend section 1, page 1, by deleting lines 11 and 12 and inserting: “chapter 435 of NRS.
2. An organization or agency that wishes to submit a bid for such a contract must establish a fair-market price for those”.
Amend section 1, page 2, by deleting lines 1 and 2 and inserting: “survey and must include the survey with the bid submitted to the local government.”.
Amend sec. 2, page 2, by deleting line 4 and inserting:
“333.375 1. The provisions of NRS 331.100 notwithstanding, the [director] purchasing division”.
Amend sec. 2, page 2, by deleting lines 7 through 14 and inserting: “purpose is the training and employment of [handicapped persons. He shall establish by market survey] persons with a mental or physical disability, including, without limitation, a community-based training center for the care and training of mentally and functionally retarded persons described in chapter 435 of NRS.
2. An organization or agency that wishes to submit a bid for such a contract must establish a fair-market price for those services or commodities [.] by conducting a market survey and must include the survey with the bid submitted to the purchasing division.”.
Amend sec. 3, page 2, by deleting lines 17 through 21, and inserting:
“1. If the governor has created a committee on employment of persons with disabilities, the committee shall establish a program to encourage and facilitate purchases by agencies of commodities and services from organizations.
2. The program may include:”.
Amend sec. 3, page 2, line 22, by deleting “who” and inserting “that”.
Amend sec. 3, page 2, line 25, by deleting “who” and inserting “that”.
Amend sec. 3, page 2, by deleting lines 27 through 29.
Amend sec. 3, page 2, line 30, by deleting “(d)” and inserting “(c)”.
Amend sec. 3, page 2, by deleting lines 32 through 38 and inserting:
“(d) A method to review objections to an award of a contract to an organization, which method must be limited to a review of the process used for awarding the contract to ensure that the appropriate procedures were followed in awarding the contract;
(e) The establishment of a percentage, not to exceed 4 percent, of the full amount of payment to an organization which is awarded a contract for all commodities and services to be provided to the agency pursuant to the contract that is sufficient to pay the cost to the committee of establishing and administering the program; and
(f) A method for collecting information from an agency in a report to the committee, which report may include, without limitation:”.
Amend sec. 3, page 2, line 42, by deleting “effect.” and inserting: “effect and a list of the organizations with which the agency has entered such contracts.”.
Amend sec. 3, page 2, by deleting lines 44 and 45 and inserting: “persons with disabilities shall, upon request of an agency or organization, assist the agency or”.
Amend sec. 3, page 2, line 47, by deleting “services;” and inserting “services.”.
Amend sec. 3, page 3, by deleting lines 1 through 6.
Amend sec. 3, page 3, line 11, by deleting “(f)” and inserting “(e)”.
Amend the bill as a whole by deleting sections 4 through 13 and renumbering sec. 14 as sec. 4.
Amend the title of the bill by deleting the second through fourth lines and inserting: “competitive bidding process for purchasing by local governments; requiring the committee on employment of persons with disabilities, if created by the governor, to establish a program to encourage and facilitate the”.
Senator Schneider moved the adoption of the amendment.
Remarks by Senators Schneider and Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 191.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 75.
Amend section 1, page 1, by deleting lines 4 through 7 and inserting: “of a child who is or appears to be not more than 30 days old:
(a) When:
(1) The child is voluntarily delivered to the provider by a parent of the child; and
(2) The parent does not express an intent to return for the child; or
(b) When the child is delivered to the provider by another provider of emergency services pursuant to paragraph (b) of subsection 2.”.
Amend section 1, page 2, line 1, after “(a)” by inserting: “Whenever possible, inform the parent of the child that:
(1) By allowing the provider to take possession of the child, the parent is presumed to have abandoned the child;
(2) By failing or refusing to provide an address where he can be located, the parent waives any notice of the hearing to be conducted pursuant to NRS 432B.470; and
(3) Unless the parent contacts the local agency which provides protective services, action will be taken to terminate his parental rights regarding the child.
(b)”.
Amend section 1, page 2, line 2, after “child.” by inserting: “If the provider is a public fire-fighting agency or a law enforcement agency, the provider shall immediately cause the safe delivery of the child to a hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS.”.
Amend section 1, page 2, line 3, by deleting “(b)” and inserting “(c)”.
Amend section 1, page 2, line 6, by deleting “person” and inserting “parent”.
Amend section 1, page 2, by deleting lines 7 through 9 and inserting: “pursuant to paragraph (a) of subsection 1:
(a) Shall leave the child:
(1) In the physical possession of a person who the parent has reasonable cause to believe is an employee of the provider; or
(2) On the property of the provider in a manner and location that the parent has reasonable cause to believe will not threaten the physical health or safety of the child, and immediately contact the provider through the local emergency telephone number and inform the provider of the delivery and location of the child.”.
Amend section 1, page 2, line 15, by deleting “person” and inserting “parent”.
Amend sec. 2, page 2, line 27, by deleting “means:” and inserting: “means [:] , except as otherwise provided in subsection 2:”.
Amend sec. 2, page 2, by deleting lines 36 through 39 and inserting: “harmed or threatened for the sole reason that his [parent] :
(a) Parent delivers the child to a provider of emergency services pursuant to section 1 of this act, if the parent complies with the requirements of paragraph (a) of subsection 3 of that section; or
(b) Parent or guardian, in good faith, selects and depends upon”.
Amend sec. 3, page 3, line 25, by deleting “(a)” and inserting “(b)”.
Amend sec. 7, page 6, line 38, by deleting “Notice” and inserting: “[Notice] Except as otherwise provided in this subsection, notice”.
Amend sec. 7, page 6, line 41, by deleting “[or]” and inserting “or”.
Amend sec. 7, page 6, by deleting lines 44 through 49 and inserting: “the door of his residence.
If the child was delivered to a provider of emergency services pursuant to section 1 of this act and the location of the parent is unknown, the parent shall be deemed to have waived any notice of the hearing conducted pursuant to this section.”.
Amend sec. 8, page 7, by deleting lines 17 through 20 and inserting:
“4. If the [person] :
(a) Person summoned resides in this state, the summons must be served personally[. If the person] ;
(b) Person summoned cannot be found within this state or does not reside in this state, the summons must be mailed by registered or certified mail to his last known address[.] ; or
(c) Child was”.
Amend sec. 8, page 7, line 26, after “county.” by inserting: “The failure of the parent to appear in the action after the service of summons on the parent pursuant to this paragraph shall be deemed to constitute a waiver by the parent of any further notice of the proceedings that would otherwise be required pursuant to this chapter.”.
Amend sec. 12, page 10, by deleting lines 38 and 39 and inserting: “of emergency services pursuant to section 1 of this act and the parent has not appeared in the action, the report need not be sent to that parent.”.
Amend sec. 12, pages 10 and 11, by deleting lines 45 through 49 on page 10 and lines 1 through 10 on page 11, and inserting:
“4. [Notice] Except as otherwise provided in this subsection and paragraph (c) of subsection 4 of NRS 432B.520, notice of the hearing must be given by registered or certified mail to:
(a) All the parties to any of the prior proceedings; and
(b) Any persons planning to adopt the child, relatives of the child or providers of foster care who are currently providing care to the child . [, except] Notice of the hearing need not be given to a parent whose rights have been”.
Amend the bill as a whole by deleting sec. 13 and adding a new section designated sec. 13, following sec. 12, to read as follows:
“Sec. 13. NRS 128.097 is hereby amended to read as follows:
128.097 If a parent of a child [engages] :
1. Engages in conduct that violates any provision of NRS 200.465 [,] ; or
2. Voluntarily delivers a child to a provider of emergency services pursuant to section 1 of this act, the parent is presumed to have abandoned the child.”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 231.
Bill read second time and ordered to third reading.
Senate Bill No. 249.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 250.
Amend section 1, page 1, line 2, by deleting “$222,508” and inserting “$220,786”.
Amend section 1, page 1, line 3, by deleting the period and inserting: “and costs for information service .”.
Amend the title of the bill, second line, by deleting the semicolon and inserting: and costs for information services;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes supplemental appropriation to Secretary of State for unanticipated shortfall in money budgeted for salaries and costs for information services. (BDR S-1253)”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and 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. 176.
Amend sec. 2, page 2, line 7, by deleting “3” and inserting “2.5”.
Amend the bill as a whole by adding a new section designated sec. 2.5, following sec. 2, to read as follows:
“Sec. 2.5. “Annuity” includes an agreement for allocated funding, a structured settlement annuity and an immediate or deferred annuity.”.
Amend sec. 21, page 6, line 33, by deleting “subsection” and inserting: “[subsection] subsections 1 and 2”.
Amend sec. 22, page 7, line 33, by deleting “section” and inserting “chapter”.
Amend sec. 22, page 7, line 38, by deleting “subsection” and inserting: “[subsection] subsections 1 and 2”.
Amend sec. 22, page 7, by deleting lines 41 through 43 and inserting “this chapter.”.
Amend sec. 23, page 8, by deleting line 4 and inserting: “interest on which it is based [:], or the interest rate, crediting rate or similar factor determined by the use of an index or other external reference stated in the policy or contract employed in calculating returns or changes in value:”.
Amend sec. 23, page 9, after “(j)” by inserting: “A portion of a policy or contract to the extent that it provides for interest or other changes in value which are determined by the use of an index or other external reference stated in the policy or contract, but which have not been credited to the policy or contract, or as to which the rights of the owner of the policy or contract are subject to forfeiture, determined on the date the member insurer becomes an impaired or insolvent insurer, whichever occurs first. If the interest or changes in value of a policy or contract are credited less frequently than annually, for the purpose of determining the values that have been credited and are not subject to forfeiture, the interest or change in value determined by using procedures stated in the policy or contract must be credited as if the contractual date for crediting interest or changing values was the date of the impairment or insolvency of the insured member, whichever occurs first and is not subject to forfeiture.
(k)”.
Amend sec. 24, page 9, line 13, by deleting “3” and inserting “2.5”.
Amend the bill as a whole by adding a new section designated sec. 27.5, following sec. 27, to read as follows:
“Sec. 27.5. NRS 686C.110 is hereby amended to read as follows:
686C.110 “Premiums” means amounts received in any calendar year on covered policies or contracts less premiums, considerations and deposits returned thereon, and less dividends and credits for experience thereon. The term does not include [any] :
1. Any amounts received for policies or contracts or for the portions of policies or contracts for which coverage is not provided under NRS 686C.030 except that the assessable premium is not reduced on account of paragraph (c) of subsection 1 of NRS 686C.035 relating to limitations on interest and subsection 2 or paragraph (b) of subsection 1 of NRS 686C.210 relating to limitations with respect to any one life.
2. Premiums for an unallocated annuity contract.
3. Premiums that exceed $5,000,000 for several nongroup policies of life insurance owned by one owner, regardless of:
(a) Whether the owner is a natural person, firm, corporation or other person;
(b) Whether any person insured under the policies is an officer, manager, employee or other person; or
(c) The number of policies or contracts held by the owner.”.
Amend sec. 33, page 12, by deleting lines 14 through 16 and inserting: “impair the contractual obligations of the impaired insurer [,] and which are approved by the commissioner : [, and, except in cases of court-ordered conservation or rehabilitation, are approved by the impaired insurer:]”.
Amend the bill as a whole by adding a new section designated sec. 56.5, following sec. 56, to read as follows:
“Sec. 56.5. The amendatory provisions of this act:
1. Apply to the powers and duties of the Nevada Life and Health Insurance Guaranty Association relating to any member insurer that becomes an impaired or insolvent insurer on or after January 1, 2002;
2. Do not require the Nevada Life and Health Insurance Guaranty Association to recalculate the assessment bases for any year before January 1, 2002, and any assessments based on any such year must be authorized on the basis of the premium data previously collected from or reported by member insurers relating to those years; and
3. Must not be construed to affect any interpretation of any provision of chapter 686C of NRS that was in effect before January 1, 2002.”.
Amend the bill as a whole by adding a new section designated sec. 58, following sec. 57, to read as follows:
“Sec. 58. This act becomes effective on January 1, 2002.”.
Senator Schneider moved the adoption of the amendment.
Remarks by Senator Schneider.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 254.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 261.
Amend the bill as a whole by deleting sections 1 through 35 and the leadlines of repealed sections and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. 1. Notwithstanding the provisions of any law, rule of court or order issued by a court of competent jurisdiction, a moratorium on the execution of all sentences of death is hereby established until July 1, 2003, and the sentence of any person sentenced to death before, on or after the effective date of this act must not be executed until July 1, 2003.
2. Notwithstanding the provisions of any law, rule of court or order issued by a court of competent jurisdiction:
(a) If , before the effective date of this act, a court has issued a warrant of execution of a sentence of death that appoints a week within which the judgment of death is to be executed which is before July 1, 2003, the court shall, not later than 60 days after the effective date of this act, issue a new warrant of execution of the sentence of death appointing a week within which the judgment of death is to be executed which is on or after July 1, 2003.
(b) On or after the effective date of this act, a court shall not issue a warrant of execution of a sentence of death that appoints a week within which the judgment of death is to be executed which is before July 1, 2003.
3. The provisions of this section must not be construed to:
(a) Affect any procedures regarding charging, prosecution or sentencing with respect to any offense committed before, on or after the effective date of this act;
(b) Prevent any person from being sentenced to death before, on or after the effective date of this act;
(c) Constitute the granting of a commutation or pardon to a person sentenced to death before, on or after the effective date of this act;
(d) Alter or amend the sentence of any person sentenced to death before, on or after the effective date of this act; or
(e) Affect any appeal, petition for a writ of habeas corpus or other request for judicial relief filed before, on or after the effective date of this act.
Sec. 2. 1. Except as otherwise provided in this subsection, the Legislative Commission shall direct a legislative committee established by statute to conduct a study of issues regarding the death penalty. If the study of issues regarding the death penalty is a subject that is not appropriately within the jurisdiction of any such legislative committee, the Legislative Commission shall appoint a committee to conduct an interim study of issues regarding the death penalty.
2. The study must include, without limitation, consideration of the following issues regarding the death penalty:
(a) The impact of race, color, religion, national origin, sexual orientation, economic status or geographic location of defendants in capital cases with respect to decisions concerning charging, prosecuting and sentencing.
(b) Whether defendants who are under 18 years of age or mentally retarded at the time of committing an offense should be sentenced to death.
(c) The competency of counsel to defendants in capital cases.
(d) The adequacy of resources provided to defendants in capital cases.
(e) Whether jurors have a proper and adequate understanding of the application of the law and of jury instructions in capital cases.
(f) Whether capital punishment serves as an effective deterrent against the commission of murder.
(g) The costs in Nevada of prosecuting capital cases and incarcerating a person under the death penalty versus the cost of prosecuting a noncapital case and sentencing a person for life without the possibility of parole.
(h) The number of defendants actually executed compared with the number of those who were sentenced to death.
(i) With respect to DNA testing:
(1) The availability, cost and extent of its use, both in Nevada and in the rest of the country.
(2) Current policies regarding the use of DNA testing in Nevada compared with policies in the remainder of the states.
(3) The manner for storing and using such DNA information.
(4) Post-conviction DNA testing, criteria for requests by prisoners and procedures for handling those requests.
(5) Any Fifth Amendment or other constitutional issues related to the use of DNA evidence in capital cases.
(j) The need for any appropriate legislation or adoption of court rules which would contribute or assist in ensuring that the death penalty is administered fairly and impartially and in accordance with all applicable constitutional provisions and that persons who are innocent are not sentenced to death or executed.
3. A report of the results of the study and any recommendations for legislation must be submitted to the 72nd session of the Nevada Legislature.
Sec. 3. This act becomes effective upon passage and approval and expires by limitation on July 1, 2003.”.
Amend the title of the bill to read as follows:
“AN ACT relating to capital punishment; establishing a moratorium on the execution of sentences of death until July 1, 2003; providing for a study of issues regarding the death penalty; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY––Establishes moratorium on execution of sentences of death until July 1, 2003, and provides for study of issues regarding death penalty. (BDR S‑871)”.
Senator James moved the adoption of the amendment.
Remarks by Senators James, Neal, McGinness, Titus, Care, Washington, Coffin, Raggio and Amodei.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator James:
The amendment replaces the bill. Let me explain what we have proposed in the Judiciary Committee on this measure. This measure would have abolished the death penalty in Nevada if it passed. We considered this proposal and amendment, seriously, as a committee, in the spirit in which it was proposed, to confront two types of questions that are posed as to whether or not we should have a death penalty in Nevada.
The first is the moral question, and that is the ultimate question, whether in our hearts as Legislators, who, ultimately, are the ones who decide this issue, we think we should have a death penalty in Nevada.
The second set of questions address: if we are going to have a death penalty, is it a fair one; is it administered fairly; is the system, by which someone has arrived at that point in their life where they are facing the death penalty, is it fair in every respect, free from any reasonable doubt as to an error in the process and fundamentally just. It is this second set of questions that are addressed by this amendment.
The committee spent time studying this issue. We spent about two hours and forty-five minutes in the longest hearing we have had this session on one single bill. We heard both sides of this issue and heard the evidence presented. This amendment comes from the Judiciary Committee, though not with a unanimous vote, but it does come out of the Judiciary Committee with its approval. It puts aside the moral question and addresses the second set of questions as to whether this penalty, in its administration in the State of Nevada, is fair and just. What the amendment says is, “We don’t know.” It says there are a number of questions raised by the Senator who proposed this legislation. There were a number of questions that were raised by witnesses who came before the committee as to whether or not this penalty is fair, unbiased and just as it is meted out in Nevada. What we propose with this amendment is to study this penalty.
Someone told me, one time, that everything we do in the Legislature is about money. For a week or so after I heard that, I believed them. I was thinking about it and thought, “Yes, everything does relate to money.” But when I confronted this issue, Mr. President pro Tempore, I realized that everything we do is not about money. In fact, what the Judiciary Committee does, often, is not about money. In the Declaration of Independence and in the Constitution, it talks about the rights of life and liberty, and it puts the highest standards of due process upon taking away liberty. What we do when we give someone a criminal punishment for a crime is that we take away the most valued of human rights enshrined in every religious faith and also in our own secular Constitution. That is the gravest function that we have in the Legislature—when we decide upon the processes by which we take away someone’s liberty for a crime. As I have told you many times as I have stood on this floor since you appointed me chairman of this committee, I am proud of what we have done in Nevada. I am proud of the criminal punishments we have. We have the harshest, toughest criminal punishments of any state. I am very proud of those. I am proud of the due process, the criminal procedure by which we arrive at those punishments. I have been confident to stand up here on this floor—with new crimes, with the truth in sentencing bill, with enhanced penalties for crimes—to say these are fair punishments and the process by which we arrive at them is also fair.
The only thing more cherished than liberty, is life itself. When we take away life, then we have to be certain that process, by which we arrive at that decision, is also fair. That is what this bill addresses as it would be amended. We listened to evidence that there is a racial bias in the meting out of the death penalty in Nevada, that it is subject to a socioeconomic bias, that the jury instructions given in these cases in order to instruct a jury of the limited circumstances under which they can issue a death penalty are confusing to the juries, and that they, sometimes, do not understand them. After the Supreme Court made the death penalty unconstitutional in 1977, it was re-enacted in Nevada in 1979 and in many other states—35, I believe. States were required to put into the statutes a fairly complicated process of evaluating aggravating factors against any one of a series of mitigating factors when a jury determines whether the death penalty is appropriate. Without such a determination, a jury cannot impose the death penalty. We heard substantial testimony that the application of these aggravating and mitigating factors is difficult and confusing for juries and that they are inconsistently applied. We heard testimony that the death penalty should not be given to those who are mentally ill or to youthful offenders under the age of 18 or some other age. We don’t know what age we should decide on. In that context, we had a question about the definition of what is mentally ill. That is a question that confronts our State currently. We have evidence that new and emerging technologies in the criminal justice system concerning DNA evidence and the use of DNA evidence has not been fully brought to fruition in our criminal procedures and that further study is needed to ensure that these tests, if available, are used properly to determine guilt or innocence. We did hear about money. We heard it is much more expensive to carry out the death penalty, on the one hand, but then people told us, “No, it’s not more expensive to carry out the death penalty if you do it right.” We heard substantial testimony about the effectiveness of counsel in death penalty cases. The defendants are often indigent, and their counsel is appointed. Their counsel, often, do not have much criminal procedure experience or criminal defense experience and sometimes the quality of litigation, in these cases where the stakes are so high, is bad. We heard about the fact that the Ninth Circuit Court often reverses Nevada death penalty cases. There are judges in the Ninth Circuit Court who say, “I am never going to vote for the death penalty because I am morally against it.” But there are also those on the Ninth Circuit who are more intellectually honest and who look at the facts of the case. What we are hearing in the Judiciary Committee is that there is ample justification on these records for reversals based upon whether or not the counsel was effective in assuring whether guilt or innocence was tried fairly and fully. Finally, we heard arguments as to whether the death penalty is truly a deterrent to crime. We don’t know the answer to that question and further inquiry is warranted.
This amendment is not against the death penalty. Those who vote for this amendment do not have to stand up and say they voted against the death penalty. They have to stand up and say, that with respect to everything I just said about what a grave, difficult and irreversible decision this is, we are certain the processes in Nevada are fair, just and unbiased, and they have received the requisite analysis and careful attention they deserve. As time marches on, things change and new technologies emerge in the criminal justice system. While we are doing this study that we must do and which, I think, will be unanimous in this room that we should do the study, the amendment says we will maintain the status quo. The Governor, in the paper this morning, said, “I do not want to sign death warrants on one day and then, on the next day, sign a bill that says we have to study this because there are a lot of problems that have been raised.” That is probably the best way to put this. We won't lose anything if we, ultimately, as a Legislature, decided that we want the death penalty to remain in Nevada that it is effective, fair and just. The amendment provides that all death warrants that have been signed and those that might be signed during the two-year study period would be carried out after July 1, 2003. Unless we do something else, affirmatively, the bill has a self-sunsetting moratorium. We would maintain the status quo, and those people who have been sentenced to death will continue to dwell in their 6x8 cells with an hour of exercise a day waiting for us to finish the study and come back to the Legislature to report on all of the issues that have been raised. I urge the Senators to support this amendment, to support the moratorium, and to take the careful, judicious approach to this issue. Then, we can all be certain that if we do keep a death penalty in Nevada, in the future, we are carrying out these sentences under the proper auspices of a fair and unbiased procedure.
Senator Neal:
I applaud Senator James’ comments and his courage in bringing forth this amendment to this bill. As the prime sponsor of the original bill, I have had conversations with the joint sponsors, and we all agree with the amendment that he has proposed today. It would be illogical in my view to continue to execute someone when we are studying this particular penalty. During my tenure at the Legislature, we have examined and re-examined many of our criminal penalties in this State. This one we have not. I am glad to see that the time has come. I hope the Senators will support this particular study which contains this moratorium for a short period of time, and as the Senator said, we will not lose anything. I would also like to say to the Senators, I was visited this morning by five students from the UNR (University of Nevada, Reno) campus. Tiffany Dibble, Alden Collier, Jonathan McCaleb, Vanessa Brown and Kendall Stagg brought in over 500 signatures collected a few days ago supporting this moratorium. I would like their names entered into the Journal supporting this moratorium and bringing in these signed letters.
Senator McGinness:
Thank you, Mr. President pro Tempore. I want to advise the body I will be supporting this measure as I did in the Judiciary Committee. I did so with reservations. I am not in support of the moratorium. The good Senator from Sparks and I have asked for an amendment. It will propose to remove the moratorium from this bill if it is amended today, if that will help anyone with his or her vote.
Senator Titus:
I rise in support of this amendment because I do believe in the death penalty; but on the day of reckoning, I want to be able to say that I did everything in my power to ensure that no innocent person was executed.
Senator Care:
Thank you, Mr. President pro Tempore. Even the most noble of people can disagree on this issue and for the noblest reasons. I support the death penalty. I think the kindest gesture this country can make to Timothy McVeigh is to grant him his wish next month to depart this world. However, I do support the moratorium. I did not at first. The chairman says the moratorium removes the moral issue; I do not think it does. I think it merely suspends it. I cannot stand here, today, and say that I am convinced the death penalty has been administered fairly or justly in all cases. I do not know; I do want to know. It is for that reason I will support the moratorium. My underlying view on the underlying issue is unaltered.
Senator Washington:
It is very difficult to stand here this morning after having worked with the chair of the Judiciary Committee. We have worked on a lot of great issues in the past couple of sessions dealing with truth in sentencing, making sure that the victim’s rights are taken care of and a number of other issues dealing with criminal matters. It has been with great pride that I have had the opportunity to serve on this committee and watch him work, watch his tutelage and watch his leadership, but this is one issue that, Mr. President pro Tempore, I have to stand up against.
Not only am I against the moratorium, but also I am definitely in favor of the death penalty. Therefore, I am against the bill as a whole. We are sending the wrong message to our community when we say that we want to put the moratorium on the death penalty. I support the study. If there are inadequacies in the death penalty, let us deal with them. But for those victims that have suffered lost loved ones and have grieved in the heart and have suffered much pain, this is the message that we are sending to them that maybe there is a fallacy in our process and in the system as a whole. While individuals derive the system, it is derived by people and people are not perfect.
We make mistakes, we make bad judgments, we make errors in our decisions, but nonetheless when a person goes out and plans, executes and commits a crime, a crime of murder in the first degree, they are tried by a jury of their peers based on the facts. Their peers have found them guilty, and the sentence is death. Then, I think the sentence should be carried out. I understand the racial biases. I understand the complications with those who are mentally ill. I understand those who are youth offenders, but it still does not set well with society, doesn’t set well with our community nor with the victims that have lost loved ones from heinous crimes that have been perpetrated against their families.
Personally, Mr. President pro Tempore, we are sending the wrong message when we tell our community, when we tell this State and we tell the District Attorneys who are prosecuting these felons, that we are going to put a moratorium on the death penalty until we study this issue. Study the issue . . . fine. But let’s do away with the moratorium. Let’s make sure that we are standing up for the rights of those people who might not be able to come to these halls. They may not be able to voice their feelings, may not be able to voice their hurts and their pains. They come to the hearings but they won’t come to Chambers, and they won’t be able to say when my loved one, my child, my daughter, my son, who was executed, who was shot, who was hammered, who was sawed, they can’t voice that opinion here. They can voice it in the court room and watch the felon executed that has done this crime to their family.
I think the death penalty does provide a deterrent. It says to those who are about to commit these crimes, “Think about what you are about to do because there is a just punishment." I, being a man of the cloth have to answer to my own maker. I know the scriptures as well as anyone in here. I am a firm believer in the whole Book and the whole Book says “An eye for an eye and a tooth for a tooth.” The Book says, “Thou shall not kill.” If you kill with pretense with the idea with pre-meditated murder then your life should be required of you. Yes, I can forgive. Yes, I can learn how to forget. Yes, I can deal with the moral aspect of it, but the moral aspect of it says, “Life should be reverenced and anyone who takes another man’s life without just cause, their life should be required of them.” Therefore, I am against the amendment, and I am against the bill. I will vote against both of them.
Senator Coffin:
I stand before you as a man who was nearly beaten to death 38 years ago, November, 1963, by a man who subsequently committed two, if not more, murders that we know of for which he has been convicted. He is one of our more notorious murderers, Patrick McKenna, who sits on death row today. He has been there for many years.
I, in my heart, have felt vengeance ever since I could recognize and knew who had committed this crime against me. I was only able to identify one of the gang, and he went to jail. Mr. Clark, Mr. Crapsey, Mr. McKenna, Mr. Pacheco and one other of the five worked me over pretty good and nearly killed me, and in fact, one of our top prosecutors in southern Nevada, Mr. Koot, saw me that evening and recognized that I might not have survived, given another thirty seconds in their hands, if the police hadn’t come. I have had vengeance in my heart for 38 years and have felt that justice would be served; that my feelings would be assuaged by the death of Patrick McKenna. I feel good that he is in prison. On the other hand, I am going to vote for this bill including the moratorium, not because I think that it is a move to help Mr. McKenna, because I know he is guilty of other criminal acts, but to, possibly, find out if we have men and women on our death row who may be innocent, because as it turns out every now and then an innocent person is killed by the State. We all feel bad when that happens. We, frequently, don’t even know until after the execution happened. I can tell you that feeling doesn’t change me. I feel vengeance, and if you want to quote the Bible, men of the cloth frequently do that, they say, “Vengeance belongs to the Lord not to us.” I have chastised myself for my own hateful feelings about this gentleman, whose death will probably occur sometime in the future. I deeply feel the results of the attack and near death. That has happened to another member of my family as well, and yet, I will support this in order that truth might come out. I appreciate the attention of the floor.
Senator Raggio:
I applaud the Judiciary Committee in devoting the time and attention to this measure. Obviously, the initial bill does not reflect the feelings of the majority of our citizens of our State. The majority of the citizens of this State have consistently, over decades, supported the retention of the death penalty in certain cases. Too many people argue when they discuss this issue that it is never appropriate. As an individual who devoted 18 years of his life to prosecution of criminal cases, I can tell you that that attitude is not warranted. One only has to have served in that position, or in law enforcement, or be a relative of a victim or a friend of a victim of a heinous offense, a heinous homicide, to know that there is another side to this issue.
Not all people who commit homicide should be sentenced to death. But there are some cases where it is such a brutal and offensive matter, where it is so flagrant and violent that it is repulsive to society. In those cases, that individual who perpetrated the offense, in my opinion, forfeits the right to live among society. That is a small percentage of perpetrators of homicide, but that is what occurs. Some of us have indicated in far better language than I can, the feelings and the life–long scars that are left as a result of these situations. I could never support the abolition of the death penalty.
Let me also say that in those years I served as a prosecutor, and from that time forward, and going back to the history as I know it, there has never been a case, to my knowledge, in the State of Nevada where some innocent person has ever been put to death. I do not think anyone has come up with that case. There are certainly cases where convictions have been reversed, but they have been reversed on legal grounds and our process is adequate to deal with that situation. We have, today, on death row, people who were convicted of murder and sentenced to death who have been there for over 20 years. They are there because the system does work. The system protects those situations where there are technical violations, where there are legal issues that have been reviewed, and the case has been sent back for some other consideration. I am going to support this amendment, today, because I oppose the original bill and because I certainly agree that a study is desirable, but I want to make clear that this amendment says, “The Legislative Commission shall appoint a committee.” There are committees, and there are committees. There is nothing in this amendment that indicates how fair this committee study will be.
There are a lot of people, a lot of issues that are involved. There are a lot of attitudes and a lot of beliefs on this subject. I have heard them for decade upon decade, upon decade. There are those on either side of this issue—call it a moral issue, call it a legal issue, call it an approach to sentencing—who will never be convinced regardless of what studies you have. I would hope there would be some assurance that a study will cover and include all of those who have different interests on this. In my situation, I hear the argument all the time that capital punishment does not deter murder. I can tell you that it does not in most cases, but without taking the time of the Senate, I can tell you of three personal instances as a prosecutor where I know that someone didn’t commit a murder because they feared the death penalty. They didn’t fear living in prison, but they feared the death penalty. Three cases in which I was personally involved where the defendant, the perpetrator, said, “I would have killed that guy; I would have killed that druggist; I would have killed that deputy sheriff, but I didn’t want to go to the gas chamber.” In those days, we had a gas chamber. I can tell you it is a deterrent in some cases. I have been a witness to those who have committed murder, have been sentenced to death and then have been given a reprieve and have gone out and killed someone else. I am refuting the argument that many present that this is never a deterrent to murder. It isn’t always, but it is in some cases.
My fear on this moratorium is that it will be misperceived and misinterpreted. Obviously, there has been a consistent movement where the voices have become more vocal about doing away with the death penalty. I am afraid that this will be construed as just that, the first step to doing away with the death penalty. I see no reason why the study can’t continue. The study can happen. Those who are under a death penalty sentence at this time still have the same rights available to them through appeal, through the legal process. We have both state and federal remedies that keep people in jail and in prison for 20 years or more for this same reason.
I do not see anyone standing outside of the Indiana Federal Prison where Timothy McVeigh is held, today, asking for a moratorium for his sentence. Yet, we are here, today, suggesting a moratorium for everyone else. I think the study should continue. I am going to support this but, when the amendment comes to do away with the moratorium, I am going to support the amendment. As one who has had a great deal of experience in this, I believe that we otherwise send the wrong message. It does not express the belief of the majority of the people in this State, and it will be perceived as a softening, or the first step, toward doing away with capital punishment in this State.
Senator James:
Thank you, I wanted to point out a couple of things. First of all, the Judiciary Committee has not presented the arguments for and against the death penalty. We have presented the evidence, in summary form, that there may be problems with its administration. In fact, there are problems with its administration in Nevada. We haven’t recommended to abolish it. Secondly, for those who are concerned about the victims of crime, no committee, on either side of this issue before you with the amendment today, has been more concerned and involved with the issues of the victims of crime. They do have a voice. They have had a voice through this committee ever since I have been on it. We have gotten to know them intimately. We have gotten to know the victims of these heinous crimes. We have heard them described in committee, and we have brought to the floor bills such as the one that makes, in Nevada, “life without the possibility of parole” truly without the possibility of parole. We have heard those voices. We haven’t made the arguments about deterrents. We haven’t made the arguments about propriety of this from a moral standpoint. Those are questions that will probably have to be answered at some point in the future, but this just says we need to keep the status quo. We need to impose a moratorium.
I am not concerned about perceptions. I do not think perceptions are important. People might perceive all kinds of things out of this discussion. And they can perceive all kinds of things out of what we do up here. What we try to do is the right thing. The right thing, if we are going to look at a series of difficulties, a series of problems and potential injustices in the death penalty, is to not carry out the death penalty under that regime until we have the report back. Let me point out to the Senate, we have 92 people on death row. Their sentences date back to the 1970’s. Mr. McKenna was sentenced in 1980. We have carried out eight executions in Nevada since we reenacted the death penalty in 1979. We carried out the first one in 1979, and then had a five-year moratorium from 1980 to 1984. Then we carried out one execution and had a three-year moratorium from 1980 to 1988. In 1989, we carried out two, then had another five-year moratorium from 1991 to 1995. We then carried out one execution and had a one-year moratorium. We had an execution in 1998 and one in 1999 and are now in the second year of a two-year moratorium on the death penalty, not imposed by the Legislature but by the processes by which this penalty proceeds to execution.
What we are doing here is perceived, maybe, as earth shaking, but we have already had two five-year moratoriums since we enacted the death penalty. We are asking to keep the status quo until the next legislative session convenes. I suppose, if we do not want to wait, we can pass a bill through at the beginning of the next legislative session to get rid of the sunset, to get rid of the moratorium after the study is done. All I am asking is that we hold the status quo, do this comprehensive study, ensure it is a fair study and then make a decision, one way or another, after we have all the facts in front of us. The study is set up so that a jurisdictional committee, I had the Criminal Justice Committee that is established by Senate Bill No. 26 in mind, could carry out the study. The provisions for appointment are that the Majority Leader of this House appoints the majority members from the Senate and the Speaker does the same for the other House. A bi-partisan committee is appointed by leadership, and there should be the requisite safeguards for fairness and an unbiased approach. There are politics on every issue, but I can assure you that there will be people concerned on both sides of this just as there were in the committee. Bill Koot came and testified against the death penalty abolishment bill. On the other side, we had Michael Pashetta who has litigated more of these cases on the defense side than any one, and he testified. He will participate. This committee will hear both sides of this issue and be able to report back with a fair study. I know the assistant majority leader had requested that this be a fair study if there was going to be a study as well, and I would like to assure him of that. I would like to put the perceptions aside. I hope that those who embrace the amendments, today, will not embrace removing the moratorium on Monday. A moratorium would be a consistent position.
Senator Amodei:
Thank you, Mr. President pro Tempore. I want to support my colleague from North Las Vegas who brought forward this issue. I think it is a legitimate issue and one that needs to be studied. I support the amendment. I support the safeguards that are in it that do not affect any of the existing sentences or anything else like that.
I do have to oppose the amendment. I think there is one small area that has been over looked, and we have to keep our message consistent.
You have heard some colleagues mention the situation in Oklahoma City, and you have heard a chronology of when a death penalty has been carried out. Several of those instances in this State were by request. I would submit to you that it would be a very bad day, indeed, without an exception to this moratorium, for those who legitimately request that their capital conviction punishments be carried out during this proposed period. What if we were to wake up and the paper read, “Legitimized Request Refused or Held in Abeyance Due to Legislatively Imposed Moratorium.” Nobody is outside the institution in Peoria, Illinois, as someone has previously pointed out. As we have seen in the past in this State when we actually do carry out capital punishment, it is pursuant to a legitimate and reviewed request. I would hate to think that we would have to hold that request in abeyance as a result of something we did here today. Perhaps that issue can be worked out in the context of what is coming Monday, but until it is, I would hope that we would not have to face that issue in the coming 24 months.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 258.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 218.
Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 9, following the enacting clause, to read as follows:
“Section 1. NRS 202.2491 is hereby amended to read as follows:
202.2491 1. Except as otherwise provided in [subsections 5 and 6] this section and NRS 202.24915, the smoking of tobacco in any form is prohibited if done in or on any:
(a) Public elevator.
(b) Public building.
(c) [Public waiting room, lobby or hallway of any:
(1)] Medical facility or facility for the dependent as defined in chapter 449 of NRS . [; or
(2)] (d) Office of any chiropractor, dentist, physical therapist, physician, podiatric physician, psychologist, optician, optometrist, doctor of Oriental medicine or doctor of acupuncture.
[(d)] (e) Hotel or motel when so designated by the operator thereof.
[(e)] (f) Public area of a store principally devoted to the sale of food for human consumption off the premises.
[(f)] (g) Child care facility.
[(g)] (h) Bus used by the general public, other than a chartered bus, or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.
[(h)] (i) School bus.
(j) Property of a public school.
2. The person in control of a public building:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) Shall designate a separate area which may be used for smoking.
3. The person in control of an area listed in paragraph (c), (d), (e), (f) , [or] (g) or (h) of subsection 1:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) May designate separate rooms or portions of the area which may be used for smoking, except for a room or portion of the area of a store described in paragraph [(e)] (f) of subsection 1 if the room or portion of the area:
(1) Is leased to or operated by a person licensed pursuant to NRS 463.160; and
(2) Does not otherwise qualify for an exemption set forth in NRS 202.24915.
[3.] 4. The person in control of [a public building:] the property of a public school:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) Shall, except as otherwise provided in this subsection, designate a separate area which may be used for smoking.
A school district which prohibits the use of tobacco by pupils need not designate an area which may be used by the pupils to smoke.
[4.] 5. The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.
[5.] 6. A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.
[6.] 7. The smoking of tobacco is not prohibited in:
(a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 , paragraph (b) of subsection 3 or paragraph (b) of subsection [3.] 4.
(b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.
[7.] 8. The person in control of a child care facility shall not allow children in any room or area he designates for smoking pursuant to paragraph (b) of subsection [2.] 3. Any such room or area must be sufficiently separate or ventilated so that there are no irritating or toxic effects of smoke in the other areas of the facility.
[8.] 9. As used in this section:
(a) “Child care facility” [means an establishment licensed pursuant to chapter 432A of NRS to provide care for 13 or more children.] has the meaning ascribed to it in NRS 432A.024.
(b) “Licensed gaming establishment” has the meaning ascribed to it in NRS 463.0169.
(c) “Public building” means any building or office space , other than the property of a public school, owned or occupied by:
(1) Any component of the University and Community College System of Nevada and used for any purpose related to the system.
(2) The State of Nevada and used for any public purpose, other than that used by the department of prisons to house or provide other services to offenders.
(3) Any county, city[, school district] or other political subdivision of the state and used for any public purpose.
If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.
(d) “Public school” has the meaning ascribed to it in NRS 385.007.
(e) “School bus” has the meaning ascribed to it in NRS 483.160.
Sec. 2. NRS 202.2494 is hereby amended to read as follows:
202.2494 1. A cigarette vending machine must not be placed in a public area described in paragraph (a), (c), [(e),] (d), (f), (g) , [or] (h) or (j) of subsection 1 of NRS 202.2491, if minors are permitted access to that area.
2. A coin-operated vending machine containing cigarettes must not be used to dispense any product not made from tobacco.
Sec. 3. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person shall not advertise cigarettes, tobacco of any description or products made from tobacco:
(a) On the grounds of a public school;
(b) At an activity sponsored by a public school; or
(c) In any written material that is published by a public school.
2. A person who violates any provision of this section is guilty of a misdemeanor.
Sec. 4. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person shall not advertise cigarettes, tobacco of any description or products made from tobacco:
(a) On the grounds of a private school;
(b) At an activity sponsored by a private school; or
(c) In any written material that is published by a private school.
2. A person who violates any provision of this section is guilty of a misdemeanor.
Sec. 5. NRS 396.930 is hereby amended to read as follows:
396.930 1. Except as otherwise provided in subsections 2 and 3, a student may apply to the board of regents for a millennium scholarship if he:
(a) Has been a resident of this state for at least 2 years before he applies for the scholarship;
(b) Graduated from a public or private high school in this state:
(1) After May 1, 2000; and
(2) Not more than 8 years before he applies for the scholarship;
(c) Maintained at least a 3.0 grade-point average on a 4.0 grading scale in high school in the core curriculum, as determined by the board of regents pursuant to subsection 2; [and]
(d) Is enrolled in at least 12 semester credit hours in a university or at least 6 semester credit hours in a community college [.] ; and
(e) Signs a written promise to refrain from using cigarettes, tobacco of any description and products made from tobacco while he is receiving a millennium scholarship.
2. The board of regents shall:
(a) Define the core curriculum that a student must complete in high school to be eligible for a millennium scholarship.
(b) Develop a plan to ensure that needy students and students from families that otherwise could not afford to send their children to college receive millennium scholarships.
3. For students who did not graduate from a public or private high school in this state and who have been residents of this state for at least 2 years, the board of regents shall establish:
(a) The minimum score on a standardized test that such students must receive; or
(b) Other criteria that students must meet,
to be eligible for millennium scholarships.
4. In awarding scholarships, the board of regents shall enhance its outreach to students who:
(a) Are pursuing a career in education or health care;
(b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to a university or community college; or
(c) Substantially participated in an anti-smoking, anti-drug or anti-alcohol program during high school.
Sec. 6. Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:
A certificate holder shall display on each of his taxicabs a notice indicating whether smoking is permitted in the taxicab. The notice must be permanently affixed:
1. On the outside of both front doors in bold block letters which are of a color which contrasts with the color of the taxicab and which are not less than three-fourths of an inch in height; and
2. Inside the taxicab so as to be visible and easily seen by passengers.
Sec. 7. NRS 706.881 is hereby amended to read as follows:
706.881 1. NRS 706.8811 to 706.885, inclusive, and section 6 of this act apply to any county:
(a) Whose population is 400,000 or more; or
(b) For whom regulation by the taxicab authority is not required if its board of county commissioners has enacted an ordinance approving the inclusion of the county within the jurisdiction of the taxicab authority.
2. Upon receipt of a certified copy of such an ordinance from a county for whom regulation by the taxicab authority is not required, the taxicab authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, and section 6 of this act within that county.
3. Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the transportation services authority do not apply.
Sec. 8. NRS 706.885 is hereby amended to read as follows:
706.885 1. Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the taxicab authority or the administrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, or section 6 of this act is guilty of a misdemeanor.
2. The taxicab authority or administrator may at any time, for good cause shown and upon at least 5 days’ notice to the grantee of any certificate or driver’s permit, and after a hearing unless waived by the grantee, penalize the grantee of a certificate to a maximum amount of $15,000 or penalize the grantee of a driver’s permit to a maximum amount of $500 or suspend or revoke the certificate or driver’s permit granted by it or him, respectively, for:
(a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, or section 6 of this act or any regulation of the taxicab authority or administrator.
(b) Knowingly permitting or requiring any employee to violate any provision of NRS 706.881 to 706.885, inclusive, or any regulation of the taxicab authority or administrator.
If a penalty is imposed on the grantee of a certificate pursuant to this section, the taxicab authority or administrator may require the grantee to pay the costs of the proceeding, including investigative costs and attorney’s fees.
3. When a driver or certificate holder fails to appear at the time and place stated in the notice for the hearing, the administrator shall enter a finding of default. Upon a finding of default, the administrator may suspend or revoke the license, permit or certificate of the person who failed to appear and impose the penalties provided in this chapter. For good cause shown, the administrator may set aside a finding of default and proceed with the hearing.
4. Any person who operates or permits a taxicab to be operated in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor. If a law enforcement officer witnesses a violation of this subsection, he may cause the vehicle to be towed immediately from the scene.
5. The conviction of a person pursuant to subsection 1 does not bar the taxicab authority or administrator from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or suspension or revocation of any certificate, permit or license by the taxicab authority or administrator does not operate as a defense in any proceeding brought under subsection 1.
Sec. 9. The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to tobacco; prohibiting the smoking of tobacco in certain places; prohibiting the advertising of tobacco products on the grounds of a public or private school, at an activity sponsored by a public or private school and in material published by a public or private school; requiring an applicant for a millennium scholarship to sign a written promise to refrain from using tobacco products; requiring certain taxicabs to display a notice indicating whether smoking is permitted in the taxicab; providing a penalty; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY―Makes various changes concerning tobacco. (BDR 15‑1299)”.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 271.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 74.
Amend section 1, page 1, line 14, by deleting “Acknowledgement” and inserting: “Proof that the physician satisfies the requirements for licensure set forth in NRS 630.160;
(d) Acknowledgment”.
Amend section 1, page 2, line 1, by deleting “(d) Acknowledgement” and inserting “(e) Acknowledgment”.
Amend section 1, page 2, line 4, by deleting “license.” and inserting:“license, except for payment by a medical facility at which the physician provides volunteer medical services of the expenses of the physician for necessary travel, continuing education, malpractice insurance or fees of the state board of pharmacy.”.
Amend section 1, page 2, lines 5, 8 and 18, by deleting “retired”.
Amend section 1, page 2, by deleting lines 21 through 24 and inserting: “volunteer medical license is subject to all the provisions governing disciplinary action set forth in this chapter.”.
Amend section 1, page 2, line 25, by deleting “retired”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 283.
Bill read second time and ordered to third reading.
Senate Bill No. 300.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 116.
Amend sec. 40, page 20, line 7, by deleting: “the immediately preceding”.
Amend sec. 40, page 20, line 19, by deleting: “the immediately preceding”.
Amend sec. 40, page 20, lines 27 and 28, by deleting: “the immediately preceding”.
Amend sec. 40, page 20, line 33, by deleting: “the immediately preceding”.
Amend sec. 40, page 20, line 39, by deleting: “the immediately preceding”.
Amend sec. 40, page 20, line 44, after “3.” by inserting: “An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
4.”.
Amend sec. 40, page 21, line 1, by deleting “4.” and inserting “5.”.
Amend sec. 40, page 21, line 5, by deleting “5.” and inserting “6.”.
Amend sec. 40, page 21, line 13, by deleting “6.” and inserting “7.”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 324.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 136.
Amend section 1, page 2, line 14, by deleting the brackets and strikethrough.
Amend section 1, page 2, line 16, by deleting: “thereto [.] ; and” and inserting “thereto.”.
Amend section 1, page 2, by deleting lines 17 and 18.
Amend section 1, page 2, line 32, by deleting the brackets and strikethrough.
Amend section 1, page 2, line 34, by deleting: “thereto [.] ; and” and inserting “thereto.”.
Amend section 1, page 2, by deleting lines 35 and 36.
Amend section 1, page 2, by deleting lines 41 through 44 and inserting:
“4. In each public building and facility owned by this state or a political subdivision of this state, each entrance to a corridor which leads to a toilet facility must be marked with a sign which:
(a) Conforms to the requirements related to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations; and
(b) Uses symbols, raised letters and Braille to:
(1) Identify the toilet facility and the gender of persons who may use the toilet facility; and
(2) If the toilet facility is for the exclusive use of persons of one gender:
(I) Indicate that the toilet facility is for the exclusive use of persons of that gender; and
(II) Provide direction to a toilet facility that may be used by persons of the other gender.”.
Amend section 1, page 2, after line 49, by inserting:
“6. A person may report a violation of this section to the attorney general.
7. Upon receiving a report pursuant to subsection 6, the attorney general shall notify the public body responsible for the alleged violation. Not later than 30 days after receiving such a notification, the public body shall:
(a) Present evidence to the attorney general that it is in compliance with this section; or
(b) Begin any action necessary to comply with the requirements of this section and notify the attorney general of the date on which it will be in compliance with those requirements.
8. If the public body responsible for the alleged violation fails to comply with this section, the attorney general shall take such action as is necessary to ensure compliance with this section, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.”.
Amend the bill as a whole by deleting sections 2 and 3 and renumbering sec. 4 as sec. 2.
Amend sec. 4, page 3, by deleting lines 44 and 45 and inserting:
“(c) If a corridor leads to the toilet facility, be marked at the entrance to the corridor with a sign which:
(1) Conforms to the requirements related to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations; and
(2) Uses symbols, raised letters and Braille to:
(I) Identify the toilet facility and the gender of persons who may use the toilet facility; and
(II) Indicate whether the toilet facility is for the exclusive use of persons of one gender and, if applicable, provide direction to a toilet facility that may be used by persons of the other gender.”.
Amend the bill as a whole by adding new sections designated sections 3 and 4, following sec. 4, to read as follows:
“Sec. 3. Chapter 447 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each owner, lessor, lessee or operator of a public accommodation shall mark each entrance to a corridor in the public accommodation which leads to a toilet facility with a sign which:
(a) Conforms to the requirements related to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations; and
(b) Uses symbols, raised letters and Braille to:
(1) Identify the toilet facility and the gender of persons who may use the toilet facility; and
(2) If the toilet facility is for the exclusive use of persons of one gender:
(I) Indicate that the toilet facility is for the exclusive use of persons of that gender; and
(II) Provide direction to a toilet facility that may be used by persons of the other gender.
2. A person may report a violation of subsection 1 to the attorney general.
3. Upon receiving a report pursuant to subsection 2, the attorney general shall notify the owner, lessor, lessee or operator of the public accommodation of the alleged violation. Not later than 30 days after receiving such a notification, the owner, lessor, lessee or operator of the public accommodation shall:
(a) Present evidence to the attorney general that the public accommodation is in compliance with subsection 1; or
(b) Begin any action necessary to comply with the requirements of subsection 1 and notify the attorney general of the date on which the public accommodation will be in compliance with those requirements.
4. If the owner, lessor, lessee or operator of the public accommodation fails to comply with subsection 1, the attorney general shall take such action as is necessary to ensure compliance with subsection 1, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.
5. As used in this section, “public accommodation” has the meaning ascribed to it in 42 U.S.C. § 12181.
Sec. 4. NRS 447.210 is hereby amended to read as follows:
447.210 1. Every proprietor, owner, manager, lessee or other person in charge of any hotel in this state [, who shall fail] who fails to comply with [this chapter] the provisions of NRS 447.003 to 447.200, inclusive, or any of the provisions of the regulations hereby established whether through the acts of himself, his agent or employees [, shall be] is guilty of a misdemeanor.
2. Every day that any hotel [shall be kept] is in violation of any of the provisions of this chapter [, such keeping shall constitute] constitutes a separate offense.”.
Amend sec. 6, page 4, by deleting lines 7 through 9 and inserting:
“Sec. 6. This act becomes effective on January 1, 2002.”.
Amend the title of the bill to read as follows:
“AN ACT relating to visually impaired persons; requiring that toilet facilities in public buildings, certain leased areas and places of public accommodation be identified with signs which must be placed in certain locations, contain certain information and conform to certain standards; requiring the attorney general to enforce such requirements; and providing other matters properly relating thereto.”.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 328.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 228.
Amend section 1, pages 1 and 2, by deleting lines 3 through 15 on page 1 and lines 1 through 48 on page 2, and inserting:
“1. The board of county commissioners of a county whose population is 50,000 or more but less than 100,000 shall adopt an ordinance which, except as otherwise provided in this section:
(a) Prohibits any person from undertaking any proposed expenditure for new construction in the county by or on behalf of a health facility in excess of $2,000,000, which under generally accepted accounting principles consistently applied is a capital expenditure, without first applying for and obtaining the written approval of the board. The health division of the department shall not issue a new license or alter an existing license for such a project in the county unless the board has issued that approval.
(b) Establishes fees to be collected from persons who submit such applications to the board. The amounts of the fees must be based upon the costs of examining and acting upon the applications.
2. No ordinance adopted pursuant to the provisions of subsection 1 may apply:
(a) To any capital expenditure for:
(1) The acquisition of land;
(2) The construction of a facility for parking;
(3) The maintenance of a health facility;
(4) The renovation of a health facility to comply with standards for safety, licensure, certification or accreditation;
(5) The installation of a system to conserve energy;
(6) The installation of a system for data processing or communication; or
(7) Any other project which, in the opinion of the board, does not relate directly to the provision of any health service; or
(b) To any project for the development of a health facility that has received legislative approval and authorization.
Upon determining that a project satisfies the requirements for an exemption pursuant to this subsection, the board shall issue a certificate which states that the project is exempt from the requirements of an ordinance adopted pursuant to this section.
3. In reviewing an application for approval, the board shall:
(a) Comparatively assess applications for similar projects affecting the same geographic area;
(b) Cause the preparation of and consider a written assessment of the effect of the project on the community and the existing system for the delivery of health services in the area to be served by the project, including, without limitation, the effect of the project on the financial resources of and the availability of health care personnel to any hospitals and other providers of health services in that area;
(c) Review and consider any assessments provided by local hospitals regarding the effect of the project on:
(1) The quality of health services; and
(2) The financial resources of and the availability of health care personnel to the existing system for the delivery of health services,
in the area to be served by the project; and
(d) Base its decision on criteria which the board shall establish by ordinance. The criteria must be at least as comprehensive and stringent as the regulations adopted by the department to carry out the provisions of NRS 439A.100 and include:
(1) The need for and the appropriateness of the project in the area to be served;
(2) The financial feasibility of the project;
(3) The effect of the project on the cost of health care;
(4) The extent to which the applicant is committed to serving medically indigent and uninsured patients in the area to be served; and
(5) The extent to which the project is consistent with the purposes set forth in NRS 439A.020 and the priorities set forth in NRS 439A.081.
4. The board may by ordinance require additional approval for a proposed change to a project which has previously been approved if the proposal would result in a change in the location of the project or a substantial increase in the cost of the project.
5. The decision of the board is a final decision for the purposes of judicial review.”.
Amend sec. 3, page 3, line 34, by deleting “100,000,” and inserting “[100,000,] 50,000,”.
Amend sec. 3, page 3, by deleting lines 43 through 47 and inserting:
“2. The provisions of subsection 1 do not apply to:”.
Amend sec. 3, page 3, line 48, by deleting “[(a)] (1)” and inserting “(a)”.
Amend sec. 3, page 3, line 49, by deleting “[(1)] (I)” and inserting “(1)”.
Amend sec. 3, page 4, line 1, by deleting “[(2)] (II)” and inserting “(2)”.
Amend sec. 3, page 4, line 2, by deleting “[(3)] (III)” and inserting “(3)”.
Amend sec. 3, page 4, line 3, by deleting “[(4)] (IV)” and inserting “(4)”.
Amend sec. 3, page 4, line 5, by deleting “[(5)] (V)” and inserting “(5)”.
Amend sec. 3, page 4, line 6, by deleting “[(6)] (VI)” and inserting “(6)”.
Amend sec. 3, page 4, line 8, by deleting “[(7)] (VII)” and inserting “(7)”.
Amend sec. 3, page 4, line 10, by deleting “[(b)] (2)” and inserting “(b)”.
Amend sec. 3, page 4, by deleting lines 29 through 32 and inserting: “substantial increase in the cost of the project.”.
Amend the bill as a whole by deleting sec. 11 and adding new sections designated sections 11 through 13, following sec. 10, to read as follows:
“Sec. 11. The board of county commissioners of a county whose population is 50,000 or more but less than 100,000 shall submit a report of its actions taken pursuant to section 1 of this act:
1. Each calendar quarter to the legislative committee on health care; and
2. On or before:
(a) January 1, 2003, to the director of the legislative counsel bureau for transmittal to the 72nd session of the legislature; and
(b) January 1, 2005, to the director of the legislative counsel bureau for transmittal to the 73rd session of the legislature.
Sec. 12. The board of county commissioners of a county whose population is 50,000 or more but less than 100,000 shall cause any ordinance it adopts pursuant to section 1 of this act to expire by limitation on June 30, 2005.
Sec. 13. 1. This act becomes effective:
(a) Upon passage and approval for the purposes of adopting any ordinances and regulations and conducting any preliminary activities necessary to carry out the provisions of this act in a timely manner; and
(b) On July 1, 2001, for all other purposes.
2. Sections 1 to 11, inclusive, of this act expire by limitation on June 30, 2005.”.
Amend the title of the bill, third line, by deleting “authorizing” and inserting “requiring”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, 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. 120.
Amend section 1, pages 1 and 2, by deleting lines 3 through 15 on page 1 and lines 1 through 3 on page 2 and inserting:
“1. A licensee who wishes to change the address of an office or other place of business for which he has a license pursuant to this chapter must, at least 10 days before changing the address, give written notice of the proposed change to the commissioner.
2. Upon receipt of the proposed change of address pursuant to subsection 1, the commissioner shall provide written approval of the change and the date of the approval.
3. If a licensee fails to provide notice as required pursuant to”.
Amend sec. 3, page 3, by deleting lines 31 through 35 and inserting:
“5. A person may apply for a license for an office or other place of business located outside this state from which the applicant will conduct business in this state if the applicant or a subsidiary or affiliate of the applicant has a license issued pursuant to this chapter for an office or other place of business located in this state and if the applicant submits with the application for a license a”.
Amend sec. 4, page 4, by deleting line 28 and inserting: “in complying with the provisions of this subsection.”.
Amend sec. 7, page 5, by deleting lines 39 through 44 and inserting:
“3. A person may apply for a license for an office or other place of business located outside this state from which the applicant will conduct business in this state if the applicant or a subsidiary or affiliate of the applicant has a license issued pursuant to this chapter for an office or other place of business located in this state and if the applicant submits with the application for a license a statement signed by the applicant which states that the applicant agrees to:”.
Amend sec. 10, page 6, by deleting lines 45 through 48 and inserting:
“2. When a] A licensee who wishes to change [his] the address of an office or other place of business [within the same city or town, he shall] for which he has a license pursuant to this chapter must, at least 10 days before changing the address, give written notice”.
Amend sec. 10, page 7, line 1, by deleting “commissioner” and inserting “commissioner .”.
Amend sec. 10, page 7, by deleting line 2 and inserting: “investigate the facts. If the commissioner finds:”.
Amend sec. 10, page 7, by deleting lines 13 through 22 and inserting:
“2. Upon receipt of the proposed change of address pursuant to subsection 1, the commissioner shall provide written approval of the change and the date of the approval.
3. If a licensee fails to provide notice as required pursuant to”.
Amend the bill as a whole by adding a new section designated sec. 12, following sec. 11, to read as follows:
“Sec. 12. Chapter 604 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commissioner shall charge and collect from each registrant a fee of $40 per hour for any supervision, examination, audit, investigation or hearing conducted pursuant to this chapter or any regulations adopted pursuant to this chapter.
2. The commissioner shall bill each registrant upon the completion of the activity for the fee established pursuant to subsection 1. The fee must be paid within 30 days after the date the bill is received. Except as otherwise provided in this subsection, any payment received after the date due must include a penalty of 10 percent of the fee plus an additional 1 percent of the fee for each month, or portion of a month, that the fee is not paid. The commissioner may waive the penalty for good cause.
3. The failure of a registrant to pay the fee required pursuant to subsection 1 as provided in this section constitutes grounds for revocation of the certificate of registration of the registrant.”.
Amend the title of the bill, eleventh line, after “business;” by inserting: “requiring the commissioner of financial institutions to charge a fee for certain services;”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 335.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 90.
Amend section 1, page 1, line 13, before “member” by inserting “nonvoting”.
Amend the bill as a whole by renumbering sections 2 through 10 as sections 7 through 15 and adding new sections designated sections 2 through 6, following section 1, to read as follows:
“Sec. 2. NRS 176A.500 is hereby amended to read as follows:
176A.500 1. The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court, but the period, including any extensions thereof, must not be more than:
(a) Three years for a:
(1) Gross misdemeanor; or
(2) Suspension of sentence pursuant to NRS 453.3363[;] or section 17 of this act; or
(b) Five years for a felony.
2. At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Except for the purpose of giving a dishonorable discharge from probation, and except as otherwise provided in this subsection, the time during which a warrant for violating any of the conditions of probation is in effect is not part of the period of probation. If the warrant is canceled or probation is reinstated, the court may include any amount of that time as part of the period of probation.
3. Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. Except as otherwise provided in subsection 4, the parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities, if any, a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention or residential confinement of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.
4. A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant for violating a condition of probation if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of probation.
Sec. 3. NRS 179.245 is hereby amended to read as follows:
179.245 1. Except as otherwise provided in subsection 5 and NRS 453.3365, and section 18 of this act, a person who has been convicted of:
(a) Any felony may, after 15 years from the date of his conviction or, if he is imprisoned, from the date of his release from actual custody;
(b) Any gross misdemeanor may, after 10 years from the date of his conviction or release from custody;
(c) A violation of NRS 484.379 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony may, after 7 years from the date of his conviction or release from custody; or
(d) Any other misdemeanor may, after 5 years from the date of his conviction or release from custody,
petition the court in which the conviction was obtained for the sealing of all records relating to the conviction.
2. A petition filed pursuant to subsection 1 must be accompanied by current, verified records of the petitioner’s criminal history received from:
(a) The central repository for Nevada records of criminal history; and
(b) The local law enforcement agency of the city or county in which the conviction was entered.
3. Upon receiving a petition pursuant to this section, the court shall notify:
(a) The prosecuting attorney for the county; or
(b) If the person was convicted in a municipal court, the prosecuting attorney for the city.
The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
4. If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been arrested, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, including, but not limited to, the Federal Bureau of Investigation, the California bureau of identification and [investigation bureau,] information, sheriffs’ offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.
5. A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.
6. As used in this section:
(a) “Crime against a child” has the meaning ascribed to it in NRS 179D.210.
(b) “Sexual offense” has the meaning ascribed to it in NRS 179D.410.
Sec. 4. NRS 179.275 is hereby amended to read as follows:
179.275 Where the court orders the sealing of a record pursuant to NRS 179.245, 179.255 or 453.3365, or section 18 of this act, a copy of the order must be sent to:
1. The central repository for Nevada records of criminal history; and
2. Each public or private company, agency or official named in the order, and that person shall seal the records in his custody which relate to the matters contained in the order, shall advise the court of his compliance, and shall then seal the order.
Sec. 5. NRS 179.285 is hereby amended to read as follows:
179.285 Except as otherwise provided in NRS 179.301, if the court orders a record sealed pursuant to NRS 179.245, 179.255 or 453.3365, or section 18 of this act, all proceedings recounted in the record are deemed never to have occurred, and the person to whom it pertains may properly answer accordingly to any inquiry concerning the arrest, conviction or acquittal and the events and proceedings relating to the arrest, conviction or acquittal.
Sec. 6. NRS 179.295 is hereby amended to read as follows:
179.295 1. The person who is the subject of the records that are sealed pursuant to NRS 179.245, 179.255 or 453.3365 or section 18 of this act may petition the court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the court may order such inspection. Except as otherwise provided in this section and NRS 179.301, the court may not order the inspection of the records under any other circumstances.
2. If a person has been arrested, the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or similar offense and that there is sufficient evidence reasonably to conclude that he will stand trial for the offense.
3. The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.”.
Amend sec. 3, page 2, line 33, by deleting: “4 to 10,” and inserting: “9 to 18,”.
Amend sec. 4, page 2, line 35, by deleting “this chapter,” and inserting: “sections 10 to 15, inclusive, of this act,”.
Amend sec. 4, page 2, line 36, by deleting: “5 and 6” and inserting: “10 and 11”.
Amend sec. 8, page 2, by deleting line 47 and inserting: “to qualified organizations or persons that provide programs for the prevention and”.
Amend sec. 8, page 3, between lines 2 and 3, by inserting:
“4. On or before January 31 of each year, the director shall submit to the director of the legislative counsel bureau a written report concerning any grants made during the previous year to qualified organizations or persons that provide programs for the prevention and treatment of problem gambling.”.
Amend sec. 10, page 3, line 14, by deleting “this chapter” and inserting: “sections 13 and 14 of this act.”.
Amend sec. 10, page 3, by deleting line 17 and inserting:
“(a) The procedure by which qualified organizations or persons may apply for a”.
Amend the bill as a whole by renumbering sec. 11 as sec. 19 and adding new sections designated sections 16 through 18, following sec. 10, to read as follows:
“Sec. 16. A district court may establish an appropriate program for the treatment of problem gambling to which it may assign a defendant pursuant to section 17 of this act. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program.
Sec. 17. 1. Except as otherwise provided in subsection 2, if a defendant who suffers from problem gambling tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the court may, without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to section 16 of this act.
2. If the offense committed by the defendant involved the use or threatened use of force or violence against a victim or if the defendant was previously convicted in this state or in any other jurisdiction of a felony that involved the use or threatened use of force or violence against a victim, the court may not assign the defendant to the program.
3. Upon violation of a term or condition:
(a) The court may enter a judgment of conviction and proceed as provided in the section pursuant to which the defendant was charged.
(b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the department of prisons if the offense is punishable by imprisonment in the state prison.
4. Upon fulfillment of the terms and conditions, the court shall discharge the defendant and dismiss the proceedings against him. Except as otherwise provided in subsection 5, discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of him for any purpose.
5. A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to him.
Sec. 18. 1. Except as otherwise provided in subsection 3, 3 years after a defendant is discharged from probation pursuant to section 17 of this act, the court shall order sealed all documents, papers and exhibits in the defendant’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order if the defendant fulfills the terms and conditions imposed by the court and the division of parole and probation of the department of motor vehicles and public safety. The court shall order those records sealed without a hearing unless the division of parole and probation of the department of motor vehicles and public safety petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
2. If the court orders sealed the record of a defendant discharged pursuant to section 17 of this act, the court shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.
3. A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.”.
Amend sec. 11, page 3, line 25, by deleting “7” and inserting “12”.
Amend the bill as a whole by renumbering sec. 12 as sec. 21 and adding a new section designated sec. 20, following sec. 11, to read as follows:
“Sec. 20. The amendatory provisions of this act do not apply to offenses committed before July 1, 2001.”.
Amend sec. 12, page 3, line 27, by deleting “11” and inserting “19”.
Amend sec. 12, page 3, line 29, by deleting “10, inclusive,” and inserting: “18, inclusive, and 20”.
Amend the title of the bill, seventh line, after “gambling;” by inserting: “providing for the establishment by a district court of a program for the treatment of offenders suffering from problem gambling;”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Senator James moved that Senate Bill No. 335 be re-referred to the Committee on Finance upon return from reprint.
Remarks by Senator James.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Townsend moved that Assembly Bill No. 369 be taken from the Secretary’s desk and placed on the Second Reading File.
Remarks by Senator Townsend.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 358.
Bill read second time and ordered to third reading.
Senate Bill No. 395.
Bill read second time and ordered to third reading.
Senate Bill No. 420.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 196.
Amend sec. 3, page 2, line 25, by deleting: “10th day of each month,” and inserting: “20th day of January, April, July and October,”.
Amend sec. 3, page 2, line 27, by deleting “month” and inserting “quarter”.
Amend sec. 4, page 2, line 39, by deleting: “January 31 of each odd-numbered” and inserting: “November 1 of each even-numbered”.
Amend sec. 4, page 2, lines 44 and 46, by deleting “calendar” and inserting “fiscal”.
Amend sec. 4, page 3, line 2, by deleting “calendar” and inserting “fiscal”.
Amend the title of the bill, second line, by deleting “monthly” and inserting “quarterly”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires occupational licensing boards to submit quarterly summaries of disciplinary actions and biennial reports of activities to director of legislative counsel bureau. (BDR 54‑451)”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 467.
Bill read second time and ordered to third reading.
Senate Bill No. 500.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 254.
Amend section 1, page 1, line 2, by deleting “6,” and inserting “5,”.
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 through 7 as sections 2 through 6.
Amend sec. 7, page 5, line 3, by deleting “6,” and inserting “5,”.
Amend the bill as a whole by deleting sec. 8 and adding new sections, designated sections 7 and 8, following sec. 7, to read as follows:
“Sec. 7. NRS 104.9109 is hereby amended to read as follows:
104.9109 1. Except as otherwise provided in subsections 3 and 4, this article applies to:
(a) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;
(b) An agricultural lien;
(c) A sale of accounts, chattel paper, payment intangibles or promissory notes;
(d) A consignment;
(e) A security interest arising under NRS 104.2401, 104.2505, subsection 3 of NRS 104.2711, or subsection 5 of NRS 104A.2508, as provided in NRS 104.9110; and
(f) A security interest arising under NRS 104.4210 or 104.5118.
2. The application of this article to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this article does not apply.
3. This article does not apply to the extent that:
(a) A statute, regulation or treaty of the United States preempts this article; or
(b) [Another statute of this state expressly governs the creation, perfection, priority or enforcement of a security interest created by this state or a governmental unit of this state;
(c) A statute of another state, a foreign country, or a governmental unit of another state or a foreign country, other than a statute generally applicable to security interests, expressly governs creation, perfection, priority, or enforcement of a security interest created by the state, country, or governmental unit; or
(d)] The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under NRS 104.5114.
4. This article does not apply to:
(a) A landlord’s lien, other than an agricultural lien;
(b) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but NRS 104.9333 applies with respect to priority of the lien;
(c) An assignment of a claim for wages, salary or other compensation of an employee;
(d) A sale of accounts, chattel paper, payment intangibles or promissory notes as part of a sale of the business out of which they arose;
(e) An assignment of accounts, chattel paper, payment intangibles or promissory notes which is for the purpose of collection only;
(f) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;
(g) An assignment of a single account, payment intangible or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;
(h) A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health-care provider of a health-care-insurance receivable and any subsequent assignment of the right to payment, but NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds;
(i) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;
(j) A right of recoupment or set-off, but:
(1) NRS 104.9340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and
(2) NRS 104.9404 applies with respect to defenses or claims of an account debtor;
(k) The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for:
(1) Liens on real property in NRS 104.9203 and 104.9308;
(2) Fixtures in NRS 104.9334;
(3) Fixture filings in NRS 104.9501, 104.9502, 104.9512, 104.9516 and 104.9519; and
(4) Security agreements covering personal and real property in NRS 104.9604;
(l) An assignment of a claim arising in tort, other than a commercial tort claim, but NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds; [or]
(m) An assignment of a deposit account in a consumer transaction, but NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds [.] ; or
(n) A transfer by a government or governmental unit.
Sec. 8. 1. This section and sections 1 through 6, inclusive, of this act become effective on July 1, 2001.
2. Section 7 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the University Securities Law; authorizing the board of regents of the University of Nevada to delegate its authority concerning the sale of securities; authorizing variable rates of interest on securities; authorizing the investment of pledged revenues and the proceeds of securities in certain investment contracts; authorizing agreements for an exchange of interest rates; removing certain exceptions concerning the applicability of the Uniform Commercial Code—Secured Transactions; creating an exception for transfers of a local government from the provisions of the Uniform Commercial Code—Secured Transactions; and providing other matters properly relating thereto.”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 502.
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. 512.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 145.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 628 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before a certified public accountant or registered public accountant or a partnership, corporation or limited-liability company composed of certified public accountants or registered public accountants engages in the practice of public accounting in this state under a fictitious name, it must register the fictitious name with the board.
2. The board shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations that prescribe:
(a) The procedure for registering a fictitious name with the board; and
(b) The fee for registering a fictitious name with the board.”.
Amend the bill as a whole by deleting sec. 3.
Amend sec. 4, page 4, by deleting lines 6 through 9 and inserting: “or] the renewal of a permit [more than 1 year after the expiration”.
Amend the bill as a whole by deleting sec. 7 and adding new sections designated sections 7 and 8, following sec. 6, to read as follows:
“Sec. 7. 1. Notwithstanding the provisions of section 1 of this act, a certified public accountant or registered public accountant, or a partnership, corporation or limited-liability company composed of certified public accountants or registered public accountants, that is engaged in the practice of public accounting in this state under a fictitious name and holds a certificate of registration that was issued under the fictitious name by the Nevada state board of accountancy pursuant to NRS 628.370 before July 1, 2001, must register the fictitious name with the board pursuant to the procedure prescribed by the board and pay the fee prescribed by the board not later than January 1, 2002.
2. As used in this section:
(a) “Practice of public accounting” has the meaning ascribed to it in NRS 628.023.
(b) “Registered public accountant” has the meaning ascribed to it in NRS 628.029.
Sec. 8. 1. This section and sections 2 to 7, inclusive, of this act become effective on July 1, 2001.
2. Section 1 of this act becomes effective on July 1, 2001, for the purpose of adopting regulations and on January 1, 2002, for all other purposes.”.
Amend the title of the bill by deleting the fourth and fifth lines and inserting: “the United States; requiring certain persons who wish to engage in the practice of public accounting under a fictitious name to register the fictitious name with the board; requiring the board to adopt regulations prescribing the procedure and fee for registering a fictitious name with the board; authorizing the board to”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 525.
Bill read second time and ordered to third reading.
Senate Bill No. 547.
Bill read second time and ordered to third reading.
Senate Bill No. 557.
Bill read second time and ordered to third reading.
Assembly Bill No. 252.
Bill read second time and ordered to third reading.
Assembly Bill No. 369.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 354.
Amend the bill as a whole by deleting sections 1 through 34 and adding new sections designated sections 1 through 39, following the enacting clause, to read as follows:
“Section 1. NRS 703.010 is hereby amended to read as follows:
703.010 As used in this chapter, unless the context otherwise requires:
1. “Alternative seller” [has the meaning ascribed to it in NRS 704.967.] means a person who sells any competitive, discretionary or potentially competitive component of natural gas service pursuant to NRS 704.993 to 704.999, inclusive.
2. “Commission” means the public utilities commission of Nevada.
Sec. 2. 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) [Take such] 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 [law as] the statute and which are necessary to encourage and enhance:
(1) A competitive market for the provision of that utility [services] service to customers in this state; and
(2) The reliability and safety of the provision of [those services] that utility service within that competitive market; 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. 3. 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. [The commission may] Except as otherwise provided in subsection 5, 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. [The commission shall]
(b) Shall prescribe by regulation the procedure for appealing a decision of a hearing officer to the commission.
5. The commission shall not appoint a hearing officer to conduct proceedings or hearings pursuant to sections 8 to 18, inclusive, of this act.
Sec. 4. NRS 703.151 is hereby amended to read as follows:
703.151 In adopting regulations pursuant to this Title relating to the provision of electric service, the commission shall ensure that the regulations:
1. [Maximize the benefits of a competitive marketplace for the provision of electric services;
2. Maintain, to the extent possible, even and fair competition among providers of electric service;
3. Ensure the flexibility necessary for existing utilities that provide energy to enter into a deregulated market;
4. Foster innovation in the provision of electric services;
5. Ensure and enhance reliability and safety in the provision of electric services;
6. Provide for flexible mechanisms for regulating electric services; and
7.] Protect, further and serve the public interest;
2. Provide effective protection [of persons] for customers who depend upon electric [services.] service;
3. Provide for stability in rates and for the availability and reliability of electric service;
4. Encourage the development and use of renewable energy resources; and
5. Require providers of electric service to engage in prudent business management, effective long-term planning, responsible decision making, sound fiscal strategies and efficient operations.
Sec. 5. NRS 703.320 is hereby amended to read as follows:
703.320 1. [When, in] In any matter pending before the commission, if a hearing is required by [law,] a specific statute or is [normally] 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) [Where not specified by law, the] The persons entitled to notice in each type of proceeding.
2. [Unless,] The commission shall not dispense with a hearing in any matter pending before the commission pursuant to sections 8 to 18, inclusive, of this act.
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 . [, the commission may dispense with a hearing and act upon the matter pending.
3.] If such a request for a hearing is filed, the commission shall give at least 10 days’ notice of the hearing.
Sec. 6. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 19, inclusive, of this act.
Sec. 7. As used in this section and NRS 704.330 to 704.430, inclusive, unless the context otherwise requires, “electric utility” has the meaning ascribed to it in section 12 of this act.
Sec. 8. As used in sections 8 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 9 to 15, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 9. “Affiliate” means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with an electric utility.
Sec. 10. “Consumer’s advocate” means the consumer’s advocate of the bureau of consumer protection in the office of the attorney general.
Sec. 11. “Dispose of a generation asset” means to:
1. Sell, lease, assign, transfer or divest an interest in a generation asset, in whole or in part, to another person; or
2. Perform any promise, covenant or obligation to sell, lease, assign, transfer or divest an interest in a generation asset, in whole or in part, to another person pursuant to the terms of a contract or agreement executed before, on or after the effective date of this act unless, before the effective date of this act:
(a) All terms and conditions of the contract or agreement were satisfied; and
(b) All parties to the contract or agreement fully performed all promises, covenants and obligations under the contract or agreement.
Sec. 12. 1. “Electric utility” means:
(a) Any public utility or successor in interest that:
(1) Is in the business of providing electric service to customers;
(2) Holds a certificate of public convenience and necessity issued or transferred pursuant to this chapter; and
(3) 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;
(b) A subsidiary or affiliate of such a public utility;
(c) A holding company or other person that holds a controlling interest in such a public utility; and
(d) A successor in interest to any public utility, subsidiary, affiliate, holding company or person described in paragraph (a), (b) or (c).
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. 13. 1. “Generation asset” means any plant, facility, equipment or system that:
(a) Converts other forms of energy into electricity or otherwise produces electricity;
(b) Is or was owned, possessed, controlled, leased, operated, administered, maintained, acquired or placed into service by an electric utility before, on or after January 1, 2001;
(c) Is subject, in whole or in part, to regulation by the commission; and
(d) Is used and useful for the convenience of the public in this state, as determined by the commission.
2. The term does not include:
(a) Any hydroelectric plant, facility, equipment or system which has a generating capacity of not more than 15 megawatts and which is located on the Truckee River or on a waterway that is appurtenant to or connected to the Truckee River.
(b) Any net metering system, as defined in NRS 704.771.
Sec. 14. 1. “Interest in a generation asset” means any interest, in whole or in part, in the physical plant, facility, equipment or system that makes up the generation asset, whether such interest is legal or equitable, present or future, or contingent or vested.
2. The term does not include any interest in the electricity or other energy produced by the generation asset.
Sec. 15. “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. 16. Except as otherwise provided in section 17 of this act:
1. Before July 1, 2003, an electric utility shall not dispose of a generation asset.
2. On or after July 1, 2003, an electric utility shall not dispose of a generation asset unless, before the disposal, the commission approves the disposal by a written order issued in accordance with the provisions of this section.
3. Not sooner than January 1, 2003, an electric utility may file with the commission an application to dispose of a generation asset on or after July 1, 2003. If an electric utility files such an application, the commission shall not approve the application unless the commission finds that the disposal of the generation asset will be in the public interest. The commission shall issue a written order approving or disapproving the application. The commission may base its approval of the application upon such terms, conditions or modifications as the commission deems appropriate.
4. If an electric utility files an application to dispose of a generation asset, the consumer’s advocate shall be deemed a party of record.
5. If the commission approves an application to dispose of a generation asset before July 1, 2003, the order of the commission approving the application:
(a) May not become effective sooner than July 1, 2003;
(b) Does not create any vested rights before the effective date of the order; and
(c) For the purposes of NRS 703.373, shall be deemed a final decision on the date on which the order is issued by the commission.
Sec. 17. 1. An electric utility may dispose of its generation assets pursuant to a merger, acquisition or transaction that is authorized pursuant to NRS 704.329 or pursuant to a transfer of its certificate of public convenience and necessity that is authorized pursuant to NRS 704.410, if:
(a) The electric utility disposes of substantially all of its generation assets and substantially all of its other assets to the other person in the merger, acquisition, transaction or transfer; and
(b) The other person in the merger, acquisition, transaction or transfer is not a subsidiary or affiliate of the electric utility or a holding company or other person that holds a controlling interest in the electric utility.
2. Any person who assumes or has assumed ownership, possession, control, operation, administration or maintenance of a generation asset pursuant to a merger, acquisition, transaction or transfer described in subsection 1 is subject to the provisions of sections 8 to 18, inclusive, of this act.
Sec. 18. If an electric utility disposes of a generation asset in violation of sections 8 to 18, inclusive, of this act, the disposal is void and unenforceable and is not valid for any purpose.
Sec. 19. 1. Except as otherwise provided in section 36 of this act, beginning on March 1, 2001, an electric utility that purchases fuel or power shall use deferred accounting by recording upon its books and records in deferred accounts all increases and decreases in costs for purchased fuel and purchased power that are prudently incurred by the electric utility.
2. An electric utility using deferred accounting shall include in its annual report to the commission a statement showing, for the period of recovery, the allocated rate of return for each of its operating departments in this state using deferred accounting. If, during the period of recovery, the rate of return for any operating department using deferred accounting is greater than the rate of return authorized by the commission in the most recently completed rate proceeding for the electric utility, the commission shall order the electric utility that recovered costs for purchased fuel or purchased power through its rates during the reported period to transfer to the next energy adjustment period that portion of the amount recovered by the electric utility that exceeds the authorized rate of return.
3. Except as otherwise provided in subsection 4, an electric utility using deferred accounting shall file an application to clear its deferred accounts after the end of each 12-month period of deferred accounting.
4. An electric utility using deferred accounting may file an application to clear its deferred accounts after the end of a 6-month period of deferred accounting if the net increase or decrease in revenues necessary to clear its deferred accounts for the 6-month period is more than 5 percent of the total revenues generated by the electric utility during that period from its rates for purchased fuel and purchased power most recently authorized by the commission.
5. The commission shall adopt regulations prescribing the period within which an electric utility must file an application to clear its deferred accounts after the end of a period of deferred accounting.
6. As used in this section:
(a) “Application to clear its deferred accounts” means an application filed by an electric utility pursuant to this section and subsection 7 of NRS 704.110.
(b) “Costs for purchased fuel and purchased power” means all costs which are prudently incurred by an electric utility and which are required to purchase fuel, to purchase capacity and to purchase energy.
(c) “Electric utility” means any public utility or successor in interest that:
(1) Is in the business of providing electric service to customers;
(2) Holds a certificate of public convenience and necessity issued or transferred pursuant to this chapter; and
(3) 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.
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. 20. NRS 704.030 is hereby amended to read as follows:
704.030 “Public utility” or “utility” does not include:
1. Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.
2. Persons engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this state if:
(a) They serve 25 persons or less; and
(b) Their gross sales for water or services for the disposal of sewage, or both, amounted to $5,000 or less during the immediately preceding 12 months.
3. Persons not otherwise engaged in the business of furnishing, producing or selling water or services for the disposal of sewage, or both, but who sell or furnish water or services for the disposal of sewage, or both, as an accommodation in an area where water or services for the disposal of sewage, or both, are not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water or services for the disposal of sewage, or both, for compensation, to persons within the political subdivision.
4. Persons who are engaged in the production and sale of energy, including electricity, to public utilities, cities, counties or other entities which are reselling the energy to the public.
5. Persons who are subject to the provisions of NRS 590.465 to 590.645, inclusive.
6. Persons who are engaged in the sale or use of special fuel as defined in NRS 366.060.
7. [Persons who are licensed as alternative sellers to provide electric services.
8.] Persons who provide water from water storage, transmission and treatment facilities if those facilities are for the storage, transmission or treatment of water from mining operations.
Sec. 21. NRS 704.110 is hereby amended to read as follows:
704.110 Except as otherwise provided in NRS 704.075 or as otherwise provided by the commission pursuant to NRS 704.095 or 704.097:
1. Whenever there is filed with the commission 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 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 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 . [, but] 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 with the commission any schedule stating an increased individual or joint rate or charge for service or equipment, 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, 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 into effect until the changes have been experienced and certified by the utility to the commission. 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 the certification required in this subsection, or before the expiration of any period of suspension ordered pursuant to subsection 2, whichever time is longer, the commission shall make such order in reference to those rates or charges 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 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 public utility shall not submit another general rate application until all pending general rate applications for increases in rates submitted by that public utility have been decided unless, after application and hearing, the commission determines that a substantial financial emergency would exist if the other application is not permitted to be submitted sooner.
6. A public utility may [not] file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale [more often than] 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.
7. Whenever an electric utility using deferred accounting pursuant to section 19 of this act 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. Whenever 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.
9. 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.
10. As used in this section, “electric utility” has the meaning ascribed to it in section 19 of this act.
Sec. 22. NRS 704.329 is hereby amended to read as follows:
704.329 1. Except as otherwise provided in [subsection 4, no person may]this section, 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 .[pursuant to subsection 2.]
2. Any merger, acquisition or [change in control in violation]other transaction that violates the provisions of this section is void and unenforceable andis not valid for any purpose.
[2.] 3. Before authorizing [the]a proposed merger, acquisition or [change in control of a public utility doing business in this state,]other transaction pursuant to this section, the commission shall consider the effect of the proposed merger, acquisition or other transaction [. If]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 [change in control is]other transaction:
(a) Will be in the public interest [, the commission shall authorize the proposed transaction.
3.]; and
(b) Complies with the provisions of sections 8 to 18, inclusive, of this act, 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 [determination]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,the proposed merger, acquisition or other transaction shall be deemed [approved.]to be authorized by the commission.
[4.] 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 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.
Sec. 23. NRS 704.370 is hereby amended to read as follows:
704.370 1. The commission shall have the power, after hearing, to issue or refuse such certificate of public convenience, or to issue it for the construction of a portion only of the contemplated line, plant or systems, or extension thereof, and may attach thereto such terms and conditions as, in its judgment, the public convenience and necessity may require.
2. [The] Except as otherwise provided in subsection 3, the commission, in its discretion[,] and after investigation, may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the [certificate] application has been filed by or on behalf of any interested person.
3. The commission shall not dispense with the hearing on the application of an electric utility.
Sec. 24. NRS 704.390 is hereby amended to read as follows:
704.390 1. It [shall be] is unlawful for any public utility to discontinue, modify or restrict service to any city, town, municipality, community or territory theretofore serviced by it, except upon 30 days’ notice filed with the commission, specifying in detail the character and nature of the discontinuance or restriction of the service intended, and upon order of the commission, made after hearing, permitting such discontinuance, modification or restriction of service.
2. [The] Except as otherwise provided in subsection 3, the commission , in its discretion and after investigation, may dispense with the hearing on the application for discontinuance, modification or restriction of service[,] if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the application has been filed by or on behalf of any interested person.
3. The commission shall not dispense with the hearing on the application of an electric utility.
Sec. 25. NRS 704.410 is hereby amended to read as follows:
704.410 1. Any public utility subject to the provisions of NRS [704.005] 704.001 to 704.751, inclusive, and sections 8 to 18, inclusive, of this act to which a certificate of public convenience and necessity has been issued pursuant to NRS [704.005] 704.001 to 704.751, inclusive, and sections 8 to 18, inclusive, of this act may transfer the certificate to any person qualified under NRS [704.005] 704.001 to 704.751, inclusive, [but the] and sections 8 to 18, inclusive, of this act. Such a transfer is void and unenforceable and is not valid for any purpose [until a] unless:
(a) A joint application to make the transfer has been made to the commission by the transferor and the transferee [, and the] ; and
(b) The commission has authorized the substitution of the transferee for the transferor. If the transferor is an electric utility, the commission shall not authorize the transfer unless the transfer complies with the provisions of sections 8 to 18, inclusive, of this act.
2. The commission [may] :
(a) Shall conduct a hearing on a transfer involving an electric utility. The hearing must be noticed and conducted in the same manner as other contested hearings before the commission.
(b) May direct that a hearing be [had in the matter of the transfer.] conducted on a transfer involving any other public utility. If the commission determines that such a hearing should be held, the hearing must be noticed and conducted in the same manner as other contested hearings before the commission.
[3. The commission has the sole discretion to direct that a hearing be held if the application seeks to transfer the certificate from a person or partners to a corporation when the officers of the corporation will be substantially the same person or partners.
4.] The commission may dispense with such a hearing if, upon the expiration of the time fixed in the notice thereof, no protest to the proposed transfer has been filed by or on behalf of any interested person.
[5.] 3. In determining whether the transfer of a certificate of public convenience and necessity to an applicant transferee should be authorized, the commission must take into consideration:
(a) The utility service performed by the transferor and the proposed utility service of the transferee;
(b) Other authorized utility services in the territory for which the transfer is sought; [and]
(c) Whether the transferee is fit, willing and able to perform the services of a public utility and whether the proposed operation will be consistent with the legislative policies set forth in NRS [704.005] 704.001 to 704.751, inclusive[.
6.] , and sections 8 to 18, inclusive, of this act; and
(d) Whether the transfer will be in the public interest.
4. The commission may make such amendments, restrictions or modifications in a certificate upon transferring it as the public interest requires.
[7.] 5. No transfer is valid beyond the life of the certificate transferred.
Sec. 26. NRS 704.430 is hereby amended to read as follows:
704.430 1. Any person, firm, association or corporation who [shall violate] violates any provisions of NRS 704.330 to [704.410,] 704.430, inclusive, and section 7 of this act shall be punished by a fine of not more than $250.
2. Each day’s operation without a certificate as provided in NRS 704.330 to [704.410,] 704.430, inclusive, and section 7 of this act or each day that service is discontinued, modified or restricted, as defined in NRS 704.330 to [704.410, inclusive, shall] 704.430, inclusive, and section 7 of this act must be considered a separate offense.
Sec. 27. NRS 704.961 is hereby amended to read as follows:
704.961 The commission [shall expend up to $500,000] may expend money from its reserve account to provide education and informational services necessary to educate and inform the residents in this state on issues related to the provision of [competitive] utility services in this state. The commission [shall] may contract with an independent person to provide such educational and informational services.
Sec. 28. NRS 704.989 is hereby amended to read as follows:
704.989 1. The commission shall establish portfolio standards for domestic energy that [sets]set forth the minimum percentage of the total amount of electricity sold by an electric utility to its retail customers in this state during each calendar year that must be derived from renewable energy resources. The portfolio standards must:
(a) [Be] On January 1, 2001, be set at two-tenths of [one] 1 percent of the total amount of electricity [annually consumed] sold by the electric utility to its retail customers in this state [as of January 1, 2001.
(b) Be increased biannually thereafter] during the immediately preceding calendar year.
(b) On January 1 of each successive odd-numbered year, be increased by two-tenths of [one] 1 percent of the total [annual electric consumption] amount of electricity sold by the electric utility to its retail customers in this state during the immediately preceding calendar year until the [standard reaches] portfolio standards reach a total of 1 percent of the total amount of electricity [consumed.] sold by the electric utility to its retail customers in this state during the immediately preceding calendar year.
(c) Be derived from not less than 50 percent renewable energy resources.
(d) Be derived from not less than 50 percent solar renewable energy systems.
(e) Be based on renewable energy credits, if applicable.
2. Each [vertically integrated] electric utility [and alternative seller that provides electric service in this state] shall comply with the portfolio [standard]standards established by the commission pursuant to this section. At the end of each calendar year, each [vertically integrated] electric utility [and alternative seller] shall submit a report, in a format approved by the commission, of the quantity of renewable energy and credits, if applicable, that the electric utility [or alternative seller] generated, purchased, sold and traded to meet the portfoliostandards . [of the portfolio.]
3. In establishing the portfolio standardspursuant to this section, the commission may establish a system of credits pursuant to whichan electric utility [and alternative seller] may comply with the provisions of this section. A system of credits must provide that:
(a) Credits are issued for renewable energy resources for each kilowatt hour of energy which it produces; and
(b) Holders of credits may trade or sell the credits to other parties.
4. For the purposes of this section, [a vertically integrated electric utility which,]if, on January 1, 1997, [has]at least9 percent of [its electricity consumed by]the total amount of electricity sold by an electric utility to its retail customers [served by]in this state during the immediately preceding calendar year was derived from renewable energy resources , the electric utilityshall be deemed to be in compliance until January 1, 2005, with the portfolio standards established by the commission pursuant to this section. Between January 1, 2005, and December 31, 2009, such [a vertically integrated]anelectric utility [and its affiliated alternative seller, if any, shall reach a total of]shall have one-half of 1 percent of the total amount of electricity [consumed by]sold to its retail customers [,]in this state, increased in annual increments of one-tenth of 1 percent [, in]during each calendar year of that period, derived from solar energy resources for full compliance with the portfolio [standard] standardsestablished by the commission pursuant to this section.
5. [The]In addition to the report required by subsection 2, eachelectric utility [and alternative seller] shall submit a report [to], in a format approved bythe commission , that provides information relating to the compliance by the [vertically integrated] electric utility [or alternative seller] with the requirements of this section. Such reports must be made at least annually, unless the commission by regulation determines that such reports must be made more frequently than annually, and must include clear and concise information that sets forth:
(a) If the [vertically integrated] electric utility installed a renewable energy system during the period for which the report is being made, the date of installation;
(b) The capacity of renewable energy systems of the [vertically integrated] electric utility ;[or alternative seller;]
(c) The amount of production of energy from the renewable energy systems;
(d) The portion of the production of energy that is directly derived from renewable energy resources;
(e) The quantity of energy from renewable energy systems that is transmitted or distributed, or both, to retail customers in this state by the [vertically integrated] electric utility ;[or alternative seller;] and
(f) Such other information that the commission by regulation may deem relevant.
6. [Nothing in this section applies]The provisions of this section do not applyto:
(a) Rural electric cooperatives established pursuant to chapter 81 of NRS;
(b) General improvement districts established pursuant to chapter 318 of NRS; or
(c) Utilities established pursuant to chapter 709 or 710 of NRS.
7. As used in this section:
(a) “Electric utility” has the meaning ascribed to it in section 19 of this act.
(b) “Renewable energy resources” means wind, solar, geothermal and biomass energy resources [in this state] that are naturally regenerated.
[(b)] (c) “Renewable energy system” means an energy system [in this state] that utilizes renewable energy resources to produce electricity or solar thermal energy systems that reduce the consumption of electricity that was installed and commenced operations after July 1, 1997.
Sec. 29. NRS 228.360 is hereby amended to read as follows:
228.360 The consumer’s advocate [may,] :
1. Shall intervene in and represent the public interest in all proceedings conducted pursuant to sections 8 to 18, inclusive, of this act.
2. May, with respect to all public utilities except railroads and cooperative utilities, and except as provided in NRS 228.380:
[1.] (a) Conduct or contract for studies, surveys, research or expert testimony relating to matters affecting the public interest or the interests of utility customers.
[2.] (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.
[3. Petition]
(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.
Sec. 30. NRS 228.390 is hereby amended to read as follows:
228.390 Except as otherwise provided in sections 8 to 18, inclusive, of this act:
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. 31. NRS 538.181 is hereby amended to read as follows:
538.181 1. The commission shall hold and administer all rights and benefits pertaining to the distribution of the power and water mentioned in NRS 538.041 to 538.251, inclusive, for the State of Nevada[,] and, except as otherwise provided in NRS 538.186, may enter into contracts relating to that power and water, including the transmission and other distribution services, on such terms as the commission determines.
2. Every applicant, except a federal or state agency or political subdivision, for power or water to be used within the State of Nevada must, before the application is approved, provide an indemnifying bond by a corporation qualified pursuant to the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the commission may require, conditioned for the full and faithful performance of the lease, sublease, contract or other agreement.
3. The power and water must not be sold for less than the actual cost to the State of Nevada.
4. Except as otherwise provided in subsection 5, before any such sale or lease is made, a notice of it must be advertised in two papers of general circulation published in the State of Nevada at least once a week for 2 weeks. The commission shall require any person desiring to make objection thereto to file the objection with the commission within 10 days after the date of the last publication of the notice. If any objection is filed, the commission shall set a time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.
5. The provisions of subsection 4 do not apply to:
(a) Any contract by the commission to sell supplemental power to a holder of a long-term firm contract with the state for power if the supplemental power is procured by the commission from a prearranged source and is secured by the holder for his own use; or
(b) Any agreement by the commission to sell short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available.
6. Except as otherwise provided in subsection 2 of NRS 538.251, any such lease, sublease, contract or sale of the water or power is not binding upon the State of Nevada until ratified and approved by the governor and, where required by federal law, until approved by the United States.
7. The commission shall, upon the expiration of a contract for the sale of power which is in effect on July 1, 1993, offer to the purchaser the right to renew the contract. If the commission is unable to supply the amount of power set forth in the contract because of a shortage of power available for sale, it shall reduce, on a pro rata basis, the amount of power it is required to sell pursuant to the renewed contract.
8. [Except as otherwise provided in NRS 704.987, notwithstanding] Notwithstanding any provision of chapter 704 of NRS, any purchase of:
(a) Power or water for distribution or exchange, and any subsequent distribution or exchange of power or water by the commission; or
(b) Water for distribution or exchange, and any subsequent distribution or exchange of water by any entity to which or with which the commission has contracted the water, is not subject to regulation by the public utilities commission of Nevada.
Sec. 32. 1. NRS 704.965, 704.966, 704.967, 704.968, 704.969, 704.970, 704.971, 704.972, 704.973, 704.974, 704.975, 704.976, 704.977, 704.978, 704.979, 704.980, 704.981, 704.982, 704.9823, 704.9826, 704.9829, 704.983, 704.984, 704.985, 704.986, 704.9865, 704.987, 704.988 and 704.990 are hereby repealed.
2. Sections 335 and 337 of chapter 482, Statutes of Nevada 1997, at pages 2021 and 2022, respectively, and sections 17, 21, 22, 24 and 26 of chapter 600, Statutes of Nevada 1999, at pages 3269 and 3272, are hereby repealed.
3. Section 127 of Senate Bill No. 29 of this session is hereby repealed.
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. Take any other action or issue any other orders necessary to carry out the provisions of this act.
Sec. 34. As used in this section and sections 35 and 36 of this act, unless the context otherwise requires:
1. “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.
2. “Commission” means the public utilities commission of Nevada.
3. “Comprehensive energy plan” means the application to adopt a comprehensive energy plan, designated in the records of the commission as Docket No. 01-1045, and all amendments and modifications to the application or the plan.
4. “Deferred account” means any account that is used to carry out deferred accounting pursuant to section 19 of this act.
5. “Electric utility” has the meaning ascribed to it in section 19 of this act.
6. “Electric utility holding company” means:
(a) An entity which is incorporated or organized under the laws of this state and which holds a controlling interest in an electric utility; and
(b) A successor in interest to any entity described in paragraph (a).
7. “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.
8. “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. 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 by each electric utility before April 1, 2001, 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. 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. 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. 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.
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. 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. 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. 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.
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;
(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. 37. Any license issued to an alternative seller pursuant to NRS 704.977 is void on and after the effective date of this act.
Sec. 38. 1. The provisions of this act are hereby declared to be severable.
2. If any provision of this act is held invalid, or if the application of any such provision to any person, thing or circumstance is held invalid, such invalidity does not affect any other provision of this act that can be given effect without the invalid provision or application.
Sec. 39. This act becomes effective upon passage and approval.”.
Amend the text of repealed sections by adding the text of section 127 of Senate Bill No. 29 of this session.
Amend the bill as a whole by deleting the preamble and adding a new preamble, immediately preceding the enacting clause, to read as follows:
“Whereas, In 1997, the legislature enacted comprehensive legislation designed to prepare the electric industry in this state for retail competition; and
Whereas, In 1999, the legislature enacted additional legislation delaying the onset of such competition until March 1, 2000, unless a determination was made that a later date was necessary to protect the public interest; and
Whereas, On several occasions, a determination has been made that commencement of retail competition in the electric industry is not yet in the public interest of this state; and
Whereas, Many residents of this state are senior citizens whose health is especially vulnerable to extreme heat and extreme cold and who rely on electricity to provide safe temperatures in their homes; and
Whereas, In arid regions of this state, there are many population centers that cannot be sustained without electricity to pump potable drinking water; and
Whereas, Several of the major industries in this state are particularly dependent upon electricity; and
Whereas, Under present market conditions in the electric industry, comprehensive and effective regulation of electric utilities in this state is vital to the economy of this state and is essential to protect the health, safety and welfare of the residents of this state; and
Whereas, Until present market conditions have changed and adequate mechanisms have been developed to allow this state to adjust its comprehensive regulation of electric utilities in Nevada, this state has a compelling interest in continuing its comprehensive regulation of electric utilities to protect the consumers in this state, to safeguard the economy of this state and to ensure that the electric utilities in this state provide adequate and reliable electric service at just and reasonable prices; and
Whereas, As part of its comprehensive regulation of electric utilities in Nevada, this state has traditionally exercised its inherent jurisdiction over electric generation assets which have been dedicated to serve the public convenience and necessity in Nevada and which are used and useful for the convenience of the public in Nevada; and
Whereas, To control volatility in the price of electricity in the retail market and to ensure that the electric utilities in this state have necessary and sufficient resources to provide adequate and reliable electric service under present market conditions, this state must retain its traditional jurisdiction and control over electric generation assets until other mechanisms are available to accomplish these goals; and
Whereas, In recent years, the western United States has experienced a severe and ongoing crisis in the electric industry marked by critical shortages in the supply of electricity and extreme volatility in the price of electricity in the wholesale and retail markets; and
Whereas, The severe and ongoing crisis in the electric industry in the western United States is both an immediate threat and a continuing danger to the economy of this state and to the health, safety and welfare of the residents of this state; and
Whereas, Until the severe and ongoing crisis in the electric industry in the western United States has sufficiently abated, this state must maintain its comprehensive regulation over electric utilities and its traditionally broad jurisdiction and control over electric generation assets to promote stability and predictability in the electric industry, to foster confidence in the financial markets, to ensure that consumers have adequate and reliable electric service and to protect the public from unjust and unreasonable utility rates; now, therefore,”.
Amend the title of the bill by deleting the fourth through sixth lines and inserting: “of such assets after that period; requiring certain electric utilities to use deferred accounting under certain circumstances; repealing provisions pertaining to the competitive provision of retail electric service; requiring the public utilities commission of Nevada to take certain actions to carry out the provisions of this act; establishing certain requirements and making various changes relating to the rates charged by certain electric utilities; requiring certain entities to obtain approval from the commission before carrying out certain transactions; and”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Townsend, Neal and Raggio.
Conflict of interest declared by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 4.
Bill read third time.
Remarks by Senators Carlton, Townsend, O'Donnell, Coffin and Neal.
Conflict of interest declared by Senator Porter.
Senator Coffin disclosed that although he is an insurance agent, this bill does not affect his business interests.
Roll call on Senate Bill No. 4:
Yeas—15.
Nays—Carlton, Mathews, Neal, Titus, Wiener—5.
Not Voting—Porter.
Senate Bill No. 4 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 150.
Bill read third time.
Remarks by Senator Titus.
Roll call on Senate Bill No. 150:
Yeas—21.
Nays—None.
Senate Bill No. 150 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 159.
Bill read third time.
Remarks by Senators Neal and Rhoads.
Roll call on Senate Bill No. 159:
Yeas—21.
Nays—None.
Senate Bill No. 159 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 499.
Bill read third time.
Roll call on Senate Bill No. 499:
Yeas—21.
Nays—None.
Senate Bill No. 499 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Joint Resolution No. 2.
Resolution read third time.
Remarks by Senators Rhoads and Coffin.
Roll call on Senate Joint Resolution No. 2:
Yeas—16.
Nays—Care, Carlton, Coffin, Titus, Wiener—5.
Senate Joint Resolution No. 2 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Resolution ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bills Nos. 12, 14, 150, 151, be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Nicole Trotts, Paul Wills, Patti Chipman and Dee McGinness.
Senator Raggio moved that the Senate adjourn until Tuesday, April 17, 2001 at 11 a.m.
Motion carried.
Senate adjourned at 1:40 p.m.
Approved:Lawrence E. Jacobsen
President pro Tempore of the Senate
Attest: Claire J. Clift
Secretary of the Senate