THE EIGHTIETH DAY
Carson City(Wednesday), April 25, 2001
Senate called to order at 10:41 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present.
Prayer by the Chaplain, Reverend Jeffrey Paul.
O Lord our Governor, whose glory is in all the world: We commend the State of Nevada to Your care, that we may all dwell in Your peace. Grant to this Senate and to all in authority wisdom and strength to know and do Your will. With resources scarcer and scarcer, we vow with all beings this day to consider the law of proportion: our “have” is another’s “have-not.” Make us mindful of our calling to serve Your people, and all creation; one God, world without end.
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 Commerce and Labor, to which were referred Senate Bills Nos. 85, 245, 416, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Randolph J. Townsend, Chairman
Mr. President pro Tempore:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 489, 552, 565, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Ann O'Connell, Chairman
Mr. President pro Tempore:
Your Committee on Natural Resources, to which were referred Senate Bills Nos. 267, 531; Senate Joint Resolution No. 12, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Dean A. Rhoads, Chairman
Mr. President pro Tempore:
Your Committee on Taxation, to which was referred Senate Bill No. 122, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mike McGinness, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, April 24, 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. 482, 653.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 37, 182, 259, 294, 353, 386, 484, 489, 560, 576, 627.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
WAIVERS AND EXEMPTIONS
Notice of Exemption
April 24, 2001
The Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has determined the exemption of: Senate Bill No. 56.
Gary Ghiggeri
Fiscal Analysis Division
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that for this legislative day the Secretary of the Senate dispense with reading the histories and titles of all bills and resolutions.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that for this legislative day all Senate bills and resolutions reported out of committee with amendments be immediately placed on the appropriate reading file, time permitting.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 37.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 182.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 259.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 294.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 353.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 386.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 482.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 484.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 489.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 560.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 576.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 627.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 653.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 141.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 533.
Amend the bill as a whole by deleting sections 1 through 6 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. 1. The Legislative Commission shall appoint a subcommittee consisting of legislators to conduct an interim study of the State Fire Marshal Division of the Department of Motor Vehicles and Public Safety.
2. In addition to the subcommittee described in subsection 1, the Legislative Commission shall appoint an advisory committee to assist the subcommittee. The advisory committee must consist of the members of:
(a) The State Board of Fire Services; and
(b) The Fire Service Standards and Training Committee.
3. The interim study described in subsection 1 must include, without limitation, a comprehensive assessment of:
(a) The funding, organization, staffing, functions, efficiency and accountability of the State Fire Marshal Division of the Department of Motor Vehicles and Public Safety;
(b) The legislative mandates imposed upon the State Fire Marshal Division of the Department of Motor Vehicles and Public Safety;
(c) The levels of service provided by the State Fire Marshal Division of the Department of Motor Vehicles and Public Safety and the methods of delivering such service; and
(d) The relationship between the State Fire Marshal Division of the Department of Motor Vehicles and Public Safety and other agencies that provide fire services within this state.
4. The Department of Motor Vehicles and Public Safety shall provide administrative and financial support to carry out the interim study.
Sec. 2. 1. The Legislative Commission shall submit a report of the results of the interim study conducted pursuant to section 1 of this act and any recommended legislation to the 72nd session of the Nevada Legislature. The report must address each component of the interim study described in section 1 of this act.
2. Any recommended legislation proposed by the subcommittee appointed pursuant to section 1 of this act must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the subcommittee.”.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
“Whereas, The fire service of the state has, for more than 20 years, been making recommendations regarding the State Fire Marshal Division of the Department of Motor Vehicles and Public Safety; and
Whereas, The majority of such recommendations made by the fire service of the state have not been addressed; and
Whereas, Many issues regarding the State Fire Marshal Division of the Department of Motor Vehicles and Public Safety are affecting agencies that provide fire services within this state in a negative manner; and
Whereas, Many duties and functions assigned by law to the State Fire Marshal Division of the Department of Motor Vehicles and Public Safety are not being performed or are not being performed in their entirety; and
Whereas, The Governor of this state currently appoints members to both the State Board of Fire Services and the Fire Service Standards and Training Committee; and
Whereas, The safety and well-being of the residents of and visitors to this state depends upon the agencies that provide fire services within this state; now, therefore”.
Amend the title of the bill to read as follows:
“AN ACT relating to fire services; directing the Legislative Commission to conduct an interim study concerning the State Fire Marshal Division of the Department of Motor Vehicles and Public Safety; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Senator Raggio moved that Senate Bill No. 141 be re-referred to the Committee on Legislative Affairs and Operations upon return from reprint.
Remarks by Senator Raggio.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Legislative Affairs and Operations.
Assembly Bill No. 162.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 567.
Amend section 1, page 1, by deleting lines 2 and 3 and inserting: “205.0832 A person commits”.
Amend section 1, page 1, line 5, by deleting “[1.] (a)” and inserting “1.”.
Amend section 1, page 1, line 7, by deleting “[2.] (b)” and inserting “2.”.
Amend section 1, page 1, line 12, by deleting “[3.] (c)” and inserting “3.”.
Amend section 1, page 2, line 4, by deleting “[4.] (d)” and inserting “4.”.
Amend section 1, page 2, line 8, by deleting “[5.] (e)” and inserting “5.”.
Amend section 1, page 2, line 10, by deleting “[6.] (f)” and inserting “6.”.
Amend section 1, page 2, line 15, by deleting “[7.] (g)” and inserting “7.”.
Amend section 1, page 2, line 17, by deleting “[8.] (h)” and inserting “8.”.
Amend section 1, page 2, line 19, by deleting “[9.] (i)” and inserting “9.”.
Amend section 1, page 2, line 21, by deleting “(j)” and inserting “10.”.
Amend section 1, page 2, by deleting lines 24 through 28.
Amend the bill as a whole by deleting sec. 2 and renumbering sec. 3 as sec. 2.
Amend the title of the bill, third line, by deleting: “under certain circumstances”.
Senator Care moved the adoption of the amendment.
Remarks by Senator Care.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 176.
Bill read second time and ordered to third reading.
Assembly Bill No. 293.
Bill read second time and ordered to third reading.
Assembly Bill No. 441.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 1.
Resolution read second time and ordered to third reading.
Assembly Joint Resolution No. 4.
Resolution read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 26.
Bill read third time.
Roll call on Senate Bill No. 26:
Yeas—21.
Nays—None.
Senate Bill No. 26 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 101.
Bill read third time.
Roll call on Senate Bill No. 101:
Yeas—21.
Nays—None.
Senate Bill No. 101 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 167.
Bill read third time.
Roll call on Senate Bill No. 167:
Yeas—21.
Nays—None.
Senate Bill No. 167 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator James moved that Senate Bill No. 194 be taken from the General File and re-referred to the Committee on Finance.
Remarks by Senator James.
Motion carried.
Senator James moved that Senate Bill No. 261 be taken from the General File and re-referred to the Committee on Finance.
Remarks by Senator James.
Motion carried.
Senator Townsend moved that Senate Bill No. 307 be taken from the General File and re-referred to the Committee on Finance.
Remarks by Senator Townsend.
Motion carried.
Senator O'Donnell moved that Senate Bill No. 478 be taken from the General File and re-referred to the Committee on Finance.
Remarks by Senator O'Donnell.
Motion carried.
GENERAL FILE AND THIRD READING
Senate Bill No. 210.
Bill read third time.
Remarks by Senators Neal and Townsend.
Conflict of interest declared by Senator Raggio.
Roll call on Senate Bill No. 210:
Yeas—20.
Nays—None.
Not Voting—Raggio.
Senate Bill No. 210 having received a two-thirds majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 250.
Bill read third time.
Roll call on Senate Bill No. 250:
Yeas—21.
Nays—None.
Senate Bill No. 250 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 288.
Bill read third time.
Remarks by Senators Neal, O'Donnell, Coffin, Mathews, James, Care and Rhoads.
Roll call on Senate Bill No. 288:
Yeas—19.
Nays—Coffin, Mathews—2.
Senate Bill No. 288 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 297.
Bill read third time.
Roll call on Senate Bill No. 297:
Yeas—21.
Nays—None.
Senate Bill No. 297 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 301.
Bill read third time.
The following amendment was proposed by Senator Townsend:
Amendment No. 563.
Amend the bill as a whole by renumbering sec. 8 as sec. 24 and adding new sections designated sections 8 through 23, following sec. 7, to read as follows:
“Sec. 8. Chapter 623 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 and 10 of this act.
Sec. 9. “Responsible control” means the amount of control over and detailed knowledge of the content of a technical submission during its preparation that is ordinarily exercised by a registered architect, registered interior designer or residential designer, as applicable, when applying the normal standard of professional care.
Sec. 10. The board may accept satisfactory evidence of registration as an interior designer in another jurisdiction where the qualifications required are equal to those required in paragraphs (d) and (e) of subsection 1 of NRS 623.192 at the date of application. Before the board may accept that evidence, the applicant must pass the examination required pursuant to the provisions of subsection 3 of NRS 623.200.
Sec. 11. NRS 623.015 is hereby amended to read as follows:
623.015 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 623.017 to 623.027, inclusive, and section 9 of this act, have the meanings ascribed to them in those sections.
Sec. 12. NRS 623.025 is hereby amended to read as follows:
623.025 The “practice of residential design” consists of rendering services embracing the scientific, esthetic or orderly coordination of processes which enter into [the] :
1. The production of a completed [single-family dwelling units and multifamily dwelling structures that do] :
(a) Single-family dwelling unit; or
(b) Multifamily dwelling structure that does not exceed two stories in height and [are] is composed of not more than four units in [each structure or the utilization] that structure; and
2. The use of space within and surrounding [those units or structures,] the unit or structure,
performed through the medium of plans, specifications, administration of construction, preliminary studies, consultations, evaluations, investigations, contract documents and advice and direction.
Sec. 13. NRS 623.050 is hereby amended to read as follows:
623.050 1. The state board of architecture, interior design and residential design, consisting of nine members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) Five members who are registered architects and have been in the active practice of architecture in the State of Nevada for not less than 3 years preceding their appointment.
(b) One member who is a registered residential designer.
(c) Two members who are registered interior designers and who are not registered architects or residential designers.
(d) One member who is a representative of the general public.
3. Members of the board must have been residents of this state for not less than 2 years preceding their appointment.
4. The governor may, upon a bona fide complaint, and for good cause shown, after 10 days’ notice to any member against whom charges may be filed, and after opportunity for hearing, remove the member for inefficiency, neglect of duty or malfeasance in office.
[5. The member who is a residential designer shall not participate in the investigation or acceptance of his application or in the grading or certification of his examination.
6. The members who are registered interior designers shall not participate in the investigation or acceptance of their applications or in the grading or certification of their examinations.]
Sec. 14. NRS 623.180 is hereby amended to read as follows:
623.180 1. No person may practice:
(a) Architecture or use the title of architect;
(b) Residential design or use the title of residential designer; or
(c) As a registered interior designer or use the title of registered interior designer, in this state without having a certificate of registration issued to him pursuant to the provisions of this chapter.
2. Whenever the requirements for registration pursuant to the provisions of this chapter have been fully complied with and fulfilled by an applicant, the board shall issue to the successful applicant a certificate as a registered architect, registered interior designer or residential designer. [If the certificate will be issued after the beginning of a biennium, the applicant shall pay the full fee which is prescribed.] Each certificate of registration issued by the board expires on December 31 of each year. The board shall, by regulation, establish a schedule of prorated fees for a certificate of registration that is issued for less than 1 year.
3. The certificate is synonymous with registration with a serial number and seal. A person who is issued a certificate may practice architecture or residential design or may practice as a registered interior designer in this state, subject to the provisions of this chapter and the regulations of the board.
4. The unauthorized use or display of a certificate of registration is unlawful.
Sec. 15. NRS 623.185 is hereby amended to read as follows:
623.185 1. Upon being issued a certificate of registration, each registered architect, registered interior designer or residential designer shall obtain a seal of the design authorized by the board, bearing the architect’s, registered interior designer’s or residential designer’s name, the number of his certificate of registration, and the legend “Registered Architect,” “Registered Interior Designer” or “Residential Designer.”
2. [Plans, specifications, reports and other documents] A plan, specification, report or other document issued by a registered architect, registered interior designer or residential designer for official use must be signed, sealed and dated [on the title page by the architect or designer.] by him. The board may adopt regulations specifying the manner in which a registered architect, registered interior designer or residential designer may electronically transmit such a plan, specification, report or other document.
3. It is unlawful for a person to stamp or seal any [plans, specifications, reports or other documents] plan, specification, report or other document with the seal after the certificate of registration of the architect, registered interior designer or residential designer, named therein, has expired or has been suspended or revoked, unless the certificate has been renewed or reissued.
4. Any plan, drawing, specification or other document prepared by a registered interior designer must contain a statement that the plan, study, drawing, specification or other document was prepared by a registered interior designer registered pursuant to the provisions of this chapter.
Sec. 16. NRS 623.190 is hereby amended to read as follows:
623.190 1. Any person who is at least 21 years of age and of good moral character and who meets the requirements for education and practical training established by the board by regulation may apply to the board for registration pursuant to the provisions of this section as an architect.
2. Each year of study, up to and including 5 years of study, satisfactorily completed in an architectural program accredited by the National Architectural Accrediting Board[, any program of architecture in the State of Nevada] or any architectural program approved by the state board of architecture, interior design and residential design is considered equivalent to 1 year of experience in architectural work for the purpose of registration as an architect.
3. The board shall, by regulation, establish standards for examinations which must be consistent with standards employed by other states. The board may adopt the standards of the National Council of Architectural Registration Boards, and the examination and grading procedure of that organization, as they exist on the date of adoption. Examinations may include tests in such technical and professional subjects as are prescribed by the board.
4. If the board adopts the examination of the National Council of Architectural Registration Boards, an applicant for registration as an architect who wishes to:
(a) Take the examination must pay to the entity which administers the examination the fee charged by that entity for taking the examination and pay to the board a processing fee as provided in NRS 623.310.
(b) Retake any part or parts of the examination which he previously failed must pay to the entity which administers the examination the fee charged by that entity for retaking [such] that part or parts.
5. Any person who is at least 21 years of age and of good moral character and who has a total of 5 years of credit for education or practical training, or a combination thereof which is acceptable to the board, may apply to the board for registration as a residential designer. The board shall, by regulation, establish the amount of credit allowed for education, practical training or a combination thereof.
6. The board shall, by regulation, establish the standards for the examination to qualify as a residential designer . [, which may be required as part of the examination to be an architect.] The examination must consist of at least [:
(a) A written examination covering:
(1)] the following subjects:
(a) Structural technology;
[(2)] (b) Materials and methods of construction;
[(3)] (c) Systems for environmental control; and
[(4)] (d) Graphic design . [; and
(b) An oral interview of the applicant by the board upon the successful completion of the written portion of the examination.]
7. Before being issued a certificate of registration to engage in the practice of architecture or residential design, each applicant must personally appear before the board to take an oath prescribed by the board.
8. Any application to the board may be denied for any violation of the provisions of this chapter.
Sec. 17. NRS 623.192 is hereby amended to read as follows:
623.192 1. An applicant for a certificate of registration to practice as a registered interior designer must be of good moral character and submit to the board:
(a) An application on a form provided by the board;
(b) The fees required pursuant to NRS 623.310;
(c) The statement required pursuant to NRS 623.225;
(d) Proof which is satisfactory to the board that he has : [completed:]
(1) At least [5 years of education in a program of interior design or an equivalent number of credits and at least 1 year] 2 years of experience in interior design; [or
(2) At least 4 years of education in] and
(2) Successfully completed a program of interior design [or an equivalent number of credits and at least 2 years of experience in interior design;] accredited by the Foundation for Interior Design Education Research or a substantially equivalent program approved by the board; and
(e) A certificate issued by the National Council for Interior Design Qualification as proof that he has passed the examination prepared and administered by that organization.
2. [Each program of interior design must be accredited by the Foundation for Interior Design Education Research or approved by the board.
3.] The board shall, by regulation, adopt the standards of the National Council for Interior Design Qualification for the experience [and equivalent credits] required pursuant to the provisions of subsection 1 as those standards exist on the date of the adoption of the regulation.
3. Before being issued a certificate of registration to practice as a registered interior designer, each applicant must personally appear before the board to take an oath prescribed by the board.
4. Any application submitted to the board may be denied for any violation of the provisions of this chapter.
Sec. 18. NRS 623.220 is hereby amended to read as follows:
623.220 1. The board shall issue a certificate of registration as an architect or a residential designer, upon payment of a registration fee pursuant to the provisions of subsection 2 of NRS 623.180 or NRS 623.310, to any applicant who complies with the provisions of NRS 623.190 and 623.225 and passes the examinations, or in lieu thereof , brings himself within the provisions of NRS 623.210.
2. The board shall issue a certificate of registration to practice as a registered interior designer , upon payment of a registration fee pursuant to the provisions of NRS 623.180 or 623.310 , to any applicant who complies with the provisions of NRS 623.192, 623.200 and 623.225[.] , or in lieu thereof, brings himself within the provisions of section 10 of this act.
3. Certificates of registration must include the full name of the registrant, have a serial number and be signed by the chairman and the secretary of the board under seal of the board. The issuance of a certificate of registration by the board is evidence that the person named therein is entitled to all the rights and privileges of an architect, registered interior designer or residential designer while the certificate remains unsuspended, unrevoked and unexpired.
Sec. 19. NRS 623.250 is hereby amended to read as follows:
623.250 1. Each architect, registered interior designer or residential designer who [holds] wishes to renew a certificate of registration issued to him pursuant to the provisions of this chapter [shall, before or during the month of December of each year preceding a biennium during which he desires to continue:
(a) The practice of architecture or residential design; or
(b) To practice as a registered interior designer,
submit a renewal fee] must submit to the board:
(a) The fees required for renewal pursuant to the provisions of this chapter[, proof] ;
(b) Proof of compliance with all of the requirements established by the board for continuing education for the renewal of the certificate of registration; and [the]
(c) The statement required pursuant to the provisions of NRS 623.225.
2. Upon receipt of the fees required for renewal , [fee,] proof satisfactory to the board of compliance with all of the requirements established by the board for continuing education and the statement, the secretary of the board shall execute and issue a certificate renewal card to the applicant, certifying that his certificate of registration is renewed for [the term of a biennium.] 1 year after its date of expiration. The certificate renewal card must bear a serial number and the signature or a facsimile thereof of the secretary of the board or the executive director and must bear the seal of the board.
3. The renewal must be recorded, together with its serial number, by the secretary of the board in the official register of the board pursuant to the provisions of NRS 623.230.
Sec. 20. NRS 623.270 is hereby amended to read as follows:
623.270 1. The board may place the holder of any certificate of registration issued pursuant to the provisions of this chapter on probation, reprimand him, fine him not more than $10,000, suspend or revoke his license, impose the costs of investigation and prosecution upon him or take any combination of these disciplinary actions, if proof satisfactory to the board is presented that:
(a) The certificate was obtained by fraud or concealment of a material fact.
(b) The holder of the certificate has been found guilty by the board or by a court of justice of any fraud, deceit or concealment of a material fact in his professional practice, or has been convicted by a court of justice of a crime involving moral turpitude.
(c) The holder of the certificate has been found guilty by the board of incompetency, negligence or gross negligence in:
(1) The practice of architecture or residential design; or
(2) His practice as a registered interior designer.
(d) The holder of a certificate has affixed his signature or seal to plans, drawings, specifications or other instruments of service which have not been prepared by him or in his office, or under his [direct supervision,] responsible control, or has permitted the use of his name to assist any person who is not a registered architect, registered interior designer or residential designer to evade any provision of this chapter.
(e) The holder of a certificate has aided or abetted any unauthorized person to practice:
(1) Architecture or residential design; or
(2) As a registered interior designer.
(f) The holder of the certificate has violated any law, regulation or code of ethics pertaining to:
(1) The practice of architecture or residential design; or
(2) Practice as a registered interior designer.
(g) The holder of a certificate has failed to comply with an order issued by the board or has failed to cooperate with an investigation conducted by the board.
2. If discipline is imposed pursuant to the provisions of this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.
[2.] 3. The conditions for probation imposed pursuant to the provisions of subsection 1 may include, but are not limited to:
(a) Restriction on the scope of professional practice.
(b) Peer review.
(c) Required education or counseling.
(d) Payment of restitution to [all parties] each person who suffered harm or loss.
(e) Payment of all costs of the administrative investigation and prosecution.
[3.] 4. As used in this section:
(a) “Gross negligence” means conduct which demonstrates a reckless disregard of the consequences affecting the life or property of another person.
(b) “Incompetency” means conduct which, in:
(1) The practice of architecture or residential design; or
(2) Practice as a registered interior designer,
demonstrates a significant lack of ability, knowledge or fitness to discharge a professional obligation.
(c) “Negligence” means a deviation from the normal standard of professional care exercised generally by other members in:
(1) The profession of architecture or residential design; or
(2) Practice as a registered interior designer.
Sec. 21. NRS 623.333 is hereby amended to read as follows:
623.333 1. An architect [or a residential designer] who is registered pursuant to the provisions of this chapter is not required to obtain a certificate of registration to practice as a registered interior designer.
2. A residential designer who is registered pursuant to the provisions of this chapter is not required to obtain a certificate of registration to practice as a registered interior designer while engaged in the practice of residential design.
Sec. 22. NRS 623.350 is hereby amended to read as follows:
623.350 1. [Every] Each office or place of business in this state of any partnership, corporation, limited-liability company or other business organization or association [engaged] that engages in the practice of architecture or residential design, or practice as a registered interior designer pursuant to the provisions of NRS 623.349 [shall] must have an architect , registered interior designer or residential designer who is a resident of this state and holds a certificate of registration issued pursuant to this chapter regularly working in the office or place of business and [directly] having responsible control for the [administration of the] architecturalwork or work relating to engaging in practice as a registered interior designer conducted in the office or place of business. The provisions of this subsection do not apply to partnerships, corporations, limited-liability companies or other business organization or associations [engaged] that engage in the practice of architecture or residential design or practice as a registered interior designer at offices established for construction administration.
2. A registrant or licensee practicing in a business organization or association which holds a certificate issued pursuant to NRS 623.349 remains subject to NRS 89.220.
3. If a person who is not registered or licensed, or a registrant or licensee who is not an owner, and who is employed by or affiliated with a business organization or association which holds a certificate issued pursuant to NRS 623.349 is found by the board to have violated a provision of this chapter or a regulation of the board, the board may hold the business organization or association and the registrants and licensees who are owners responsible for the violation.
Sec. 23. NRS 623.353 is hereby amended to read as follows:
623.353 A residential designer shall not engage in rendering services for any building or structure not specified in NRS 623.025 unless he does so under the [direct supervision] responsible control of a registered architect. In such cases , the architect is the sole contracting party, has full responsibility for the work performed by the residential designer, shall supervise any work performed by the residential designer and shall file the agreement between the residential designer and the architect with the secretary of the board within 10 days after the execution of the agreement.”.
Amend the bill as a whole by renumbering sec. 9 as sec. 27 and adding new sections designated sections 25 and 26, following sec. 8, to read as follows:
“Sec. 25. Section 39 of chapter 512, Statutes of Nevada 1995, at page 1705, is hereby amended to read as follows:
Sec. 39. The state board of architecture, interior design and residential design shall issue a certificate of registration to practice interior design to any person who:
1. Submits to the board, not later than December 31, 1999, a form prescribed by the board declaring his intention to apply for a certificate of registration to practice interior design;
2. Is of good moral character and submits to the board : [, not later than December 31, 2004:]
(a) An application on a form provided by the board;
(b) The fees required pursuant to NRS 623.310;
(c) Proof which is satisfactory to the board that he has completed at least 2 years of education in a program of interior design or an equivalent number of credits and at least 4 years of experience in interior design or residential interior design; and
(d) A certificate issued by the National Council for Interior Design Qualification as proof that he has passed the examination prepared and administered by that organization; and
3. Complies with the requirements of subsection 3 of NRS 623.200 . [not later than December 31, 2004.]
Sec. 26. A certificate of registration issued to an architect, registered interior designer or residential designer by the state board of architecture, interior design and residential design that expires on December 31, 2002, remains effective until that date.”.
Amend the title of the bill to read as follows:
“AN ACT relating to professions; revising the provisions governing the formation and operation of a professional corporation or association by certain multiple disciplines; authorizing the state board of architecture, interior design and residential design to accept satisfactory evidence of registration as an interior designer in another jurisdiction under certain circumstances; repealing certain provisions governing a member of the board who is a residential designer or registered interior designer; providing that a certificate of registration issued to an architect, registered interior designer or residential designer must be renewed annually; revising the qualifications to apply for registration as an architect or registered interior designer; revising the circumstances under which a residential designer may engage in practice as a registered interior designer; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning certain professions. (BDR 7‑634)”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 311.
Bill read third time.
Remarks by Senators Rawson, Schneider and Mathews.
Senator Rawson requested that the following remarks be entered in the Journal.
Senator Rawson:
Thank you, Mr. President pro Tempore. There were questions about this bill yesterday on whether or not there was a fiscal note. I did contact the Clark County School District, which the bill directly affects. They indicated that, no, they have existing committees including the bond oversight committee that can easily fit this into their schedule, and that it will require no additional costs to them.
Senator Schneider:
Thank you, Mr. President pro Tempore. This is a very important bill, today, because it affects the education of our children. It came to my attention when I served as vice-chair for the Senator formerly of Boulder City, in 1995, on an interim study to reduce the size of school districts. That study stated that, first of all, the size of the school district made no difference in the education of children.
Secondly, the experts we hired said the size of schools made a big difference in the education of children. They stated the size of the high school should be at about 900 students; the size of a middle school should be from 500 to 600 pupils, and the size of an elementary school should consist of 300 pupils.
Currently in Las Vegas, our high schools have been running at about 3,600 pupils. Our newest high school is now over 4,000 in population. Last week the Center for Disease Control in Atlanta stated that the most stressful job in the United States, today, is a high school teacher in an intercity school.
We are building these huge factories for schools. The teachers have high-stress jobs, and we are not producing good students. This study also said that smaller schools would give us better students especially in the minority and low-income population groups. For that reason, it is time that we, in Las Vegas and around the State, take a look at the size of our schools and make plans to build smaller schools.
I know the Majority Leader had a bill earlier this session requiring parent involvement in schools and in their children’s education. The children today, in these schools of up to 4,000, have no opportunity to experience a true high school education. They cannot get into Key Club. They cannot get on the basketball teams or in the band because they are turned away. That is eliminating their chance for a better education. Children who are involved in these programs perform much better. With that, Mr. President pro Tempore, I ask everyone to support this bill.
Senator Rawson:
Thank you, again, Mr. President pro Tempore. The issue of the physical size of the schools is important. What the bill doesn’t address directly is the size of the learning environment. I would hope that if they go into a serious discussion of these issues, now, that they would look at the idea of separating some students into smaller learning environments within the bigger schools. There is a lot of creativity possible. They should use this as an opportunity to get into that whole issue.
Senator Mathews:
Thank you, Mr. President pro Tempore. I just wanted to stand in support of this particular measure. I did want to point out that smaller schools benefit all children, not just minority children.
Roll call on Senate Bill No. 311:
Yeas—21.
Nays—None.
Senate Bill No. 311 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 327.
Bill read third time.
Remarks by Senators Titus and Rhoads.
Senator Titus requested that the following remarks be entered in the Journal.
Senator Titus:
Thank you, Mr. President pro Tempore. I would like for someone to put on the record that this does not do anything to weaken our standards or lower our requirements for the transportation of hazardous material.
Senator Rhoads:
Thank you, Mr. President pro Tempore. This bill simply clears up the statutes concerning the transportation of hazardous waste. It seems there was a conflict between the Nevada Highway Patrol and the Division of Environmental Protection. What this bill does is to make clear that the Nevada Highway Patrol Division is the one clearly responsible for enforcing those regulations.
Senator Titus:
Thank you, Mr. President pro Tempore. Was the State’s Environmental Protection Division all right with this? Will they still get their grants? Are they still responsible for aspects of hazardous material?
Senator Rhoads:
Thank you, Mr. President pro Tempore: Yes, they work together. They still have their responsibilities, but as far as stopping vehicles, it is certainly the Highway Patrol’s responsibility. In the past, they both had authority to stop somebody, but it was truly a duty of the Highway Patrol.
Roll call on Senate Bill No. 327:
Yeas—21.
Nays—None.
Senate Bill No. 327 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 337.
Bill read third time.
Roll call on Senate Bill No. 337:
Yeas—21.
Nays—None.
Senate Bill No. 337 having received a two-thirds majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 356.
Bill read third time.
Remarks by Senators Neal and James.
Roll call on Senate Bill No. 356:
Yeas—21.
Nays—None.
Senate Bill No. 356 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 377.
Bill read third time.
Remarks by Senators Rawson and Neal.
Senator Rawson requested that the following remarks be entered in the Journal.
Senator Rawson:
Thank you, Mr. President pro Tempore. I wanted to make a few comments about this because we had some discussion about the amendment. The measure changes the state disproportionate share or intergovernmental transfer program to allow public hospitals and counties with private hospitals to keep a larger share of the net disproportionate share benefit. This is accomplished by changing the calculations for the return of the intergovernmental transfer. It also allows for the reallocation of dish payments in Clark County to include payments to private hospitals that qualify to receive the payments.
The measure assures that rural hospitals will receive an additional amount. Public hospitals that are in a county and are a county’s only hospital will receive $50,000. I would like to read in some of the specific amounts so that people are aware of them. I can give the additional net benefit for fiscal year 2002–2003.
The University Medical Center in Clark County would receive a net benefit increase of $107,000, the first year and $197,900, the second year. Washoe Medical Center receives $50,000, additional, each year. Carson Tahoe Hospital has $118,000, the first year and $125,000, the second. Churchill Community Center received $63,000, the first year and $67,000, the second. There are a series of small hospitals that receive $25,000. They are Nye Regional Medical Center, Humboldt General Hospital, William B. Ririe Hospital, Mt. Grant General Hospital—all receive $25,000, a year. Grover C. Dills Hospital, Battle Mountain Hospital and Pershing General Hospital receive $50,000, additional, a year and that leaves two remaining hospitals. Lake Mead Hospital will receive $487,000, both years. Sunrise Hospital will receive $994,000, both years. It is an attempt to get some of this new federal money out to all of the hospitals which are carrying this disproportionate share burden. It is still recognized that the University Medical Center is the biggest provider in the State, and the program has some net benefit to them.
Senator Neal:
Mr. President pro Tempore, I have listened intently to the statement that the Senator of the Human Resources Committee has made with the understanding that the University Medical Center is the hospital that is actually generating these particular funds and with the understanding that this hospital is located in the fastest growing area of this particular State. It would seem to me that the hospital would be getting more of the $2 million in funds that have become available. They should be getting more of those particular funds.
I do not have any particular objection to giving money to or dividing money with other hospitals throughout the State for uncompensated care, but when I hear that the HCA hospital in Las Vegas is getting about a million dollars of these funds then that troubles me greatly. HCA hospitals made billions of dollars last year. They took in more money under this uncompensated care program than the University Medical Center did. But yet, for some reason we are now giving them a lot of money. This HCA hospital, which we know as Sunrise Hospital, is now receiving money to the tune of about a million dollars from this particular program. They have just gone through a large lawsuit in which they were required to pay out over a billion dollars to settle that lawsuit due to Medicaid fraud and abuse, and now, we are giving them more money!
We have a hospital that is public in Clark County which needs these particular funds, and we have, now, maintained the status quo with that hospital. I know this will probably pass this particular house, but I am speaking to the other House down the hall to let them understand what is coming here. We should not be compensating Sunrise Hospital, HCA hospital, to the tune of a million dollars that they will be getting from this program because they do not deserve it. There is nothing in the record to indicate that they deserve this amount of money. They should not have it.
Senator Rawson:
This is an adjustment that deals with a long-standing issue. The net benefit to the University Medical Center is actually $14,500,000. That is $14 million dollars they are receiving and the hospital mentioned is receiving $994,000. You must look at the whole issue of what this reformulation does. It gets critical money out to a number of hospitals that are actually failing. In trying to do that, you cannot simply distribute this money on a whim to whomever you think is good and whomever you think is bad. This is a formula that has to do with the number of patients who are seen and for whose treatment the hospitals are not compensated. The fact is that this hospital is doing a fair amount of that work, and through the formula change, is now able to receive their fair share of the new money. We can have our personal preferences; we can have our concerns about the wars we have fought in the past, but in our efforts to create law and formulas, we should try to do that as fairly as we can. We must always have the bigger picture in mind. I am satisfied that the formula, which was actually developed by the Department of Human Resources, is trying to do this fairly. I realize that there may be disagreements on that.
Senator Neal:
Mr. President pro Tempore, I want it understood that I do not have a problem with hospitals getting the money that is needed. The community hospital in North Las Vegas deserves to get the money. But look at what they are getting in comparison to Sunrise Hospital. They treat more indigent patients than Sunrise. But they do not get more money. I would submit that the increase funding that is now going to Sunrise is going to help pay for that lawsuit that they just went through where they had to pay out all that big money. We are contributing to them by allowing them to take Medicaid money to pay for that when they defrauded Medicaid.
Roll call on Senate Bill No. 377:
Yeas—18.
Nays—Carlton, Neal—2.
Not Voting—Titus.
Senate Bill No. 377 having received a two-thirds majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 380.
Bill read third time.
Remarks by Senator Titus.
Roll call on Senate Bill No. 380:
Yeas—16.
Nays—Care, Carlton, Neal, Titus, Wiener—5.
Senate Bill No. 380 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 396.
Bill read third time.
Senator McGinness moved that Senate Bill No. 396 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator McGinness.
Motion carried.
Senate Bill No. 399.
Bill read third time.
Roll call on Senate Bill No. 399:
Yeas—21.
Nays—None.
Senate Bill No. 399 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 405.
Bill read third time.
Senator Rawson disclosed that his son is a podiatrist.
Roll call on Senate Bill No. 405:
Yeas—21.
Nays—None.
Senate Bill No. 405 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 418.
Bill read third time.
Roll call on Senate Bill No. 418:
Yeas—21.
Nays—None.
Senate Bill No. 418 having received a two-thirds majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 419.
Bill read third time.
Senator Schneider disclosed that he is a principal in a time share company.
Roll call on Senate Bill No. 419:
Yeas—21.
Nays—None.
Senate Bill No. 419 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 482.
Bill read third time.
Roll call on Senate Bill No. 482:
Yeas—18.
Nays—Care, Carlton, Titus—3.
Senate Bill No. 482 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 483.
Bill read third time.
Roll call on Senate Bill No. 483:
Yeas—21.
Nays—None.
Senate Bill No. 483 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 488.
Bill read third time.
Remarks by Senators Titus and O'Donnell.
Senator Titus requested that the following remarks be entered in the Journal.
Senator Titus:
Thank you, Mr. President pro Tempore. The proponents can use all the fancy financial jargon they would like, but the bottom line is that Senate Bill No. 488 is a fast–money scheme, which has been adopted by only two states, Alaska and South Carolina. It is a scheme that allows private investors, including possibly the tobacco companies themselves, to make a lot of money while Nevada will lose millions of dollars, dollars that are sorely needed to fund millennium scholarships, senior prescription drug program, respite care, health care for children and the disabled, all the programs depending on tobacco money which we identified in A.B. No. 474 of last session. Please do not shortchange these critical programs and do not be in such hurry to “bet on the come” with Nevada’s tobacco settlement dollars.
Senator O'Donnell:
Thank you Mr. President pro Tempore. I find myself disagreeing with my Minority Leader. I hold in my hands, today, a copy of the “Bond Buyer” regional news covering the Iowa Legislature. The headlines say, “Iowa Legislature Moves Forward With Tobacco Securitization Plan.” Legislatures all over the country are looking at this and calculating whether or not it is more risky to depend on four companies to produce this tobacco settlement money over a period of 20 years or whether it is less risky to take that money now and put it in the State’s portfolio to yield a higher rate of return. This is not a financial scheme, or money scheme. This is financial management. Those who do not understand the time management of money may think it a scheme or a financial money scheme, but it is not. It is clearly a piece of legislation to secure the tobacco money for the students who desire to go to our university systems in the next 10 years. This is a good measure.
Roll call on Senate Bill No. 488:
Yeas—18.
Nays—Carlton, Neal, Titus—3.
Senate Bill No. 488 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 521.
Bill read third time.
Roll call on Senate Bill No. 521:
Yeas—18.
Nays—Carlton, Neal, Titus—3.
Senate Bill No. 521 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 528.
Bill read third time.
The following amendment was proposed by Senator Neal:
Amendment No. 598.
Amend the bill as a whole by deleting sec. 3 and adding new sections designated sections 3 and 4, following sec. 2, to read as follows:
“Sec. 3. NRS 374.287 is hereby amended to read as follows:
374.287 1. There are exempted from the taxes imposed by this chapter the gross receipts from sales and the storage, use or other consumption of:
(a) Prosthetic devices, orthotic appliances and ambulatory casts for human use, and other supports and casts if prescribed or applied by a licensed provider of health care, within his scope of practice, for human use.
(b) Appliances and supplies relating to an ostomy.
(c) Products for hemodialysis.
(d) Any ophthalmic or ocular device or appliance prescribed by a physician or optometrist.
(e) Any other medical device ordered or prescribed by a provider of health care, within his scope of practice.
(f) Medicines:
(1) Prescribed for the treatment of a human being by a person authorized to prescribe medicines, and dispensed on a prescription filled by a registered pharmacist in accordance with law;
(2) Furnished by a licensed physician, dentist or podiatric physician to his own patient for the treatment of the patient;
(3) Furnished by a hospital for treatment of any person pursuant to the order of a licensed physician, dentist or podiatric physician; or
(4) Sold to a licensed physician, dentist, podiatric physician or hospital for the treatment of a human being.
2. As used in this section:
(a) “Medicine” means any substance or preparation intended for use by external or internal application to the human body in the diagnosis, cure, mitigation, treatment or prevention of disease or affliction of the human body and which is commonly recognized as a substance or preparation intended for such use. The term includes splints, bandages, pads, compresses and dressings.
(b) “Medicine” does not include:
(1) [Any auditory device or appliance.
(2) Articles which are in the nature of instruments, crutches, canes, devices or other mechanical, electronic, optical or physical equipment.
(3)] Any alcoholic beverage, except where the alcohol merely provides a solution in the ordinary preparation of a medicine.
[(4)] (2) Braces or supports, other than those prescribed or applied by a licensed provider of health care, within his scope of practice, for human use.
(c) “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed audiologist, licensed speech pathologist, licensed hearing aid specialist, licensed marriage and family therapist, chiropractor or doctor of Oriental medicine in any form.
3. Insulin furnished by a registered pharmacist to a person for treatment of diabetes as directed by a physician shall be deemed to be dispensed on a prescription within the meaning of this section.
Sec. 4. 1. This section and sections 1 and 2 of this act become effective upon passage and approval.
2. Section 3 of this act becomes effective on January 1, 2002.”.
Amend the title of the bill, second line, after the semicolon, by inserting:
“exempting the sale or use of medical devices prescribed or ordered by a provider of health care from certain sales and use taxes;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides exemption from certain sales and use taxes for sale or use of certain medical devices and clarifies provisions relating to taxation of medical devices sold to governmental entities. (BDR 32‑1134)”.
Senator Neal moved adoption of the amendment.
Remarks by Senators Neal, McGinness and Titus.
Motion failed.
Remarks by Senators Neal and McGinness.
Roll call on Senate Bill No. 528:
Yeas—15.
Nays—Jacobsen, James, Mathews, Neal, O'Connell, Titus—6.
Senate Bill No. 528 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 530.
Bill read third time.
Roll call on Senate Bill No. 530:
Yeas—21.
Nays—None.
Senate Bill No. 530 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 551.
Bill read third time.
Roll call on Senate Bill No. 551:
Yeas—21.
Nays—None.
Senate Bill No. 551 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 568.
Bill read third time.
Roll call on Senate Bill No. 568:
Yeas—21.
Nays—None.
Senate Bill No. 568 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
REPORTS OF COMMITTEES
Mr. President pro Tempore:
Your Committee on Commerce and Labor, to which was referred Senate Bill No. 513, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Randolph J. Townsend, Chairman
Mr. President pro Tempore:
Your Committee on Finance, to which was referred Senate Bill No. 349, 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 Finance, to which was re-referred Senate Bill No. 197, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio, Chairman
Mr. President pro Tempore:
Your Committee on Human Resources and Facilities, to which were referred Senate Bills Nos. 289, 302, 371, 541, 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 was referred Assembly Bill No. 580, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mark A. James, Chairman
SECOND READING AND AMENDMENT
Senate Bill No. 85.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 591.
Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. The purposes of this Act and the Fair Pay Commission for State Employees are to:
1. Determine whether there is any disparity in compensation paid to persons employed by this state;
2. Investigate the cause and extent of any disparate compensation paid to the various persons employed by this state;
3. Develop reliable data concerning the causes and the extent of such disparate compensation;
4. Educate the members of the public concerning the cause and extent of any disparate compensation paid to persons employed by this state based on differing genders, races or national origins; and
5. Make recommendations to the Governor and to the Legislature on methods of eliminating and preventing disparate compensation paid to persons employed by this state.
Sec. 2. 1. Not later than 60 days after July 1, 2001, the Governor shall create a Fair Pay Commission for State Employees, consisting of 13 members appointed as follows.
(a) Nine members appointed by the Governor as follows:
(1) Two members who represent business interests in this state and who are appointed from a list of persons nominated to serve on the Commission by business organizations and trade associations in this state;
(2) Three members who represent employee organizations that represent persons employed by this state;
(3) Two members from institutions of higher learning who have experience and expertise in collecting and analyzing data concerning disparities in compensation and whose research has already been used in efforts to promote the elimination of those disparities;
(4) One member who represents the Department of Personnel; and
(5) One member who represents the general public.
(b) One member appointed by the Speaker of the Assembly.
(c) One member appointed by the Minority Leader of the Assembly.
(d) One member appointed by the Majority Leader of the Senate.
(e) One member appointed by the Minority Leader of the Senate.
2. The Commission shall apply for and receive gifts, grants and donations from any public or private source to assist the Commission in carrying out its duties. Any money received by the Commission pursuant to this subsection must be:
(a) Accounted for separately; and
(b) Used, subject to any limitations contained in the gift, grant or donation, to carry out the duties of the Commission.
3. The account created pursuant to subsection 2 must be administered by the Director of the Department of Personnel.
4. The members of the Commission shall serve without compensation or reimbursement of expenses until the balance in the account created pursuant to subsection 2 is sufficient, as determined by the Director of the Department of Personnel, to pay the expenses of the Commission. Once the Director of the Department of Personnel has determined that the expenses of the Commission may be paid from the account, each member is entitled to receive:
(a) If the member is a legislator, for each day or a portion of a day during which the member attends a meeting of the Commission or is otherwise engaged in the business of the Commission, except during a regular or special session of the Legislature, the:
(1) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding session;
(2) Per diem allowance provided for state officers and employees generally; and
(3) Travel expenses provided pursuant to NRS 218.2207.
(b) If the member is not a legislator:
(1) A salary of $80 per day while attending a meeting of the Commission or while otherwise engaged in the business of the Commission; and
(2) The per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the Commission.
5. The Commission shall:
(a) Appoint a chairman from among its members; and
(b) Meet at the times and places specified by the call of the chairman.
Sec. 3. 1. The Fair Pay Commission for State Employees shall conduct a complete study of:
(a) The total compensation paid to persons employed by this state;
(b) The manner in which the amount of the compensation paid to those employees is determined;
(c) The methods used to prepare, maintain and revise a classification plan for all positions in the classified service of this state and for determining the similarity of duties and responsibilities so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same class;
(d) The extent of any disparities in compensation paid to employees who hold the same job or who hold jobs that are not similar but which require equivalent composites of skill, effort, responsibility and working conditions;
(e) The factors that cause or tend to cause the disparities described in paragraph (d);
(f) The consequences of the disparities described in paragraph (d), including, without limitation, the effect of such disparities on the economy and on the families of the persons who receive disparately low compensation; and
(g) Actions that are likely to lead to the elimination and prevention of such disparities.
2. The study required by subsection 1 must include an external market review comparing compensation paid to persons employed by this state to compensation paid to employees of local governments, school districts and private businesses who are employed in similar positions or in positions that are not similar but require equivalent composites of skill, effort, responsibility and working conditions.
3. The Commission shall, not later than 18 months after its members are appointed, submit a report to the Legislature and to the Governor. The report must:
(a) Include the results of the study;
(b) Include the results of the review required by subsection 2; and
(c) Provide recommendations for actions that would promote the elimination and prevention of disparate compensation paid to persons employed by this state based on differing genders, races or national origins, including, without limitation, recommendations for legislation.”.
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, The Nevada Legislature in 1983, pursuant to the adoption of Assembly Concurrent Resolution No. 48, directed the Department of Personnel to study the criteria for determining salaries for persons in the classified service of this state; and
Whereas, As a result of that study, certain adjustments were made in the method for determining the salaries of persons employed by this state, but other recommendations regarding fair pay for persons employed by this state were not enacted; and
Whereas, The rate of turnover in state government has increased dramatically in recent years and that excessive rate of turnover has affected the productivity and services provided by state agencies to the residents of this state, and has increased the costs associated with recruiting qualified persons for employment by this state; and
Whereas, The difficulty in recruiting qualified persons for employment by this state impedes the agencies of this state in successfully complying with their duties and objectives; and
Whereas, Many state agencies have initiated costly formal training programs to provide their employees with the opportunity to gain the required knowledge, skills and abilities needed for their positions, but, because of the increased rate of turnover, have lost those trained employees to other employment outside of state service; and
Whereas, The high rate of turnover has reduced the continuity in service provided by state agencies to the residents of this state; and
Whereas, The purpose of the classification and compensation plan for persons employed by this state is to provide internal equity among the various positions in state employment and to allow this state to maintain a competitive position with other employers in the public and private sector; and
Whereas, Current methods used to determine the compensation paid to persons employed by this state who hold the same positions of employment, or who hold positions of employment that are not similar but which require equivalent composites of skill, effort, responsibility and working conditions, have proven to be only partially effective; and
Whereas, It is the obligation of this state to provide the best service possible to its residents and to spend the taxpayers’ money in the most efficient means possible; now, therefore”.
Amend the title of the bill to read as follows:
“AN ACT relating to employment; requiring the Governor to create a commission to study disparity of compensation paid to employees of this state; requiring the commission to report to the Legislature and the Governor; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for study of disparity in compensation for state employees. (BDR S‑452)”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senators Carlton and Raggio.
Amendment adopted.
Senator Raggio moved that Senate Bill No. 85 be re-referred to the Committee on Finance upon return from reprint.
Remarks by Senator Raggio.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.
Senate Bill No. 122.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 582.
Amend the bill as a whole by deleting sec. 47 and inserting:
“Sec. 47. (Deleted by amendment.)”.
Amend sec. 56, page 26, line 33, by deleting “privilege” and inserting “governmental services”.
Amend sec. 56, page 26, line 37, by deleting: “motor vehicle privilege” and inserting “governmental services”.
Amend sec. 56, page 27, line 22, by deleting “privilege” and inserting “governmental services”.
Amend sec. 58, page 28, line 11, by deleting “vehicle privilege” and inserting “governmental services”.
Amend the bill as a whole by renumbering sec. 64 as sec. 65 and adding a new section designated sec. 64, following sec. 63, to read as follows:
“Sec. 64. The legislature hereby declares that the purpose of this act is to consolidate, where possible, existing legislation into a single chapter of the Nevada Revised Statutes. Nothing in this act repeals or otherwise affects the operation of existing local acts, including the Carson City Tax on Transient Lodging, the Douglas County Lodgers Tax Law, the Washoe County Taxes on Transient Lodging and the Tahoe-Douglas Visitor’s Authority Act.”.
Amend the title of the bill, eighth and ninth lines, by deleting: “providing a method for the calculation of a tax on transient lodging for certain uses of time-share units;”.
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. 245.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 422.
Amend the bill as a whole by deleting sections 1 through 59 and adding new sections designated sections 1 through 30, following the enacting clause, to read as follows:
“Section 1. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. “Interpreter” means a person who is qualified to engage in the practice of interpreting in this state pursuant to section 9 of this act.
Sec. 4. “Person who is deaf” means a person who is not able to process information aurally and whose primary means of communication is visual.
Sec. 5. “Person whose hearing is impaired” means a person:
1. Who has a hearing deficit;
2. Who is able to process information aurally with or without the use of a hearing aid or any other device that enhances the ability of a person to hear; and
3. Whose primary means of communication may be visual.
Sec. 6. “Practice of interpreting” means the facilitation of communication between persons who are deaf or whose hearing is impaired and other persons. The term includes, without limitation:
1. Translating spoken language into American Sign Language or any other visual-gestural system of communication or vice versa;
2. Translating spoken language into a tactile method of sign language or vice versa;
3. Translating spoken language into an oral interpretation of the speaker’s words by enunciating, repeating or rephrasing those words without using the voice to assist a person who is deaf or whose hearing is impaired in lipreading the information conveyed by the speaker;
4. Translating spoken language into a visual representation of spoken language that:
(a) Uses eight hand shapes to represent groups of consonants and the placement of those hand shapes in four positions around the face to indicate groups of vowel sounds; and
(b) Is used in conjunction with lipreading;
5. Translating spoken English into a system of sign language that is based on the syntax of the English language or vice versa; and
6. The use of any of the methods of interpreting or transliterating set forth in subsections 1 to 5, inclusive, by a person who is deaf or whose hearing is impaired to facilitate communication between another person who is deaf or whose hearing is impaired and an interpreter, or between two or more persons who are deaf or whose hearing is impaired.
Sec. 7. The practice of interpreting is hereby declared to be a learned profession, affecting public health, safety and welfare, and is subject to regulation to protect the general public from the practice of interpreting by unqualified persons.
Sec. 8. The provisions of this chapter do not apply to a person who:
1. Is licensed in another state to engage in the practice of interpreting and who engages in the practice of interpreting in this state:
(a) For a period of not more than 30 nonconsecutive days in a calendar year; or
(b) By teleconference if the interpreting services provided by that person are necessary because an interpreter is unavailable to provide those services in person or by teleconference;
2. Engages in the practice of interpreting solely for meetings of nonprofit civic or religious organizations; or
3. Engages occasionally in the practice of interpreting in a social situation that does not require a qualified interpreter pursuant to the provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, or the regulations adopted pursuant to those provisions.
Sec. 9. 1. Except as otherwise provided in this section, a person who wishes to engage in the practice of interpreting in this state must:
(a) Be at least 18 years of age;
(b) Have at least a high school diploma or a general equivalency diploma;
(c) Be capable of providing the type of interpreting services required for the person who is deaf or whose hearing is impaired; and
(d) Have:
(1) Been issued at least one of the following certificates by the Registry of Interpreters for the Deaf or its successor organization:
(I) Master Comprehensive Skills Certificate;
(II) Comprehensive Skills Certificate;
(III) Certificate of Interpretation;
(IV) Certificate of Transliteration;
(V) Legal Specialist Certificate; or
(VI) Oral Interpreting Certificate;
(2) Been certified by the National Association of the Deaf or its successor organization as having a level of proficiency in providing interpreting services at level 3, 4 or 5; or
(3) Passed the Cued Language Transliterator National Certification Examination administered by the Testing, Evaluation, and Certification Unit, Inc., or its successor organization and must hold a Transliteration Skills Certificate issued by the Testing, Evaluation, and Certification Unit, Inc., or its successor organization.
2. A person who wishes to engage in the practice of interpreting in this state in a legal setting must comply with the requirements set forth in paragraphs (a), (b) and (c) of subsection 1 and must:
(a) Have been issued at least one of the certificates set forth in subparagraph (1) of paragraph (d) of subsection 1;
(b) Have been certified by the National Association of the Deaf or its successor organization as having a level of proficiency in providing interpreting services at level 4 or 5; or
(c) Have passed the Cued Language Transliterator National Certification Examination administered by the Testing, Evaluation, and Certification Unit, Inc., or its successor organization and must hold a Transliteration Skills Certificate issued by the Testing, Evaluation, and Certification Unit, Inc., or its successor organization.
3. A person may engage in the practice of interpreting in this state in a public school or private school if he:
(a) Complies with the requirements set forth in paragraphs (a), (b) and (c) of subsection 1; and
(b) Has completed the Educational Interpreter Performance Assessment administered by the Boys Town National Research Hospital or its successor organization and received a rating of his level of proficiency in providing interpreting services at level 4 or 5.
4. As used in this section:
(a) “Legal setting” means:
(1) A communication with a law enforcement officer, as defined in NRS 179B.070, that relates to a criminal investigation;
(2) A communication with an attorney who is acting in his professional capacity;
(3) A negotiation for a contract for which the estimated amount required to perform the contract is $1,000 or more; or
(4) A judicial proceeding, including, without limitation:
(I) A grand jury proceeding;
(II) A court proceeding;
(III) A pretrial examination, deposition, motion and related proceedings of like character; and
(IV) The proceedings of an administrative agency.
(b) “Public school” has the meaning ascribed to it in NRS 385.007.
(c) “Private school” has the meaning ascribed to it in NRS 394.103.
Sec. 10. 1. It is unlawful for a person to:
(a) Engage in the practice of interpreting in this state;
(b) Hold himself out as certified or qualified to engage in the practice of interpreting in this state; or
(c) Use in connection with his name any title, words, letters or other designation intended to imply or designate that he is an interpreter,
without first complying with the requirements set forth in section 9 of this act.
2. A person who violates the provisions of subsection 1:
(a) Is guilty of a misdemeanor; and
(b) May be assessed a civil penalty of not more than $5,000.
3. An action for the enforcement of a civil penalty assessed pursuant to this section may be brought in any court of competent jurisdiction by the district attorney of the appropriate county or the attorney general.
Sec. 11. NRS 50.050 is hereby amended to read as follows:
50.050 1. As used in NRS 50.050 to 50.053, inclusive, unless the context requires otherwise:
(a) [“Handicapped person” means a person who, because he is deaf, mute or has a physical speaking impairment, cannot readily understand or communicate in the English language or cannot understand the proceedings.
(b)] “Interpreter” means a person who is [readily] :
(1) Qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act; and
(2) Readily able to communicate with [the handicapped person,] a person with a disability, translate the proceedings for him , and accurately repeat and translate the statements of the [handicapped] person with a disability to the court or magistrate or other person presiding over the proceedings.
(b) “Person with a disability” means a person who, because he is deaf, mute or has a physical speaking impairment, cannot readily understand or communicate in the English language or cannot understand the proceedings.
2. In all judicial proceedings in which a [handicapped] person with a disability appears as a witness, the court, magistrate or other person presiding over the proceedings shall appoint an interpreter to interpret the proceedings to [the handicapped] that person and to interpret the testimony of [the handicapped] that person to the court, magistrate or other person presiding.
3. The court, magistrate or other person presiding over the proceedings shall fix a reasonable compensation for the services and expenses of the interpreter appointed pursuant to this section. If the judicial proceeding is civil in nature , the compensation of the interpreter may be taxed as costs and must not be charged as a public expense.
4. Claims against a county, municipality, [the] this state or any agency thereof for the compensation of an interpreter in a criminal proceeding or other proceeding for which an interpreter must be provided at public expense must be paid in the same manner as other claims against the respective entities are paid. Payment may be made only upon the certificate of the judge, magistrate or other person presiding over the proceedings that the qualified interpreter has performed the services required and incurred the expenses claimed.
Sec. 12. NRS 50.051 is hereby amended to read as follows:
50.051 An interpreter must be appointed at public expense for a [handicapped] person with a disability who is a party to or a witness in a criminal proceeding.
Sec. 13. NRS 50.052 is hereby amended to read as follows:
50.052 1. If an interpreter appointed for a [handicapped] person with a disability is not effectively or accurately communicating with or on behalf of the [handicapped person,] person with a disability, and that fact becomes known to the person who appointed him, another interpreter must be appointed.
2. Unless otherwise agreed upon by the parties, a person may not be appointed as an interpreter of a [handicapped] person with a disability in a proceeding if he is:
(a) The spouse of the [handicapped] person with a disability or related to him; or
(b) Otherwise interested in the outcome of the proceeding or biased for or against one of the parties.
3. Whenever possible, a [handicapped] person with a disability must be given an interpreter of his [own] choice or one of whom he approves.
Sec. 14. NRS 50.053 is hereby amended to read as follows:
50.053 1. Before undertaking his duties, the interpreter shall swear or affirm that he will make a true interpretation in an understandable manner to the person for whom he has been appointed, and that he will repeat the statements of the [handicapped] person with a disability in the English language to the best of his ability.
2. While in the proper performance of his duties, an interpreter acts in the place of the [handicapped] person with a disability and to that extent has all of the rights and privileges of [the handicapped] that person for purposes of the proceeding, including access to all relevant material.
Sec. 15. NRS 50.054 is hereby amended to read as follows:
50.054 1. Except as otherwise provided by a regulation of the court administrator adopted pursuant to NRS 1.510 and 1.520, a person shall not act as an interpreter in a proceeding if he is:
(a) The spouse of a witness;
(b) Otherwise related to a witness;
(c) Biased for or against one of the parties; or
(d) Otherwise interested in the outcome of the proceeding.
2. Before undertaking his duties, the interpreter shall swear or affirm that he will:
(a) To the best of his ability, translate accurately to the witness, in the language of the witness, questions and statements addressed to the witness;
(b) Make a true interpretation of the statements of the witness in an understandable manner; and
(c) Repeat the statements of the witness in the English language to the best of his ability.
3. While in the proper performance of his duties, an interpreter has the same rights and privileges as the witness, including the right to examine all relevant material, but is not entitled to waive or exercise any of those rights or privileges on behalf of the witness.
4. As used in this section, “interpreter” means a person who is readily able to communicate with a person who speaks a language other than English and does not know the English language, translate the proceedings for him and accurately repeat and translate the statements of the person in a language other than English to the court, magistrate or other person presiding. The term does not include an interpreter for [handicapped persons] a person with a disability as that term is defined in NRS 50.050.
Sec. 16. NRS 171.1536 is hereby amended to read as follows:
171.1536 Upon the arrest of a [handicapped] person with a disability as defined in NRS 50.050, and before his interrogation or the taking of his statement, the peace officer in actual charge of the station, headquarters or other facility to which the [handicapped] person with a disability has been brought shall make an interpreter who is qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act available at public expense to [the handicapped] that person, subject to the provisions of NRS 50.052 and 50.053.
Sec. 17. NRS 171.1537 is hereby amended to read as follows:
171.1537 When a [handicapped] person with a disability is detained in custody, the detaining authority shall make available to him reasonable means of communication, at least pencil and paper , and at least two envelopes and first-class postage stamps. If the [handicapped] person with a disability so requests, the proper officer of the detaining authority shall make on his behalf the same number and kind of telephone calls which a person arrested is [permitted] authorized by law or custom to make for himself, and shall mail any letters written by [the handicapped] that person.
Sec. 18. NRS 171.1538 is hereby amended to read as follows:
171.1538 1. The rights to interpretation and communication provided in NRS 171.1536 and 171.1537 may not be waived except knowingly and voluntarily by the [handicapped] person with a disability by a written statement indicating his desire not to be so assisted. At any time [from arrest to] after arrest but before the termination of any custody, the [handicapped] person may retract his waiver by indicating his desire to be so assisted.
2. Unless there is a waiver under this section, there [shall] must be no interrogation or taking of the statement of a [handicapped] person with a disability without the assistance of an interpreter who is qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act.
Sec. 19. NRS 213.055 is hereby amended to read as follows:
213.055 An applicant or a witness at a hearing upon an application for clemency who is a [handicapped] person with a disability as defined in NRS 50.050 is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be [appointed] :
1. Qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act; and
2. Appointed by the governor or a member of the board designated by him.
Sec. 20. NRS 213.128 is hereby amended to read as follows:
213.128 A prisoner, parolee or a witness at the hearing of a case who is a [handicapped] person with a disability as defined in NRS 50.050 is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be [appointed] :
1. Qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act; and
2. Appointed by the chairman of the board or other person who presides at the hearing.
Sec. 21. NRS 233B.1235 is hereby amended to read as follows:
233B.1235 A witness during his testimony at a hearing of a contested case, who is a [handicapped] person with a disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be [appointed] :
1. Qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act; and
2. Appointed by the person who presides at the hearing.
Sec. 22. NRS 391.31925 is hereby amended to read as follows:
391.31925 The licensed employee or a witness at a hearing under NRS 391.311 to 391.3196, inclusive, who is a [handicapped] person with a disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be [appointed] :
1. Qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act; and
2. Appointed by the hearing officer.
Sec. 23. NRS 396.324 is hereby amended to read as follows:
396.324 The person who is the subject of a disciplinary hearing under this chapter or who is a witness at that hearing, and who is a [handicapped] person with a disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be [appointed] :
1. Qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act; and
2. Appointed by the person who presides at the hearing.
Sec. 24. NRS 422.278 is hereby amended to read as follows:
422.278 Any person who is:
1. The subject of a hearing conducted under the authority of the welfare division or the division of health care financing and policy; or
2. A witness at that hearing,
and who is a [handicapped] person with a disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act and must be appointed by the person who presides at the hearing.
Sec. 25. NRS 463.342 is hereby amended to read as follows:
463.342 Any person who is the subject of a hearing conducted under the provisions of this chapter, or who is a witness at that hearing, and who is a [handicapped] person with a disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be [appointed] :
1. Qualified to engage in the practice of interpreting in this state pursuant to subsection 2 of section 9 of this act; and
2. Appointed by the person who presides at the hearing.
Sec. 26. NRS 608.0116 is hereby amended to read as follows:
608.0116 “Professional” means pertaining to an employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645, inclusive, of NRS[.] and sections 2 to 10, inclusive, of this act.
Sec. 27. NRS 615.200 is hereby amended to read as follows:
615.200 The bureau may:
1. Enter into reciprocal agreements with other states , [(]which, for this purpose, may include the District of Columbia, Puerto Rico, the Virgin Islands and Guam , [)] to provide for the vocational rehabilitation of individuals within the states concerned;
2. Establish or construct rehabilitation facilities and workshops and make grants to, or contracts or other arrangements with, public and other nonprofit organizations for the establishment of workshops and rehabilitation facilities;
3. Operate facilities for carrying out the purposes of this chapter;
4. In matters relating to vocational rehabilitation:
(a) Conduct research, studies, investigations and demonstrations and make reports;
(b) Provide training and instruction , [(]including , without limitation, the establishment and maintenance of such research fellowships and traineeships with such stipends and allowances as may be deemed necessary ; [);]
(c) Disseminate information; and
(d) Render technical assistance;
5. Provide for the establishment, supervision, management and control of small business enterprises to be operated by severely handicapped persons where their operation will be improved through the management and supervision of the bureau; and
6. Maintain a list of persons who are qualified to engage in the practice of interpreting in this state pursuant to section 9 of this act to serve as interpreters for handicapped persons and shall make any such list available without charge to persons who request it.
Sec. 28. Notwithstanding the provisions of sections 2 to 30, inclusive, of this act, a person who engages in the practice of interpreting in this state is not required to comply with the provisions of section 9 of this act before July 1, 2003.
Sec. 29. The provisions of section 10 of this act do not apply to offenses committed before July 1, 2003.
Sec. 30. 1. This section and sections 1 to 9, inclusive, and 26 to 29, inclusive, of this act become effective on October 1, 2001.
2. Sections 10 to 25, inclusive, of this act become effective on July 1, 2003.”.
Amend the title of the bill to read as follows:
“AN ACT relating to professions; requiring interpreters for persons who are deaf or whose hearing is impaired to be certified; prescribing the requirements for certification; providing a penalty; and providing other matters properly relating thereto.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 267.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 593.
Amend the bill as a whole by renumbering section 1 as sec. 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 543 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The district’s chief engineer or any governmental entity may propose an amendment to the district’s master plan to allow the expenditure or provision of money pursuant to subsection 6 of NRS 543.360. The proposed amendment must be submitted to the district.
2. Upon receipt of an amendment proposed pursuant to subsection 1, the board shall determine whether it:
(a) Is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan;
(b) Is the most cost-effective structural or regulatory means of protecting structures from flood waters of the district; and
(c) Does not adversely affect the continued implementation of the master plan.
3. If the board determines that the proposed amendment meets the requirements of subsection 2, the board shall hold a public hearing to consider the adoption of the amendment. The board may adopt a proposed amendment to the district’s master plan with the approval of two-thirds of the members voting on the proposed amendment.
4. The board shall file a copy of any amendment adopted by it with the governing body of each local government whose jurisdiction includes a hydrographic area affected by the adopted amendment.
5. Except as otherwise provided in subsection 6, upon receipt of an amendment, the governing body of each local government affected shall hold a public hearing to consider the adoption of the proposed amendment as a component of its comprehensive master plan pursuant to chapter 278 of NRS. If the governing bodies of each local government whose jurisdiction includes a hydrographic area affected by the amendment to the district’s master plan approve the proposed amendment, it becomes effective.
6. If a proposed amendment to the master plan is adopted unanimously by the board, and by the governing body of the local government in whose jurisdiction the project will be located, after a public hearing by each, the amendment becomes effective and no other hearing or approval is required by any other board or commission, including those responsible for decisions relating to planning or zoning.
Sec. 2. NRS 543.180 is hereby amended to read as follows:
543.180 As used in NRS 543.170 to 543.830, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 543.181 to 543.188, inclusive, have the meanings ascribed to them in those sections.”.
Amend section 1, page 1, line 8, by deleting: “paragraph (c) of subsection 6,” and inserting “subsection 7,”.
Amend section 1, page 2, line 13, by deleting “Expend” and inserting: “Upon approval of an amendment to the district’s master plan pursuant to section 1 of this act, expend”.
Amend section 1, page 2, by deleting lines 18 through 23 and inserting:
“7. Expend or provide money for the acquisition of a local project or improvement for the control of drainage which is not included in the master plan if the district’s chief engineer determines that:
(a) The governmental entity requesting the project or improvement has established:
(1) A procedure to allow persons within its jurisdiction to file complaints concerning the program for controlling floods within its jurisdiction;
(2) A master plan for its local drainage system which identifies the project or improvement; and
(3) Guidelines for implementing drainage projects and improvements within its jurisdiction; and
(b) The local project or improvement is a necessary appurtenance to collect and deliver flows to allow a project or improvement that is included in the district’s master plan to function in the manner intended.
If the local project or improvement is one-quarter mile or more from a regional facility, the district may not contribute more than 50 percent of the cost of the project or improvement. The district may appropriate not more than 3 percent of its revenues in any fiscal year to projects approved pursuant to this subsection. Money that is provided pursuant to this subsection but not expended in a fiscal year may be expended in the following fiscal year.”.
Amend the bill as a whole by deleting sections 2 and 3 and adding a new section designated sec. 4, following section 1, to read as follows:
“Sec. 4. NRS 543.597 is hereby amended to read as follows:
543.597 1. The district’s chief engineer or any governmental entity may propose to:
(a) Change the size, type or alignment of a facility on the district’s master plan; or
(b) Amend the district’s master plan. A proposed amendment must be submitted to the district.
2. Upon receipt of a change proposed pursuant to paragraph (a) of subsection 1, the board shall hold a public hearing to consider the adoption of the change. With the approval of two-thirds of the members voting on the proposed change, the board may adopt any proposed change which:
(a) Is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan;
(b) Is hydraulically similar to a proposed facility included in the master plan;
(c) Is the most cost-effective structural or regulatory means of controlling flood waters of the district; and
(d) Does not adversely affect the continued implementation of the master plan.
3. Upon receipt of an amendment proposed pursuant to paragraph (b) of subsection 1, the board shall determine whether the proposed amendment is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan. If the proposed amendment is determined to be generally consistent with those principles, the board shall hold a public hearing to consider the adoption of the proposed amendment. The board may adopt a proposed amendment to the district’s master plan with the approval of two-thirds of the members voting on the proposed amendment.
4. The board shall file a copy of any amendment or change adopted by it with the governing body of each local government whose jurisdiction includes a hydrographic area affected by the adopted amendment or change.
5. Except as otherwise provided in subsection 6, upon receipt of an amendment, the governing body of each local government affected shall hold a public hearing to consider the adoption of the proposed amendment as a component of its comprehensive master plan pursuant to chapter 278 of NRS. If the governing bodies of each local government whose jurisdiction includes a hydrographic area affected by the amendment to the district’s master plan approve the proposed amendment, it becomes effective.
6. If a proposed amendment to the master plan is adopted unanimously by the board, and by the governing body of the local government in whose jurisdiction will be located the structures necessary to carry out the purposes of the amendment, after a public hearing by each, the amendment becomes effective and no other hearing or approval is required by any other board or commission, including those responsible for decisions relating to planning or zoning.
7. The provisions of this section do not apply to an amendment of a master plan pursuant to section 1 of this act.”.
Amend the title of the bill by deleting the fifth and sixth lines and inserting “drainage;”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 289.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 366.
Amend sec. 6, page 2, line 29, by deleting “Any” and inserting: “At least one school police officer, including, without limitation, a chief of school police of the school district if the school district has school police officers.
3. The membership of a development committee may also include any”.
Amend sec. 6, page 2, line 31, by deleting “(1)” and inserting “(a)”.
Amend sec. 6, page 2, line 33, by deleting “(2)” and inserting “(b)”.
Amend sec. 6, page 2, line 35, by deleting “(3)” and inserting “(c)”.
Amend sec. 6, page 2, line 37, by deleting “(4)” and inserting “(d)”.
Amend sec. 6, page 2, line 40, by deleting “(5)” and inserting “(e)”.
Amend sec. 6, page 2, line 42, by deleting “3.” and inserting “4.”.
Amend sec. 8, page 4, by deleting lines 27 through 30 and inserting: “contributions from any public or private source to carry out the provisions of sections 2 to 16, inclusive, of this act.”.
Amend sec. 9, page 4, line 39, after “(d)” by inserting: “One school police officer of the school if the school has school police officers; and
(e)”.
Amend sec. 9, page 4, by deleting line 40 and inserting “school.”.
Amend sec. 9, page 4, line 41, by deleting “(e) Any” and inserting:
“3. The membership of a school committee may also include any”.
Amend sec. 9, page 4, line 43, by deleting “(1)” and inserting “(a)”.
Amend sec. 9, page 4, line 46, by deleting “(2)” and inserting “(b)”.
Amend sec. 9, page 4, line 47, by deleting “(3)” and inserting “(c)”.
Amend sec. 9, page 4, line 48, by deleting “(4)” and inserting “(d)”.
Amend sec. 9, page 5, line 1, by deleting “(5)” and inserting “(e)”.
Amend sec. 9, page 5, line 3, by deleting “(6)” and inserting “(f)”.
Amend sec. 9, page 5, line 5, by deleting “3.” and inserting “4.”.
Amend sec. 14, page 6, line 19, after “act” by inserting “and”.
Amend sec. 24, page 9, line 19, after “school;” by inserting “and”.
Amend sec. 24, page 9, lines 21 and 22, by deleting: “located; and
(g) Any” and inserting: “located.
3. The membership of a development committee may also include any”.
Amend sec. 24, page 9, line 24, by deleting “(1)” and inserting “(a)”.
Amend sec. 24, page 9, line 25, by deleting “(2)” and inserting “(b)”.
Amend sec. 24, page 9, line 26, by deleting “(3)” and inserting “(c)”.
Amend sec. 24, page 9, line 27, by deleting “(4)” and inserting “(d)”.
Amend sec. 24, page 9, line 29, by deleting “(5)” and inserting “(e)”.
Amend sec. 24, page 9, line 31, by deleting “3.” and inserting “4.”.
Amend sec. 27, page 11, line 8, after “school;” by inserting “and”.
Amend sec. 27, page 11, by deleting line 10 and inserting “school.”.
Amend sec. 27, page 11, line 11, by deleting “(e) Any” and inserting:
“3. The membership of a school committee may include any”.
Amend sec. 27, page 11, line 13, by deleting “(1)” and inserting “(a)”.
Amend sec. 27, page 11, line 14, by deleting “(2)” and inserting “(b)”.
Amend sec. 27, page 11, line 15, by deleting “(3)” and inserting “(c)”.
Amend sec. 27, page 11, line 16, by deleting “(4)” and inserting “(d)”.
Amend sec. 27, page 11, line 17, by deleting “(5)” and inserting “(e)”.
Amend sec. 27, page 11, line 19, by deleting “(6)” and inserting “(f)”.
Amend sec. 27, page 11, line 21, by deleting “3.” and inserting “4.”.
Amend sec. 31, page 12, by deleting line 14 and inserting: “section 25 of this act and”.
Amend the bill as a whole by renumbering sec. 41 as sec. 42 and adding a new section designated sec. 41, following sec. 40, to read as follows:
“Sec. 41. NRS 414.135 is hereby amended to read as follows:
414.135 1. There is hereby created the emergency assistance account within the disaster relief fund created pursuant to NRS 353.2735. Beginning with the fiscal year that begins on July 1, 1999, the state controller shall, at the end of each fiscal year, transfer the interest earned during the previous fiscal year on the money in the disaster relief fund to the account in an amount not to exceed $500,000.
2. The division of emergency management of the department of motor vehicles and public safety shall administer the account. The division may adopt regulations authorized by this section before, on or after July 1, 1999.
3. All expenditures from the account must be approved in advance by the division. Except as otherwise provided in subsection 4, all money in the account must be expended solely to:
(a) Provide supplemental emergency assistance to this state or to local governments in this state that are severely and adversely affected by a natural, technological or man-made emergency or disaster for which available resources of this state or the local government are inadequate to provide a satisfactory remedy; and
(b) Pay any actual expenses incurred by the division for administration during a natural, technological or man-made emergency or disaster.
4. Beginning with the fiscal year that begins on July 1, 1999, if any balance remains in the account at the end of a fiscal year and the balance has not otherwise been committed for expenditure, the division may, with the approval of the interim finance committee, allocate all or any portion of the remaining balance, not to exceed $250,000, to this state or to a local government to:
(a) Purchase equipment or supplies required for emergency management; [and]
(b) Provide training to personnel related to emergency management [.] ; and
(c) Carry out the provisions of sections 2 to 16, inclusive, of this act.
5. Beginning with the fiscal year that begins on July 1, 1999, the division shall, at the end of each quarter of a fiscal year, submit to the interim finance committee a report of the expenditures made from the account for the previous quarter.
6. The division shall adopt such regulations as are necessary to administer the account.
7. The division may adopt regulations to provide for reimbursement of expenditures made from the account. If the division requires such reimbursement, the attorney general shall take such action as is necessary to recover the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130, computed from the date on which the money was removed from the fund, upon request by the division.”.
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. 302.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 543.
Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 through 12 and the text of repealed sections, following the enacting clause, to read as follows:
“Section 1. NRS 439B.300 is hereby amended to read as follows:
439B.300 1. [The legislature finds and declares that:
(a) The practice of refusing to treat an indigent patient if another hospital can provide the treatment endangers the health and well-being of such patients.
(b) Counties in which more than one hospital is located may lack available resources to compensate for all indigent care provided at their hospitals. Refusal by a hospital to treat indigent patients in such counties results in a burden upon hospitals which treat large numbers of indigent patients.
(c) A requirement that hospitals in such counties provide a designated amount of uncompensated care for indigent patients would:
(1) Equalize the burden on such hospitals of treating indigent patients; and
(2) Aid the counties in meeting their obligation to compensate hospitals for such care.
(d) Hospitals with 100 or fewer beds have been meeting the needs of their communities with regard to care of indigents, and have a minimal effect on the provision of such care.
2.] Except as otherwise provided in this subsection, the provisions of NRS [439B.300 to 439B.340, inclusive,] 439B.310 and 439B.330 apply to each hospital in this state which is located in a county in which there are two or more licensed hospitals. The provisions of NRS [439B.300 to 439B.340, inclusive,] 439B.310 and 439B.330 do not apply to a hospital which has 100 or fewer beds.
[3.] 2. The provisions of NRS [439B.300 to 439B.340, inclusive,] 439B. 310 and 439B.330 do not prohibit a county from:
(a) Entering into an agreement for medical care or otherwise contracting with any hospital located within that county; or
(b) Using a definition of “indigent” which would include more persons than the definition in NRS 439B.310.
Sec. 2. NRS 439B.310 is hereby amended to read as follows:
439B.310 For the purposes of NRS [439B.300 to 439B.340, inclusive,] 439B.330, “indigent” means those persons:
1. Who are not covered by any policy of health insurance;
2. Who are ineligible for Medicare, Medicaid, the children’s health insurance program, the benefits provided pursuant to NRS 428.115 to 428.255, inclusive, or any other federal or state program of public assistance covering the provision of health care;
3. Who meet the limitations imposed by the county upon assets and other resources or potential resources; and
4. Whose income is less than:
(a) For one person living without another member of a household, $438.
(b) For two persons, $588.
(c) For three or more persons, $588 plus $150 for each person in the family in excess of two.
For the purposes of this subsection, “income” includes the entire income of a household and the amount which the county projects a person or household is able to earn. “Household” is limited to a person and his spouse, parents, children, brothers and sisters residing with him.
Sec. 3. NRS 439B.330 is hereby amended to read as follows:
439B.330 1. Except as otherwise provided in NRS 439B.300 and subsection [2] 5 of this section, each county shall use the definition of “indigent” in NRS 439B.310 to determine a person’s eligibility for medical assistance pursuant to chapter 428 of NRS, other than assistance provided pursuant to NRS 428.115 to 428.255, inclusive.
2. [A board of county commissioners may, if it determines that a hospital within the county is serving a disproportionately large share of low-income patients:
(a) Pay a higher rate to the hospital for treatment of indigent inpatients;
(b) Pay the hospital for treatment of indigent inpatients whom the hospital would otherwise be required to treat without receiving compensation from the county; or
(c) Both pay at a higher rate and pay for inpatients for whom the hospital would otherwise be uncompensated.
3.] Each hospital which treats an indigent inpatient shall submit to the board of county commissioners of the county of residence of the patient a discharge form identifying the patient as a possible indigent and containing the information required by the department and the county to be included in all such forms.
[4.] 3. The county which receives a discharge form from a hospital for an indigent inpatient shall verify the status of the patient and the amount which the hospital is entitled to receive. A hospital aggrieved by a determination of a county regarding the indigent status of an inpatient may appeal the determination to the director or a person designated by the director to hear such an appeal. The decision of the director or the person he designates must be mailed by registered or certified mail to the county and the hospital. The decision of the director or the person he designates may be appealed to a court having general jurisdiction in the county within 15 days after the date of the postmark on the envelope in which the decision was mailed.
[5.] 4. Except as otherwise provided in subsection [2 of this section and subsection 3 of NRS 439B.320,] 5, if the county is the county of residence of the patient and the patient is indigent, the county shall , [pay to the hospital the amount required,] within the limits of money which may lawfully be appropriated for this purpose pursuant to NRS 428.050, 428.285 and 450.425[.] , pay to the hospital the amount required.
5. A board of county commissioners may, if it determines that a hospital within the county is serving a disproportionately large share of low-income patients:
(a) Pay a higher rate to the hospital for the treatment of indigent inpatients;
(b) Pay the hospital for the treatment of indigent inpatients whom the hospital would otherwise be required to treat without receiving compensation from the county; or
(c) Both pay at a higher rate and pay for inpatients for whom the hospital would otherwise be uncompensated.
6. For the purposes of this section, the county of residence of the patient is the county of residence of that person before he was admitted to the hospital.
Sec. 4. NRS 439B.330 is hereby amended to read as follows:
439B.330 1. Except as otherwise provided in NRS 439B.300 and subsection 5 of this section, each county shall use the definition of “indigent” in NRS 439B.310 to determine a person’s eligibility for medical assistance pursuant to chapter 428 of NRS, other than assistance provided pursuant to NRS 428.115 to 428.255, inclusive.
2. Each hospital which treats an indigent inpatient shall submit to the board of county commissioners of the county of residence of the patient a discharge form identifying the patient as a possible indigent and containing the information required by the department and the county to be included in all such forms.
3. The county which receives a discharge form from a hospital for an indigent inpatient shall verify the status of the patient and the amount which the hospital is entitled to receive. A hospital aggrieved by a determination of a county regarding the indigent status of an inpatient may appeal the determination to the director or a person designated by the director to hear such an appeal. The decision of the director or the person he designates must be mailed by registered or certified mail to the county and the hospital. The decision of the director or the person he designates may be appealed to a court having general jurisdiction in the county within 15 days after the date of the postmark on the envelope in which the decision was mailed.
4. Except as otherwise provided in subsection 5, if the county is the county of residence of the patient and the patient is indigent, the county shall, within the limits of money which may lawfully be appropriated for this purpose pursuant to NRS 428.050, 428.285 and 450.425, pay to the hospital [the amount required.] an amount that is not less than the payment required for providing the same treatment to patients pursuant to the state plan for Medicaid.
5. A board of county commissioners may, if it determines that a hospital within the county is serving a disproportionately large share of low-income patients:
(a) Pay a higher rate to the hospital for the treatment of indigent inpatients;
(b) Pay the hospital for the treatment of indigent inpatients whom the hospital would otherwise be required to treat without receiving compensation from the county; or
(c) Both pay at a higher rate and pay for inpatients for whom the hospital would otherwise be uncompensated.
6. For the purposes of this section, the county of residence of the patient is the county of residence of that person before he was admitted to the hospital.
Sec. 5. NRS 450.420 is hereby amended to read as follows:
450.420 1. The board of county commissioners of the county in which a public hospital is located may determine whether patients presented to the public hospital for treatment are subjects of charity. Except as otherwise provided in NRS 439B.330, the board of county commissioners shall establish , by ordinance , criteria and procedures to be used in the determination of eligibility for medical care as medical indigents or subjects of charity.
2. The board of hospital trustees shall fix the charges for treatment of those persons able to pay for the charges, as the board deems just and proper. The board of hospital trustees may impose an interest charge of not more than 12 percent per annum on unpaid accounts. The receipts must be paid to the county treasurer and credited by him to the hospital fund. In fixing charges pursuant to this subsection , the board of hospital trustees shall not include, or seek to recover from paying patients, any portion of the expense of the hospital which is properly attributable to the care of indigent patients.
3. Except as otherwise provided in subsection 4 , [of this section and subsection 3 of NRS 439B.320,] the county is chargeable with the entire cost of services rendered by the hospital and any salaried staff physician or employee to any person admitted for emergency treatment, including , without limitation, all reasonably necessary recovery, convalescent and follow-up inpatient care required for any such person as determined by the board of trustees of the hospital, but the hospital shall use reasonable diligence to collect the charges from the emergency patient or any other person responsible for his support. Any amount collected must be reimbursed or credited to the county.
4. The county is not chargeable with the cost of services rendered by the hospital or any attending staff physician or surgeon to the extent the hospital is reimbursed for those services pursuant to NRS 428.115 to 428.255, inclusive.
Sec. 6. NRS 450.490 is hereby amended to read as follows:
450.490 1. The board of county commissioners of any county for which a public hospital has been established or is administered pursuant to NRS 450.010 to 450.510, inclusive, and whose public hospital is the only hospital in the county, may convey the hospital for an amount not less than its appraised value or lease it for a term of not more than 50 years to any corporation if all of the following conditions are met:
(a) The corporation must provide in its articles of incorporation for an advisory board for the hospital. The advisory board must consist of persons who represent a broad section of the people to be served by the hospital.
(b) The corporation must contract to:
(1) Care for indigent patients at a charge to the county which does not exceed the actual cost of providing that care, or in accordance with NRS 439B.300 [to 439B.340, inclusive,] , 439B.310 and 439B.330, if applicable; and
(2) Receive any person falling sick or maimed within the county.
(c) The corporation must agree to accept all the current assets, including accounts receivable, to assume all the current liabilities, and to take over and maintain the records of the existing public hospital.
(d) The agreement must provide for the transfer of patients, staff and employees, and for the continuing administration of any trusts or bequests pertaining to the existing public hospital.
(e) The agreement must provide for the assumption by the corporation of all indebtedness of the county which is attributable to the hospital, and:
(1) If the hospital is conveyed, for payment to the county of an amount which is not less than the appraised value of the hospital, after deducting any indebtedness so assumed, immediately or by deferred installments over a period of not more than 30 years.
(2) If the hospital is leased, for a rental which will, over the term of the lease, reimburse the county for its actual capital investment in the hospital, after deducting depreciation and any indebtedness so assumed. The lease may provide a credit against the rental so required for the value of any capital improvements made by the corporation.
2. If any hospital which has been conveyed pursuant to this section ceases to be used as a hospital, unless the premises so conveyed are sold and the proceeds used to erect or enlarge another hospital for the county, the hospital so conveyed reverts to the ownership of the county. If any hospital which has been leased pursuant to this section ceases to be used as a hospital, the lease is terminated.
Sec. 7. NRS 450.500 is hereby amended to read as follows:
450.500 1. Except as otherwise provided in NRS 450.490, the board of county commissioners of any county for which a public hospital has been established pursuant to NRS 450.010 to 450.510, inclusive, or established otherwise but administered pursuant to NRS 450.010 to 450.510, inclusive, may convey the hospital, or lease it for a term of not more than 50 years, to a nonprofit corporation if all of the following conditions are met:
(a) The governing body of the nonprofit corporation must be composed initially of the incumbent members of the board of hospital trustees, as individuals. The articles of incorporation must provide for:
(1) A membership of the corporation which is broadly representative of the public and includes residents of each incorporated city in the county and of the unincorporated area of the county or a single member which is a nonprofit corporation whose articles of incorporation provide for a membership which is broadly representative of the public and includes residents of each incorporated city in the county and of the unincorporated area of the county;
(2) The selection of the governing body by the membership of the corporation or, if the corporation has a single member, by the single member;
(3) The governing body to select its members only to fill a vacancy for an unexpired term; and
(4) The terms of office of members of the governing body, not to exceed 6 years.
(b) The nonprofit corporation must contract to:
(1) Care for indigent patients at a charge to the county which does not exceed the actual cost of providing such care, or in accordance with NRS 439B.300 [to 439B.340, inclusive,] , 439B.310 and 439B.330, if applicable; and
(2) Receive any person falling sick or maimed within the county.
(c) The nonprofit corporation must agree to accept all the current assets, including accounts receivable, to assume all the current liabilities, and to take over and maintain the records of the existing public hospital.
(d) The agreement must provide for the transfer of patients, staff and employees, and for the continuing administration of any trusts or bequests pertaining to the existing public hospital.
(e) The agreement must provide for the assumption by the corporation of all indebtedness of the county which is attributable to the hospital, and:
(1) If the hospital is conveyed, for payment to the county of its actual capital investment in the hospital, after deducting depreciation and any indebtedness so assumed, immediately or by deferred installments over a period of not more than 30 years.
(2) If the hospital is leased, for a rental which will , over the term of the lease , reimburse the county for its actual capital investment in the hospital, after deducting depreciation and any indebtedness so assumed. The lease may provide a credit against the rental so required for the value of any capital improvements made by the corporation.
2. Boards of county commissioners which have joint responsibility for a public hospital may jointly exercise the power conferred by subsection 1, and are subject jointly to the related duties.
3. If any hospital which has been conveyed pursuant to this section ceases to be used as a nonprofit hospital, unless the premises so conveyed are sold and the proceeds used to erect or enlarge another nonprofit hospital for the county, the hospital so conveyed reverts to the ownership of the county. If any hospital which has been leased pursuant to this section ceases to be used as a nonprofit hospital, the lease is terminated.
Sec. 8. NRS 450.510 is hereby amended to read as follows:
450.510 1. The board of county commissioners of any county whose population is less than 100,000 may contract with any nonprofit corporation to which a public hospital has been conveyed or leased, for the care of indigent patients from the contracting county and the receiving of other persons falling sick or being maimed or injured within the contracting county. The contract must be consistent with the provisions of NRS 439B.300 [to 439B.340, inclusive,] , 439B.310 and 439B.330, if applicable.
2. The contracting county may participate in the enlargement or alteration of the hospital.
Sec. 9. 1. Before September 30, 2002, each county in which hospitals subject to the provisions of NRS 439B.300, 439B.310 and 439B.330 are located shall provide to the department a report showing:
(a) The total number of inpatients treated during the fiscal year ending on June 30, 2002, by each such hospital who are claimed by the hospital to be indigent;
(b) The number of such patients for whom no reimbursement was provided by the county because of the limitation imposed by subsection 3 of NRS 439B.320;
(c) The total amount paid to each such hospital for treatment of such patients; and
(d) The amount the hospital would have received for patients for whom no reimbursement was provided.
2. The director shall verify the amount of treatment provided to indigent inpatients during the fiscal year ending on June 30, 2002, by each hospital to which no reimbursement was provided by:
(a) Determining the number of indigent inpatients who received treatment. For a hospital that has contracted with the department pursuant to subsection 4 of NRS 428.030, the director shall determine the number based upon the evaluations of eligibility made by the employee assigned to the hospital pursuant to the contract. For all other hospitals, the director shall determine the number based upon the report submitted pursuant to subsection 1 of this section.
(b) Multiplying the number of indigent inpatients who received each type of treatment by the highest amount paid by the county for that treatment.
(c) Adding the products of the calculations made pursuant to paragraphs (a) and (b) for all treatment provided.
If the total amount of treatment provided by the hospital to indigent inpatients during the fiscal year ending on June 30, 2002, was less than its minimum obligation for the year, the director shall assess the hospital for the amount of the difference between the minimum obligation and the actual amount of treatment provided by the hospital to indigent inpatients. If a decision of a county regarding the indigent status of one or more inpatients is pending appeal before the director or upon receiving satisfactory proof from a hospital that the decision is pending appeal before a court having general jurisdiction in the county pursuant to NRS 439B.330, the director shall defer assessing the hospital the amount that may be offset by the determination on appeal until a final determination of the matter is made.
3. If the director determines that a hospital has met its obligation to provide treatment to indigent inpatients during the fiscal year ending on June 30, 2002, he shall certify to the county in which the hospital is located that the hospital has met its obligation. The county is not required to pay the hospital for the costs of treating indigent inpatients for that fiscal year until the certification is received from the director. The county shall pay the hospital for such treatment within 30 days after receipt of the certification to the extent that money was available for payment pursuant to NRS 428.050, 428.285 and 450.425 at the time the treatment was provided.
4. The director shall determine the amount of the assessment which a hospital must pay pursuant to this section and shall notify the hospital in writing of that amount on or before November 1, 2002. The notice must include, but is not limited to, a written statement for each claim that is denied indicating why the claim was denied. Payment is due 30 days after receipt of the notice, except for assessments deferred pursuant to subsection 2 that, if required, must be paid within 30 days after the court hearing the appeal renders its decision. If a hospital fails to pay the assessment when it is due, the hospital shall pay, in addition to the assessment:
(a) Interest at a rate of 1 percent per month for each month after the assessment is due in which it remains unpaid; and
(b) Any court costs and fees required by the director to obtain payment of the assessment and interest from the hospital.
5. Any money collected pursuant to this section must be paid to the county in which the hospital paying the assessment is located for use in paying other hospitals in the county for the treatment of indigent inpatients by those hospitals. The money received by a county from assessments made pursuant to this section does not constitute revenue from taxes ad valorem for the purposes of NRS 354.59811, 428.050, 428.285 and 450.425, and must be excluded in determining the maximum rate of tax authorized by those sections.
6. For the purposes of this section:
(a) “Department” means the department of human resources;
(b) “Director” means the director of the department; and
(c) “Indigent” has the meaning ascribed to it in NRS 439B.310.
Sec. 10. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 11. NRS 439B.320 and 439B.340 are hereby repealed.
Sec. 12. 1. This section and sections 1, 2, 3 and 5 to 11, inclusive, of this act become effective on July 1, 2002.
2. Section 4 of this act becomes effective on July 1, 2003.
TEXT OF REPEALED SECTIONS
439B.320 Hospital required to provide care for proportionate share of indigent patients; duties of department and board of county commissioners; reimbursement for care.
1. A hospital shall provide, without charge, in each fiscal year, care for indigent inpatients in an amount which represents 0.6 percent of its net revenue for the hospital’s preceding fiscal year.
2. The department shall compute the obligation of each hospital for care of indigent inpatients for each fiscal year based upon the net revenue of the hospital in its preceding fiscal year and shall provide this information to the board of county commissioners of the county in which the hospital is located.
3. The board of county commissioners shall maintain a record of discharge forms submitted by each hospital located within the county, together with the amount accruing to the hospital. The amount accruing to the hospital for the care, until the hospital has met its obligation pursuant to this section, is the highest amount the county is paying to any hospital in the county for that care. Except as otherwise provided in subsection 2 of NRS 439B.330, no payment for indigent care may be made to the hospital until the total amount so accruing to the hospital exceeds the minimum obligation of the hospital for the fiscal year, and a hospital may only receive payment from the county for indigent care provided in excess of its obligation pursuant to this section. After a hospital has met its obligation pursuant to this section, the county may reimburse the hospital for care of indigent inpatients at any rate otherwise authorized by law.
439B.340 Report on indigent patients treated; verification by director; compensation for treatment provided in excess of obligation; assessment for failure to fulfill minimum obligation.
1. Before September 30 of each year, each county in which hospitals subject to the provisions of NRS 439B.300 to 439B.340, inclusive, are located shall provide to the department a report showing:
(a) The total number of inpatients treated by each such hospital who are claimed by the hospital to be indigent;
(b) The number of such patients for whom no reimbursement was provided by the county because of the limitation imposed by subsection 3 of NRS 439B.320;
(c) The total amount paid to each such hospital for treatment of such patients; and
(d) The amount the hospital would have received for patients for whom no reimbursement was provided.
2. The director shall verify the amount of treatment provided to indigent inpatients by each hospital to which no reimbursement was provided by:
(a) Determining the number of indigent inpatients who received treatment. For a hospital that has contracted with the department of human resources pursuant to subsection 4 of NRS 428.030, the director shall determine the number based upon the evaluations of eligibility made by the employee assigned to the hospital pursuant to the contract. For all other hospitals, the director shall determine the number based upon the report submitted pursuant to subsection 1 of this section.
(b) Multiplying the number of indigent inpatients who received each type of treatment by the highest amount paid by the county for that treatment.
(c) Adding the products of the calculations made pursuant to paragraphs (a) and (b) for all treatment provided.
If the total amount of treatment provided to indigent inpatients in the previous fiscal year by the hospital was less than its minimum obligation for the year, the director shall assess the hospital for the amount of the difference between the minimum obligation and the actual amount of treatment provided by the hospital to indigent inpatients. If a decision of a county regarding the indigent status of one or more inpatients is pending appeal before the director or upon receiving satisfactory proof from a hospital that the decision is pending appeal before a court having general jurisdiction in the county pursuant to subsection 4 of NRS 439B.330, the director shall defer assessing the hospital the amount that may be offset by the determination on appeal until a final determination of the matter is made.
3. If the director determines that a hospital has met its obligation to provide treatment to indigent inpatients, he shall certify to the county in which the hospital is located that the hospital has met its obligation. The county is not required to pay the hospital for the costs of treating indigent inpatients until the certification is received from the director. The county shall pay the hospital for such treatment within 30 days after receipt of the certification to the extent that money was available for payment pursuant to NRS 428.050, 428.285 and 450.425 at the time the treatment was provided.
4. The director shall determine the amount of the assessment which a hospital must pay pursuant to this section and shall notify the hospital in writing of that amount on or before November 1 of each year. The notice must include, but is not limited to, a written statement for each claim which is denied indicating why the claim was denied. Payment is due 30 days after receipt of the notice, except for assessments deferred pursuant to subsection 2 which, if required, must be paid within 30 days after the court hearing the appeal renders its decision. If a hospital fails to pay the assessment when it is due the hospital shall pay, in addition to the assessment:
(a) Interest at a rate of 1 percent per month for each month after the assessment is due in which it remains unpaid; and
(b) Any court costs and fees required by the director to obtain payment of the assessment and interest from the hospital.
5. Any money collected pursuant to this section must be paid to the county in which the hospital paying the assessment is located for use in paying other hospitals in the county for the treatment of indigent inpatients by those hospitals. The money received by a county from assessments made pursuant to this section does not constitute revenue from taxes ad valorem for the purposes of NRS 354.59811, 428.050, 428.285 and 450.425, and must be excluded in determining the maximum rate of tax authorized by those sections.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the provision of health care; repealing the requirement for certain hospitals to provide a certain amount of uncompensated care to indigent patients; providing a minimum amount certain counties must pay to certain hospitals for serving indigent patients; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing payment of hospitals for serving indigent patients. (BDR 40‑962)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Rawson and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 349.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 372.
Amend the bill as a whole by deleting sections 1 through 14 and adding new sections designated sections 1 through 18, following the enacting clause, to read as follows:
“Section 1. Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. An unmarried member may designate, in writing, a survivor beneficiary to receive the payments provided pursuant to section 3, 4 or 5 of this act if the member is unmarried on the date of his death. A designation pursuant to this section must be made on a form approved by the executive officer.
Sec. 3. 1. The survivor beneficiary of a deceased member is entitled to receive a cumulative benefit of at least $450 per month. The payments must begin on the first day of the month immediately following the death of the member and must cease on the last day of the month in which the survivor beneficiary dies. If payments cease before the total amount of contributions made by the deceased member have been received by the survivor beneficiary, the surplus of contributions over payments received must be paid to the survivor beneficiary.
2. The benefits paid pursuant to this section are in addition to any benefits paid pursuant to NRS 286.673.
3. As used in this section, “survivor beneficiary” means a person designated pursuant to section 2 of this act.
Sec. 4. 1. Except as limited by subsection 3, the survivor beneficiary of a deceased member who had 10 or more years of accredited contributing service is entitled to receive a monthly allowance equivalent to that provided by:
(a)Option 3 in NRS 286.590, if the deceased member had less than 15 years of service on the date of his death; or
(b)Option 2 in NRS 286.590, if the deceased member had more than 15 years of service on the date of his death.
To apply the provisions of Options 2 and 3, the deceased member shall be deemed to have retired on the date of his death immediately after having named the survivor beneficiary as beneficiary pursuant to the applicable option. This benefit must be computed without any reduction for age for the deceased member. The benefits provided by this subsection must be paid to the survivor beneficiary for the remainder of the life of the survivor beneficiary.
2. The survivor beneficiary may elect to receive the benefits provided by any one of the following only:
(a)This section;
(b)Section 3 of this act; or
(c)Section 6 of this act.
3. The benefits provided by paragraph (a) of subsection 1 may only be paid to the survivor beneficiary of a member who died on or after January 1, 2002.
4. As used in this section, “survivor beneficiary” means a person designated pursuant to section 2 of this act.
Sec. 5. 1. Except as limited by subsection 2, the survivor beneficiary of a deceased member who was fully eligible to retire, both as to service and age, is entitled to receive a monthly allowance equivalent to that provided by option 2 in NRS 286.590. This section does not apply to the survivor beneficiary of a member who was eligible to retire only pursuant to subsection 6 of NRS 286.510. For the purposes of applying the provisions of option 2, the deceased member shall be deemed to have retired on the date of his death immediately after having named the survivor beneficiary as beneficiary pursuant to option 2. The benefits provided by this section must be paid to the survivor beneficiary for the remainder of the life of the survivor beneficiary. The survivor beneficiary may elect to receive the benefits provided by any one of the following only:
(a) This section;
(b) Section 3 of this act;
(c) Section 4 of this act; or
(d) Section 6 of this act.
2. The benefits provided by this section may only be paid to the survivor beneficiary of a member who died on or after January 1, 2002.
3. As used in this section, “survivor beneficiary” means a person designated pursuant to section 2 of this act.
Sec. 6. 1. Any survivor beneficiary eligible for payments pursuant to the provisions of section 3 or 4 of this act may elect to waive payment of a monthly allowance and to receive instead in a lump sum a refund of all contributions to the public employees’ retirement fund or the police and firemen’s retirement fund made by a deceased member plus any contributions made by a public employer in lieu of the employee’s contributions, but if more than one person is eligible for benefits on account of the contributions of any one deceased member, no such lump sum payment may be made.
2. As used in this section, “survivor beneficiary” means a person designated pursuant to section 2 of this act.
Sec. 7. NRS 286.510 is hereby amended to read as follows:
286.510 1. Except as otherwise provided in subsections 2 and 3, a member of the system is eligible to retire at age 65 if he has at least 5 years of service, at age 60 if he has at least 10 years of service[,] and at any age if he has at least 30 years of service.
2. A police officer or fireman is eligible to retire at age 65 if he has at least 5 years of service, at age 55 if he has at least 10 years of service, at age 50 if he has at least 20 years of service[,] and at any age if he has at least [30] 25 years of service. Only service performed in a position as a police officer or fireman, established as such by statute or regulation, service performed pursuant to subsection 3 and credit for military service, may be counted toward eligibility for retirement pursuant to this subsection.
3. Except as otherwise provided in subsection 4, a police officer or fireman who has at least 5years of service as a police officer or fireman and is otherwise eligible to apply for disability retirement pursuant to NRS 286.620 because of an injury arising out of and in the course of his employment remains eligible for retirement pursuant to subsection 2 if:
(a) He applies to the board for disability retirement and the board approves his application;
(b) In lieu of a disability retirement allowance, he accepts another position with the public employer with which he was employed when he became disabled as soon as practicable but not later than 90 days after the board approves his application for disability retirement;
(c) He remains continuously employed by that public employer until he becomes eligible for retirement pursuant to subsection 2; and
(d) After he accepts a position pursuant to paragraph (b), his contributions are paid at the rate that is actuarially determined for police officers and firemen until he becomes eligible for retirement pursuant to subsection 2.
4. If a police officer or fireman who accepted another position with the public employer with which he was employed when he became disabled pursuant to subsection 3 ceases to work for that public employer before becoming eligible to retire pursuant to subsection 2, he may begin to receive a disability retirement allowance without further approval by the board by notifying the board on a form prescribed by the board.
5. Eligibility for retirement, as provided in this section, does not require the member to have been a participant in the system at the beginning of his credited service.
6. Any member who has the years of creditable service necessary to retire but has not attained the required age, if any, may retire at any age with a benefit actuarially reduced to the required retirement age. Except as otherwise required as a result of NRS 286.537, a retirement benefit [under] pursuant to this subsection must be reduced by 4 percent of the unmodified benefit for each full year that the member is under the appropriate retirement age, and an additional 0.33 percent for each additional month that the member is under the appropriate retirement age. Any option selected [under] pursuant to this subsection must be reduced by an amount proportionate to the reduction provided in this subsection for the unmodified benefit. The board may adjust the actuarial reduction based upon an experience study of the system and recommendation by the actuary.
Sec. 8. NRS 286.551 is hereby amended to read as follows:
286.551 Except as otherwise required as a result of NRS 286.535 or 286.537:
1. Except as otherwise provided in this subsection,a monthly service retirement allowance must be determined by multiplying a member’s average compensation by 2.5 percent for each year of service[,] earned before July 1, 2001, and 2.67 percent for each year of service earned on or after July 1, 2001, except that a member:
(a) Who has an effective date of membership on or after July 1, 1985, is entitled to a benefit of not more than 75 percent of his average compensation with his eligibility for service credit ceasing at 30 years of service.
(b) Who has an effective date of membership before July 1, 1985, and retires on or after July 1, 1977, is entitled to a benefit of not more than 90 percent of his average compensation with his eligibility for service credit ceasing at 36 years of service.
In no case may the service retirement allowance determined pursuant to this section be less than the allowance to which the retired employee would have been entitled [under] pursuant to the provisions of this section which were in effect on the day before July 3, 1991.
2. For the purposes of this section, except as otherwise provided in subsection 3, “average compensation” means the average of a member’s 36 consecutive months of highest compensation as certified by the public employer.
3. The average compensation of a member who has a break in service or partial months of compensation, or both, as a result of service as a legislator during a regular or special session of the Nevada legislature must be calculated on the basis of the average of his 36 consecutive months of highest compensation as certified by his public employer excluding each month during any part of which the legislature was in session. This subsection does not affect the computation of years of service.
4. The retirement allowance for a regular part-time employee must be computed from the salary which he would have received as a full-time employee if it results in greater benefits for the employee. A regular part-time employee is a person who works half time or more, but less than full time:
(a) According to the regular schedule established by the employer for his position; and
(b) Pursuant to an established agreement between the employer and the employee.
Sec. 9. NRS 286.672 is hereby amended to read as follows:
286.672 1. Except as otherwise provided in subsection 3, if a deceased member had 2 years of accredited contributing service in the 2 1/2 years immediately preceding his death or was a regular, part-time employee who had 2 or more years of creditable contributing service before and at least 1 day of contributing service within 6 months immediately preceding his death, or if the employee had 10 or more years of accredited contributing service, certain of his dependents are eligible for payments as provided in NRS 286.671 to 286.679, inclusive [.] , and sections 2 to 6, inclusive, of this act. If the death of the member resulted from a mental or physical condition which required him to leave the employ of a participating public employer or go on leave without pay, eligibility pursuant to the provisions of this section extends for 18 months after his termination or commencement of leave without pay.
2. If the death of a member occurs while he is on leave of absence granted by his employer for further training and if he met the requirements of subsection 1 at the time his leave began, certain of his dependents are eligible for payments as provided in subsection 1.
3. If the death of a member is caused by an occupational disease or an accident arising out of and in the course of his employment, no prior contributing service is required to make his dependents eligible for payments [under] pursuant to NRS 286.671 to 286.679, inclusive, and sections 2 to 6, inclusive, of this act, except that this subsection does not apply to an accident occurring while the member is traveling between his home and his principal place of employment or to an accident or occupational disease arising out of employment for which no contribution is made.
4. As used in this section, “dependent” includes a survivor beneficiary designated pursuant to section 2 of this act.
Sec. 10. NRS 286.677 is hereby amended to read as follows:
286.677 If payments or refunds are not made [under]pursuant to the provisions of NRS 286.673, 286.674 ,[or] 286.676, or section 3 or 4 of this act, the dependent parent of a deceased member is entitled to receive a cumulative benefit of at least $400 per month, and if there are two dependent parents, each is entitled to receive a cumulative benefit of at least $400 per month. Payments to any parent [under]pursuant to this section must cease upon the death of that parent.
Sec. 11. NRS 286.6775 is hereby amended to read as follows:
286.6775 The amount of each monthly allowance paid since May 19, 1977, as specified in NRS 286.673 to 286.677, inclusive, and sections 3, 4 and 5 of this act shall not exceed the deceased member’s average compensation and shall be reduced by the amount of any other benefit received from any source:
1. If that benefit was provided or purchased by the expenditure of money by a public employer in this state, except for lump sum payments under a group insurance program; and
2. To the extent that the total of the allowance and the other benefit would otherwise exceed the deceased member’s average compensation.
Sec. 12. NRS 286.679 is hereby amended to read as follows:
286.679 1. If payments to a beneficiary [under]pursuant to NRS 286.671 to 286.679, inclusive, and sections 2 to 6, inclusive, of this act, cease before the total contributions of a deceased member have been paid in benefits, and there is no person entitled to receive such benefits [under]pursuant to any provision of this chapter, the surplus of such contributions over the benefits actually received may be paid in a lump sum to:
(a) The beneficiary whom the deceased member designated for this purpose in writing on a form approved by the system.
(b) If no such designation was made or the person designated is deceased, the beneficiary who previously received the payments.
(c) If no payment may be made pursuant to paragraphs (a) and (b), the persons entitled as heirs or residuary legatees to the estate of the deceased member.
2. A lump-sum payment made pursuant to this section fully discharges the obligations of the system.
Sec. 13. NRS 286.6793 is hereby amended to read as follows:
286.6793 1. [Retirement allowances for members who are] The retirement allowance for a member who:
(a) Ceased being an active member before July 1, 1989, vested on the date that the employee completed 10 years of accredited contributing service; and
(b) Is active on or after July 1, 1989, [become] becomes vested on the date that the employee completes 5years of accredited contributing service.
2. Benefits for survivors offered pursuant to this chapter become vested on the date that the employee completes 10 years of accredited contributing service or becomes entitled to begin receiving benefits or on the date of his death, whichever event occurs first.
3. Unless otherwise specifically provided by the amendatory act, any change in the provisions of this chapter is retroactive for all service of any member before the date of vesting, but no change may impair any vested allowance or benefit.
4. [Any person employed by the state or its political subdivisions who is a participating member of the system on or after July 1, 1989, who has been employed for a period of 5 or more years, who leaves the employ of the state or its political subdivisions before the attainment of the minimum service retirement age and who has not received a refund of his employee contributions, upon reaching the minimum service retirement age applicable to his years of service credit, may receive the same benefits to which he would otherwise have been entitled had he continued membership in the system.
5.] Upon the termination or partial termination of the system:
(a) Except as otherwise provided in paragraph (b), all accrued benefits that are funded become 100 percent vested and nonforfeitable.
(b) A member who receives his vested accrued benefits in a complete cash distribution before the termination is not entitled to the vesting of any benefits which have been forfeited.
Sec. 14. NRS 1.365 is hereby amended to read as follows:
1.365 All of the following claims must be submitted to the court administrator, who shall act as administrative officer in processing the claims:
1. Claims of justices of the supreme court [under] pursuant to NRS 2.050 and 2.060.
2. Claims [of surviving spouses of justices of the supreme court under] pursuant to NRS 2.070 [.]and section 15 of this act.
3. Claims of judges of the district courts [under] pursuant to NRS 3.030 and 3.090.
4. Claims [of surviving spouses of judges of the district courts under] pursuant to NRS 3.095 [.]and section 16 of this act.
Sec. 15. Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a justice of the supreme court at the time of his death had retired and was then receiving a pension pursuant to the provisions of NRS 2.060, or if at the time of his death the justice had not retired but had performed sufficient service for retirement pursuant to the provisions of NRS 2.060, the survivor beneficiary, if the survivor beneficiary has attained the age of 60 years, is entitled, until his death, to receive monthly payments of $2,500 per month.
2. If a survivor beneficiary of a justice is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of section 3 of this act for the survivor beneficiary of a deceased member of the public employees’ retirement system.
3. To obtain these benefits, the survivor beneficiary must make application to the board, commission or authority entrusted with the administration of the judges’ pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.
4. Any person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired pursuant to the public employees’ retirement system.
5. It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made pursuant to the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to justices of the supreme court.
6. As used in this section, “survivor beneficiary” means a person designated pursuant to section 2 of this act.
Sec. 16. Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a district judge at the time of his death had retired and was then receiving a pension pursuant to the provisions of NRS 3.090, or if at the time of his death the judge had not retired but had performed sufficient service for retirement pursuant to the provisions of NRS 3.090, the survivor beneficiary, if the survivor beneficiary has attained the age of 60 years, is entitled, until his death, to receive monthly payments of $2,500 per month.
2. If a survivor beneficiary of a judge is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of section 3 of this act for the survivor beneficiary of a deceased member of the public employees’ retirement system.
3. To obtain these benefits, the survivor beneficiary must make application to the board, commission or authority entrusted with the administration of the judges’ pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.
4. Any person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired pursuant to the public employees’ retirement system.
5. It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made pursuant to the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to district judges.
6. As used in this section, “survivor beneficiary” means a person designated pursuant to section 2 of this act.
Sec. 17. NRS 218.2392 is hereby amended to read as follows:
218.2392 1. The provisions of NRS 286.671 to 286.679, inclusive, and sections 2 to 6, inclusive, of this act, except NRS 286.6775, relating to benefits for survivors [under]pursuant to the public employees’ retirement system, are applicable to a legislator’s dependents, and such benefits for survivors shall be paid by the board following the death of a legislator to the persons entitled thereto from the legislators’ retirement fund.
2. It is declared that of the contributions required by subsections 1 and 2 of NRS 218.2387 , one-half of 1 percent shall be regarded as costs incurred in benefits for survivors.
Sec. 18. 1. This section and sections 7, 8 and 13 of this act become effective on July 1, 2001.
2. Sections 1 to 6, inclusive, 9 to 12, inclusive, and 14 to 17, inclusive, of this act become effective on January 1, 2002.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the public employees’ retirement system; providing for benefits for a survivor beneficiary in certain circumstances; decreasing the number of years of service at which a police officer or fireman is eligible to retire regardless of age; revising the formula for calculating retirement allowances; 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. 371.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 540.
Amend the bill as a whole by deleting sections 1 through 14 and the text of the repealed section and adding new sections designated sections 1 through 19, following the enacting clause, to read as follows:
“Section 1. Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, “state committee” means the state committee on pain management issues.
Sec. 3. 1. The state committee on pain management issues is hereby created. The state committee consists of seven members appointed by the governor as follows:
(a) Three members who are physicians licensed pursuant to chapter 630 or 633 of NRS, as applicable, and who:
(1) Are actively engaged in the practice of medicine or osteopathy in this state;
(2) Have at least 5 years of experience in the practice of medicine or osteopathy in this state; and
(3) Represent the specialties of practice that treat a chronic or debilitating medical condition.
(b) Two members who are pharmacists registered pursuant to chapter 639 of NRS and who:
(1) Are actively engaged in the practice of pharmacy in this state; and
(2) Have at least 5 years of experience in the practice of pharmacy in this state.
(c) Two members who represent the general public and who are not related by consanguinity or affinity within the third degree to a physician or pharmacist who practices in this state.
The governor shall not appoint to serve on the state committee any person who has a direct or indirect interest in a research program for pain management.
2. To the extent practicable, a person who is appointed to serve on the state committee pursuant to subsection 1 must possess knowledge of and experience in reading and interpreting research protocols and data or possess specific knowledge of the research regarding pain management.
3. Within 30 days after his appointment, a member of the state committee shall take and subscribe to an oath to carry out his duties pursuant to this chapter in a faithful and impartial manner.
4. The members of the state committee shall select a chairman and vice chairman from among their membership.
5. After the initial terms, each member of the state committee serves a term of 3 years. A member of the state committee may not serve for more than three consecutive terms. If a vacancy occurs on the state committee, the vacancy must be filled in the same manner as the original appointment for the remainder of the unexpired term.
6. Each member of the state committee is entitled to receive for each day or portion of a day that he attends a meeting of the state committee or is otherwise engaged in the business of the state committee:
(a) A salary of $80; and
(b) The per diem allowance and travel expenses provided for state officers and employees generally.
7. The health division of the department of human resources shall provide administrative support to the state committee.
8. Each member of the state committee serves at the pleasure of the governor.
Sec. 4. 1. The state committee shall promote appropriate protocols for pain management within this state and clinical trials of drugs. In carrying out such duties, the state committee shall meet at least quarterly, or at the call of the chairman, and shall:
(a) Work cooperatively with the state board of pharmacy, the board of medical examiners, the state board of osteopathic medicine and the University and Community College System of Nevada to establish educational programs for health professionals to disseminate information concerning the Model Guidelines for the Use of Controlled Substances for the Treatment of Pain adopted in May 1998 by the Federation of State Medical Boards of the United States, Inc.
(b) Work cooperatively with the University of Nevada School of Medicine and apply for available federal grants to conduct clinical trials of drugs and other research relating to pain management issues.
(c) Develop and carry out incentive programs to encourage physicians and osteopathic physicians to locate in Nevada for the purpose of conducting clinical trials of drugs that are appropriate to pain management.
2. The state committee shall hold two meetings each year at the call of the chairman to review applications submitted to the state committee for the approval of a research program for pain management. Within the limits of money available to the state committee, the state committee may hold additional meetings at the call of the chairman.
3. Four members of the state committee constitute a quorum for the transaction of business. A majority vote of the members present is required to take action with respect to any matter.
Sec. 5. 1. A person may submit an application to the state committee for the approval of a research program for pain management. An application must be submitted on a form provided by the state committee.
2. The state committee shall review each application that it receives to determine whether:
(a) The primary purpose of the proposed research program is to treat or alleviate a chronic or debilitating medical condition; and
(b) The proposed research program:
(1) Complies with all federal laws and guidelines for such research;
(2) Incorporates adequate safeguards to ensure that the distribution of controlled substances and other drugs for purposes of the program is made only to those persons who are participating in the program and is not diverted for unlawful or unauthorized use;
(3) Adequately protects the confidentiality of those persons who participate in the program, and provides access to the identity of those persons by authorized employees of state and local law enforcement agencies only as is necessary to verify the status of a person as a participant in an approved research program;
(4) Incorporates adequate protections for the health and safety of the persons who participate in the program; and
(5) Is likely to produce results that are scientifically and medically valid.
3. The state committee shall make a determination on an application within a reasonable period after receipt of the application. A determination of the state committee is final and not subject to appeal. The determination of the state committee must be based upon:
(a) The review of the application pursuant to subsection 2;
(b) Materials, if any, accompanying the application;
(c) Personal interviews conducted by the state committee, if any, of the proponents of the application; and
(d) Any other information or material relevant to the proposed research program.
4. If the state committee approves a research program, the state committee shall prepare and provide to the applicant a written statement indicating its approval of the research program in a format that may be submitted by the applicant to the Federal Government for registration pursuant to 21 U.S.C. § 823 in connection with the research program. A person shall not conduct a research program for pain management until he has obtained all necessary approvals from the Federal Government pursuant to 21 U.S.C. § 823, regardless of whether the state committee has approved the research program.
5. To the extent that money is made available by legislative appropriation or otherwise, the state committee may distribute money to successful applicants who are registered pursuant to 21 U.S.C. § 823 to conduct the research program. The state committee may determine the amount of money so distributed and any conditions for receipt of the money.
6. If the Federal Government suspends or revokes the registration of a person to conduct a research program, the approval of the research program by the state committee shall be deemed revoked.
Sec. 6. If the state committee or a member of the state committee, acting pursuant to this chapter, initiates or assists in any proceeding concerning an application for approval of a research program, the state committee and its members are immune from any civil action for such initiation or assistance or any consequential damages, if the state committee and its members acted without malicious intent.
Sec. 7. Except as otherwise provided in section 8 of this act, if a person has obtained the approval of the state committee for a research program for pain management and that person is registered to conduct the research program by the Federal Government pursuant to 21 U.S.C. § 823, the:
1. Person who conducts or operates the program and any person working under his immediate direction, supervision or instruction for the program;
2. Physicians and pharmacists assisting with the program and those persons working under their immediate direction, supervision or instruction for the program; and
3. Persons who participate in the program, are exempt from criminal prosecution in this state and are immune from civil and criminal liability in this state for the possession or delivery of any controlled substance, any dangerous drug as defined in NRS 454.201, or any other drug specific to the approved research program.
Sec. 8. The provisions of this chapter do not:
1. Authorize the possession or delivery of any controlled substance, any dangerous drug as defined in NRS 454.201 or any other drug for purposes other than those related to a research program that has been approved by the state committee and authorized by federal law;
2. Require an insurer, organization for managed care or any person or entity who provides coverage for a medical or health care service to pay for or reimburse a person participating in an approved research program for pain management for costs associated with that research;
3. Protect a person against prosecution or civil liability for any act involving the possession or delivery of a controlled substance, any dangerous drug as defined in NRS 454.201 or any other drug in a manner not authorized pursuant to this chapter; or
4. Require an employer or any operator of a place of public accommodation to authorize research relating to pain management on its premises or otherwise make accommodations for such research.
Sec. 9. 1. The state committee shall adopt regulations prescribing the:
(a) Process for submission of an application by a person for the approval of a research program pursuant to section 5 of this act;
(b) Criteria and type of investigation that will be applied by the state committee in determining whether to approve an application;
(c) Conditions, if any, under which the state committee may allow a person to resubmit an application that has been denied by the state committee; and
(d) Except as otherwise provided in subsection 6 of section 5 of this act, conditions under which the state committee may revoke its approval of a research program.
2. The state committee may adopt such regulations:
(a) As the state committee determines are necessary to carry out its duties pursuant to this chapter.
(b) Not inconsistent with the constitution or laws of the United States, or of this state, as the state committee determines are necessary to protect the public with regard to research relating to pain management.
Sec. 10. Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:
The provisions of this chapter do not apply to the extent that they are inconsistent with the provisions of sections 2 to 9, inclusive, of this act.
Sec. 11. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:
The board shall adopt regulations governing the use of controlled substances for the treatment of pain. The regulations must be substantially similar to the Model Guidelines for the Use of Controlled Substances for the Treatment of Pain adopted in May 1998 by the Federation of State Medical Boards of the United States, Inc., to the extent that the board determines that the model guidelines are appropriate for use in this state.
Sec. 12. NRS 630.3066 is hereby amended to read as follows:
630.3066 A physician is not subject to disciplinary action solely for [prescribing] :
1. Prescribing or administering to a patient under his care:
[1.] (a) Amygdalin (laetrile), if the patient has consented in writing to the use of the substance.
[2.] (b) Procaine hydrochloride with preservatives and stabilizers (Gerovital H3).
[3.](c) A controlled substance which is listed in schedule II, III, IV or V by the state board of pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully prescribed or administered for the treatment of intractable pain in accordance with accepted standards for the practice of medicine.
2. Conducting or assisting with a research program that has been approved by the state committee on pain management issues pursuant to section 5 of this act if the person who conducts the research program is registered pursuant to 21 U.S.C. § 823 and conducts the research in accordance with state and federal law.
Sec. 13. Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:
The board shall adopt regulations governing the use of controlled substances for the treatment of pain. The regulations must be substantially similar to the Model Guidelines for the Use of Controlled Substances for the Treatment of Pain adopted in May 1998 by the Federation of State Medical Boards of the United States, Inc., to the extent that the board determines that the model guidelines are appropriate for use in this state.
Sec. 14. NRS 633.521 is hereby amended to read as follows:
633.521 An osteopathic physician is not subject to disciplinary action solely for [prescribing] :
1. Prescribing or administering to a patient under his care:
[1.] (a) Amygdalin (laetrile), if the patient has consented to the use of the substance.
[2.] (b) Procaine hydrochloride with preservatives and stabilizers (Gerovital H3).
[3.] (c) A controlled substance which is listed in schedule II, III, IV or V by the state board of pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully prescribed or administered for the treatment of intractable pain in accordance with accepted standards for the practice of osteopathic medicine.
2. Conducting or assisting with a research program that has been approved by the state committee on pain management issues pursuant to section 5 of this act if the person who conducts the research program is registered pursuant to 21 U.S.C. § 823 and conducts the research in accordance with state and federal law.
Sec. 15. NRS 639.2176 is hereby amended to read as follows:
639.2176 The board shall adopt regulations [necessary] :
1. Necessary to carry out the purposes of NRS 639.2171 to 639.2176, inclusive, which must include the methods of determining accredited programs, the number of hours of continuing professional education necessary to constitute a continuing education unit, the number of units required of each pharmacist during the period for which a certificate is issued and such other regulations consistent with NRS 639.2171 to 639.2176, inclusive, as the board may determine to be necessary.
2. Requiring each registered pharmacist to be knowledgeable concerning the Model Guidelines for the Use of Controlled Substances for the Treatment of Pain adopted in May 1998 by the Federation of State Medical Boards of the United States, Inc., to the extent that the board determines that the model guidelines are appropriate for use in this state.
Sec. 16. 1. There is hereby appropriated from the state general fund to the health division of the department of human resources the sum of $5,000 for the payment of:
(a) The salaries, per diem allowances and travel expenses of the members of the state committee on pain management issues created by section 3 of this act; and
(b) Incidental expenses of the health division incurred in providing administrative assistance to the state committee on pain management issues.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 17. 1. On or before October 1, 2001, the governor shall appoint the following members to the state committee on pain management issues to terms expiring September 30, 2003:
(a) Two members pursuant to paragraph (a) of subsection 1 of section 3 of this act;
(b) One member pursuant to paragraph (b) of subsection 1 of section 3 of this act; and
(c) One member pursuant to paragraph (c) of subsection 1 of section 3 of this act.
2. On or before October 1, 2001, the governor shall appoint the following members to the state committee on pain management issues to terms expiring on September 30, 2004:
(a) One member pursuant to paragraph (a) of subsection 1 of section 3 of this act;
(b) One member pursuant to paragraph (b) of subsection 1 of section 3 of this act; and
(c) One member pursuant to paragraph (c) of subsection 1 of section 3 of this act.
Sec. 18. The state committee on pain management issues shall:
1. On or before July 1, 2002, submit a report of its progress to the director of the legislative counsel bureau for transmittal to the legislative committee on health care; and
2. On or before January 1, 2003, submit a full report of its activities and any findings or recommendations to the director of the legislative counsel bureau for transmittal to the 72nd session of the Nevada legislature.
Sec. 19. This act becomes effective upon passage and approval for the purpose of appointing the members of the state committee on pain management issues and on October 1, 2001, for all other purposes.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public health; creating a state committee on pain management issues; prescribing the membership and duties of the committee; authorizing persons to apply to the committee for approval of research programs for pain management; providing immunity from civil and criminal liability for the possession and delivery of controlled substances and certain drugs under certain circumstances; making an appropriation; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Creates state committee on pain management issues. (BDR 40-1242)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Rawson and Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 416.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 312.
Amend section 1, page 2, by deleting lines 20 through 33 and inserting:
“13. To any person who acts as a customer of a business or a client of a business organization or governmental entity for the purpose of evaluating the service provided to customers or clients by the employees of the business, business organization or governmental entity, the operational procedures and cleanliness of the business, business organization or governmental entity, and the quality, availability and prices of the goods and services of the business, business organization or governmental entity if:
(a) The person uses a questionnaire approved by the business, business organization or governmental entity to record those observations;
(b) The information contained in the questionnaire is not used as the sole basis to discipline or discharge an employee of the business, business organization or governmental entity;
(c) The information contained in the questionnaire is used to provide training or incentives to employees of the business, business organization or governmental entity; and
(d) The person does not engage in any investigation or observation of an employee of the business, business organization or governmental entity for the purpose of determining whether the employee has committed a crime.”.
Amend the title of the bill, first line, after “persons” by inserting: “and governmental entities”.
Amend the summary of the bill to read as follows:
“SUMMARY—Exempts certain persons and governmental entities from provisions governing licensure of private investigators. (BDR 54-933)”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Townsend and Coffin.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 489.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 478.
Amend the bill as a whole by deleting section 1 and adding:
“Section 1. (Deleted by amendment.)”.
Amend sec. 45, pages 20 and 21, by deleting lines 39 through 49 on page 20 and lines 1 through 31 on page 21, and inserting:
“120A.420 1. The [chief of the division of unclaimed property] administrator may , at reasonable times and upon reasonable notice , examine the records of any person if he has reason to believe that the person has failed to report property which should have been reported pursuant to this chapter.
2. To determine compliance with this chapter, the commissioner of financial institutions may examine the records of any banking organization and any savings and loan association doing business within this state but not organized under the laws of or created in this state.
3. When requested by the [chief of the division of unclaimed property,] administrator, any licensing or regulating agency otherwise empowered by the laws of this state to examine the records of the holder shall include in its examination a determination whether the holder has complied with this chapter.”.
Amend sec. 53, page 26, lines 5 and 17, by deleting: “the immediately preceding”.
Amend sec. 53, page 26, lines 25 and 26, by deleting: “the immediately preceding”.
Amend sec. 53, page 26, lines 31 and 36, by deleting: “the immediately preceding”.
Amend sec. 53, page 26, line 41, 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. 53, page 26, line 47, by deleting “4.” and inserting “5.”.
Amend sec. 53, page 27, line 3, by deleting “5.” and inserting “6.”.
Amend sec. 53, page 27, line 11, by deleting “6.” and inserting “7.”.
Amend sec. 72, page 35, line 29, by deleting “1.”.
Amend sec. 72, page 35, by deleting line 30.
Amend sec. 73, page 35, by deleting line 32 and inserting: “69, 72 and 74 of this act become”.
Amend sec. 73, page 35, by deleting line 35 and inserting: “71 of this act become effective on”.
Amend the text of repealed sections by deleting the text of NRS 226.100.
Amend the title of the bill by deleting the second through fourth lines and inserting: “to use a facsimile signature; abolishing the division of unclaimed property of the department of business and industry and transferring the duties of the division to the state treasurer; authorizing the state treasurer to employ a deputy of unclaimed property; revising the time for the”.
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 513.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 206.
Amend sec. 5, page 2, line 20, by deleting “A” and inserting:
“1. Except as otherwise provided in subsection 2, a”.
Amend sec. 5, page 2, line 22, by deleting “1.” and inserting “(a)”.
Amend sec. 5, page 2, line 23, by deleting “2.” and inserting “(b)”.
Amend sec. 5, page 2, line 25, by deleting “3.” and inserting “(c)”.
Amend sec. 5, page 2, line 28, by deleting “hearing.” and inserting “meeting.”.
Amend sec. 5, page 2, between lines 30 and 31 by inserting:
“2. A regulatory body that consists of one natural person may approve a consent agreement without complying with subsection 1, if:
(a) The regulatory body posts a notice in accordance with the requirements for notice for a meeting held pursuant to chapter 241 of NRS which provides notice that:
(1) The regulatory body intends to resolve the alleged violation by entering into a consent agreement with the person who allegedly committed the violation; and
(2) For a limited time set forth in the notice, any person who so desires may request that the regulatory body conduct a public meeting to discuss the terms of the consent agreement by submitting a written request for such a meeting to the regulatory body within the time prescribed; and
(b) After the expiration of the time for receiving requests for a public meeting pursuant to subparagraph (2) of paragraph (a), the regulatory body has received no requests for a public meeting on the consent agreement.”.
Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:
“Sec. 5.5. NRS 623.131 is hereby amended to read as follows:
623.131 1. Except as otherwise provided in subsections 2, 3 and 4, the records of the board which relate to:
(a) An employee of the board;
(b) An examination given by the board; or
(c) Complaints and charges filed with the board and the material compiled as a result of its investigation of those complaints and charges,
are confidential.
2. The records described in subsection 1 may be disclosed, pursuant to procedures established by regulation of the board, to a court or an agency of the Federal Government, any state, any political subdivision of this state , or any other related professional board or organization.
3. [Upon completion of an investigation by the board, any records of the board described in paragraph (c) of subsection 1 are public records only if:
(a) Disciplinary action is imposed by the board as a result of the investigation; or
(b) The person regarding whom the investigation was made submits a written request to the board requesting that the records be made] The complaint or other document filed by the board to initiate disciplinary action and all other documents and information considered by the board when determining whether to impose discipline are public records.
4. The board may report to other related professional boards and organizations an applicant’s score on an examination given by the board.”.
Amend sec. 6, page 3, by deleting lines 27 and 28, and inserting:
“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 7, page 4, line 1, by deleting “impose” and inserting “initiate”.
Amend sec. 7, page 4, by deleting lines 3 through 8 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.
Amend sec. 8, page 4, by deleting lines 25 and 26, and inserting:
“2. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 9, page 4, line 34, by deleting “impose” and inserting “initiate”.
Amend sec. 9, page 4, by deleting lines 36 through 41 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public records.”.
Amend sec. 12, page 6, by deleting lines 29 and 30 and inserting:
“8. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 13, page 6, by deleting lines 34 through 36 and inserting:
“[until the investigation is completed.]”.
Amend sec. 13, page 6, line 37, by deleting “records.”.
Amend sec. 13, page 6, by deleting lines 40 through 45, and inserting: “investigative file remains confidential. [If a formal complaint is filed, all pleadings and evidence introduced at the hearing] The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.
Amend sec. 14, page 7, by deleting lines 20 and 21 and inserting:
“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 15, page 7, line 27, by deleting “impose” and inserting “initiate”.
Amend sec. 15, page 7, by deleting lines 29 through 34 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.
Amend sec. 16, page 7, by deleting lines 48 and 49 and inserting:
“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 17, page 8, line 6, by deleting “impose” and inserting “initiate”.
Amend sec. 17, page 8, by deleting lines 8 through 13 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.
Amend sec. 18, page 9, by deleting lines 17 and 18 and inserting:
“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 19, page 10, line 5, by deleting “impose” and inserting “initiate”.
Amend sec. 19, page 10, by deleting lines 7 through 11 and inserting:
“5. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.
Amend sec. 20, page 11, by deleting lines 9 and 10 and inserting:
“6. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 21, page 11, by deleting lines 43 and 44 and inserting:
“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend the bill as a whole by adding a new section designated sec. 21.5, following sec. 21, to read as follows:
“Sec. 21.5. NRS 630A.555 is hereby amended to read as follows:
630A.555 1. Except as otherwise provided in [subsection 2,] this section, any records or information obtained during an investigation by the board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation, the information and records are public records if:
(a) Disciplinary action is imposed by the board as a result of the investigation; or
(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.]
2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public.
3. The board may provide any record or information described in subsection 1 to any other licensing board or agency, including a law enforcement agency, which is investigating a person who is licensed pursuant to this chapter.”.
Amend sec. 22, page 12, by deleting lines 37 and 38 and inserting:
“6. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend the bill as a whole by adding a new section designated sec. 22.5, following sec. 22, to read as follows:
“Sec. 22.5. NRS 631.368 is hereby amended to read as follows:
631.368 1. Except as otherwise provided in [subsection 2,] this section, any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:
(a) Disciplinary action is imposed by the board as a result of the investigation; or
(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.]
2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public records.
3. The board may provide any record or information described in subsection 1 to any other licensing board or agency or any agency which is investigating a person licensed pursuant to this chapter, including a law enforcement agency.”.
Amend sec. 23, page 13, by deleting lines 19 and 20 and inserting:
“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend the bill as a whole by adding a new section designated section 23.5,following sec. 23, to read as follows:
“Sec. 23.5. NRS 632.405 is hereby amended to read as follows:
632.405 1. [Any] Except as otherwise provided in this section, any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:
(a) Disciplinary action is imposed by the board as a result of the investigation; or
(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.]
2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose disciplinary action are public records.
3. This section does not prevent or prohibit the board from communicating or cooperating with another licensing board or any agency that is investigating a licensee, including a law enforcement agency.”.
Amend sec. 24, page 13, line 26, by deleting “impose” and inserting “initiate”.
Amend sec. 24, page 13, by deleting lines 28 through 32 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.
Amend sec. 26, page 14, by deleting lines 14 and 15 and inserting:
“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 27, page 14, line 21, by deleting “impose” and inserting “initiate”.
Amend sec. 27, page 14, by deleting lines 23 through 28 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public records.”.
Amend sec. 28, page 15, by deleting lines 8 and 9 and inserting:
“5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 30, page 15, line 36, by deleting “impose” and inserting “initiate”.
Amend sec. 30, page 15, by deleting lines 38 through 45 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public records.
3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 32, page 16, line 11, by deleting “impose” and inserting “initiate”.
Amend sec. 32, page 16, by deleting lines 13 through 21 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public records.
3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 35, page 17, line 25, by deleting “impose” and inserting “initiate”.
Amend sec. 35, page 17, by deleting lines 27 through 32 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.
Amend sec. 37, page 18, by deleting lines 16 and 17 and inserting:
“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 38, page 18, line 23, by deleting “impose” and inserting “initiate”.
Amend sec. 38, page 18, by deleting lines 25 through 30 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.
Amend sec. 40, page 19, by deleting lines 38 and 39 and inserting:
“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 41, page 19, line 45, by deleting “impose” and inserting “initiate”.
Amend sec. 41, pages 19 and 20, by deleting lines 47 and 48 on page 19 and lines 1 through 4 on page 20 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.
Amend sec. 42, page 20, by deleting lines 28 and 29 and inserting:
“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 43, page 20, line 35, by deleting “impose” and inserting “initiate”.
Amend sec. 43, page 20, by deleting lines 37 through 42 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.
Amend sec. 44, page 21, by deleting lines 6 and 7 and inserting:
“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 45, page 21, line 13, by deleting “impose” and inserting “initiate”.
Amend sec. 45, page 21, by deleting lines 15 through 20 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.
Amend sec. 48, page 22, by deleting lines 42 and 43 and inserting:
“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend the bill as a whole by adding a new section designated sec. 48.5, following sec. 48, to read as follows:
“Sec. 48.5. NRS 639.2485 is hereby amended to read as follows:
639.2485 1. [Any] Except as otherwise provided in this section, any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:
(a) Disciplinary action is imposed by the board as a result of the investigation; or
(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.]
2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public records.
3. The board may disclose to a practitioner and a law enforcement agency information concerning a person who procures or attempts to procure any dangerous drug or controlled substance in violation of NRS 453.391 or 454.311.
[3.] 4. If the board receives a request or subpoena for records or information obtained during an investigation by the board and the records or information is not made public pursuant to subsection [1,] 2, the board shall notify the person regarding whom the investigation was made of the request or subpoena. If that person does not consent in writing to the release of the records or information, the board may release the records or information only upon the order of a court of competent jurisdiction.”.
Amend sec. 49, page 23, by deleting lines 14 and 15 and inserting:
“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 50, page 23, line 17, by deleting “Any” and inserting: “[Any] Except as otherwise provided in this section, any”.
Amend sec. 50, page 23, by deleting lines 19 through 26 and inserting: “confidential . [until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:
(a) Disciplinary action is imposed by the board as a result of the investigation; or
(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.]
2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public records.
3. This section does not prevent or prohibit the board from”.
Amend sec. 50, page 23, by deleting lines 29 and 30 and inserting:
“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 52, page 24, by deleting lines 36 and 37 and inserting:
“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend the bill as a whole by adding a new section designated sec. 52.5, following sec. 52, to read as follows:
“Sec. 52.5. NRS 640A.220 is hereby amended to read as follows:
640A.220 [Any]
1. Except as otherwise provided in this section, any records or information obtained during the course of an investigation by the board are confidential . [until the investigation is completed. Upon completion of the investigation, the records and information are public records if:
1. Disciplinary action is imposed by the board as a result of the investigation; or
2. The person under investigation submits a written request to the board asking that the information and records be made]
2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public records.”.
Amend sec. 54, page 25, by deleting lines 37 and 38 and inserting:
“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 55, page 25, by deleting line 40 and inserting:
“641.255 [All]
1. Except as otherwise provided in subsection 2, all complaints filed with the board , all information”.
Amend sec. 55, page 25, line 42, by deleting “impose” and inserting “initiate”.
Amend sec. 55, page 25, line 45, by deleting “chapter.]” and inserting “chapter. If]”.
Amend sec. 55, pages 25 and 26, by deleting lines 46 through 49 on page 25 and lines 1 through 7 on page 26, and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public records.”.
Amend the bill as a whole by inserting a new section designated sec. 55.5, following sec. 55, to read as follows:
“Sec. 55.5. NRS 641A.191 is hereby amended to read as follows:
641A.191 1. [Any] Except as otherwise provided in this section, any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential . [until the investigation is completed. Except as otherwise provided in NRS 641A.315, upon completion of the investigation the information and records are public records, only if:
(a) Disciplinary action is imposed by the board as a result of the investigation; or
(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.]
2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public records.
3. This section does not prohibit the board from communicating or cooperating with any other licensing board or agency or any agency which is investigating a licensee, including a law enforcement agency.”.
Amend sec. 56, page 26, by deleting lines 23 and 24 and inserting:
“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 57, page 27, by deleting lines 4 and 5 and inserting:
“5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 58, page 28, by deleting lines 5 and 6 and inserting:
“8. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend the bill as a whole by adding a new section designated sec. 58.5, following sec. 58, to read as follows:
“Sec. 58.5. NRS 641C.760 is hereby amended to read as follows:
641C.760 1. [Any] Except as otherwise provided in this section, any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation, the information and records are public records if:
(a) Disciplinary action is imposed by the board as a result of the investigation; or
(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.]
2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public records.
3. If the board receives a request or subpoena for records or information obtained during an investigation by the board and the records or information is not made public pursuant to subsection [1,]2, the board shall notify the person regarding whom the investigation was made of the request or subpoena. If that person does not consent in writing to the release of the records or information, the board may release the records or information only upon the order of a court of competent jurisdiction.”.
Amend sec. 59, page 28, line 12, by deleting “impose” and inserting “initiate”.
Amend sec. 59, page 28, by deleting lines 14 through 19 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.
Amend sec. 60, page 28, by deleting lines 40 and 41 and inserting:
“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 61, page 29, by deleting lines 19 and 20 and inserting:
“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 62, page 29, line 26, by deleting “impose” and inserting “initiate”.
Amend sec. 62, page 29, by deleting lines 28 through 33 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.
Amend sec. 63, page 30, by deleting lines 6 and 7 and inserting:
“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 64, page 30, line 13, by deleting “impose” and inserting “initiate”.
Amend sec. 64, page 30, by deleting lines 15 through 19 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.
Amend sec. 66, page 31, by deleting lines 18 and 19 and inserting:
“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 67, page 31, line 26, by deleting “impose” and inserting “initiate”.
Amend sec. 67, page 31, by deleting lines 28 through 33 and inserting:
“2. The complaint or other document filed by the commission to initiate disciplinary action and all documents and information considered by the commission when determining whether to impose discipline are”.
Amend sec. 69, page 33, by deleting lines 4 and 5 and inserting:
“2. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 71, page 33, line 45, by deleting “impose” and inserting “initiate”.
Amend sec. 71, pages 33 and 34, by deleting lines 47 and 48 on page 33 and lines 1 through 4 on page 34, and inserting:
“2. The complaint or other document filed by the commissioner to initiate disciplinary action and all documents and information considered by the commissioner when determining whether to impose discipline are”.
Amend sec. 73, page 36, by deleting lines 10 and 11 and inserting:
“5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 74, page 36, line 17, by deleting “impose” and inserting “initiate”.
Amend sec. 74, page 36, by deleting lines 19 through 27 and inserting:
“2. The complaint or other document filed by the commissioner to initiate disciplinary action and all documents and information considered by the commissioner when determining whether to impose discipline are public records.
3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 78, page 38, line 42, by deleting “impose” and inserting “initiate”.
Amend sec. 78, pages 38 and 39, by deleting lines 44 through 47 on page 38 and lines 1 and 2 on page 39, and inserting:
“2. The complaint or other document filed by the commission to initiate disciplinary action and all documents and information considered by the commission when determining whether to impose discipline are”.
Amend sec. 80, page 39, by deleting lines 46 and 47 and inserting:
“ recovered by the commission.] An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 81, page 40, line 6, by deleting “impose” and inserting “initiate”.
Amend sec. 81, page 40, by deleting lines 8 through 13 and inserting:
“2. The complaint or other document filed by the division to initiate disciplinary action and all documents and information considered by the division when determining whether to impose discipline are public”.
Amend sec. 83, page 41, by deleting lines 1 and 2 and inserting:
“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 84, page 41, line 8, by deleting “impose” and inserting “initiate”.
Amend sec. 84, page 41, by deleting lines 10 through 15 and inserting:
“2. The complaint or other document filed by the commissioner to initiate disciplinary action and all documents and information considered by the commissioner when determining whether to impose discipline are”.
Amend sec. 86, page 42, by deleting lines 46 and 47 and inserting:
“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend the bill as a whole by adding a new section designated sec. 86.5, following sec. 86, to read as follows:
“Sec. 86.5. NRS 648.034 is hereby amended to read as follows:
648.034 1. [Any] Except as otherwise provided in this section, any records or information obtained during the course of an investigation of a licensee by the board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:
(a) Disciplinary action is imposed by the board as a result of the investigation; or
(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.]
2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public records.
3. This section does not prevent or prohibit the board from communicating or cooperating with another licensing board or any agency that is investigating a licensee, including a law enforcement agency.”.
Amend sec. 87, page 43, by deleting lines 18 and 19 and inserting:
“2. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 88, page 43, line 25, by deleting “impose” and inserting “initiate”.
Amend sec. 88, page 43, by deleting lines 27 through 32 and inserting:
“2. The complaint or other document filed by the commissioner to initiate disciplinary action and all documents and information considered by the commissioner when determining whether to impose discipline are”.
Amend sec. 89, page 44, by deleting lines 9 and 10 and inserting:
“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 90, page 44, line 16, by deleting “impose” and inserting “initiate”.
Amend sec. 90, page 44, by deleting lines 18 through 26 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public records.
3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 91, page 44, line 32, by deleting “impose” and inserting “initiate”.
Amend sec. 91, page 44, by deleting lines 34 through 39 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.
Amend sec. 93, page 46, by deleting lines 6 and 7 and inserting:
“recovered by the board.] An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend sec. 94, page 46, line 13, by deleting “impose” and inserting “initiate”.
Amend sec. 94, page 46, by deleting lines 15 through 23 and inserting:
“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public records.
3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.
Amend the title of the bill, by deleting the seventh through ninth lines and inserting: “under certain circumstances; requiring such regulatory bodies to hold a public meeting to discuss and approve the terms of certain consent agreements before entering such agreements; creating an exception to such requirement; requiring any”.
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. 531.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 427.
Amend sec. 10, page 4, by deleting line 31 and inserting:
“(c) Is governed by the regulations adopted by the commission pursuant to subsection 3 of section 1 of this act; and”.
Amend sec. 11, page 4, by deleting line 43 and inserting:
“4. Are governed by the regulations adopted by the commission pursuant to subsection 3 of section 1 of this act.”.
Amend the bill as a whole by deleting sections 20 and 21 and renumbering sections 22 through 24 as sections 20 through 22.
Amend sec. 22, page 9, by deleting lines 39 through 44 and inserting:
“Sec. 20. 1. Except as otherwise provided in this section, nothing in this act affects the rights and privileges granted by law to any current employee, including, without limitation, vested rights concerning retirement benefits.
2. Notwithstanding sections 8, 10 and 11 of this act:
(a) The Colorado River commission of Nevada shall not require any current employee to transfer to an exempt position;
(b) The position of a current employee who elects to remain in the classified or unclassified service of the state continues to be governed by all applicable provisions of chapter 284 of NRS; and
(c) A current employee who elects to transfer to an exempt position is governed by the provisions of the regulations adopted by the Colorado River commission of Nevada pursuant to subsection 3 of section 1 of this act.
3. The Colorado River commission of Nevada shall adopt regulations providing a procedure by which a current employee who is offered an exempt position may elect to remain in the classified or unclassified service of the state or may elect to transfer to the exempt position.”.
Amend sec. 22, page 9, line 45, by deleting “2.” and inserting “4.”.
Amend sec. 22, page 10, line 1, by deleting “3.” and inserting “5.”.
Amend sec. 22, page 10, between lines 7 and 8, by inserting:
“6. As used in this section:
(a) “Current employee” means an employee of the Colorado River commission of Nevada who is employed by the commission on the effective date of this act.
(b) “Exempt position” means a position of employment created pursuant to paragraph (a) of subsection 1 of section 1 of this act.”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 541.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 535.
Amend sec. 8, page 3, line 38, after “institution;” by inserting “and”.
Amend sec. 8, page 3, by deleting line 39.
Amend sec. 8, page 3, line 40, by deleting “(c)” and inserting “(b)”.
Amend sec. 8, page 4, by deleting lines 1 through 3.
Amend sec. 8, page 4, line 4, by deleting “4.” and inserting “3.”.
Amend sec. 9, page 4, line 7, after “1.” by inserting: “The administrator shall, in accordance with any directive received from the director pursuant to NRS 232.005 or 378.0089, authorize or require each museum director to perform such duties set forth in subsection 2 as are necessary for the operation of the institution administered by the museum director, after giving consideration to:
(a) The size and complexity of the programs the museum director is required to administer;
(b) The number of personnel needed to carry out those programs;
(c) Requirements for accreditation; and
(d) Such other factors as are relevant to the needs of the institution and the division.
2.”.
Amend sec. 9, page 4, line 31, by deleting “appropriate property” and inserting “appropriate agency”.
Amend sec. 9, page 4, line 35, by deleting “the division.” and inserting “an institution.”
Amend sec. 9, page 4, by deleting lines 39 through 44.
Amend sec. 9, page 4, line 45, by deleting “(i)” and inserting “(g)”.
Amend sec. 9, page 4, line 48, by deleting “(j)” and inserting “(h)”.
Amend sec. 9, page 5, by deleting line 5 and inserting:
“(i) Apply for and expend all gifts and grants that the institution administered by the museum director is”.
Amend sec. 9, page 5, line 8, by deleting “(l)” and inserting “(j)”.
Amend sec. 9, page 5, line 17, by deleting “(m)” and inserting “(k)”.
Amend sec. 9, page 5, line 23, by deleting “(n)” and inserting “(l)”.
Amend sec. 9, page 5, line 26, by deleting “(o)” and inserting “(m)”.
Amend sec. 9, page 5, line 29, by deleting “(p)” and inserting “(n)”.
Amend sec. 9, page 5, line 31, by deleting “division.” and inserting “institution.”.
Amend sec. 9, page 5, line 32, by deleting “2.” and inserting “3.”.
Amend sec. 9, page 5, line 33, by deleting “subsection 1” and inserting “this section”.
Amend sec. 9, page 5, between lines 34 and 35 by inserting:
“4. The provisions of this section do not prohibit the administrator from making such administrative and organizational changes as are necessary for the efficient operation of the division and its institutions and to ensure that an institution properly carries out the duties and responsibilities assigned to that institution.”.
Amend the bill as a whole by adding a new section designated sec. 9.5, following sec. 9, to read as follows:
“Sec. 9.5. The administrator shall adopt regulations governing the use and safe operation of locomotives, motorcars, cars, recreational or commercial rides on the trains and fixtures owned by the State of Nevada.”.
Amend sec. 12, page 5, line 46, by deleting: “two bound copies” and inserting: “one bound copy”.
Amend sec. 16, page 6, line 36, by deleting “department” and inserting “[department] division”.
Amend sec. 17, page 6, line 48, by deleting “and the” and inserting: “and a state system of museums consisting of the”.
Amend sec. 17, page 7, between lines 7 and 8 by inserting:
“3. Each institution shall, in accordance with the duties assigned to it by the administrator, collect, preserve and interpret the history, prehistory and natural history of this state.”.
Amend sec. 18, page 7, line 16, by deleting “department” and inserting “[department] division”.
Amend sec. 18, page 7, by deleting line 17 and inserting: “institutions [and other divisions.]”.
Amend sec. 19, page 7, between lines 41 and 42 by inserting:
“10. Shall oversee the supervision, control, management and operation of any buildings or properties in this state that are under the control of the division.
11. Shall supervise the furnishing, remodeling, repairing, alteration and erection of premises and buildings of the division or premises and buildings that may be conveyed or made available to the division.”.
Amend sec. 21, page 8, by deleting lines 18 through 20 and inserting: “a gift and with the approval of the board, the museum director [or curator] of each institution [of the division] may sell duplicates, surplus and items inappropriate to the collection of the”.
Amend sec. 21, page 8, line 22, after “only” by inserting: “as approved by the board”.
Amend sec. 21, page 8, line 24, by deleting “collection” and inserting “[collection] collections”.
Amend sec. 23, page 9, line 2, by deleting: “white man’s history of” and inserting: “[white man’s] history of the settlement of”.
Amend sec. 50, page 18, by deleting lines 32 through 34 and inserting: “pursuant to NRS 381A.030 shall be deemed to have been adopted by the administrator of the division of museums and history of the department of cultural affairs and remain in force until amended or repealed by the administrator.”.
Amend the title of the bill by deleting the third and fourth lines and inserting: “division of museums and history of the department to establish the powers and duties of the museum directors of the various institutions”.
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. 552.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 482.
Amend the bill as a whole by deleting sections 1 through 4 and renumbering sec. 5 as section 1.
Amend sec. 5, page 2, line 27, by deleting “1.” and inserting: “Chapter 319 of NRS is hereby amended by adding thereto a new section to read as follows:
1.”.
Amend the bill as a whole by deleting sections 6 through 12 and renumbering sec. 13 as sec. 2.
Amend sec. 13, page 6, line 18, by deleting: “NRS and section 4 of this act;” and inserting “NRS;”.
Amend sec. 13, page 6, line 40, after “bonds” by inserting: “, notes or other evidence of indebtedness”.
Amend the bill as a whole by deleting sections 14 and 15 and renumbering sections 16, 17 and 18 as sections 3, 4 and 5.
Amend sec. 18, page 9, line 28, by deleting “[1.]” and inserting “1.”.
Amend sec. 18, page 9, line 29, by deleting “[(a)] 1.” and inserting “(a)”.
Amend sec. 18, page 9, lines 31 and 32, by deleting “federally insured” and inserting “[federally insured”.
Amend sec. 18, page 9, line 33, by deleting “acquisition,”.
Amend sec. 18, page 9, by deleting lines 34 through 48 and inserting: “rehabilitation, purchase, leasing or refinancing of residential housing within this state.
(b) Sell, at public or private sale, with or without public bidding, any mortgage or other obligation held by the division.
2. At or before the time of purchase, the lending institution shall certify to the division with respect to all mortgage loans transferred to the division:
(a) That the mortgage loans transferred to the division are for residential housing for eligible families within this state; or
(b) That the proceeds of sale or its equivalent will be reinvested in mortgage loans for residential housing for eligible families within this state in an aggregate principal amount equal to the amount of such sale proceeds.”.
Amend the bill as a whole by deleting sections 19 through 40 and renumbering sec. 41 as sec. 6.
Amend the bill as a whole by deleting sections 42 through 44, and adding new sections designated sections 7 and 8, following sec. 41, to read as follows:
“Sec. 7. NRS 319.080, 319.150, 319.160, 319.165, 319.175 and 319.180 are hereby repealed.
Sec. 8. This act becomes effective on July 1, 2001.”.
Amend the leadlines of repealed sections by deleting the leadlines of NRS 319.045, 319.171, 319.172, 319.323, 319.350 and 319.360.
Amend the title of the bill to read as follows:
“AN ACT relating to affordable housing; expanding the powers of the housing division of the department of business and industry; exempting the housing division from the state purchasing act; removing certain requirements for loans made by the housing division; and providing other matters properly relating thereto.”.
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. 565.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 474.
Amend the bill as a whole by deleting sections 1 and 2 and renumbering sec. 3 as section 1.
Amend sec. 3, page 1, line 12, by deleting:
“Sec. 3. 1.” and inserting:
“Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
1.”.
Amend sec. 3, page 1, after line 17, by inserting:
“3. Notwithstanding the provisions of chapter 239 of NRS, the secretary of state may not sell or otherwise distribute a copy of any list of the persons who are registered to vote in this state or a precinct, district or county of this state. Nothing in this subsection prevents a person from obtaining a copy of a list of the persons who are registered to vote in a precinct, district or county pursuant to NRS 293.440.”.
Amend sec. 3, page 2, line 1, by deleting “3.” and inserting “4.”.
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 through 11 as sections 2 through 8.
Amend the bill as a whole by deleting sections 12 through 14 and renumbering sections 15 through 17 as sections 9 through 11.
Amend the bill as a whole by deleting sec. 18 and renumbering sections 19 and 20 as sections 12 and 13.
Amend the bill as a whole by deleting sections 21 through 23 and renumbering sections 24 through 31 as sections 14 through 21.
Amend sec. 26, page 13, line 36, by deleting “25” and inserting “15”.
Amend sec. 27, page 13, line 42, after “state]” by inserting: “pursuant to subsection 4”.
Amend sec. 27, page 13, line 46, by deleting “report:” and inserting: “report [:]pursuant to subsection 4:”.
Amend sec. 30, page 15, line 38, by deleting “30” and inserting “45”.
Amend the bill as a whole by deleting sec. 32 and renumbering sec. 33 as sec. 22.
Amend sec. 33, page 17, line 16, by deleting “30” and inserting “45”.
Amend the bill as a whole by deleting sections 34 through 38 and renumbering sections 39 and 40 as sections 23 and 24.
Amend the title of the bill to read as follows:
“AN ACT relating to elections; providing for a statewide system of voter registration; revising various deadlines and procedures relating to petitions, ballots, elections, recounts and campaign practices; and providing other matters properly relating thereto.”.
Senator O'Connell moved the adoption of the amendment.
Remarks by Senators O'Connell, Titus, Raggio and Neal.
Senator Titus requested that the following remarks be entered in the Journal.
Senator O'Connell:
Thank you Mr. President pro Tempore. Even though the amendment does not look very big, it does have a number of substantive changes. It deletes the language in sections 1 and 2. The bill would have permitted Internet voting by registered voters of Nevada who live outside of the United States. In the new section 1, it adds language proposing a statewide voter registration system that prohibits the Secretary of State from selling or distributing a list of persons who are registered to vote. That was a request from the registrar of voters who did not feel the competition was necessary from the Secretary of State’s Office for the selling of the list. It clarifies that such a list may be obtained in a matter already set forth in Nevada law. It deletes language that would have given the county clerks the option to verify at random signatures on petitions in documents that contain more than 500 names. That is also addressed in the city as well as in the county.
It deletes language in the bill that requires an absent ballot request form to contain a statement that the registered voter must return the form, that the person who provided the form to the voter may not return or offer to return the form. Again, it’s part of the city’s, as well as, county’s chapter on elections.
It deletes language in the bill that addresses the deadline for requesting an absentee ballot and removes language that extends to the fourth working day before the election the time that an absentee ballot counting board may empty the ballots to ascertain the number of ballots cast. This again is similar to city elections as well as counties. It removes language that would have deleted the requirement that a duplicate copy of the application to registrar of voters serve as a receipt for registering to vote. It changes the time from 30 days to 45 days in which a county or city initiative or referendum petition must be acted upon by the county commission or the city council before the referred ordinance proposed in the petition must be submitted before the voters of the county or the city. The amendment leaves the Electoral College in its present form. The last change changes the language of the title of the act.
Senator Titus:
Thank you, Mr. President pro Tempore. I have to stand in opposition to one part of this amendment, the part that eliminates the Secretary of State’s proposal to reform the Electoral College in Nevada to make it more responsive to the public’s will. Under this proposal, in the 2002 election, instead of one candidate taking all of Nevada’s five Electoral College votes, the candidate who wins in each of the congressional districts would get one vote for each district, and the remaining two Electoral College votes would go to the candidate who carries the State at large.
Now, I believe that the Electoral College, as it is currently structured, is both archaic and anachronistic, and some people think it is totally incomprehensible. In addition to that, it’s undemocratic, and that’s democratic with a little “d.” The winner-take-all system allows a candidate to become President who does not win the popular vote. It keeps third parties out of contention because it’s almost impossible for them to get enough, if any, Electoral College votes to win the presidency. It hurts small states because candidates focus on the 11 big states that will give them enough Electoral College votes to win the election.
Furthermore, making the Electoral College more reflective of popular will is good for Nevada. It would prevent the heavily populated south, "now, ya’ll from the north and the rurals'. . .listen to this," from controlling the state’s Electoral College vote. It would increase turnout because people would think that their vote counts. It would make candidates more likely to come to Nevada during the campaign season, and it would force national candidates to focus more on issues that are important to Nevada and the West.
Senator Raggio:
It would be a grave mistake to change the present status of the Electoral College. The Electoral College specifically provides, as we now have it in our State, that the candidate for President and Vice-President who receive the most votes takes all the electoral votes in our State. This last Presidential election, all four of our votes went to the winning candidate.
This goes back a long way. When the original union was founded, one of the concerns that the smaller states had was that the more populated areas would, if popular vote controlled, govern any and all elections that followed. On the same principle, they joined the Union with the understanding that under the Constitution each state would have an equal representation in the United States Senate. Those were conditions under which the smaller colonies agreed to form the Union. Even though, in certain elections, the popular vote has not always gone to the winner. The fact that the smaller states, therefore, do have some recognition, power and voice needs to be preserved, and this would disseminate this situation. Other states have looked at this issue. Only two have adopted this proposal. I think it would be inappropriate for Nevada, one of the smaller states population wise, to change its method of affording electoral votes.
Senator Titus:
Yes, thank you, Mr. President: It is interesting that only two states are now a problem, but it wasn’t a problem when we were talking about investing the tobacco money. In addition to that, the proponents of keeping the winner-take-all Electoral College system intact mistakenly argue that this was the intent of the founding fathers. This is not true. There’s nothing in the Constitution about winner-take-all. That was intentionally left to the states to decide. Furthermore, people in favor of this system often argue, in error, that the primary function of the Electoral College was to protect small states. So, as a small state, Nevada should keep this in place. Wrong again.
The primary purpose of the Electoral College was to serve as a filtering process between the voters and the chief executive. The founding fathers were the elites of their time. They didn’t trust the unwashed public to make such an important decision as choosing the President. Similarly, they provided for state legislatures to choose U.S. Senators because, again, they didn’t trust the rank and file to make that decision. Once the two-party system developed and candidates began to run on tickets, electors no longer played the role intended by the founders. They were pledged in advance to one party or the other, so it didn’t make any difference who the electors were. Indeed, voters no longer knew or cared. And I would bet that in this room, there are very few people who know who the electors were that they chose in the last election. Now, the exception may be the Majority Leader who served as a Republican elector. But that is an exception. Some people also argue that we should keep this system in place because it’s sacrosanct the intent of the founding fathers. Nothing could be further from the truth. If you look at the Constitution, you see that there are a number of amendments which have changed the electoral process to keep up with changing times. Let me just remind you of the 13th, 15th, 17th, 19th, 22nd and 23rd amendments to the Constitution.
Senator Neal:
Mr. President pro Tempore, I agree with the Minority Leader in terms of the Electoral College and how it was set up. The Electoral College is governed by Article Two of the Constitution, which says the State may appoint and the Legislature may direct their electors. It goes on to say the Legislature may determine how that may be done. What we cannot change are those two Senators who have those particular votes. Article 12 of the Constitution sets the procedure by which the Electoral College is supposed to be appointed and how they carry out their duties. I agree with the Minority Leader that there is nothing in the Constitution that suggests that the way these electors are elected now is the way they should be forever more. The State has the authority, if they desire, to make those particular changes.
Senator Titus:
I want to be certain, that for the record, this would not eliminate the Electoral College. We are not talking about eliminating the Electoral College. We are talking about dividing up the vote from a winner-take-all to a more proportional distribution of it, but not eliminating the Electoral College.
Senators Raggio, Titus and Rawson requested a roll call vote on Senator O'Connell’s motion.
Roll call on Senator O'Connell's motion:
Yeas—15
Nays—Care, Carlton, Neal, Shaffer, Titus, Wiener—6.
The motion having received a majority, Mr. President pro Tempore declared it carried.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Joint Resolution No. 12.
Resolution read.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 560.
Amend the resolution, page 2, by deleting lines 12 and 13 and inserting:
“1. Work together to:
(a) Control and reduce air pollution which originates on land managed by the Bureau of Land Management and which contributes to the air pollution in the areas of this state that are in noncompliance with federal standards for air pollutants; and
(b) Ensure that the”.
Amend the resolution, page 2, line 26, by deleting “Management” and inserting: “Management, before selling land which is managed by the Bureau of Land Management and which contributes to or may contribute to air pollution in an area of this state that is in noncompliance with federal standards for air pollutants,”.
Amend the resolution, page 2, by deleting lines 28 and 29 and inserting: “result from the sale of such land; and be it further”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Resolution ordered reprinted, engrossed and to the General File.
GENERAL FILE AND THIRD READING
Senate Bill No. 197.
Bill read third time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 586.
Amend the bill as a whole by deleting sections 1 and 2, renumbering sec. 3 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 209.4237 is hereby amended to read as follows:
209.4237 1. The director shall, in conjunction with the bureau and with the approval of the board, establish a program to evaluate an offender in the custody of the department to determine whether the offender is a substance abuser and whether the offender may benefit from participation in a therapeutic community.
2. An evaluation of an offender must be conducted pursuant to subsection 1 if the offender is eligible to be assigned to a therapeutic community.
3. After an evaluation is conducted pursuant to subsection 1, the director or a person designated by the director shall determine whether the offender is a substance abuser and whether the offender may benefit from participation in a therapeutic community.
4. If a determination is made that the offender is a substance abuser and that the offender may benefit from participation in a therapeutic community, the director or a person designated by the director shall determine whether to assign the offender to participate in a therapeutic community. In determining whether to assign an offender to participate in a therapeutic community, the director or a person designated by the director shall:
(a) Consider the severity of the problem of substance abuse by the offender and the availability of space in each therapeutic community; and
(b) Give preference, to the extent practicable, to those offenders who appear to be most capable of successfully participating in and completing treatment in a therapeutic community.
5. [If an offender is] To be eligible to be assigned to participate in a therapeutic community, [the offender must be assigned to participate in the therapeutic community for the year immediately preceding] an offender must be within 2 years of the date on which [he] the offender is reasonably expected to be released, as determined by the director.”.
Amend the title of the bill to read as follows:
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing date on which offender is eligible to be assigned to participate in therapeutic community. (BDR 16‑23)”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
REPORTS OF COMMITTEES
Mr. President pro Tempore:
Your Committee on Taxation, to which was referred Senate Bill No. 227, 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
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President pro Tempore and Secretary signed Assembly Bills Nos. 41, 223.
Senator Raggio moved that the Senate adjourn until Thursday, April 26, 2001 at 10:30 a.m., and that it do so in honor of Secretarys’ Day.
Motion carried.
Senate adjourned at 1:13 p.m.
Approved:Lawrence E. Jacobsen
President pro Tempore of the Senate
Attest: Claire J. Clift
Secretary of the Senate