THE ONE HUNDRED AND SECOND DAY
Carson City(Thursday), May 17, 2001
Senate called to order at 12:32 p.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Stan Friend.
Father, grant to this Senate wisdom and strength to know and to do Your will. Fill them with the love of truth and righteousness, and make them ever mindful of their calling to serve You and the people of Nevada. In Your Name we pray.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 551, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Randolph J. Townsend, Chairman
Madam President:
Your Committee on Finance, to which was referred Senate Bill No. 360, 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
Madam President:
Your Committee on Human Resources and Facilities, to which were referred Assembly Bills Nos. 318, 659, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Human Resources and Facilities, to which was referred Assembly Concurrent Resolution No. 2, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Raymond D. Rawson, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 16, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 618.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 18, 46, 47, 48.
Also,
I have the honor to inform your honorable body that the Assembly on this day
concurred in the Senate Amendment No. 713 to Assembly Bill No. 337; Senate
Amendment
No. 653 to Assembly Bill No. 361; Senate Amendment No. 660 to Assembly
Bill No. 487; Senate Amendment No. 675 to Assembly Concurrent Resolution No. 6.
Patricia R. Williams
WAIVERS AND EXEMPTIONS
Notice of Exemption
May 17, 2001
The Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has determined the exemption of: Senate Bill No. 573.
Gary Ghiggeri
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 618.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
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.
SECOND READING AND AMENDMENT
Assembly Bill No. 47.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 705.
Amend section 1, page 2, by deleting lines 5 through 7 and inserting: “employer’s places of business, [including, without limitation, each location at which the employer has directed one or more employees to perform work.] except that if such a place of business is situated in a temporary location and is intended to remain in the temporary location for not more than 1 year, the copy must be made available at that place of business within 24 hours after being requested by the administrator, auditor, agent or investigator.”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 48.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 802.
Amend the bill as a whole by renumbering sections 3 through 5 as sections 4 through 6 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. NRS 616A.430 is hereby amended to read as follows:
616A.430 1. There is hereby established as a special revenue fund in the state treasury the uninsured employers’ claim fund, which may be used only for the purpose of making payments in accordance with the provisions of NRS 616C.220 and 617.401. The administrator shall administer the fund and shall credit any excess money toward the assessments of the insurers for the succeeding years.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the uninsured employers’ claim fund must be delivered to the custody of the state treasurer.
3. All money and securities in the fund must be held by the state treasurer as custodian thereof to be used solely for workers’ compensation.
4. The state treasurer may disburse money from the fund only upon written order of the state controller.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest money of the state general fund. Income realized from the investment of the assets of the fund must be credited to the fund.
6. The administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265, an amount to be deposited in the uninsured employers’ claim fund. To establish the amount of the assessment, the administrator shall determine the amount of money necessary to maintain an appropriate balance in the fund for each fiscal year and shall allocate a portion of that amount to be payable by private carriers, a portion to be payable by self-insured employers, a portion to be payable by associations of self-insured public or private employers and a portion to be payable by the employers who provide accident benefits pursuant to NRS 616C.265, based upon the expected annual expenditures for claims of each group of insurers. After allocating the amounts payable, the administrator shall apply an assessment rate to the:
(a) Private carriers that reflects the relative hazard of the employments covered by the private carriers, results in an equitable distribution of costs among the private carriers and is based upon expected annual premiums to be received;
(b) Self-insured employers that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims;
(c) Associations of self-insured public or private employers that results in an equitable distribution of costs among the associations of self-insured public or private employers and is based upon expected annual expenditures for claims; and
(d) Employers who provide accident benefits pursuant to NRS 616C.265 that reflects the relative hazard of the employments covered by those employers, results in an equitable distribution of costs among the employers and is based upon expected annual expenditures for claims.
The administrator shall adopt regulations for the establishment and administration of the assessment rates, payments and any penalties [, based upon expected annual expenditures for claims. Assessment rates must reflect the relative hazard of the employments covered by the insurers, and must be based upon expected annual expenditures for claims.] that the administrator determines are necessary to carry out the provisions of this subsection. As used in this subsection, the term “group of insurers” includes the group of employers who provide accident benefits for injured employees pursuant to NRS 616C.265.
7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any insurer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.”.
Amend sec. 5, page 2, line 28, by deleting “that” and inserting “who”.
Amend sec. 5, page 2, line 39, by deleting “that” and inserting “who”.
Amend the bill as a whole by renumbering sections 6 through 8 as sections 10 through 12 and adding new sections designated sections 7 through 9, following sec. 5, to read as follows:
“Sec. 7. NRS 616B.554 is hereby amended to read as follows:
616B.554 1. There is hereby established as a special revenue fund in the state treasury the subsequent injury fund for self-insured employers, which may be used only to make payments in accordance with the provisions of NRS 616B.557 and 616B.560. The board shall administer the fund based upon recommendations made by the administrator pursuant to subsection 8.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the board for the subsequent injury fund for self-insured employers must be delivered to the custody of the state treasurer.
3. All money and securities in the fund must be held by the state treasurer as custodian thereof to be used solely for workers’ compensation for employees of self-insured employers.
4. The state treasurer may disburse money from the fund only upon written order of the board.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.
6. The board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must [reflect the relative hazard of the employments covered by] result in an equitable distribution of costs among the self-insured employers [,] and must be based upon expected annual expenditures for claims for payments from the subsequent injury fund for self-insured employers.
7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any self-insured employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
8. The administrator shall:
(a) Evaluate any claim submitted to the board for payment or reimbursement from the subsequent injury fund for self-insured employers and recommend to the board any appropriate action to be taken concerning the claim; and
(b) Submit to the board any other recommendations relating to the fund.
Sec. 8. NRS 616B.575 is hereby amended to read as follows:
616B.575 1. There is hereby established as a special revenue fund in the state treasury the subsequent injury fund for associations of self-insured public or private employers, which may be used only to make payments in accordance with the provisions of NRS 616B.578 and 616B.581. The board shall administer the fund based upon recommendations made by the administrator pursuant to subsection 8.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the board for the subsequent injury fund for associations of self-insured public or private employers must be delivered to the custody of the state treasurer.
3. All money and securities in the fund must be held by the state treasurer as custodian thereof to be used solely for workers’ compensation for employees of members of associations of self-insured public or private employers.
4. The state treasurer may disburse money from the fund only upon written order of the board.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.
6. The board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must [reflect the relative hazard of the employments covered by] result in an equitable distribution of costs among the associations of self-insured public or private employers [,] and must be based upon expected annual expenditures for claims for payments from the subsequent injury fund for associations of self-insured public or private employers.
7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any association of self-insured public or private employers that wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
8. The administrator shall:
(a) Evaluate any claim submitted to the board for payment or reimbursement from the subsequent injury fund for associations of self-insured public or private employers and recommend to the board any appropriate action to be taken concerning the claim; and
(b) Submit to the board any other recommendations relating to the fund.
Sec. 9. NRS 616B.584 is hereby amended to read as follows:
616B.584 1. There is hereby established as a special revenue fund in the state treasury the subsequent injury fund for private carriers, which may be used only to make payments in accordance with the provisions of NRS 616B.587 and 616B.590. The administrator shall administer the fund.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the subsequent injury fund for private carriers must be delivered to the custody of the state treasurer.
3. All money and securities in the fund must be held by the state treasurer as custodian thereof to be used solely for workers’ compensation for employees whose employers are insured by private carriers.
4. The state treasurer may disburse money from the fund only upon written order of the state controller.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.
6. The administrator shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by private carriers , must result in an equitable distribution of costs among the private carriers and must be based upon expected annual [expenditures for claims for payments from the subsequent injury fund for private carriers.] premiums to be received.
7. The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any private carrier who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.”.
Amend sec. 6, page 3, line 26, after “coverage” by inserting “for himself”.
Amend sec. 6, page 3, line 29, after “3.” by inserting: “An officer or manager of such a corporation or company who:
(a) Owns the corporation or company;
(b) Operates the corporation or company exclusively from his primary residence; and
(c) Receives pay for the services performed, may elect to reject coverage for himself by filing written notice thereof with the insurer. The rejection is effective upon receipt of the notice by the insurer.
4.”.
Amend sec. 6, page 3, line 32, by deleting “If” and inserting: “Except as otherwise provided in subsection 3, if”.
Amend sec. 6, page 3, line 36, by deleting “4.” and inserting “5.”.
Amend sec. 6, page 3, line 42, by deleting “5.” and inserting “6.”.
Amend the bill as a whole by renumbering sections 9 and 10 as sections 15 and 16 and adding new sections designated sections 13 and 14, following sec. 8, to read as follows:
“Sec. 13. NRS 616C.265 is hereby amended to read as follows:
616C.265 1. Except as otherwise provided in NRS 616C.280, every employer operating under chapters 616A to 616D, inclusive, of NRS, alone or together with other employers, may make arrangements to provide accident benefits as defined in those chapters for injured employees.
2. Employers electing to make such arrangements shall notify the administrator of the election and render a detailed statement of the arrangements made, which arrangements do not become effective until approved by the administrator.
3. Every employer who maintains a hospital of any kind for his employees, or who contracts for the hospital care of injured employees, shall, on or before January 30 of each year, make a written report to the administrator for the preceding year, which must contain a statement showing:
(a) The total amount of hospital fees collected, showing separately the amount contributed by the employees and the amount contributed by the employers;
(b) An itemized account of the expenditures, investments or other disposition of such fees; and
(c) What balance, if any, remains.
4. Every employer who provides accident benefits pursuant to this section:
(a) Shall, in accordance with regulations adopted by the administrator, make a written report to the division of his actual and expected annual expenditures for claims and such other information as the division deems necessary to calculate an estimated or final annual assessment [.]and shall, to the extent that the regulations refer to the responsibility of insurers to make such reports, be deemed to be an insurer.
(b) Shall [be deemed to be an insurer for the purposes of] pay the assessments collected pursuant to NRS 232.680 and [the regulations adopted by the division pursuant to that section.] 616A.430.
5. The reports required by the provisions of subsections 3 and 4 must be verified:
(a) If the employer is a natural person, by the employer;
(b) If the employer is a partnership, by one of the partners;
(c) If the employer is a corporation, by the secretary, president, general manager or other executive officer of the corporation; or
(d) If the employer has contracted with a physician or chiropractor for the hospital care of injured employees, by the physician or chiropractor.
6. No employee is required to accept the services of a physician or chiropractor provided by his employer, but may seek professional medical services of his choice as provided in NRS 616C.090. Expenses arising from such medical services must be paid by the employer who has elected to provide benefits, pursuant to the provisions of this section, for his injured employees.
7. Every employer who fails to notify the administrator of such election and arrangements, or who fails to render the financial reports required, is liable for accident benefits as provided by NRS 616C.255.
Sec. 14. NRS 616D.120 is hereby amended to read as follows:
616D.120 1. Except as otherwise provided in this section, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has:
(a) Through fraud, coercion, duress or undue influence:
(1) Induced a claimant to fail to report an accidental injury or occupational disease;
(2) Persuaded a claimant to settle for an amount which is less than reasonable;
(3) Persuaded a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending; or
(4) Persuaded a claimant to accept less than the compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;
(b) Refused to pay or unreasonably delayed payment to a claimant of compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs:
(1) Later than 10 days after the date of the settlement agreement or stipulation;
(2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or division, unless a stay has been granted; or
(3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or division has been lifted;
(c) Refused to process a claim for compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(d) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(e) Failed to comply with the division’s regulations covering the payment of an assessment relating to the funding of costs of administration of chapters 616A to 617, inclusive, of NRS;
(f) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165; or
(g) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617 of NRS, the administrator shall impose an administrative fine of $1,000 for each initial violation, or a fine of $10,000 for a second or subsequent violation.
2. Except as otherwise provided in chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has failed to comply with any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the administrator may take any of the following actions:
(a) Issue a notice of correction for:
(1) A minor violation, as defined by regulations adopted by the division; or
(2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto. The notice of correction must set forth with particularity the violation committed and the manner in which the violation may be corrected. The provisions of this section do not authorize the administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer or court of competent jurisdiction or a provision contained in a written settlement agreement or written stipulation.
(b) Impose an administrative fine for:
(1) A second or subsequent violation for which a notice of correction has been issued pursuant to paragraph (a); or
(2) Any other violation of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a).
The fine imposed may not be greater than $250 for an initial violation, or more than $1,000 for any second or subsequent violation.
(c) Order a plan of corrective action to be submitted to the administrator within 30 days after the date of the order.
3. If the administrator determines that a violation of any of the provisions of paragraphs (a) to (d), inclusive, of subsection 1 has occurred, the administrator shall order the insurer, organization for managed care, health care provider, third-party administrator or employer to pay to the claimant a benefit penalty in an amount that is not less than $5,000 and not greater than $25,000. To determine the amount of the benefit penalty, the administrator shall consider the degree of physical harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c) or (d) of subsection 1, the amount of compensation found to be due the claimant and the number of fines and benefit penalties previously imposed against the insurer, organization for managed care, health care provider, third-party administrator or employer pursuant to this section. If this is the third violation within 5 years for which a benefit penalty has been imposed against the insurer, organization for managed care, health care provider, third-party administrator or employer, the administrator shall also consider the degree of economic harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c) or (d) of subsection 1. Except as otherwise provided in this section, the benefit penalty is for the benefit of the claimant and must be paid directly to him within 10 days after the date of the administrator’s determination. If the claimant is the injured employee and he dies before the benefit penalty is paid to him, the benefit penalty must be paid to his estate. Proof of the payment of the benefit penalty must be submitted to the administrator within 10 days after the date of his determination unless an appeal is filed pursuant to NRS 616D.140. Any compensation to which the claimant may otherwise be entitled pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection.
4. In addition to any fine or benefit penalty imposed pursuant to this section, the administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures or premiums received that are used to calculate an assessment , an administrative penalty of up to twice the amount of any underpaid assessment.
5. If:
(a) The administrator determines that a person has violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and
(b) The fraud control unit for industrial insurance established pursuant to NRS 228.420 notifies the administrator that the unit will not prosecute the person for that violation, the administrator shall impose an administrative fine of not more than $10,000.
6. Two or more fines of $1,000 or more imposed in 1 year for acts enumerated in subsection 1 must be considered by the commissioner as evidence for the withdrawal of:
(a) A certificate to act as a self-insured employer.
(b) A certificate to act as an association of self-insured public or private employers.
(c) A certificate of registration as a third-party administrator.
7. The commissioner may, without complying with the provisions of NRS 616B.327 or 616B.431, withdraw the certification of a self-insured employer, association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer, association of self-insured public or private employers or third-party administrator violated any provision of subsection 1.”.
Amend sec. 9, page 5, line 27, after “coverage” by inserting “for himself”.
Amend sec. 9, page 5, line 30, after “3.” by inserting: “An officer or manager of such a corporation or company who:
(a) Owns the corporation or company;
(b) Operates the corporation or company exclusively from his primary residence; and
(c) Receives pay for the services performed, may elect to reject coverage for himself by filing written notice thereof with the insurer. The rejection is effective upon receipt of the notice by the insurer.
4.”.
Amend the bill as a whole by renumbering sections 11 and 12 as sections 18 and 19 and adding a new section designated sec. 17, following sec. 10, to read as follows:
“Sec. 17. NRS 232.680 is hereby amended to read as follows:
232.680 1. The cost of carrying out the provisions of NRS 232.550 to 232.700, inclusive, and of supporting the division, a full-time employee of the legislative counsel bureau, the fraud control unit for industrial insurance established pursuant to NRS 228.420 and the legislative committee on workers’ compensation created pursuant to NRS 218.5375, and that portion of the cost of the office for consumer health assistance established pursuant to NRS 223.550 that is related to providing assistance to consumers and injured employees concerning workers’ compensation, must be paid from assessments payable by each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265 . [,]
2. The administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265. To establish the amount of the assessment, the administrator shall determine the amount of money necessary for each of the expenses set forth in subsections 1 and 4 of this section and subsection 3 of NRS 616A.425 and determine the amount that is payable by the private carriers, the self-insured employers, the associations of self-insured public or private employers and the employers who provide accident benefits pursuant to NRS 616C.265 for each of the programs. For the expenses from which more than one group of insurers receives benefit, the administrator shall allocate a portion of the amount necessary for that expense to be payable by each of the relevant group of insurers, based upon the expected annual expenditures for claims of each group of insurers. After allocating the amounts payable among each group of insurers for all the expenses from which each group receives benefit, the administrator shall apply an assessment rate to the:
(a) Private carriers that reflects the relative hazard of the employments covered by the private carriers, results in an equitable distribution of costs among the private carriers and is based upon expected annual premiums to be received;
(b) Self-insured employers that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims;
(c) Associations of self-insured public or private employers that results in an equitable distribution of costs among the associations of self-insured public or private employers and is based upon expected annual expenditures for claims; and
(d) Employers who provide accident benefits pursuant to NRS 616C.265 that reflect the relative hazard of the employments covered by those employers, results in an equitable distribution of costs among the employers and is based upon expected annual expenditures for claims . [for injuries occurring on or after July 1, 1999. The division]
The administrator shall adopt regulations which establish [formulas of assessment which result in an equitable distribution of costs among the insurers and employers who provide accident benefits for injured employees. The formulas may utilize] the formula for the assessment and for the administration of payment, and any penalties that the administrator determines are necessary to carry out the provisions of this subsection. The formula may use actual expenditures for claims.
[2.] As used in this subsection, the term “group of insurers” includes the group of employers who provide accident benefits for injured employees pursuant to NRS 616C.265.
3. Federal grants may partially defray the costs of the division.
[3.] 4. Assessments made against insurers by the division after the adoption of regulations must be used to defray all costs and expenses of administering the program of workers’ compensation, including the payment of:
(a) All salaries and other expenses in administering the division, including the costs of the office and staff of the administrator.
(b) All salaries and other expenses of administering NRS 616A.435 to 616A.460, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner of insurance.
(c) The salary and other expenses of a full-time employee of the legislative counsel bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.
(d) All salaries and other expenses of the fraud control unit for industrial insurance established pursuant to NRS 228.420.
(e) Claims against uninsured employers arising from compliance with NRS 616C.220 and 617.401.
(f) All salaries and expenses of the members of the legislative committee on workers’ compensation and any other expenses incurred by the committee in carrying out its duties pursuant to NRS 218.5375 to 218.5378, inclusive.
(g) That portion of the salaries and other expenses of the office for consumer health assistance established pursuant to NRS 223.550 that is related to providing assistance to consumers and injured employees concerning workers’ compensation.”.
Amend sec. 12, page 6, by deleting line 15 and inserting:
“Sec. 19. 1. This section and sections 1 to 9, inclusive, 11 to 14, inclusive, and 16, 17 and 18 of this act become effective on July 1, 2001.
2. Sections 10 and 15 of this act become effective at 12:01 a.m. on July 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to industrial insurance; providing a definition of “policy year” for the purpose of industrial insurance; requiring that the assessments payable by private carriers to support the uninsured employers’ claim fund, the subsequent injury fund for private carriers and the fund for workers’ compensation and safety be based upon expected annual premiums to be received by private carriers; specifying the circumstances under which a policy of industrial insurance may exclude coverage for certain employees covered by a consolidated insurance program; allowing certain employers to report information concerning tips received by their employees by a computerized program or process; revising the criteria for the assessment rates for the subsequent injury fund for self-insured employers and associations of self-insured public or private employers; authorizing a private carrier to require a sole proprietor seeking coverage to submit to a physical examination; eliminating the requirement that unpaid premiums bear interest at the rate of 1 percent monthly; and providing other matters properly relating thereto.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 154.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 708.
Amend section 1, page 1, by deleting lines 3 through 11 and inserting:
“1. The board of county commissioners of a county may provide, by ordinance, that a certificate filed with the county clerk pursuant to NRS 602.010 expires 5 years after it is filed.
2. If such an ordinance is adopted, on or before the expiration of the certificate, the person doing business in the county under an assumed or fictitious name that does not indicate the real name of each person who owns an interest in the business must file a renewal certificate containing the information required by NRS 602.020 with the county clerk.
3. A renewal certificate filed pursuant to this section:
(a) Expires 5 years after it is filed with the county clerk.
(b) Must include a statement indicating that the renewal certificate expires 5 years after the date on which it is filed with the county clerk.
4. Upon the adoption of such an ordinance, the county clerk shall cause to be published in a newspaper of general circulation in the county notice that those persons who have filed certificates in the county pursuant to NRS 602.010 are required to renew those certificates pursuant to the provisions of this section.”.
Amend sec. 2, page 2, by deleting lines 3 and 4 and inserting:
“3. If the board of county commissioners of a county has adopted an ordinance pursuant to section 1 of this act, a certificate filed pursuant to this section expires 5 years after it is filed with the county clerk.”.
Amend sec. 6, page 3, line 38, by deleting “the” and inserting “any”.
Amend sec. 7, page 4, line 16, by deleting “the” and inserting “any”.
Amend sec. 8, page 4, line 23, after “or” by inserting “any”.
Amend sec. 9, page 5, line 25, after “or” by inserting “any”.
Amend the bill as a whole by deleting sec. 10, renumbering sec. 11 as sec. 10 and adding a new section designated sec. 11, following sec. 11, to read as follows:
“Sec. 11. This act becomes effective on July 1, 2001.”.
Senator Shaffer moved the adoption of the amendment.
Remarks by Senator Shaffer.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 220.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 751.
Amend section 1, page 1, line 18, after “Patrol,” by inserting: “a member of the police department of the University and Community College System of Nevada,”.
Amend section 1, page 2, by deleting lines 23 through 25.
Amend section 1, page 2, line 26, by deleting “(3)” and inserting “(2)”.
Amend section 1, page 2, line 28, by deleting “(4)” and inserting “(3)”.
Amend section 1, page 2, line 30, by deleting “(5)” and inserting “(4)”.
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 and 6 as sections 4 and 5.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 277.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 752.
Amend section 1, page 1, line 8, after “(b)” by inserting: “Must include the amount of any attorney’s fees and costs to be paid pursuant to the agreement.
(c)”.
Amend the bill as a whole by renumbering sec. 3 as sec. 5 and adding new sections designated sections 3 and 4, following sec. 2, to read as follows:
“Sec. 3. Chapter 607 of NRS is hereby amended by adding thereto a new section to read as follows:
If the labor commissioner enters into, effects or approves any compromise or settlement of a claim or dispute concerning or arising out of an alleged violation of the labor laws of this state, the terms and conditions of the compromise or settlement:
1. Must be made available to the public upon request; and
2. Must not include any confidentiality clause or similar clause, and any such clause that is included in the terms and conditions of the compromise or settlement is void as against the public policy of this state.
Sec. 4. The amendatory provisions of this act apply to any compromise or settlement that is executed on or after July 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public records; providing that an agreement to settle a tort claim or action against a governmental entity or an officer or employee thereof is not confidential; providing that such an agreement must include the amount of any attorney’s fees and costs to be paid pursuant to the agreement; providing that if the labor commissioner enters into, effects or approves any compromise or settlement concerning an alleged violation of labor laws, the terms and conditions of the compromise or settlement are not confidential; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Enacts provisions governing confidentiality of certain information. (BDR 3‑378)”.
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. 279.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 706.
Amend section 1, page 1, line 5, after “disease” by inserting: “during the course and scope of his employment”.
Amend section 1, page 2, line 16, by deleting “for” and inserting: “for:
(1) Preventive treatment administered as a precaution to the employee; and
(2) Other”.
Amend section 1, page 2, between lines 28 and 29 by inserting:
“(c) “Preventive treatment” includes, without limitation, tests to determine if an employee has contracted the contagious disease to which he was exposed.”
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 345.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 704.
Amend the bill as a whole by deleting sections 1 and 2, renumbering sections 3 and 4 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 617 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each insurer shall submit to the administrator a written report concerning each claim for compensation that is filed with the insurer for an occupational disease of the heart or lungs or any occupational disease that is infectious or relates to cancer. The written report must be submitted to the administrator within 30 days after the insurer accepts or denies the claim pursuant to NRS 617.356 and must include:
(a) A statement specifying the nature of the claim;
(b) A statement indicating whether the insurer accepted or denied the claim and the reasons for the acceptance or denial;
(c) A statement indicating the estimated medical costs for the claim; and
(d) Any other information required by the administrator.
2. If a claim specified in subsection 1 is appealed or affirmed, modified or reversed on appeal, or is closed or reopened, the insurer shall notify the administrator of that fact in writing within 30 days after the claim is appealed, affirmed, modified, reversed, closed or reopened.
3. On or before February 1 of each year, the administrator shall prepare and make available to the general public a written report concerning claims specified in subsection 1. The written report must include:
(a) The information submitted to the administrator by an insurer pursuant to this section during the immediately preceding year; and
(b) Any other information concerning those claims required by the administrator.”.
Amend sec. 3, page 2, line 11, by deleting “2” and inserting “1”.
Amend sec. 3, page 2, line 12, by deleting: “a county or city” and inserting “an insurer”.
Amend the title of the bill, first and second lines, by deleting: “a county or city that is a self-insured employer” and inserting “an insurer”.
Amend the summary of the bill to read as follows:
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 363.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 707.
Amend section 1, page 2, by deleting lines 12 through 19 and inserting:
“3. The provider of health care shall also furnish a copy of any records that are necessary to support a claim or appeal under any provision of the Social Security Act, 42 U.S.C. §§ 301 et seq., or under any federal or state financial needs-based benefit program, without charge, to a patient, or a representative with written authorization from the patient, who requests it, if the request is accompanied by documentation of the claim or appeal.”
Senator O'Donnell moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 415.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 711.
Amend sec. 7, page 5, by deleting lines 38 and 39.
Amend sec. 7, pages 5 and 6, by deleting lines 43 through 49 on page 5 and lines 1 through 13 on page 6.
Amend sec. 7, page 6, line 14, by deleting “4.” and inserting “2.”.
Amend sec. 7, page 6, line 16, by deleting “5.” and inserting “3.”.
Amend sec. 7, page 6, by deleting lines 19 through 37 and inserting:
“(b) “Health care plan” has the meaning ascribed to it in NRS 679B.520.”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 534.
Bill read second time and ordered to third reading.
Assembly Bill No. 627.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 736.
Amend the bill as a whole by renumbering sections 2 through 9 as sections 13 through 20 and adding new sections designated sections 2 through 12, following section 1, to read as follows:
“Sec. 2. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 12, inclusive, of this act.
Sec. 3. As used in sections 3 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. “Commissioner” means the commissioner of the consumer affairs division of the department of business and industry.
Sec. 5. “Division” means the consumer affairs division of the department of business and industry.
Sec. 6. “Seller of travel” means a person who offers for sale, directly or indirectly, transportation by air, land, rail or water, travel services, vacation certificates or any combination thereof, to a person or group of persons for a fee, commission or other valuable consideration. The term:
1. Includes any person who offers membership in a travel club or any services related to travel for an advance fee or payment.
2. Does not include:
(a) A hotel that provides or arranges travel services for its patrons or guests; or
(b) A person who, for compensation, transports persons or property by air, land, rail or water.
Sec. 7. “Travel services” include, without limitation, short-term leases of passenger cars, lodging, transfers, sight-seeing tours and any other services that are related to travel by air, land, rail or water or any other method of transportation.
Sec. 8. “Vacation certificate” means any document received by a person for consideration paid in advance which evidences that the holder of the document is entitled to:
1. Transportation by air, land, rail or water; or
2. The use of lodging or other facilities for a specified period, during the period for which the certificate is valid.
Sec. 9. 1. Before advertising its services or conducting business in this state, a seller of travel must register with the division by:
(a) Submitting to the division an application for registration on a form prescribed by the division;
(b) Paying to the division a fee of $25; and
(c) Depositing the security required pursuant to section 10 of this act, if any, with the division.
2. The division shall issue a certificate of registration to the seller of travel upon receipt of:
(a) The security in the proper form if the seller of travel is required to deposit security pursuant to section 10 of this act; and
(b) The payment of the fee required by this section.
3. A certificate of registration:
(a) Is not transferable or assignable; and
(b) Expires 1 year after it is issued.
4. A seller of travel must renew a certificate of registration issued pursuant to this section before the certificate expires by:
(a) Submitting to the division an application for the renewal of the certificate on a form prescribed by the division; and
(b) Paying to the division a fee of $25.
Sec. 10. 1. Except as otherwise provided in subsection 8, each seller of travel shall deposit with the division:
(a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;
(b) An irrevocable letter of credit for which the seller of travel is the obligor, issued by a bank whose deposits are federally insured; or
(c) A certificate of deposit in a financial institution which is doing business in this state and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the commissioner, except that the interest may accrue to the seller of travel.
2. The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.
3. The amount of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be $50,000.
4. If the seller of travel deposits a bond, the seller of travel shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the division during business hours. The seller of travel shall notify the division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the division.
5. The commissioner may reject any bond, letter of credit or certificate of deposit that fails to comply with the requirements of this chapter.
6. A seller of travel may change the form of security that he has deposited with the division. If the seller of travel changes the form of the security, the commissioner may retain for not more than 1 year any portion of the security previously deposited by the seller of travel as security for claims arising during the time the previous security was in effect.
7. If the amount of the deposited security falls below the amount required by this chapter for that security, the seller of travel shall be deemed not to be registered as required by section 9 of this act for the purposes of this chapter.
8. The provisions of this section do not apply to a seller of travel who is accredited by and appointed as an agent of the Airlines Reporting Corporation.
Sec. 11. 1. The security required to be deposited by a seller of travel pursuant to section 10 of this act must be held in trust for consumers injured as a result of:
(a) Any act of fraud or misrepresentation by the seller of travel acting in his capacity as a seller of travel;
(b) The bankruptcy of the seller of travel; or
(c) The breach of any contract entered into by the seller of travel in his capacity as a seller of travel.
2. A consumer so injured may bring and maintain an action in any court of competent jurisdiction to recover against the security.
3. The division may bring an action for interpleader against all claimants upon the security. If the division brings such an action, the division shall publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county in which the seller of travel has its principal place of business. The division may deduct its costs of the action, including the costs of the publication of the notice, from the amount of the security. All claims against the security have equal priority. If the security is insufficient to pay all the claims in full, the claims must be paid pro rata. If the seller of travel has posted a bond with the division, the surety is then relieved of all liability under the bond.
4. The division may, in lieu of bringing an action for interpleader pursuant to subsection 3, conduct a hearing to determine the distribution of the security to claimants. The division shall adopt regulations to provide for adequate notice and the conduct of the hearing. If the seller of travel has posted a bond with the division, distribution pursuant to this subsection relieves the surety of all liability under the bond.
5. If the security is sufficient to pay all claims against the security in full, the division may deduct from the amount of the security, the cost of any investigation or hearing it conducted to determine the distribution of the security.
Sec. 12. 1. If no claims have been filed against the security deposited with the division pursuant to section 10 of this act within 6 months after the seller of travel ceases to operate or his registration expires, whichever occurs later, the commissioner shall release the security to the seller of travel and shall not audit any claims filed against the security thereafter by consumers.
2. If one or more claims have been filed against the security within 6 months after the seller of travel ceases to operate or his registration expires, whichever occurs later, the proceeds must not be released to the seller of travel or distributed to any consumer earlier than 1 year after the seller of travel ceases to operate or his registration expires, whichever occurs later.
3. For the purposes of this section, the commissioner shall determine the date on which a seller of travel ceases to operate.”.
Amend sec. 2, page 3, between lines 28 and 29, by inserting:
“[15.]16. Knowingly falsifies an application for credit relating to a retail installment transaction, as defined in NRS 97.115.”.
Amend sec. 3, page 3, between lines 44 and 45, by inserting: “The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.”.
Amend sec. 3, page 4, by deleting line 10 and inserting:
“598.840 to 598.966, inclusive, or [598.992,] sections 3 to 12, inclusive, of this act, fails to comply with a ”.
Amend sec. 6, page 5, by deleting line 18 and inserting:
“598.946 1. Except as otherwise provided in subsection 5, before”.
Amend sec. 6, page 5, line 19, by deleting “Before”.
Amend sec. 6, page 5, by deleting lines 22 through 24 and inserting: “NRS 598.2807. The security must [be] :
(a) Be conditioned on compliance by the owner with the provisions of NRS 598.940 to 598.966, inclusive, and the terms of the contract with a buyer [.] ; and
(b) Remain on deposit with the division until the release of the security is authorized or required pursuant to NRS 598.2809, except that the dance studio or health club may change the form of the security as provided in NRS 598.2807.”.
Amend sec. 6, page 6, by deleting lines 1 through 9 and inserting:
“5. [If a dance studio or health club has actively conducted business for not less than 4 consecutive years and has not changed ownership or, in the case of a corporation, not more than 25 percent of its authorized shares have been transferred, it is not required to deposit security with the division pursuant to NRS 598.2807.] If , on October 1, 2001, a dance studio or health club [does not deposit such security, it shall] has not deposited security with the division pursuant to NRS 598.2807 because it was not required to do so pursuant to this section, the dance studio or health club:
(a) Is not required to deposit security with the division pursuant to NRS 598.2807; and
(b) Shall obtain a written acknowledgment from each member and prominently post a notice on its premises stating that no security for refunds or reimbursement has been deposited with the State of Nevada.”.
Amend sec. 8, page 6, line 11, by deleting “4” and inserting “15”.
Amend sec. 9, page 6, by deleting line 28 and inserting:
“Sec. 20. 1. This section, sections 1 to 12, inclusive, and 14 to 19, inclusive, of this act become effective on October 1, 2001.
2. Section 13 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.
Amend the title of the bill by deleting the seventh line and inserting: “with the consumer affairs division; requiring certain sellers of travel to register and deposit security with the consumer affairs division; authorizing certain consumers to bring and maintain actions to recover against the security; providing for the release of the security within a certain period after the seller of travel ceases to operate; and providing other matters properly relating”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 135.
Bill read third time.
Roll call on Senate Bill No. 135:
Yeas—21.
Nays—None.
Senate Bill No. 135 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 247.
Bill read third time.
Roll call on Senate Bill No. 247:
Yeas—21.
Nays—None.
Senate Bill No. 247 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 461.
Bill read third time.
Roll call on Senate Bill No. 461:
Yeas—21.
Nays—None.
Senate Bill No. 461 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 377.
Bill read third time.
Roll call on Assembly Bill No. 377:
Yeas—21.
Nays—None.
Assembly Bill No. 377 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 6.
Bill read third time.
Remarks by Senators Neal and O'Donnell.
Roll call on Assembly Bill No. 6:
Yeas—21.
Nays—None.
Assembly Bill No. 6 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 54.
Bill read third time.
Roll call on Assembly Bill No. 54:
Yeas—21.
Nays—None.
Assembly Bill No. 54 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 63.
Bill read third time.
Roll call on Assembly Bill No. 63:
Yeas—21.
Nays—None.
Assembly Bill No. 63 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 83.
Bill read third time.
Roll call on Assembly Bill No. 83:
Yeas—21.
Nays—None.
Assembly Bill No. 83 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 93.
Bill read third time.
Roll call on Assembly Bill No. 93:
Yeas—21.
Nays—None.
Assembly Bill No. 93 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 95.
Bill read third time.
Roll call on Assembly Bill No. 95:
Yeas—21.
Nays—None.
Assembly Bill No. 95 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Washington moved that Assembly Bill No. 239 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Washington.
Motion carried.
Senator Amodei moved that Assembly Bill No. 179 be taken from the Secretary's desk and placed on the Second Reading File for the next legislative day.
Remarks by Senator Amodei.
Motion carried.
Senator James moved that Assembly Bill No. 125 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator James.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 105.
Bill read third time.
Remarks by Senators Neal and Porter.
Roll call on Assembly Bill No. 105:
Yeas—21.
Nays—None.
Assembly Bill No. 105 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 108.
Bill read third time.
Roll call on Assembly Bill No. 108:
Yeas—21.
Nays—None.
Assembly Bill No. 108 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 110.
Bill read third time.
Remarks by Senators Neal and Care.
Roll call on Assembly Bill No. 110:
Yeas—21.
Nays—None.
Assembly Bill No. 110 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 117.
Bill read third time.
Roll call on Assembly Bill No. 117:
Yeas—21.
Nays—None.
Assembly Bill No. 117 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 128.
Bill read third time.
Remarks by Senators James, Titus and O'Connell.
Roll call on Assembly Bill No. 128:
Yeas—21.
Nays—None.
Assembly Bill No. 128 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 163.
Bill read third time.
Roll call on Assembly Bill No. 163:
Yeas—21.
Nays—None.
Assembly Bill No. 163 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 173.
Bill read third time.
Senator James moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 1:22 p.m.
SENATE IN SESSION
At 1:26 p.m.
President Hunt presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bills Nos. 173, 210, 214, 243, 271, 336, 364, 375, 433, 458, 489, 537, 571, 629; Assembly Joint Resolutions Nos. 7, 12, 13; Assembly Joint Resolutions Nos. 13, 26 of the 70th Session, be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.
Senator Neal moved that the action whereby Assembly Bill No. 391 was given no further consideration be rescinded.
Remarks by Senator Neal.
Motion lost on a division of the house.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bills Nos. 179, 183, 324, 328, 474, 503, 521; Senate Joint Resolution No. 1; Senate Concurrent Resolutions Nos. 44, 45; Assembly Bills Nos. 86, 183, 200, 266, 299, 337, 361, 400, 427, 476, 481, 487, 497, 535, 538, 542, 549, 586, 631, 646, 657, 663; Assembly Concurrent Resolution No. 6.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to Joseph Leonard, Kristen Leonard, Patsy Correlli, Rick Correlli and Cathy Atchian.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Silver Lake Elementary School: Michelle Barrett, Craig Bender, Cole Campbell, Lorena Cortez, Elizabeth Daniel, Justin Davis, Bryce Deahl, David Elems, Jacob Gigiotti, Monnik Gonzalez, William Hamilton, Creek LaFountaine, Jacob Leiter, Megan Marshall, Shane Moline, Marvin Patino, Jake Racicot, Clair Smith, Morgan Solace, Brittany Stevenson, Karlie Terry, Tia Tomburello, Melissa Vargas, Eddy Wright, Amy Alden, Kyle Bartley, Danacamile Bautista, Anthony Biance, Caroline Butler, William Comish, Katherine Eggington, Heather Gorcey, Derrick Grime, Doniele Johnston, Rachelle Liddicoat, George Loera, Isabel Madrigal, Javier Martinez, Salena Mitchell, Timothy Morin, Allan Padovich, Stephany Perez, Adam Phillips, Hayley Rasmussen, Jedediah Shields, Rachele Simmons, Kyle Smith, Jesse Solis, David Taylor, Brianna Thompson, Austin Westwood, Courtney Williams, Bernardo Zambrano, Manuel Aguilar, Timmothy Alexander, Stephanie Anderson, Adriana Araiza, Kenneth Arzola, Zachary Barone, Nathaniel Benitez, Sarah Carroll, Kellee Curiel, Tyler Dillard, Cameron Eaton, Edgar Fallin, Kyle Feise, William Hidalgo, Helena Inskeep, Eric Kuhn, Max Manktelow, Sarah Mann, Tommy Ngo, Paulina Patel-Taylor, Mary Jane Peterson, Tyler Pizorno-Pilz, Samuel Roundface, Persia Sar-Sangi, Jacob Shields, Richard Stone, IV, Tristany Strachan, Brandy Winfield, Aaron Akbar, Cody Barron, Johnathan Bowen, Jeana Bruncher, Caitlyn Cercone, Ashley Conscuna, Daniel Deberry, Margaret Dillingham, Ashley Dotson, Peter Etcheverry, Anthoney Galbaith, Alexander Johnson, Eden Larson, Darcy Marvin, Justin McAlister, Kristi McEwen, Krystal Minera, Kevin Ovitt, Talena Pearson, Angeline Shenkel, Michael Stefansson, Edward Tartaglia, Rendle Taylor, Zackery Ullom, Kaity Webber, Joseph Willoughby, John Wood, Lindsey Woytek, Donovan Wygant; chaperones: Mrs. Brunscher, Mrs. Renslow, Mrs. Willoughby, Mr. Curiel, Mrs. Curiel, Mrs. Inskeep, Mrs. Mann, Mrs. Bender, Mrs. Anderson, Mrs. Taylor, Mrs. Etcheberry, Mr. Stevenson, Mrs. Gigliotti, Mrs. Bartley, Mr. Hamilton, Mr. Elems, Mr. Patino, Mrs. Davis, Mrs. Larson, Mrs. Dotson, Mr. Taylor, Mrs. Johnston; teachers: Jennell Ornelas, Mrs. Wilson, Mrs. Collier and Mr. Bowman.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Lady of Las Vegas Catholic School: Carly Babin, Caroline Brascia, Krista Briare, Diane DeSantis, Amber Elardi, Sam Feiner, Paul Fjare, Rachel Gonzalez, Krystal Jackson, Adam Kennedy, Brittany Madrid, Andrew Matthews, Anthony Orduna, Joey Petrella, Mallory Phelps, Maria Pierro, Johnny Pinjuv, Tori Puliz, Marlowe Rillera, Tiffany Romano, Taylor Trujillo, Jacob Zanoni, Ashley Mark; chaperones: Laurie Briare, Joanne Pinjuv, Ruth Petrella, Carmelo Rillera, Pat DeSantis, Wayne Fjare, John Zanoni, Grace Matthews; teacher: Paula Wickersham and acting principal: George Vasconi.
Senator Raggio moved that the Senate adjourn until Friday, May 18, 2001 at 10:30 a.m.
Motion carried.
Senate adjourned at 1:36 p.m.
Approved:Lorraine T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate