THE ONE HUNDRED AND SEVENTEENTH DAY

THE ONE HUNDRED AND SEVENTEENTH DAY

Carson City (Friday), May 30, 2003

Senate called to order at 11:45 a.m.

President Hunt presiding.

Roll called.

All present.

Prayer by the Chaplain, Father Gerald Hanley.

Our Father, thank You for this opportunity to pray with these good people.

We have to wonder, a bit, about humans who may think God is dead and Elvis is alive and that, since you created the whole universe in five days, giving You advice is not such a good idea.

I am not here to invite You to join us but to acknowledge that You are here and have been since this session began. It is difficult to hear Your voice through the many voices that are speaking and even demanding. I simply pray with my people and this Senate that You renew their sense that You are with them and allow them some quiet moments to hear You in the silence of their heart and lives. These are good people called from ordinary things to greatness. Their greatness is a result of the greatness of the people who have trusted them with office and authority. These are the people we have chosen. They carry Your mandate and our concerns and our lives.

The voices of past greatness, from those who were once in these seats, speak to them of what is right for the common good. Give them the hope and trust they need and a sense of their greatness so their words and actions will touch their lives and their families and all of us with a renewed sense of hope in troubled times.

Finally, Father, help us remember that a turtle only makes progress when it sticks out its neck. We are proud of these people for they are us. God bless them now and long after they leave this city.

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 Finance, to which was referred Assembly Bill No. 550, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Finance, to which was referred Assembly Bill No. 549, 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. 3, 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 Legislative Affairs and Operations, to which was re-referred Senate Bill No. 292, 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 Legislative Affairs and Operations, to which was referred Senate Concurrent Resolution No. 31, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.

Maurice E. Washington, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 29, 2003

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. 238.

Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 137, Amendment No. 954; Senate Bill No. 264, Amendments Nos. 728, 944; Senate Bill No. 473, Amendments Nos. 756, 941; Senate Joint Resolution No. 10, Amendment No. 945, and respectfully requests your honorable body to concur in said amendments.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 926 to Assembly Bill No. 313; Senate Amendment No. 923 to Assembly Joint Resolution No. 11.

Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to concur in the Senate Amendment No. 930 to Assembly Bill No. 518.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 132.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that for the remainder of the session, Senate Standing Rule No. 92 be suspended, which pertains to committee meetings, notice of bills, topics and public hearings.

Remarks by Senator Raggio.

Senator Raggio requested that his remarks be entered in the Journal.

This suspension will give Committees some flexibility in posting agendas, which will significantly accelerate the business of the Senate.

Motion carried.

Senator Raggio moved that for the remainder of the session, that all necessary rules be suspended, and that all bills and joint resolutions returned from reprint be declared emergency measures under the Constitution and immediately placed on third reading and final passage, time permitting.

Remarks by Senator Raggio.

Senator Raggio requested that his remarks be entered in the Journal.

This eliminates the one-day notice for review of bills and resolutions that have been amended in order to expedite the process. Amendment and final passage and/or adoption of these measures will now be on the same day.

Motion carried.

Senate Concurrent Resolution No. 32.

Resolution read.

Senator Washington moved the adoption of the resolution.

Remarks by Senator Washington.

Resolution adopted as amended.

Resolution ordered transmitted to the Assembly.

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 238.

Senator Raggio moved that the bill be referred to the Committee on Finance.

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved to take all bills and resolutions needing amendments as the next order of business.

Remarks by Senator Raggio.

Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 235.

Bill read third time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 957.

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

“Section 1. The Legislature hereby finds and declares that:

1. Federal law concerning payments made pursuant to 42 U.S.C. § 1396r-4, otherwise known as “disproportionate share payments,” are a critical source of income for hospitals, particularly public hospitals.

2. To ensure that certain hospitals can depend upon the revenue from this source, the Legislature has periodically established base payments to the hospitals in a fiscal year.

3. Because of the unique geographic, financial and organizational characteristics of these hospitals, a general law establishing base disproportionate share payments cannot be made applicable.”.

Amend sec. 2, page 2, line 14, by deleting “Sixty-seven” and inserting: “Sixty-eight and fifty-four one hundredths”.

Amend sec. 2, page 2, line 21, by deleting “(c)” and inserting “(d)”.

Amend sec. 2, page 3, line 1, by deleting “(c)” and inserting “(d)”.

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

“Sec. 4. NRS 422.382 is hereby amended to read as follows:

422.382 1. In a county whose population is 100,000 or more within which:

(a) A public hospital is located, the state or local government or other entity responsible for the public hospital shall transfer an amount equal to:

(1) Seventy percent of the total amount of disproportionate share payments distributed to all hospitals pursuant to NRS 422.387 for a fiscal year, less $1,050,000; or

(2) Sixty-eight and fifty-four one hundredths percent of the total amount of disproportionate share payments distributed to all hospitals pursuant to NRS 422.387 for a fiscal year,

whichever is less, to the Division of Health Care Financing and Policy.

(b) A private hospital which receives a disproportionate share payment pursuant to paragraph ~~[(d)]~~ (c) of subsection 2 of NRS 422.387 is located, the county shall transfer 1.95 percent of the total amount of disproportionate share payments distributed to all hospitals pursuant to NRS 422.387 for a fiscal year, but not more than $1,500,000, to the Division of Health Care Financing and Policy.

2. A county that transfers the amount required pursuant to paragraph (b) of subsection 1 to the Division of Health Care Financing and Policy is discharged of the duty and is released from liability for providing medical treatment for indigent inpatients who are treated in the hospital in the county that receives a payment pursuant to paragraph ~~[(d)]~~ (c) of subsection 2 of NRS 422.387.

3. The money transferred to the Division of Health Care Financing and Policy pursuant to subsection 1 must not come from any source of funding that could result in any reduction in revenue to the State pursuant to 42 U.S.C. § 1396b(w).

4. Any money collected pursuant to subsection 1, including any interest or penalties imposed for a delinquent payment, must be deposited in the State Treasury for credit to the Intergovernmental Transfer Account in the State General Fund to be administered by the Division of Health Care Financing and Policy.

5. The interest and income earned on money in the Intergovernmental Transfer Account, after deducting any applicable charges, must be credited to the Account.”.

Amend sec. 3, page 3, line 17, by deleting “4,” and inserting “5,”.

Amend sec. 3, page 3, line 21, by deleting “5” and inserting “6”.

Amend sec. 3, page 3, line 32, by deleting “5” and inserting “6”.

Amend sec. 4, page 4, by deleting lines 32 through 36 and inserting:

“(b) The private hospital with the highest uncompensated care percentage in each county whose population is 400,000 or more, the total annual disproportionate share payments are $1,000,000 plus 2.1 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;

(c) All private hospitals in counties whose population is 400,000 or more other than the hospitals described in paragraph (b), the total annual disproportionate share payments are $200,000 plus 0.4 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;”.

Amend sec. 4, page 4, line 37, by deleting “(c)” and inserting “(d)”.

Amend sec. 4, page 4, line 42, by deleting “(d)” and inserting “(e)”.

Amend sec. 4, page 5, line 3, by deleting “(e)” and inserting “(f)”.

Amend sec. 4, page 5, by deleting lines 9 and 10 and inserting: “payment in an amount determined pursuant to subsections 4 and 5. Any amount set forth in each”.

Amend sec. 4, page 5, line 31, after “4.” by inserting: “Except as otherwise provided in subsection 5, the base payments for the purposes of subsection 3 are:

(a) For the University Medical Center of Southern Nevada, $66,531,729;

(b) For Washoe Medical Center, $4,800,000;

(c) For Carson-Tahoe Hospital, $1,000,000;

(d) For Northeastern Nevada Regional Hospital, $500,000;

(e) For Churchill Community Hospital, $500,000;

(f) For Humboldt General Hospital, $215,109;

(g) For William Bee Ririe Hospital, $204,001;

(h) For Mt. Grant General Hospital, $195,838;

(i) For South Lyon Medical Center, $174,417;

(j) For Nye Regional Medical Center, $115,000; and

(k) For Sunrise Hospital and Medical Center, $200,000,

or the successors in interest to such hospitals.

5.”.

Amend sec. 4, page 5, line 39, by deleting “law; and” and inserting: “law. If the amount available to hospitals in a group described in a paragraph of subsection 2 is less than the total amount of base payments specified in subsection 4, the Administrator shall reduce the base payments proportionally in accordance with the limits of federal law.”.

Amend sec. 4, page 5, line 42, by deleting “5.” and inserting “6.”.

Amend sec. 4, page 6, line 4, by deleting: “2 and 3.” and inserting: “2, 3 and 4.”.

Amend sec. 4, page 6, line 5, by deleting “6.” and inserting “7.”.

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

“Sec. 7. NRS 422.387 is hereby amended to read as follows:

422.387 1. Before making the payments required or authorized by this section, the Division of Health Care Financing and Policy shall allocate money for the administrative costs necessary to carry out the provisions of NRS 422.380 to 422.390, inclusive. The amount allocated for administrative costs must not exceed the amount authorized for expenditure by the Legislature for this purpose in a fiscal year. The Interim Finance Committee may adjust the amount allowed for administrative costs.

2. The State Plan for Medicaid must provide for the payment of the maximum amount of disproportionate share payments allowable under federal law and regulations. The State Plan for Medicaid must provide that for:

(a) All public hospitals in counties whose population is 400,000 or more, the total annual disproportionate share payments are $66,650,000 plus 90 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;

(b) [The private hospital with the highest uncompensated care percentage in each county whose population is 400,000 or more, the total annual disproportionate share payments are $1,000,000 plus 2.1 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;

~~(c)]~~ All private hospitals in counties whose population is 400,000 or more , ~~[other than the hospitals described in paragraph (b),]~~ the total annual disproportionate share payments are ~~[$200,000 plus 0.4]~~ $1,200,000 plus 2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;

~~[(d)]~~ (c) All private hospitals in counties whose population is 100,000 or more but less than 400,000, the total annual disproportionate share payments are $4,800,000 plus 2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000;

~~[(e)]~~ (d) All public hospitals in counties whose population is less than 100,000, the total annual disproportionate share payments are $900,000 plus 2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000; and

~~[(f)]~~ (e) All private hospitals in counties whose population is less than 100,000, the total annual disproportionate share payments are $2,450,000 plus 2.5 percent of the total amount of disproportionate share payments distributed by the State in that fiscal year that exceeds $76,000,000.

3. The State Plan for Medicaid must provide for a base payment in an amount determined pursuant to subsections 4 and 5. Any amount set forth in each paragraph of subsection 2 that remains after all base payments have been distributed must be distributed to the hospital within that paragraph with the highest uncompensated care percentage in an amount equal to either the amount remaining after all base payments have been distributed or the amount necessary to reduce the uncompensated care percentage of that hospital to the uncompensated care percentage of the hospital in that paragraph with the second highest uncompensated care percentage, whichever is less. Any amount set forth in subsection 2 that remains after the uncompensated care percentage of the hospital with the highest uncompensated care percentage in a paragraph has been reduced to equal the uncompensated care percentage of the hospital in that paragraph with the second highest uncompensated care percentage must be distributed equally to the two hospitals with the highest uncompensated care percentage in that paragraph until their uncompensated care percentages are equal to the uncompensated care percentage of the hospital with the third highest uncompensated care percentage in that paragraph. This process must be repeated until all available funds set forth in a paragraph of subsection 2 have been distributed.

4. Except as otherwise provided in subsection 5, the base payments for the purposes of subsection 3 are:

(a) For the University Medical Center of Southern Nevada, $66,531,729;

(b) For Washoe Medical Center, $4,800,000;

(d) For Northeastern Nevada Regional Hospital, $500,000;

(e) For Churchill Community Hospital, $500,000;

(f) For Humboldt General Hospital, $215,109;

(g) For William Bee Ririe Hospital, $204,001;

(h) For Mt. Grant General Hospital, $195,838;

(i) For South Lyon Medical Center, $174,417;

(j) For Nye Regional Medical Center, $115,000; and

(k) For Sunrise Hospital and Medical Center, ~~[$200,000,]~~ one-sixth of the total amount distributed in the respective fiscal year to the group described in the paragraph of subsection 2 of which Sunrise Hospital and Medical Center is a member,

or the successors in interest to such hospitals.

5. The Plan must be consistent with the provisions of NRS 422.380 to 422.390, inclusive, and Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., and the regulations adopted pursuant to those provisions. If the total amount available to the State for making disproportionate share payments is less than $76,000,000, the Administrator:

(a) Shall adjust the amounts for each group of hospitals described in a paragraph of subsection 2 proportionally in accordance with the limits of federal law. If the amount available to hospitals in a group described in a paragraph of subsection 2 is less than the total amount of base payments specified in subsection 4, the Administrator shall reduce the base payments proportionally in accordance with the limits of federal law.

(b) Shall adopt a regulation specifying the amount of the reductions required by paragraph (a).

6. To the extent that money is available in the Intergovernmental Transfer Account, the Division of Health Care Financing and Policy shall distribute $50,000 from that Account each fiscal year to each public hospital which:

(a) Is located in a county that does not have any other hospitals; and

(b) Is not eligible for a payment pursuant to subsections 2, 3 and 4.

7. As used in this section:

(a) “Total revenue” is the amount of revenue a hospital receives for patient care and other services, net of any contractual allowances or bad debts.

(b) “Uncompensated care costs” means the total costs of a hospital incurred in providing care to uninsured patients, including, without limitation, patients covered by Medicaid or another governmental program for indigent patients, less any payments received by the hospital for that care.

(c) “Uncompensated care percentage” means the uncompensated care costs of a hospital divided by the total revenue for the hospital.”.

Amend sec. 6, page 7, by deleting lines 1 through 30 and inserting:

“Sec. 9. 1. There is hereby appropriated from the State General Fund to the Medicaid Budget Account in the State General Fund:

For the Fiscal Year 2003-2004 $350,000

For the Fiscal Year 2004-2005 $350,000

2. Any balance of the appropriation made by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the State General Fund as soon as all payments of money committed have been made.

3. The Division of Health Care Financing and Policy of the Department of Human Resources shall distribute $350,000 during Fiscal Year 2003-2004 and $350,000 during Fiscal Year 2004-2005, proportionally to each hospital described in paragraph (c) of subsection 2 of NRS 422.387 whose annual disproportionate share payment was reduced by at least 40 percent between Fiscal Year 2002-2003 and Fiscal Year 2003-2004.”.

Amend sec. 7, page 7, line 31, by deleting: “This act becomes” and inserting:

“1. This section and sections 1, 2, 3, 5, 6, 8 and 9 of this act become”.

Amend sec. 7, page 7, after line 33, by inserting:

“2. Sections 4 and 7 of this act become effective on July 1, 2005.”.

Amend the title of the bill, fifth line, after “patients;” by inserting: “making an appropriation;”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senators Rawson, Carlton, Washington and Neal.

Conflict of interest declared by Senator Raggio.

Senator Raggio requested that the following remarks be entered in the Journal.

Senator Rawson:

Thank you, Madam President. This amendment recognizes those hospitals that have an above average, disproportionate share of indigent patients. Everyone has come together on this issue. We have verified that the formulas are correct. The hospital association is in agreement with this, and all the representatives from the individually affected hospitals approve of it.

The measure holds the rural hospitals harmless. It holds the State budget amount intact. It protects Lake Mead Hospital to the extent and a little beyond of what they had last session.

Senator Carlton:

Thank you. I have questions on the amendment. In the amendment on page 8 under section 7, subsection 4, paragraph (k), Sunrise Hospital and Medical Center has a dollar amount eliminated and it moves it to 1/6 of the total amount distributed. I would like to find out what that amount is and where that money comes from? My second question is on the last page of the bill. Under paragraph (c), the Division of Health Care and Financing, the $350,000 for each year is going to a private hospital. Where is that money coming from, and who is the money going to?

Senator Rawson:

Thank you, Madam President. On page 8, the question regarded paragraph (k), Sunrise Hospital and Medical Center. The total amount is a pot established in the formula and is in existing law. It is $1.2 million and would represent $184,000 for Sunrise Hospital.

Senator Carlton:

The second part of that question was who is now not getting that amount of money because it is going here. Was this taken from one particular hospital, or was a portion taken from the above named hospitals?

Senator Rawson:

Thank you, Madam President. That $1.2 million is spread between two hospitals; the other 1/6 of the $1.2 million would go to Lake Mead Hospital. That would give them a little over $1 million and a little under $200,000 would go to Sunrise Hospital. That was agreed to by Lake Mead Hospital. That has been the discussion through all of this Session and has not changed. The change to this bill is that there is an appropriation of $350,000 a year, that is a total of $700,000 for the biennium, that would go into this same category and would be distributed to private hospitals who have higher than the average, disproportionate share and who have lost compensation from this category since the last time it was formulated. That money would be directed toward Sunrise Hospital, and they would get approximately, in total, $500,000 a year. They received $800,000 a year during the last biennium. It is still a cut for them, and the hospitals agree with this.

Senator Carlton:

To clarify, under section 9, we have money being appropriated from the General Fund to go to the Medicaid Budget, and from the Medicaid Budget, it will then be forwarded to Sunrise Hospital because they are the only hospital to whom the criteria applies right now. Is that correct?

Senator Rawson:

That is correct. We have money that is coming back to the State from the federal government. The total amount was $105 million. That goes through the Medicaid accounts, frees up General Fund money that would allow this money to go back into the hospitals. It meets some of the objectives of putting that money back into the State so it may funnel that money to these types of purposes because these kinds of hospitals have a disproportionate share of Medicaid or indigent care.

Senator Carlton:

Thank you, Madam President. Unfortunately, I will have to be in opposition to this amendment. I have some concerns about General Fund dollars going to one of the most profitable hospitals in this State. The State is experiencing financial difficulties, and there are too many other needs in this State through Medicaid for children and seniors. This bothers me.

Senator Washington:

Thank you, Madam President. I am going to stand in support of the amendment. The chair of the Human Resources Committee has worked diligently to come up with an equitable formula for the hospitals. I worked with some of the members from Sunrise Hospital. With the changing demographics in Las Vegas and the patients accessing health care, it is important that those Medicaid dollars follows those patients. I want to be assured that as we continue to visit this issue concerning DSH, this formula is not set in concrete, and that there is some flexibility so that we make certain we service those Medicaid patients to the fullest.

Senator Neal:

Madam President, I am glad Senator Carlton asked questions about this bill. We had this in committee. The amendment and the questions about it raised on page 8, where 1/6 of the total amount is distributed in the respective fiscal year to the group of which Sunrise Hospital Medical Center is a member. I was trying to find the answer in subsection 2 where it would explain what the 1/6 means in terms of the total amount of money. Is the 1/6 talked about referenced on page 6 of the amendment?

Senator Rawson:

Madam President, the 1/6 has to do with an account established in the bill in existing language. That category of money is $1.2 million that is withheld from the other categories that make up over $70 million. That $1.2 million is set aside for hospitals that have a disproportionate share in large counties. Lake Mead Hospital is the hospital that it was created for and, in the last session, we changed that language to allow Sunrise Hospital to access the fund. We defined the amount that Sunrise Hospital could get so that there would be no questions. The 1/6 refers to the specific amount of money in the $1.2 million category which is in existing language.

Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

Senate Concurrent Resolution No. 31.

Resolution read.

The following amendment was proposed by the Committee on Legislative Affairs and Operations:

Amendment No. 960.

Amend the resolution, page 2, by deleting lines 19 through 38 and inserting:

“Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to appoint a committee to conduct a preliminary feasibility study of the long-range mass transit needs of the State of Nevada and its communities, including, without limitation:

1. Buses and other motor vehicles that travel on the streets and highways of this state;

2. Light rail service between urban, suburban and rural communities;

3. Magnetic levitation trains and other forms of rapid mass transit, both within this state and extending to large urban areas in neighboring states;

4. Commuter trains;

5. Monorail systems; and

6. Other forms of mass transit; and be it further

Resolved, That the study must include, without limitation, an evaluation of:

1. Alternative future transportation systems;

2. Factors such as public safety, environmental protection and efficiency;

3. Economic concerns; and

4. Infrastructure needs; and be it further

Resolved, That the Legislative Commission shall submit a report of the results of the preliminary feasibility study and any recommendations for legislation to the 73rd Session of the Nevada Legislature.”.

Amend the preamble of the resolution, pages 1 and 2, by deleting lines 4 through 6 on page 1 and lines 1 through 18 on page 2, and inserting:

“Whereas, Because of the recent changes in the economic climate of our country and our state, and the security concerns of travelers, it would be beneficial to expand the methods of transportation to bring tourists and business people to the State of Nevada; and

Whereas, Our state is unique in that one must sometimes travel long distances between communities, and alternate transportation suitable to that environment would allow those distances to be traversed in a very short period; now, therefore, be it”.

Amend the title of the resolution to read as follows:

“SENATE CONCURRENT RESOLUTION—Directing the Legislative Commission to conduct a preliminary feasibility study of long-range mass transit within the State of Nevada and to large urban areas in neighboring states.”.

Amend the summary of the resolution to read as follows:

“SUMMARY—Directs Legislative Commission to conduct preliminary feasibility study of long-range mass transit within State of Nevada and to large urban areas in neighboring states. (BDR R‑1136)”.

Senator Washington moved the adoption of the amendment.

Remarks by Senator Washington.

Amendment adopted.

Resolution ordered reprinted, engrossed and to the Resolution File.

SECOND READING AND AMENDMENT

Senate Bill No. 3.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 955.

Amend section 1, page 1, line 8, by deleting “paragraph (c),” and inserting: “paragraphs (c) and (d),”.

Amend section 1, page 2, after line 33, by inserting:

“(d) Five percent of the amount of the license fee imposed by the provisions of NRS 463.370 that is paid pursuant to subsection 2 of NRS 464.045 by persons licensed to conduct off-track pari-mutuel wagering which exceeds $5,036,938 per calendar year must, after the deduction of costs of administration and collection, be allocated pro rata among the counties in this state in which on-track pari-mutuel wagering is conducted. The allocation must be based upon the amounts paid from each such county pursuant to subsection 2 of NRS 466.125 and must be transmitted to the respective county treasurers as provided in this paragraph. On March 1 of each year, the Board shall calculate the amount of money to be allocated to the respective county treasurers and notify the State Treasurer of the appropriate amount of each allocation. The State Treasurer shall transfer the money to the respective county treasurers. Money received by a county treasurer pursuant to this paragraph must be deposited in the county general fund and expended to augment any stakes, purses or rewards which are offered with respect to horse races conducted in that county by a state fair association, agricultural society or county fair and recreation board.”.

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

“Sec. 2. NRS 464.020 is hereby amended to read as follows:

464.020 1. The Nevada Gaming Commission is charged with the administration of this chapter for the protection of the public and in the public interest.

2. The Nevada Gaming Commission may issue licenses permitting the conduct of the pari-mutuel system of wagering, including off-track pari‑mutuel wagering, and may adopt, amend and repeal regulations relating to the conduct of such wagering.

3. The wagering must be conducted only by the licensee at the times determined by the Nevada Gaming Commission and only:

(a) Within the enclosure wherein the race or other sporting event which is the subject of the wagering occurs; or

(b) Within a licensed gaming establishment which has been approved to conduct off-track pari-mutuel wagering.

This subsection does not prohibit a person licensed to accept, pursuant to regulations adopted by the Nevada Gaming Commission, off-track pari‑mutuel wagers from accepting wagers made by wire communication from patrons within the State of Nevada , ~~[or]~~ from other states in which such wagering is legal ~~[.]~~ or from places outside the United States in which such wagering is legal.

4. The regulations of the Nevada Gaming Commission may include, without limitation:

(a) Requiring fingerprinting of an applicant or licensee, or other method of identification.

(b) Requiring information concerning an applicant’s antecedents, habits and character.

(c) Prescribing the method and form of application which any applicant for a license issued pursuant to this chapter must follow and complete before consideration of his application by the Nevada Gaming Commission.

(d) Prescribing the permissible communications technology and requiring the implementation of border control technology that will ensure that a person cannot place a wager with a race book in this state from another state or another location where placing such a wager is illegal.

5. The Nevada Gaming Commission may appoint an Off-Track Pari Mutuel Wagering Committee consisting of nine persons who are licensed to engage in off-track pari-mutuel wagering. If the Commission appoints such a Committee, it shall appoint to the Committee:

(a) Five members from a list of nominees provided by the State Association of Gaming Establishments whose members collectively paid the most gross revenue fees to the State pursuant to NRS 463.370 in the preceding year;

(b) Two members who, in the preceding year, paid gross revenue fees pursuant to NRS 463.370 in an amount that was less than the average amount of gross revenue fees paid by licensees engaged in off-track pari-mutuel wagering in the preceding year; and

If a vacancy occurs in a position on the Committee for any reason, including, but not limited to, termination of a member, the Commission shall appoint a successor member who satisfies the same criteria in paragraph (a), (b) or (c) that applied to the member whose position has been vacated.

6. If the Nevada Gaming Commission appoints an Off-Track Pari‑Mutuel Wagering Committee pursuant to subsection 5, the Commission shall:

(a) Grant to the Off-Track Pari-Mutuel Wagering Committee the exclusive right to negotiate an agreement relating to off-track pari-mutuel wagering with:

(1) A person who is licensed or otherwise permitted to operate a wagering pool in another state; and

(2) A person who is licensed pursuant to chapter 464 of NRS as an operator of a system.

(b) Require the Off-Track Pari-Mutuel Wagering Committee to grant to each person licensed pursuant to this chapter to operate an off-track pari‑mutuel race pool the right to receive, on a fair and equitable basis, all services concerning wagering in such a race pool that the Committee has negotiated to bring into or provide within this state.

7. The Nevada Gaming Commission shall, and it is granted the power to, demand access to and inspect all books and records of any person licensed pursuant to this chapter pertaining to and affecting the subject of the license.

Sec. 3. NRS 464.075 is hereby amended to read as follows:

464.075 1. ~~[A]~~ Except as otherwise provided in subsection 4, a person who is licensed to engage in off-track pari-mutuel wagering shall not:

(a) Accept from a patron less than the full face value of an off-track pari‑mutuel wager;

(b) Agree to refund or rebate to a patron any portion or percentage of the full face value of an off-track pari-mutuel wager; or

2. A person who is licensed to engage in off-track pari-mutuel wagering and who:

(a) Attempts to evade the provisions of subsection 1 by offering to a patron a wager that is not posted and offered to all patrons; or

(b) Otherwise violates the provisions of subsection 1,

is subject to the investigatory and disciplinary proceedings that are set forth in NRS 463.310 to 463.318, inclusive, and shall be punished as provided in those sections.

3. The Nevada Gaming Commission shall adopt regulations to carry out the provisions of subsections 1 and 2 of this section.

4. The Nevada Gaming Commission may, by regulation, exempt certain bets, refunds, rebates, payoffs or bonuses from the provisions of subsection 1 if the Commission determines that such exemptions are in the best interests of the State of Nevada and licensed gaming in this state. Any bets, refunds, rebates, payoffs or bonuses that would result in the amount of such bets, refunds, rebates, payoffs or bonuses being directly or indirectly deductible from gross revenue may not be exempt.”.

Amend the title of the bill, fourth line, after “counties;” by inserting: “revising certain provisions concerning the regulation of certain off-track pari-mutuel wagering;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes to off-track pari-mutuel wagering. (BDR 41‑41)”.

Senator Rhoads moved the adoption of the amendment.

Remarks by Senators Rhoads and Care.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 549.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 959.

Amend section 1, pages 1 and 2, lines 16 and 17 on page 1 and line 1 on page 2, by deleting the brackets and strike-through.

Amend section 1, page 2, line 4, by deleting “~~[(c)]~~ (b)” and inserting “(c)”.

Amend section 1, page 2, line 7, by deleting “~~[(d)]~~ (c)” and inserting “(d)”.

Amend section 1, page 2, line 15, after “3.” by inserting: “Notwithstanding the provisions of paragraphs (a) and (b) of subsection 2, money in the account derived from the forfeiture of any property described in NRS 453.301 may be used to pay for the operating expenses of a joint task force on narcotics otherwise funded by a federal, state or private grant or donation. As used in this subsection, “joint task force on narcotics” means a task force on narcotics operated by the Department of Public Safety in conjunction with other local or federal law enforcement agencies.

4.”.

Amend section 1, page 2, line 16, by deleting “~~[(d)]~~ (c)” and inserting “(d)”.

Amend section 1, page 2, line 22, by deleting “4.” and inserting “~~[4.]~~ 5.”.

Amend section 1, page 2, lines 24 and 27, by deleting “~~[(d)]~~ (c)” and inserting “(d)”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

GENERAL FILE AND THIRD READING

Senate Bill No. 292.

Bill read third time.

The following amendment was proposed by the Committee on Legislative Affairs and Operations:

Amendment No. 927.

Amend section 1, page 1, line 3, by deleting: “study of the” and inserting: “study of:

(a) The”.

Amend section 1, page 1, line 4, by deleting “insurers. The” and inserting: “insurers; and

(b) Administered pricing mechanisms for medical professional liability insurance.

The”.

Amend section 1, page 1, line 7, after “insurance” by inserting: “and casualty insurance as it pertains to medical professional liability coverage”.

Amend section 1, page 1, line 10, after “(a)” by inserting: “For the impact of the recent privatization of the industrial insurance:

(1)”.

Amend section 1, page 1, line 14, by deleting “(b)” and inserting “(2)”.

Amend section 1, page 2, line 4, by deleting “and”.

Amend section 1, page 2, line 5, by deleting “(c)” and inserting “(3)”.

Amend section 1, page 2, line 7, by deleting “insurers.” and inserting: “insurers; and

(b) For administered pricing mechanisms for medical professional liability insurance:

(1) The plausibility of carrying out a rating system that consists of:

(I) Uniform loss costs by classification and territory;

(II) Uniform claims-made step factors, including the number of steps;

(III) Factors for uniform extended reporting periods;

(IV) Uniform experience and schedule rating plans; and

(V) Any other rating factors deemed necessary;

(2) An estimate of the cost to carry out such a rating system;

(3) An analysis of the impact that such a rating system would have on the availability and affordability of medical professional liability coverage; and

(4) An analysis of the impact that such a rating system would have on the insurance industry within this state.”.

Amend section 1, page 2, by deleting lines 10 and 11 and inserting: “workers, employers, the medical profession and insurers, and from experts in the area of industrial insurance and medical professional liability insurance.”.

Amend the title of the bill to read as follows:

“AN ACT relating to insurance; directing the Legislative Commission to appoint a subcommittee to study the impact of the recent privatization of the industrial insurance program and administered pricing mechanisms for medical professional liability insurance; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Directs Legislative Commission to appoint subcommittee to study impact of recent privatization of industrial insurance program and administered pricing mechanisms for medical professional liability insurance. (BDR S‑784)”.

Senator Washington moved the adoption of the amendment.

Remarks by Senator Washington.

Amendment adopted.

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

Senate Bill No. 132.

Bill read third time.

Remarks by Senator Coffin.

Roll call on Senate Bill No. 132:

Yeas—21.

Nays—None.

Senate Bill No. 132 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 210.

Bill read third time.

Roll call on Senate Bill No. 210:

Yeas—21.

Nays—None.

Senate Bill No. 210 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 497.

Bill read third time.

Roll call on Senate Bill No. 497:

Yeas—19.

Nays—Care, Carlton—2.

Senate Bill No. 497 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 249.

Bill read third time.

Remarks by Senators Raggio, Neal and Carlton.

Senator Carlton requested that her remarks be entered in the Journal.

Thank you, Madam President. I will take the Majority Leader’s hint, put my boxing gloves on, and deal with this at the south end of the hallway.

I would like to put on the record that this is a significant change in how we do organizing in this State. We have a standard 20 percent of a total employee group or a 50 percent plus 1, as far as card check goes. If you have 2,000 employees and 100 members decide to do something, you could end up having numerous different groups represented with only 100 members each. This is a policy change as far as how we have dealt with the bargaining units and card check, but I will take it up at the south end of the building.

Roll call on Assembly Bill No. 249:

Yeas—21.

Nays—None.

Assembly Bill No. 249 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 257.

Bill read third time.

Roll call on Assembly Bill No. 257:

Yeas—21.

Nays—None.

Assembly Bill No. 257 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 395.

Bill read third time.

Roll call on Assembly Bill No. 395:

Yeas—21.

Nays—None.

Assembly Bill No. 395 having received a two-thirds majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Recede From Senate Amendments

Senator Hardy moved that the Senate do not recede from its action on Assembly Bill No. 502, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.

Remarks by Senator Hardy.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Madam President appointed Senators Shaffer, Townsend and Carlton as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 502.

Madam President appointed Senators Townsend, Tiffany and Titus as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 143.

Madam President appointed Senators Tiffany, Hardy and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 144.

Madam President appointed Senators Townsend, Hardy and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 147.

Madam President appointed Senators O'Connell, Care and Tiffany as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 229.

Madam President appointed Senators O'Connell, Titus and Hardy as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 359.

Madam President appointed Senators Tiffany, O'Connell and Titus as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 451.

Reports of Conference Committees

Madam President:

The first Conference Committee concerning Senate Bill No. 372, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No.13, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend sec. 6. page 4, line 13, by deleting “subsection 3,” and inserting “this section,”.

Amend sec. 6, page 4, line 19, after “barber.” by inserting: “Such a barber remains under the jurisdiction of the State Barbers’ Health and Sanitation Board.”.

Amend sec. 8, page 5, by deleting lines 29 through 31 and inserting:

“3. The Board may, upon request, authorize a school of cosmetology to offer, in addition to courses which are included in any curriculum required for licensure as a cosmetologist, any other course.”.

Maggie Carlton	Chris Giunchigliani
Warren B. Hardy	Sheila Leslie
Raymond C. Shaffer	Bob Beers
Senate Conference Committee	Assembly Conference Committee

Senator Carlton moved that the Senate adopt the report of the first Conference Committee concerning Senate Bill No. 372.

Motion carried by a constitutional majority.

Madam President:

The first Conference Committee concerning Assembly Bill No. 132, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 7, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend section 1, page 1, line 3, by deleting “subsection” and inserting: “subsections 3 and”.

Amend section 1, page 1, line 4, by deleting “any” and inserting: “in each judicial district that includes a county whose population is 400,000 or more:

(a) Any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, other than a hearing held pursuant to subsections 1 to 4, inclusive, of NRS 432B.530 or a hearing held pursuant to subsection 5 of NRS 432B.530 when the court proceeds immediately, must be open to the general public unless the judge or master, upon his own motion or upon the motion of another person, determines that all or part of the proceeding must be closed to the general public because such closure is in the best interests of the child who is the subject of the proceeding. In determining whether closing all or part of the proceeding is in the best interests of the child who is the subject of the proceeding, the judge or master must consider and give due weight to the desires of that child.

(b) If the judge or master determines pursuant to paragraph (a) that all or part of a proceeding must be closed to the general public:

(1) The judge or master must make specific findings of fact to support such a determination; and

(2) The general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.

(c) Any proceeding held pursuant to subsections 1 to 4, inclusive, of NRS 432B.530 and any proceeding held pursuant to subsection 5 of NRS 432B.530 when the court proceeds immediately must be closed to the general public unless the judge or master, upon his own motion or upon the motion of another person, determines that all or part of the proceeding must be open to the general public because opening the proceeding in such a manner is in the best interests of the child who is the subject of the proceeding. In determining whether opening all or part of the proceeding is in the best interests of the child who is the subject of the proceeding, the judge or master must consider and give due weight to the desires of that child. If the judge or master determines pursuant to this paragraph that all or part of a proceeding must be open to the general public, the judge or master must make specific findings of fact to support such a determination. Unless the judge or master determines pursuant to this paragraph that all or part of a proceeding described in this paragraph must be open to the general public, the general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.

2. Except as otherwise provided in subsections 3 and 4 and NRS 432B.457, in each judicial district that includes a county whose population is less than 400,000:

(a) Any”.

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

“(b) If the judge or master determines pursuant to paragraph (a) that all or part of a proceeding must be open to the general public, the judge or master must make specific findings of fact to support such a determination.

(c)”.

Amend section 1, page 2, line 2, by deleting “subsection 1” and inserting “paragraph (a)”.

Amend section 1, page 2, by deleting line 3 and inserting “general public,”.

Amend section 1, page 2, by deleting lines 7 through 10 and inserting:

“3. Except as otherwise provided in subsection 4 and NRS 432B.457, in a proceeding held pursuant to NRS 432B.470, the general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.”.

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

“Sec. 2. 1. The Court Administrator shall collect information from the clerks of the district courts concerning:

(a) The effect of the amendatory provisions of this act on children who are involved in proceedings held pursuant to NRS 432B.410 to 432B.590, inclusive;

(b) The operation of the child welfare system in this state; and

2. The Court Administrator shall:

(a) On or before July 1, 2004, or by another date determined by the Legislative Committee on Children, Youth and Families, submit to the Committee a written report compiling the information collected pursuant to subsection 1; and

(b) On or before January 1, 2005, submit to the Director of the Legislative Counsel Bureau for transmittal to the 73rd Session of the Nevada Legislature a written report compiling the most recent and updated information collected pursuant to subsection 1.”

Amend the title of the bill to read as follows:

“AN ACT relating to the protection of children; providing that in certain judicial districts proceedings concerning the abuse or neglect of children are presumptively open to the public and that in certain judicial districts such proceedings are presumptively closed to the public; requiring the Court Administrator to prepare reports concerning the child welfare system; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY―Provides that in certain judicial districts proceedings concerning abuse or neglect of children are presumptively open to public and that in certain judicial districts such proceedings are presumptively closed to public. (BDR 38‑689)”.

Valerie Wiener	Bernie Anderson
Maurice E. Washington	Sharron Angle
Randolph J. Townsend	William Horne
Senate Conference Committee	Assembly Conference Committee

Senator Wiener moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 132.

Motion carried by a constitutional majority.

Madam President:

The first Conference Committee concerning Assembly Bill No. 353, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

	William Horne
Barbara Cegavske	Kelvin Atkinson
Bob Coffin	Jason Geddes
Senate Conference Committee	Assembly Conference Committee

Senator Cegavske moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 353.

Motion carried by a constitutional majority.

Madam President:

The first Conference Committee concerning Assembly Bill No. 498, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 8, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend sec. 14, pages 14 and 15, by deleting lines 22 through 45 on page 14 and lines 1 through 13 on page 15, and inserting:

“Sec. 14. NRS 40.251 is hereby amended to read as follows:

40.251 1. A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:

~~[1.]~~ (a) Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, he continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of:

~~[(a)]~~ (1) For tenancies from week to week, at least 7 days;

~~[(b) For]~~

(2) Except as otherwise provided in subsection 2, for all other periodic tenancies, at least 30 days; or

~~[(c)]~~ (3) For tenancies at will, at least 5 days.

~~[2.]~~ (b) A dwelling unit subject to the provisions of chapter 118A of NRS, he continues in possession, in person or by subtenant, without the landlord’s consent after expiration of:

~~[(a)]~~ (1) The term of the rental agreement or its termination and, except as otherwise provided in ~~[paragraph (b),]~~ subparagraph (2), the expiration of a notice of ~~[at]~~ :

(I) At least 7 days for tenancies from week to week ; and

(II) Except as otherwise provided in subsection 2, at least 30 days for all other periodic tenancies; or

~~[(b)]~~ (2) A notice of at least 5 days where the tenant has failed to perform his basic or contractual obligations under chapter 118A of NRS.

~~[3.]~~ (c) A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215, he continues in possession, in person or by subtenant, without the landlord’s consent ~~[, after]~~ :

(1) After notice has been given pursuant to NRS 118B.115, 118B.170 or 118B.190 and the period of the notice has expired [.

~~4. ]~~ ; or

(2) If the person is not a natural person and has received three notices for nonpayment of rent within a 12-month period, immediately upon failure to pay timely rent.

(d) A recreational vehicle lot, he continues in possession, in person or by subtenant, without the landlord’s consent, after the expiration of a notice of at least 5 days.

2. Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1, other than a tenancy from week to week, is 60 years of age or older or has a physical or mental disability, the tenant may request to be allowed to continue in possession for an additional 30 days beyond the time specified in subsection 1 by submitting a written request for an extended period and providing proof of his age or disability. A landlord may not be required to allow a tenant to continue in possession if a shorter notice is provided pursuant to subparagraph (2) of paragraph (b) of subsection 1.

3. Any notice provided pursuant to paragraph (a) or (b) of subsection 1 must include a statement advising the tenant of the provisions of subsection 2.

4. If a landlord rejects a request to allow a tenant to continue in possession for an additional 30 days pursuant to subsection 2, the tenant may petition the court for an order to continue in possession for the additional 30 days. If the tenant submits proof to the court that he is entitled to request such an extension, the court may grant the petition and enter an order allowing the tenant to continue in possession for the additional 30 days. If the court denies the petition, the tenant must be allowed to continue in possession for 5 calendar days following the date of entry of the order denying the petition.”.

Amend the bill as a whole by adding a new section designated sec. 15, following sec. 14, to read as follows:

“Sec. 15. This act becomes effective on July 1, 2003.”.

Amend the title of the bill, first line, by deleting: “manufactured home parks;” and inserting: “property; increasing the length of notice before a person who is 60 years of age or older or who has a disability may be evicted from certain periodic tenancies under certain circumstances;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes regarding manufactured home parks and tenants of real property. (BDR 10‑1296)”.

Warren B. Hardy	David Goldwater
Raymond C. Shaffer	Barbara Buckley
Michael Schneider	David Brown
Senate Conference Committee	Assembly Conference Committee

Senator Hardy moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 498.

Motion carried by a constitutional majority.

GENERAL FILE AND THIRD READING

Assembly Bill No. 550.

Bill read third time.

Remarks by Senator Raggio.

Roll call on Assembly Bill No. 550:

Yeas—21.

Nays—None.

Assembly Bill No. 550 having received a two-thirds majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senate Concurrent Resolution No. 31.

Resolution read.

Senator Washington moved the adoption of the resolution.

Remarks by Senator Washington.

Resolution adopted as amended.

Resolution ordered transmitted to the Assembly.

GENERAL FILE AND THIRD READING

Senate Bill No. 3.

Bill read third time.

Remarks by Senator Care.

Roll call on Senate Bill No. 3:

Yeas—21.

Nays—None.

Senate Bill No. 3 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 235.

Bill read third time.

Remarks by Senators Raggio and Carlton.

Roll call on Senate Bill No. 235:

Yeas—20.

Nays—Carlton.

Senate Bill No. 235 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 292.

Bill read third time.

Roll call on Senate Bill No. 292:

Yeas—21.

Nays—None.

Senate Bill No. 292 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 549.

Bill read third time.

Roll call on Assembly Bill No. 549:

Yeas—21.

Nays—None.

Assembly Bill No. 549 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Consideration of Assembly Amendments

Senate Bill No. 264.

The following Assembly amendment was read:

Amendment No. 728.

Amend sec. 5, page 4, by deleting lines 21 and 22 and inserting: “the safety of the public; and”.

Amend sec. 5, page 4, by deleting lines 26 through 28 and inserting:

“(1) Physically incapacitated ~~[;]~~ or in ill health; or

(2) In ill health and expected to die within 12 months.”.

Amendment No. 944.

Amend sec. 29, page 15, by deleting lines 26 through 31 and inserting:

“(a) To pay ~~[the cost of quartering, feeding and clothing the offender.]~~ any costs associated with the offender’s participation in the program, to the extent of his ability to pay.

(b) To allow the offender necessary travel expense to and from work and his other incidental expenses.

(d) To pay, either in full or ratably, the offender’s”.

Senator Amodei moved that the Senate concur in the Assembly amendments to Senate Bill No. 264.

Remarks by Senator Amodei.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Bill No. 473.

The following Assembly amendments were read:

Amendment No. 756.

Amend sec. 2, page 7, line 16, after “or” by inserting: “a facility for the production of”.

Amend sec. 4, page 9, line 8, after “or” by inserting: “a facility for the production of”.

Amendment No. 941.

Amend section 1, page 2, line 17, by deleting “~~[75]~~ 30” and inserting “75”.

Amend section 1, page 2, line 38, by deleting “10” and inserting “15”.

Amend sec. 2, page 6, line 17, by deleting “~~[$50,000,000]~~ $5,000,000” and inserting “$50,000,000”.

Amend sec. 2, page 6, line 18, by deleting “$1,000,000” and inserting “$2,000,000”.

Amend sec. 4, page 9, by deleting lines 3 and 4 and inserting: “or equipment which is leased or purchased. In the case of machinery”.

Senator McGinness moved that the Senate concur in the Assembly amendments to Senate Bill No. 473.

Remarks by Senator McGinness.

Motion carried by a constitutional majority.

Bill ordered enrolled.

Senate Joint Resolution No. 10.

The following Assembly amendment was read:

Amendment No. 945.

Amend the resolution, page 2, line 37, after “the” by inserting “concept of”.

Amend the resolution, page 2, between lines 41 and 42, by inserting:

“Resolved, That the members of the 72nd Session of the Nevada Legislature hereby urge that all aspects of the development and formalization of a final plan for the consolidation of certain public and private lands in Pershing County comply with all applicable federal laws and regulations governing the environment, including, without limitation, the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq.; and be it further”.

Senator Rhoads moved that the Senate concur in the Assembly amendment to Senate Joint Resolution No. 10.

Remarks by Senator Rhoads.

Motion carried by a constitutional majority.

Resolution ordered enrolled.

Senate Bill No. 137.

The following Assembly amendment was read:

Amendment No. 954.

Amend sec. 10, page 5, line 19, by deleting “2003.” and inserting: “2003, and expires by limitation on June 30, 2007.”.

Amend the title of the bill, fifth line, after “Committee;” by inserting: “providing for the prospective expiration of the Committee;”.

Senator Washington moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 137.

Remarks by Senators Washington and Rhoads.

Motion carried.

Bill ordered transmitted to the Assembly.

Recede From Senate Amendments

Senator O'Connell moved that the Senate do not recede from its action on Assembly Bill No. 23, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.

Remarks by Senators O'Connell and Raggio.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Madam President appointed Senators Raggio, Townsend and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 23.

Recede From Senate Amendments

Senator Shaffer moved that the Senate do not recede from its action on Assembly Bill No. 518, that a conference be requested, and that Madam President appoint a first Conference Committee consisting of three members to meet with a like committee of the Assembly.

Remarks by Senator Shaffer.

Conflict of interest declared by Senator Raggio.

Motion carried.

Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Madam President appointed Senators Care, Amodei and Nolan as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 518.

Senator Raggio moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 1:28 p.m.

SENATE IN SESSION

At 1:46 p.m.

President Hunt presiding.

Quorum present.

REPORTS OF COMMITTEES

Madam President:

Your Committee on Finance, to which was re-referred Senate Bill No. 250, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 30, 2003

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 314, 495; Senate Joint Resolution No. 11.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 537.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted, as amended, Assembly Concurrent Resolution No. 14.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 933 to Assembly Bill No. 534.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Conference Committee concerning Assembly Bills Nos. 30, 32, 155, 163, 355.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 14.

Senator Raggio moved that the resolution be referred to the Committee on Legislative Affairs and Operations.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 537.

Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 250.

Bill read third time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 952.

Amend sec. 29, page 14, by deleting lines 38 through 43 and inserting: “at the pleasure of the Board.”.

Amend sec. 30, page 15, by deleting line 4 and inserting “2. Each”.

Amend the bill as a whole by deleting sections 32 and 33 and adding:

“Secs. 32 and 33. (Deleted by amendment.)”.

Amend sec. 35, page 17, line 32, after “applicant” by inserting: “for a license to practice medicine”.

Amend sec. 37, page 18, by deleting lines 5 through 9 and inserting:

“Sec. 37. 1. Each person who holds a license issued pursuant to this chapter and who accepts the privilege of practicing medicine or respiratory care within this state pursuant to the provisions of the license shall be deemed to have given his consent to the revocation of the license at any time by the Board in accordance with the provisions of this section.

2. The Board shall not revoke a license issued pursuant to this chapter unless the Board, by a majority vote of its entire membership, finds by clear and convincing evidence that the licensee committed a material violation of:

(a) Any provision of NRS 630.161 or 630.301 to 630.3067, inclusive; or

(b) Any condition, restriction or limitation imposed on the license.”.

Amend sec. 41, page 19, by deleting lines 4 through 6 and inserting: “Board by law, the Legislative Commission shall issue to the Federation of State Medical Boards of the United States, Inc., a request for proposal to conduct regular performance audits of the Board. After considering the response to the request for proposal, if the Legislative Commission finds that the Federation of State Medical Boards of the United States, Inc., has the ability to conduct fair and impartial performance audits of the Board, the Legislative Commission shall engage the services of the Federation of State Medical Boards of the United States, Inc., to conduct regular performance audits of the Board. If the Legislative Commission finds that the Federation of State Medical Boards of the United States, Inc., does not have the ability to conduct fair and impartial performance audits of the Board or is otherwise unable to conduct such performance audits, the Legislative Commission shall direct the Audit Division of the Legislative Counsel Bureau to conduct regular performance audits of the Board.”.

Amend sec. 41, page 19, by deleting lines 41 through 45.

Amend sec. 41, page 20, line 1, by deleting “8.” and inserting “7.”.

Amend sec. 47, page 22, line 17, by deleting “1.”.

Amend sec. 47, page 22, line 20, by deleting “2. ~~[Employ~~” and inserting “~~[2. Employ~~”.

Amend sec. 47, page 22, by deleting lines 22 through 24 and inserting: “~~discharge of its duties.]~~”.

Amend the bill as a whole by deleting sections 49 and 50 and adding:

“Secs. 49 and 50. (Deleted by amendment.)”.

Amend sec. 51, page 26, by deleting lines 11 through 17 and inserting:

“[3. Every physician who is licensed pursuant to subsection 1 and who accepts the privilege of practicing medicine in this state pursuant to the provisions of the license shall be deemed to have given his consent to the revocation of the license at any time by the Board for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive.]”.

Amend sec. 59, page 32, by deleting lines 7 through 9 and inserting:

“ ~~7. Uses the title “M.D.”:~~

~~(a) Without having been awarded such a degree; or~~

~~(b) When not authorized by a specific statute,]~~”.

Amend the bill as a whole by deleting sec. 73 and adding:

“Sec. 73. (Deleted by amendment.)”.

Amend sec. 75, page 38, line 26, by deleting: “section 73 of this act,” and inserting “NRS 633.611,”.

Amend the bill as a whole by adding a new section designated sec. 77.5, following sec. 77, to read as follows:

“Sec. 77.5. NRS 633.611 is hereby amended to read as follows:

633.611 ~~[All proceedings subsequent to the filing of]~~

1. Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of the investigation conducted to determine whether to initiate disciplinary action are confidential . ~~[, except to the extent necessary for the conduct of an examination, until]~~

2. The complaint or other document filed by the Board ~~[determines to proceed with]~~ to initiate disciplinary action ~~[. If]~~ and all documents and information considered by the Board ~~[dismisses the complaint, the proceedings remain confidential. If the Board proceeds with disciplinary action, confidentiality concerning the proceedings is no longer required.]~~ when determining whether to impose discipline are public records.

3. The Board may disseminate all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation to any other licensing board, national association of registered boards, an agency of the Federal Government or of the State, the Attorney General or any law enforcement agency, regardless of whether the Board initiates disciplinary action as a result of the complaint or investigation.”.

Amend sec. 163, page 84, after line 45, by inserting:

“3. The requirements set forth in this section are in addition to the requirements set forth in section 12 of Senate Bill No. 122 of this session.”.

Amend the bill as a whole by deleting sections 166 through 175 and adding:

“Secs. 166-175. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sections 178 through 180 and the leadlines of repealed sections and adding new sections designated sections 178 through 184 and the leadlines of repealed sections of NRS and the text of repealed sections of enrolled bills, following sec. 177, to read as follows:

“Sec. 178. Section 2 of Senate Bill No. 122 of this session is hereby amended to read as follows:

Sec. 2. NRS 686B.070 is hereby amended to read as follows:

686B.070 1. Every authorized insurer and every rate service organization licensed under NRS ~~[686B.130]~~ 686B.140 which has been designated by any insurer for the filing of rates under subsection 2 of NRS 686B.090 shall file with the Commissioner all:

(a) Rates and proposed increases thereto;

(b) Forms of policies to which the rates apply;

(d) Changes and amendments thereof,

made by it for use in this state.

2. Except as otherwise provided in this section and NRS 686B.110, if a proposed increase or decrease in the rate of any kind or line of insurance does not change by more than 7 percent the total average premium required to be paid by persons insured by the insurer for that particular line or kind of insurance during the 12 months immediately preceding the proposed increase or decrease, the insurer shall file the information required by subsection 1 and the supporting data required to be filed pursuant to NRS 686B.100 on or before the date on which the changes are to become effective. The provisions of this subsection do not apply if the Commissioner has determined that the market is not competitive or if the Commissioner has made any of the other determinations described in subsection 1 of NRS 686B.110.

3. In a competitive market, if the Commissioner determines that the rates of an insurer require closer supervision by the Commissioner because of the financial condition of the insurer or because the insurer has engaged in rating practices which are unfairly discriminatory, the Commissioner may require the insurer to file the information required by subsection 1 and the supporting data required to be filed pursuant to NRS 686B.100 at least 60 days before the rates become effective or may subject the rates to review pursuant to NRS 686B.110.

4. The Commissioner shall review filings made pursuant to this section as soon as practicable to:

(a) Ensure the sufficiency of the financial condition of the insurer; ~~[and]~~

(b) Determine whether the insurer has engaged in rating practices which are unfairly discriminatory ~~[.]~~ ; and

(c) If applicable, determine whether the insurer has complied with the provisions of subsection 5.

5. If an insurer makes a filing that increases a rate for insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient, the insurer shall not include in the filing any component that is directly or indirectly related to the following:

(a) Capital losses, diminished cash flow from any dividends, interest or other investment returns, or any other financial loss that is materially outside of the claims experience of the professional liability insurance industry, as determined by the Commissioner.

(b) Losses that are the result of any criminal or fraudulent activities of a director, officer or employee of the insurer.

If the Commissioner determines that a filing includes any such component, the Commissioner shall disapprove the increase, in whole or in part, to the extent that the increase relies upon such a component.

6. Rates for title insurance and individual health insurance must be approved by the Commissioner pursuant to NRS 686B.110 before the insurer may use the rates.

Sec. 179. Section 4 of Senate Bill No. 122 of this session is hereby amended to read as follows:

Sec. 4. NRS 686B.110 is hereby amended to read as follows:

686B.110 1. If the Commissioner has determined that:

(a) The market is not competitive;

(b) Pursuant to NRS 686B.180, essential insurance coverage is not readily available in a voluntary market;

(c) Pursuant to NRS 686B.070, the rates of the insurer require closer supervision and that the rates are subject to review pursuant to this section;

(d) A proposed increase or decrease in the rate of any kind or line of insurance changes by more than 7 percent the total average premium required to be paid by persons insured by the insurer for that particular line or kind of insurance during the 12 months immediately preceding the proposed increase or decrease; or

(e) The rate is for title insurance or individual health insurance,

the Commissioner shall consider each proposed increase or decrease in the rate of any kind or line of insurance or subdivision thereof filed with him pursuant to NRS 686B.070. If the Commissioner finds that a proposed increase will result in a rate which is not in compliance with NRS 686B.050 ~~[,]~~ or subsection 5 of NRS 686B.070, he shall disapprove the proposal. The Commissioner shall approve or disapprove each proposal not later than 60 days after it is determined by him to be complete pursuant to subsection 4. If the Commissioner fails to approve or disapprove the proposal within that period, the proposal shall be deemed approved.

2. Whenever an insurer has no legally effective rates as a result of the Commissioner’s disapproval of rates or other act, the Commissioner shall, on request, specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by him. When new rates become legally effective, the Commissioner shall order the escrowed money or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis must not be required.

3. If the Commissioner disapproves a proposed rate and an insurer requests a hearing to determine the validity of his action, the insurer has the burden of showing compliance with the applicable standards for rates established in NRS 686B.010 to 686B.1799, inclusive. Any such hearing must be held:

(a) Within 30 days after the request for a hearing has been submitted to the Commissioner; or

(b) Within a period agreed upon by the insurer and the Commissioner.

If the hearing is not held within the period specified in paragraph (a) or (b), or if the Commissioner fails to issue an order concerning the proposed rate for which the hearing is held within 45 days after the hearing, the proposed rate shall be deemed approved.

4. The Commissioner shall by regulation specify the documents or any other information which must be included in a proposal to increase or decrease a rate submitted to him pursuant to NRS 686B.070. Each such proposal shall be deemed complete upon its filing with the Commissioner, unless the Commissioner, within 15 business days after the proposal is filed with him, determines that the proposal is incomplete because the proposal does not comply with the regulations adopted by him pursuant to this subsection.

5. If the Commissioner finds that a rate no longer meets the requirements of this chapter, the Commissioner may order the discontinuance of the rate. An order for the discontinuance of a rate may be issued only after a hearing with at least 10 days’ notice for all insurers and rate organizations that would be affected by such an order. The order must be in writing and include, without limitation:

(a) The grounds pursuant to which the order was issued;

(b) The date on which the order to discontinue the rate becomes effective; and

(c) The date, within a reasonable time after the date on which the order becomes effective, on which the order will expire.

An order for the discontinuance of a rate does not affect any contract or policy made or issued before the date on which the order becomes effective.

Sec. 180. Section 1 of Senate Bill No. 133 of this session is hereby amended to read as follows:

Section 1. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in NRS 630.161, the Board may issue a restricted license to a person who intends to practice medicine in this state as a psychiatrist in a mental health center of the Division under the direct supervision of a psychiatrist who holds an unrestricted license to practice medicine pursuant to this chapter.

2. A person who applies for a restricted license pursuant to this section is not required to take or pass a written examination as to his qualifications to practice medicine pursuant to paragraph (e) of subsection 2 of NRS 630.160, but the person must meet all other conditions and requirements for an unrestricted license to practice medicine pursuant to this chapter.

3. If the Board issues a restricted license pursuant to this section, the person who holds the restricted license may practice medicine in this state only as a psychiatrist in a mental health center of the Division and only under the direct supervision of a psychiatrist who holds an unrestricted license to practice medicine pursuant to this chapter.

4. If a person who holds a restricted license issued pursuant to this section ceases to practice medicine in this state as a psychiatrist in a mental health center of the Division:

(a) The Division shall notify the Board; and

(b) Upon receipt of such notification, the restricted license expires automatically.

5. The Board may renew or modify a restricted license issued pursuant to this section, unless the restricted license has expired automatically or has been revoked.

6. [Each person who holds a restricted license issued pursuant to this section and who accepts the privilege of practicing medicine in this state pursuant to the provisions of the restricted license shall be deemed to have given his consent to the revocation of the restricted license at any time by the Board for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive, or for any violation of the provisions of this section.

~~7.]~~ The provisions of this section do not limit the authority of the Board to issue a restricted license to an applicant in accordance with any other provision of this chapter.

~~[8.]~~ 7. As used in this section:

(a) “Division” means the Division of Mental Health and Developmental Services of the Department of Human Resources.

(b) “Mental health center” has the meaning ascribed to it in NRS 433.144.

Sec. 181. Section 9 of Senate Bill No. 139 of this session is hereby amended to read as follows:

Sec. 9. NRS 645.630 is hereby amended to read as follows:

645.630 1. The Commission may require a licensee, property manager or owner-developer to pay an administrative fine of not more than $5,000 for each violation he commits or suspend, revoke, deny the renewal of or place conditions upon his license, permit or registration, or impose any combination of those actions, at any time if the licensee, property-manager or owner-developer has, by false or fraudulent representation, obtained a license, permit or registration, or the licensee, property manager or owner‑developer, whether or not acting as such, is found guilty of:

(a) Making any material misrepresentation.

(b) Making any false promises of a character likely to influence, persuade or induce.

(c) Accepting a commission or valuable consideration as a real estate broker-salesman or salesman for the performance of any of the acts specified in this chapter or chapter 119 or 119A of NRS from any person except the licensed real estate broker with whom he is associated or the owner‑developer by whom he is employed.

(d) Representing or attempting to represent a real estate broker other than the broker with whom he is associated, without the express knowledge and consent of the broker with whom he is associated.

(e) Failing to maintain, for review and audit by the Division, each brokerage agreement and property management agreement governed by the provisions of this chapter and entered into by the licensee.

(f) Failing, within a reasonable time, to account for or to remit any money which comes into his possession and which belongs to others.

(g) If he is required to maintain a trust account:

(1) Failing to balance the trust account at least monthly; and

(2) Failing to submit to the Division an annual accounting of the trust account as required in NRS 645.310.

(h) Commingling the money or other property of his clients with his own or converting the money of others to his own use.

(i) In the case of a broker-salesman or salesman, failing to place in the custody of his licensed broker or owner-developer, as soon as possible, any deposit or other money or consideration entrusted to him by any person dealing with him as the representative of his licensed broker.

(j) Accepting other than cash as earnest money unless that fact is communicated to the owner before his acceptance of the offer to purchase and that fact is shown in the receipt for the earnest money.

(k) Upon acceptance of an agreement, in the case of a broker, failing to deposit any check or cash received as earnest money before the end of the next banking day unless otherwise provided in the purchase agreement.

(l) Inducing any party to a brokerage agreement, property management agreement, agreement of sale or lease to break it in order to substitute a new brokerage agreement, property management agreement, agreement of sale or lease with the same or another party if the inducement to make the substitution is offered to secure personal gain to the licensee or owner‑developer.

2. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec. 182. Section 7 of Senate Bill No. 332 of this session is hereby amended to read as follows:

Sec. 7. 1. The Board shall maintain a website on the Internet or its successor.

2. Except as otherwise provided in this section, the Board and its members and employees shall not place any information on the website maintained by the Board unless the Board, at a regular meeting, approves the placement of the information on the website.

3. The Board shall place on the website ~~[:]~~ , without having to approve the placement at a meeting:

(a) Each application form for the issuance or renewal of a license issued by the Board pursuant to this chapter . ~~[; and]~~

(b) A list of questions that are frequently asked concerning the processes of the Board and the answers to those questions.

(c) An alphabetical list, by last name, of each physician and a brief description of each disciplinary action, if any, taken against the physician, in this state and elsewhere, which relates to the practice of medicine and which is noted in the records of the Board. The Board shall include, as part of the list on the website, the name of each physician whose license has been revoked by the Board. The Board shall make the list on the website easily accessible and user friendly for the public.

(d) All financial reports received by the Board.

(e) All financial reports prepared by the Board.

(f) Any other information required to be placed on the website by any other provision of law.

Sec. 183. 1. NRS 622.010, 623A.295, 630.142, 634.165, 638.154, 639.091 and 656.295 are hereby repealed.

2. Sections 8, 8.3 and 8.7 of Assembly Bill No. 320 of this session are hereby repealed.

3. Section 4 of Senate Bill No. 281 of this session is hereby repealed.

Sec. 184. 1. This section becomes effective on passage and approval.

2. Sections 1 to 182, inclusive, of this act become effective upon passage and approval for the purpose of adopting regulations and on July 1, 2003, for all other purposes.

3. Section 183 of this act becomes effective on July 1, 2003.

4. Section 99 of this act expires by limitation on the date on which the provisions of 42 U.S.C., § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

(a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.

LEADLINES OF REPEALED SECTIONS OF NRS AND

TEXT OF REPEALED SECTIONS OF ENROLLED BILLS

622.010 “Occupational licensing board” defined.

623A.295 Confidentiality of proceedings.

630.142 Award of costs and attorney’s fees.

634.165 Confidentiality of proceedings.

638.154 Court may award costs and reasonable attorney’s fees incurred by Board.

639.091 Award of costs and attorney’s fees to Board.

656.295 Disciplinary proceedings: Costs; attorney’s fees.

Section 8 of Assembly Bill No. 320 of this session:

Sec. 8. NRS 686B.070 is hereby amended to read as follows:

~~[1.]~~ (a) Rates and proposed increases thereto;

~~[2.]~~ (b) Forms of policies to which the rates apply;

~~[3.]~~ (c) Supplementary rate information; and

~~[4.]~~ (d) Changes and amendments thereof,

made by it for use in this state.

2. If an insurer makes a filing for a proposed increase in a rate for insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient, the insurer shall not include in the filing any component that is directly or indirectly related to the following:

(b) Losses that are the result of any criminal or fraudulent activities of a director, officer or employee of the insurer.

If the Commissioner determines that a filing includes any such component, the Commissioner shall, pursuant to NRS 686B.110, disapprove the proposed increase, in whole or in part, to the extent that the proposed increase relies upon such a component.

Section 8.3 of Assembly Bill No. 320 of this session:

Sec. 8.3. NRS 686B.090 is hereby amended to read as follows:

686B.090 1. An insurer shall establish rates and supplementary rate information for any market segment based on the factors in NRS 686B.060. If an insurer has insufficient creditable loss experience, it may use rates and supplementary rate information prepared by a rate service organization, with modification for its own expense and loss experience.

2. An insurer may discharge its obligation under subsection 1 of NRS 686B.070 by giving notice to the Commissioner that it uses rates and supplementary rate information prepared by a designated rate service organization, with such information about modifications thereof as are necessary fully to inform the Commissioner. The insurer’s rates and supplementary rate information shall be deemed those filed from time to time by the rate service organization, including any amendments thereto as filed, subject ~~[, however,]~~ to the modifications filed by the insurer.

Section 8.7 of Assembly Bill No. 320 of this session:

Sec. 8.7. NRS 686B.110 is hereby amended to read as follows:

686B.110 1. The Commissioner shall consider each proposed increase or decrease in the rate of any kind or line of insurance or subdivision thereof filed with him pursuant to subsection 1 of NRS 686B.070. If the Commissioner finds that a proposed increase will result in a rate which is not in compliance with NRS 686B.050 ~~[,]~~ or subsection 2 of NRS 686B.070, he shall disapprove the proposal. The Commissioner shall approve or disapprove each proposal no later than 60 days after it is determined by him to be complete pursuant to subsection 4. If the Commissioner fails to approve or disapprove the proposal within that period, the proposal shall be deemed approved.

2. Whenever an insurer has no legally effective rates as a result of the Commissioner’s disapproval of rates or other act, the Commissioner shall on request specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by him. When new rates become legally effective, the Commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis must not be required.

(a) Within 30 days after the request for a hearing has been submitted to the Commissioner; or

(b) Within a period agreed upon by the insurer and the Commissioner.

4. The Commissioner shall by regulation specify the documents or any other information which must be included in a proposal to increase or decrease a rate submitted to him pursuant to subsection 1. Each such proposal shall be deemed complete upon its filing with the Commissioner, unless the Commissioner, within 15 business days after the proposal is filed with him, determines that the proposal is incomplete because the proposal does not comply with the regulations adopted by him pursuant to this subsection.

Section 4 of Senate Bill No. 281 of this session:

Sec. 4. NRS 633.611 is hereby amended to read as follows:

633.611 1. All proceedings ~~[subsequent to]~~ after the filing of a complaint are confidential, except to the extent necessary for the conduct of an examination, until the Board determines to proceed with disciplinary action. ~~[If]~~

2. Except as otherwise provided in subsection 3, if the Board dismisses the complaint, the proceedings remain confidential. If the Board proceeds with disciplinary action, confidentiality concerning the proceedings is no longer required.

3. The Board may disseminate any information or records relating to an investigation of a complaint which has been dismissed by the Board to any other licensing board, national association of registered boards, an agency of the Federal Government or of the State, the Attorney General or any law enforcement agency.”.

Amend the title of the bill by deleting the fourteenth through eighteenth lines and inserting: “malpractice insurance; requiring the Commissioner of”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senators Raggio, Care, Townsend and Carlton.

Amendment adopted.

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

UNFINISHED BUSINESS

Appointment of Conference Committees

Madam President appointed Senators Rhoads, O'Connell and Coffin as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 370.

Reports of Conference Committees

Madam President:

The first Conference Committee concerning Assembly Bill No. 30, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 18, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend sec. 9, page 8, line 37, by deleting “July” and inserting “January”.

Dennis Nolan	Mark Manendo
Barbara Cegavske	Pete Goicoechea
Bernice Mathews	Kelvin Atkinson
Senate Conference Committee	Assembly Conference Committee

Senator Nolan moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 30.

Motion carried by a constitutional majority.

Madam President:

The first Conference Committee concerning Assembly Bill No. 32, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 15, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend sec. 15, page 9, line 27, by deleting “704B.310,” and inserting:

“704B.310 or a request that is filed pursuant to section 7 of Senate Bill No. 125 of this session,”.

Amend sec. 15, page 9, line 43, after “3.” by inserting: “If an eligible customer to whom an order is issued pursuant to subsection 1 thereafter purchases energy, capacity or ancillary services from an alternative provider pursuant to section 7 of Senate Bill No. 125 of this session without obtaining the approval of the Commission, the order issued pursuant to subsection 1 continues to apply to the eligible customer.

4.”.

Amend the bill as a whole by deleting sec. 17 and adding new sections designated sections 17 through 19, following sec. 16, to read as follows:

“Sec. 17. Section 14 of Assembly Bill No. 431 of this session is hereby amended to read as follows:

Sec. 14. 1. The Solar Energy Systems Demonstration Program is hereby created.

2. The Demonstration Program shall have three categories of participants as follows:

(a) Schools;

(b) Other public buildings; and

3. A person is eligible to participate in the Demonstration Program if the person:

(a) To install a solar energy system, uses an installer who has been issued a classification C‑2 license with the appropriate subclassification by the State Contractors’ Board pursuant to the regulations adopted by the Board; and

(b) For a participant in the category of schools or a participant in the category of public buildings, provides for the public display of the solar energy system, including, without limitation, providing for public demonstrations of the solar energy system and for hands-on experience of the solar energy system by the public.

~~[4. In addition to the requirements of subsection 3, to be eligible to participate in the Demonstration Program, a person must be approved by the Public Utilities Commission of Nevada.~~

5. The Public Utilities Commission of Nevada shall adopt regulations providing for the qualifications an applicant must meet to qualify to participate in the Demonstration Program in the particular category of:

~~(a) Schools;~~

~~(b) Other public buildings; or~~

~~(c) Private residences or small businesses.]~~

Sec. 18. Section 19 of Assembly Bill No. 431 of this session is hereby amended to read as follows:

Sec. 19. 1. After the participant installs the solar energy system included in the Demonstration Program, the Public Utilities Commission of Nevada shall issue to the participant ~~[the following]~~ renewable energy credits for use within the system of renewable energy credits adopted by the Commission pursuant to NRS 704.7821 [:

~~(a) For a participant in the category of schools or a participant in the category of other public buildings, the participant is entitled to renewable energy credits]~~ equal to ~~[twice]~~ 2.4 times the actual or estimated kilowatt-hour production of the solar energy system . ~~[of the participant for a period of not less than 10 years.~~

(b) For a participant in the category for private residences and small businesses, the participant is entitled to renewable energy credits equal to the actual or estimated kilowatt-hour production of the solar energy system of the participant.]

2. The Commission shall designate the renewable energy credits issued to the participant pursuant to subsection 1 as renewable energy credits generated or acquired from solar renewable energy systems. The participant may transfer the renewable energy credits to a utility if the participant complies with the regulations adopted by the Commission to complete such a transfer.

3. The Commission shall adopt regulations to provide for the requirements and the procedures that a participant must follow to transfer renewable energy credits from the participant to a utility.

Sec. 19. 1. This act becomes effective on July 1, 2003.

2. Sections 17 and 18 of this act expire by limitation on June 30, 2007.”.

Amend the title of the bill, eighteenth line, after “circumstances;” by inserting: “revising provisions relating to the Solar Energy Systems Demonstration Program;”.

Warren B. Hardy	David Parks
Randolph J. Townsend	John Oceguera
Maggie Carlton	Lynn Hettrick
Senate Conference Committee	Assembly Conference Committee

Senator Hardy moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 32.

Motion carried by a two-thirds majority.

Madam President:

The first Conference Committee concerning Assembly Bill No. 155, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 16, which is attached to and hereby made a part of this report.

Conference Amendment.

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

“Sec. 1.5. Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:

An employer who fails to request information concerning the criminal history of a volunteer or prospective volunteer as authorized pursuant to subsection 4 of NRS 179A.100 is not liable to a child served by the employer for civil damages suffered by the child as a result of an offense listed in subsection 4 of NRS 179A.190 committed against the child by such a volunteer or prospective volunteer.”.

Amend sec. 4, page 7, by deleting lines 9 through 14 and inserting:

“4. ~~[The]~~ In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer ~~[, upon request, information relating to sexual offenses]~~ the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information ~~[.]~~ if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The Central Repository shall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information. Except as otherwise provided in this subsection, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom information is disseminated pursuant to this subsection.

5. Records of criminal history must be disseminated by an”.

Amend sec. 4, page 8, by deleting lines 5 and 6 and inserting:

“(m) Prospective employers if the person who is the subject of the”.

Amend sec. 4, page 8, line 23, by deleting “~~[6.]~~ 5.” and inserting “6.”.

Amend the bill as a whole by deleting sec. 9 and adding:

“Sec. 9. (Deleted by amendment.)”.

Amend sec. 10, page 11, by deleting lines 23 through 43 and inserting:

“(b) A conviction for a felony within the immediately preceding 7 years;

(c) An act committed outside this state that would constitute a sexual offense if committed in this state or a conviction for an act committed outside this state that would constitute a felony if committed in this state; and

(d) The aiding, abetting, attempting or conspiring to engage in any such act in this state or another state.”.

Amend sec. 11, page 12, by deleting line 2 and inserting:

“179A.200 1. ~~[An]~~ In addition to any other information which an employer is authorized to request pursuant to this chapter, an employer may request from the Central”.

Amend sec. 12, page 13, lines 26 and 29, by deleting: “~~[a sexual]~~ any such” and inserting “a sexual”.

Amend sec. 13, pages 15 and 16, by deleting lines 38 through 44 on page 15 and lines 1 and 2 on page 16.

Dennis Nolan	Bernie Anderson
Mike McGinness	John C. Carpenter
Valerie Wiener	Marcus Conklin
Senate Conference Committee	Assembly Conference Committee

Senator Nolan moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 155.

Motion carried by a two-thirds majority.

Madam President:

The first Conference Committee concerning Assembly Bill No. 355, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA14, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend sec. 3, page 2, line 23, by deleting 244.414,” and inserting: “244.414 or such other committee or advisory body as may be established by the county,”.

Amend sec. 4, page 3, by deleting lines 30 through 44 and inserting:

“(d) Must, if an owner of a commercial helicopter desires to receive the tax exemption for using the preferred airport or other preferred facility, as described in paragraph (a) of that subsection, require the owner to, on an annual basis:

(1) Reapply for the exemption; and

(2) Provide proof that the commercial helicopter is using the preferred airport or other preferred facility in accordance with the thresholds established pursuant to paragraph (c); and

(e) Must, if an owner of a commercial helicopter desires to receive the tax exemption for complying substantially with the technological modifications and other measures, as described in paragraph (b) of that subsection, require the owner to, on an annual basis:

(1) Reapply for the exemption; and

(2) Provide proof of substantial compliance with the technological modifications and other measures that are recommended pursuant to paragraph (b) of subsection 1 of section 3 of this act.”.

Bob Coffin	Chris Giunchigliani
Sandra Tiffany	Ellen Koivisto
Ann O'Connell	Valerie Weber
Senate Conference Committee	Assembly Conference Committee

Senator Coffin moved that the Senate adopt the report of the first Conference Committee concerning Assembly Bill No. 355.

Remarks by Senator Coffin.

Motion carried by a constitutional majority.

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Senate Bills Nos. 164, 263, 289, 324, 415; Senate Concurrent Resolution No. 40; Assembly Bills Nos. 7, 295, 313; Assembly Joint Resolution No. 11.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Linda Rawson.

On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Jane King, Don Lindsay, Claudia Lindsay and Toni Seifert.

Senator Raggio moved that the Senate adjourn until Saturday, May 31, 2003, at 10 a.m.

Motion carried.

Senate adjourned at 2:04 p.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest: Claire J. Clift

Secretary of the Senate