THE SEVENTY-EIGHTH DAY
Carson City April 21, 2003
Senate called to order at 10:47 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Brian Cuthill.
Heavenly Father, as the Senate begins another week of work on
behalf of the people of Nevada, we pray that this leadership team can move
forward with clarity and direction of behalf of our State. As You have
instructed us to pray for wisdom, we pray for wisdom, today, in all that is
considered before this body. We pray that decisions can be made that will
provide our citizens a sense of community and a place where they can become all
that God would want them to be. Father, may Your will be done here, today. We
pray in Your Name.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS
OF COMMITTEES
Madam
President:
Your
Committee on Commerce and Labor, to which were referred Senate Bills Nos. 27,
131, 139, 193, 319, 351, 371, 373, 425, 426, 428, 429, has had the same under
consideration, and begs leave to report the same back with the recommendation:
Amend, and do pass as amended.
Randolph J. Townsend, Chairman
Madam
President:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 19, 114, 147, 175, 447, 448, 453, 491, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Ann O'Connell, Chairman
Madam
President:
Your
Committee on Human Resources and Facilities, to which were referred Senate
Bills Nos. 156, 289, 332, 411, 457, 460, has had the same under consideration,
and begs leave to report the same back with the recommendation: Amend, and do
pass as amended.
Raymond D. Rawson, Chairman
Madam
President:
Your
Committee on Judiciary, to which was referred Senate Bill No. 264, has had the
same under consideration, and begs leave to report the same back with the
recommendation: Amend, and do pass as amended.
Mark E. Amodei, Chairman
Madam
President:
Your
Committee on Legislative Affairs and Operations, to which was referred Senate
Concurrent Resolution No. 26, 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
Madam
President:
Your
Committee on Natural Resources, to which were referred Senate Bills Nos. 76,
127, 336, 485; Senate Joint Resolutions Nos. 3, 4, 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 Natural Resources, to which was referred Senate Concurrent
Resolution No. 7, has had the same under consideration, and begs leave to
report the same back with the recommendation: Amend, and be adopted as amended.
Dean A. Rhoads, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, April 18, 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 Bills Nos. 3, 122, 156, 192, 234, 245, 256, 262,
274, 285, 323, 346, 378, 395, 445, 458, 507, 536.
Also,
I have the honor to inform your honorable body that the Assembly amended, and
on this day passed, as amended, Senate Bill No. 417, Amendment No. 483, and
respectfully requests your honorable body to concur in said amendment.
WAIVERS
AND EXEMPTIONS
Notice
of Exemption
April 21, 2003
The
Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has
determined the exemption of Senate Bill No. 106.
|
Gary
Ghiggeri |
|
Fiscal Analysis Division |
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that for this legislative day, the Secretary of the Senate dispense with reading the histories and titles of all bills and resolutions.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that for this legislative day, all bills reported out of committee be immediately placed on the appropriate reading files, time permitting.
Remarks by Senator Raggio.
Motion carried.
Senator Amodei moved that Senate Bill No. 106 be taken from the General File and re-referred to the Committee on Finance.
Remarks by Senator Amodei.
Motion carried.
Senator McGinness moved that Senate Bill No. 464 be taken from the General File and re-referred to the Committee on Finance.
Remarks by Senator McGinness.
Motion carried.
Senator Tiffany moved that Senate Bill No. 354 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Tiffany.
Motion carried.
Senator Townsend moved that Senate Bills Nos. 100, 132 be taken from the General File and re-referred to the Committee on Finance.
Remarks by Senator Townsend.
Motion carried.
Senator Washington moved that Senate Bill No. 292 be taken from the General File and re-referred to the Committee on Legislative Affairs and Operations.
Remarks by Senator Washington.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 3.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 122.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 156.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 192.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 234.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 245.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 256.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 262.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 274.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 285.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 323.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 346.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 378.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 395.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 445.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 458.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 507.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 536.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 250.
Bill read second time and ordered to third reading.
Senate Bill No. 320.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 275.
Amend the bill as a whole by deleting sections 1 through 7 and renumbering sections 8 through 12 as sections 1 through 5.
Amend sec. 8, page 6, lines 38 and 39, by deleting: “4th Edition, 3rd Printing,” and inserting “5th edition,”.
Amend sec. 8, page 6, by deleting line 45 and inserting “5th edition;”.
Amend sec. 8, page 7, line 3, by deleting “Impairment.” and inserting “Impairment; and”.
Amend sec. 8, page 7, between lines 3 and 4, by inserting:
“(c) Must not consider any factors other than the degree of physical impairment of the whole man in calculating the entitlement to compensation.”.
Amend sec. 8, page 7, line 6, by deleting: “4th Edition, 3rd Printing,” and inserting “5th edition,”.
Amend sec. 8, page 7, line 8, by deleting “and printing”.
Amend sec. 9, page 7, line 19, after “shall” by inserting “not”.
Amend sec. 9, page 7, by deleting lines 21
through 23 and inserting: “NRS, unless the [insurer can prove] physician or chiropractor proves by a
preponderance of the evidence that the subsequent injury described in paragraph (b) is [not a substantial contributing]
the major cause of the resulting
condition.”.
Amend sec. 9, page 7, line 30, after “shall” by inserting “not”.
Amend sec. 9, page 7, by deleting lines 32
through 34 and inserting: “NRS, unless the [insurer can prove] physician or chiropractor proves by a
preponderance of the evidence that the injury described in paragraph (a) is [not
a substantial contributing] the major
cause of the resulting”.
Amend sec. 11, page 8, line 26, by deleting “be dismissed” and inserting: “not be granted”.
Amend sec. 11, page 8, line 33, by deleting “A” and inserting: “If applicable, a”.
Amend sec. 11, page 8, line 43, after “must” by inserting: “include the information required pursuant to subsection 2 and must”.
Amend sec. 12, page 9, line 29, by deleting: “letter of determination” and inserting: “decision of the hearing officer”.
Amend the bill as a whole by deleting sections 13 through 18 and adding a new section designated sec. 6, following sec. 12, to read as follows:
“Sec. 6. 1. This section and sections 4 and 5 of this act become effective upon passage and approval.
2. Section
3 of this act becomes effective upon passage and approval for the purpose of
adopting regulations and on October 1, 2003, for all other purposes.
3. Sections 1 and 2 of this act become effective on January 1, 2004.”.
Amend the title of the bill to read as follows:
“AN ACT relating to industrial insurance; requiring the adoption of certain medical standards for evaluating permanent impairments to injured employees; revising various provisions relating to the payment of compensation to injured employees; revising certain procedures and establishing certain requirements relating to the adjudication of contested claims; and providing other matters properly relating thereto.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 387.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 278.
Amend the bill as a whole by deleting sections 1 through 5, renumbering sec. 5 as sec. 6 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
“Section 1. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:
The
Board shall post on a website or other Internet site that is operated or
administered by or on behalf of the Board:
1. A general description of the basic elements
of the Compliance Program Guidance for Pharmaceutical Manufacturers that is
published by the Office of Inspector General of the United States Department of
Health and Human Services, or links to websites or other Internet sites that
are operated or administered by or on behalf of the Office of Inspector General
where such information may be obtained;
2. A general description of the process for
reporting unlawful or unethical conduct by pharmaceutical manufacturers to the
Office of Inspector General, or links to websites or other Internet sites that
are operated or administered by or on behalf of the Office of Inspector General
where such information may be obtained; and
3. A current telephone number for the Office of Inspector General.
Sec. 2. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:
The
Board shall post on a website or other Internet site that is operated or
administered by or on behalf of the Board:
1. A general description of the basic elements
of the Compliance Program Guidance for Pharmaceutical Manufacturers that is
published by the Office of Inspector General of the United States Department of
Health and Human Services, or links to websites or other Internet sites that
are operated or administered by or on behalf of the Office of Inspector General
where such information may be obtained;
2. A general description of the process for
reporting unlawful or unethical conduct by pharmaceutical manufacturers to the
Office of Inspector General, or links to websites or other Internet sites that
are operated or administered by or on behalf of the Office of Inspector General
where such information may be obtained; and
3. A current telephone number for the Office of Inspector General.
Sec. 3. NRS 639.2583 is hereby amended to read as follows:
639.2583 [If]
1. Except as otherwise provided in this section,
if a practitioner has prescribed a drug by brand name and the practitioner has not indicated , by a method set forth in subsection 5, that
a substitution is prohibited, [a pharmacist:
1. Shall, in a case where he is being paid for the drug by a
governmental agency; and
2. May, in any other case, fill] the pharmacist who fills or refills the prescription [with] shall dispense, in substitution, another
drug which is available to him [,
is] if the other drug:
(a) Is
less expensive than the drug prescribed
[, is] by brand name;
(b) Is
biologically equivalent [, has]
to the drug prescribed by brand name;
(c) Has
the same active ingredient or ingredients of the same strength, quantity
and form of dosage as the drug prescribed
by brand name; and [is]
(d) Is
of the same generic type as the drug prescribed [. The pharmacist may also make such a substitution if the
prescription was written] by brand
name.
2. If the pharmacist has available to him more
than one drug that may be substituted for the drug prescribed by brand name,
the pharmacist shall dispense, in substitution, the least expensive of the
drugs that are available to him for substitution.
3. Before a pharmacist dispenses a drug in
substitution for a drug prescribed by brand name, the pharmacist shall:
(a) Advise
the person who presents the prescription that the pharmacist intends to
dispense a drug in substitution; and
(b) Advise
the person that he may refuse to accept the drug that the pharmacist intends to
dispense in substitution, unless the pharmacist is being paid for the drug by a
governmental agency.
4. If a person refuses to accept the drug that
the pharmacist intends to dispense in substitution, the pharmacist shall
dispense the drug prescribed by brand name, unless the pharmacist is being paid
for the drug by a governmental agency, in which case the pharmacist shall
dispense the drug in substitution.
5. A pharmacist shall not dispense a drug in
substitution for a drug prescribed by brand name if the practitioner has
indicated that a substitution is prohibited using one or more of the following
methods:
(a) By
oral communication to the pharmacist at any time before the drug is dispensed.
(b) By
handwriting the words “Dispense as Written” on the form used for the
prescription, including, without limitation, any form used for transmitting the
prescription from a facsimile machine to another facsimile machine. The
pharmacist shall disregard the words “Dispense as Written” if they have been
placed on the form used for the prescription by preprinting or other mechanical
process or by any method other than handwriting.
(c) By
including the words “Dispense as Written” in any prescription that is given to
the pharmacist by electronic transmission pursuant to the regulations of the
Board, including, without limitation, an electronic transmission from a
computer equipped with a facsimile modem to a facsimile machine or from a
computer to another computer pursuant to the regulations of the Board.
6. The provisions of this section also apply to
a prescription issued to a person by a practitioner from outside this state
[and indicates] if the
practitioner has not indicated, by a method set forth in subsection 5, that
a substitution [may be made.] is
prohibited.
7. The provisions of this section do not apply
to:
(a) A
prescription drug that is dispensed to any inpatient of a hospital by an
inpatient pharmacy which is associated with that hospital;
(b) A
prescription drug that is dispensed to any person by mail order or other common
carrier by an Internet pharmacy which is certified by the Board pursuant to NRS
639.23288 and authorized to provide service by mail order or other common
carrier pursuant to the provisions of this chapter; or
(c) A
prescription drug that is dispensed to any person by a pharmacist if the
substitution:
(1)
Would violate the terms of a health care plan that maintains a mandatory,
exclusive or closed formulary for its coverage for prescription drugs; or
(2)
Would otherwise make the transaction ineligible for reimbursement by a third
party.
Sec. 4. NRS 639.2589 is hereby amended to read as follows:
639.2589 1. The form used for any prescription which is
issued or intended to be filled in this state must contain a line for the
signature of the [prescriber, the printed words “dispense only as written”
and a box near that statement for the purpose of indicating that a substitution
may not be made.] practitioner.
2. Substitutions
may be made in filling prescriptions contained in the orders of a physician, or
of an advanced practitioner of nursing who is a practitioner, in a facility for
skilled nursing or facility for intermediate care. [Each page of the
document which contains the order must be printed with the words: “The
biological equivalent of drugs ordered may be dispensed unless initialed by the
prescriber here” and a box must be provided near that statement for the purpose
of indicating that a substitution may not be made.]
3. Substitutions
may be made in filling prescriptions ordered on a patient’s chart in a hospital
if the hospital’s medical staff has approved a formulary for specific generic
substitutions.
Sec. 5. NRS 639.259 is hereby amended to read as follows:
639.259 No employer of a pharmacist may require the pharmacist to dispense
any specific generic drug in substitution
for another drug if [:] the:
1. Substitution
is not permitted by the prescription as signed by a practitioner; [or]
2. Substitution
would be against the professional judgment of the pharmacist [.] ; or
3. Substitution would violate any provision of NRS 639.2583 to 639.2599, inclusive.”.
Amend the title of the bill to read as follows:
“AN ACT relating to drugs; requiring the Board of Medical Examiners and the State Board of Pharmacy to post on the Internet certain information relating to manufacturers of drugs; revising provisions relating to the substitution of generic drugs for drugs prescribed by brand name; and providing other matters properly relating thereto.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 139.
Bill read second time and ordered to third reading.
Assembly Bill No. 140.
Bill read second time and ordered to third reading.
Assembly Bill No. 145.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 80.
Bill read third time.
Roll call on Senate Bill No. 80:
Yeas—6.
Nays—Amodei, Care, Carlton, Coffin, Hardy, Mathews,
McGinness, Neal, Nolan, Raggio, Rawson, Rhoads, Shaffer, Washington, Wiener—15.
Senate Bill No. 80 having failed to receive a constitutional majority, Madam President declared it lost.
Senate Bill No. 125.
Bill read third time.
Roll call on Senate Bill No. 125:
Yeas—19.
Nays—Neal, Titus—2.
Senate Bill No. 125 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 133.
Bill read third time.
Roll call on Senate Bill No. 133:
Yeas—21.
Nays—None.
Senate Bill No. 133 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 136.
Bill read third time.
Roll call on Senate Bill No. 136:
Yeas—19.
Nays—Carlton, Neal—2.
Senate Bill No. 136 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 201.
Bill read third time.
Remarks by Senators Neal, Rhoads and Nolan.
Senator Nolan disclosed that he was recently appointed to the State Emergency Response Commission.
Roll call on Senate Bill No. 201:
Yeas—21.
Nays—None.
Senate Bill No. 201 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 237.
Bill read third time.
Remarks by Senators Titus, McGinness and Raggio.
Conflict of interest declared by Senator Raggio.
Roll call on Senate Bill No. 237:
Yeas—19.
Nays—Neal.
Not Voting—Raggio.
Senate Bill No. 237 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 256.
Bill read third time.
Roll call on Senate Bill No. 256:
Yeas—20.
Nays—Carlton.
Senate Bill No. 256 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 273.
Bill read third time.
Roll call on Senate Bill No. 273:
Yeas—19.
Nays—Care, Carlton—2.
Senate Bill No. 273 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 306.
Bill read third time.
Roll call on Senate Bill No. 306:
Yeas—18.
Nays—Cegavske, Neal, Tiffany—3.
Senate Bill No. 306 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 313.
Bill read third time.
Remarks by Senators Neal and Raggio.
Roll call on Senate Bill No. 313:
Yeas—20.
Nays—O'Connell.
Senate Bill No. 313 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 331.
Bill read third time.
Roll call on Senate Bill No. 331:
Yeas—21.
Nays—None.
Senate Bill No. 331 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 342.
Bill read third time.
Remarks by Senators Care, Hardy and Neal.
Roll call on Senate Bill No. 342:
Yeas—15.
Nays—Care, Coffin, Mathews, Neal, Titus, Wiener—6.
Senate Bill No. 342 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 356.
Bill read third time.
Roll call on Senate Bill No. 356:
Yeas—21.
Nays—None.
Senate Bill No. 356 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 359.
Bill read third time.
Roll call on Senate Bill No. 359:
Yeas—21.
Nays—None.
Senate Bill No. 359 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 400.
Bill read third time.
The following amendment was proposed by Senator Titus:
Amendment No. 522.
Amend the bill as a whole by renumbering section 1 as sec. 1.5 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. The Legislature hereby finds and declares that:
1. The continued regulation of incumbent local exchange carriers by the Public Utilities Commission of Nevada is necessary to ensure that:
(a) The residents of this state are provided with adequate and reliable basic telephone service at just and reasonable rates; and
(b) The incumbent local exchange carriers:
(1) Act in the best interest of the residents of this state;
(2) Fully comply with all obligations to competitive suppliers of telecommunication services regarding the provision of network interconnection, unbundled network elements and resold services under the provisions of the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161; and
(3) Do not otherwise act in a manner that is contrary to the public interest;
2. The provisions of this act are not intended to abrogate, limit or diminish the jurisdiction and power of the Public Utilities Commission of Nevada to regulate incumbent local exchange carriers to the fullest extent permitted by federal and state law;
3. The Public Utilities Commission of Nevada must closely monitor each action and transaction that an incumbent local exchange carrier undertakes pursuant to the provisions of this act and must carefully review each application, request, petition or notice filed by an incumbent local exchange carrier pursuant to the provisions of this act to protect the residents of this state and promote the viability of a competitive market in this state; and
4. The Public Utilities Commission of Nevada must interpret the provisions of this act to produce a result that provides the greatest protection and benefits to the residents of this state and the public interest.”.
Senator Titus moved the adoption of the amendment.
Remarks by Senators Titus and Townsend.
Motion lost.
Remarks by Senators Care, Townsend, Neal and Titus.
Senator Neal requested that Senator Townsend's remarks be entered in the Journal.
Senator Townsend:
Thank you, Madam President. The Senator from southern Nevada is right
in his reading, but his interpretation needs to be clarified. As he accurately
stated, on page 2, the provisions of this subsection do not prohibit the
Commission from considering any revenue, cost or expenses that a public utility
derives from providing a broadband service. If the Commission is determining
the rates of the public utility for a general rate application, the issue there
is a simple one. In order for a local exchange carrier to raise a residential
rate or change a lifeline rate, as current tariff under the Public Utility
Commission, they would have to file a general rate case. At that point, the
Public Utility Commission could consider all those revenues and expenses. The
protection remains for residential customers, the base-rate customers and the
lifeline customers. If someone asks for the increase, the Public Utility
Commission may look at all those revenues. If they do not ask for a rate
increase then they are not going to look at them. It protects the basic
customer. It also gives the opportunity to the local exchange carrier to bundle
and provide services to our residential customers. People are starting to
demand more by working and trying to keep track of the world from home. This
gives them an opportunity to do that, but still protects that base rate under
the Public Utility Commission.
Conflict of interest declared by Senator Raggio.
Roll call on Senate Bill No. 400:
Yeas—20.
Nays—None.
Not Voting—Raggio.
Senate Bill No. 400 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 408.
Bill read third time.
Roll call on Senate Bill No. 408:
Yeas—21.
Nays—None.
Senate Bill No. 408 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 424.
Bill read third time.
Roll call on Senate Bill No. 424:
Yeas—21.
Nays—None.
Senate Bill No. 424 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 432.
Bill read third time.
Remarks by Senators Neal, Amodei and Carlton.
Roll call on Senate Bill No. 432:
Yeas—21.
Nays—None.
Senate Bill No. 432 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 434.
Bill read third time.
Remarks by Senators Neal and Amodei.
Roll call on Senate Bill No. 434:
Yeas—21.
Nays—None.
Senate Bill No. 434 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 436.
Bill read third time.
Roll call on Senate Bill No. 436:
Yeas—21.
Nays—None.
Senate Bill No. 436 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 444.
Bill read third time.
Remarks by Senators Neal and O'Connell.
Roll call on Senate Bill No. 444:
Yeas—21.
Nays—None.
Senate Bill No. 444 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 445.
Bill read third time.
Roll call on Senate Bill No. 445:
Yeas—21.
Nays—None.
Senate Bill No. 445 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 446.
Bill read third time.
Roll call on Senate Bill No. 446:
Yeas—20.
Nays—Neal.
Senate Bill No. 446 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 451.
Bill read third time.
Roll call on Senate Bill No. 451:
Yeas—21.
Nays—None.
Senate Bill No. 451 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 452.
Bill read third time.
Remarks by Senators Neal and Hardy.
Roll call on Senate Bill No. 452:
Yeas—20.
Nays—Neal.
Senate Bill No. 452 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 471.
Bill read third time.
Remarks by Senator McGinness.
Roll call on Senate Bill No. 471:
Yeas—21.
Nays—None.
Senate Bill No. 471 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 486.
Bill read third time.
Roll call on Senate Bill No. 486:
Yeas—21.
Nays—None.
Senate Bill No. 486 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 487.
Bill read third time.
Remarks by Senators Hardy, Care, Titus, Townsend, Coffin, Nolan and Amodei.
Senator Amodei disclosed that he had formerly been affiliated with a law firm who had done legal work on this matter.
Senator Hardy requested that his remarks be entered in the Journal.
Thank you, Madam President. It is with some regret
that I must stand to oppose this legislation. It is with regret because I have
a great deal of respect for those who brought this bill forward; however, there
was a comment made in the committee hearing where one of the proponents of the
bill said this bill simply clarifies existing law.
Madam
President, I feel this body needs to know that this bill does substantially
more than clarify existing law.
This
legislation makes two significant changes to the way water law is executed in
this State. In section 2 of the bill, it states, “in agreements of this kind,
future county commissions can be bound by the actions of the current county
commission.” That is change number one to a long-standing policy of this State.
Secondly, and more importantly, this bill changes the doctrine of prior
appropriation that we have always used to appropriate water. Two years after
Nevada became a state, in 1866, the courts adopted the law of prior
appropriation. The law of prior appropriation is the predominant water law used
in the western United States. The doctrine of prior appropriation states
clearly that the water resources of the State of Nevada belong to the people of
the State of Nevada. They must show beneficial use before they have the right
to use the water. No one in this State owns water. Individuals in this State
own water rights or the right to use water, but no one in this State owns
water. It has long been the position of the State Engineer and this Legislature
that using water as an instrument of commerce for purposes of making a profit
has not been the policy of this State. Senate Bill No. 487 changes that. In
section 1, a board of county commissioners in a county with a population
of less than 400,000 can enter into an agreement to pay for the acquisition of
water resources and to coordinate planning, development and distribution of
water resources. Under this bill, they can enter into an agreement with a
private sector company. Section 1, subsection 2, paragraph (b) states, this
partnership can split the proceeds or the profit. This makes our most important
natural resource an instrument of commerce.
This
body needs to know this legislation was brought forward because of the Attorney
General’s opinion that said the agreement in question was not legal for two
reasons. One, it binds future commissioners, and two, the agreement does not
satisfy a public purpose.
Let
me reference the Attorney General’s opinion. It states: The agreements entered
into between the parties have as their primary purpose the development and
purveying of water resources for profit.
The
State Engineer referenced a number of occasions where the State Engineer had
ruled against filings from the private sector water holders because their
purpose was speculative. In the document, three or four such cases are
referenced where it rejected applications because their purposes were
speculative. However, it references this agreement as being different. The
State Engineer finds that by joining with the company in question it avoids the
appearance of speculation. The State Engineer makes very clear that had they
not entered into an agreement with Lincoln County, he would have rejected these
rights as speculative. This bill allows the private sector to get around
long-standing, 150-year-old Nevada law. We were told a number of times in
committee that the intent of this was to help a particular county, Lincoln
County, to develop their water resources. Yet, when I proposed an amendment in
committee that would specify this could only be done in Lincoln County for a
profit, the proponents adamantly opposed that. When I proposed an amendment
that said that they would be subject to the open meeting law and that all the
documents relating to the project would be public documents, the proponents
adamantly opposed it.
I
have a great deal of respect for the proponents. I have learned much about this
body, and I have learned much about my colleagues. What I have learned has been
encouraging. This body and my colleagues want to do something for Lincoln
County. I, also, wish to do something for Lincoln County but not something that
will make our most precious natural resource an instrument of commerce.
I am
frightened by discussions I have had with some of the proponents who have told
me they will not sell water to the Virgin Valley Water District because they
are opposed to this legislation. I was told that any water they did sell would
be at an increased price. What concerns me is that if this legislation passes,
those individuals will have the power to make good on their threat.
Madam President, I want to do something for Lincoln County, but
the water of this State under the 150-year-old precedent belongs to the people
of this State. Before we make it an instrument of commerce and change that
long-standing policy, I would ask this body to think very seriously about this.
Senator Titus requested that her remarks be entered in the Journal.
Thank you, Madam President. My concern about this
bill is that the water might be sold outside the State. I was assured that
would not happen, but I am still concerned about it. I wish the record to show
that a commitment was made that an amendment would be placed in the bill when
it goes to the Assembly. Then, this water may be sold but not outside the
State.
Senators Townsend, Raggio and O'Connell moved the previous question.
Motion carried.
The question being on the passage of Senate Bill No. 487.
Roll call on Senate Bill No. 487:
Yeas—15.
Nays—Carlton, Coffin, Hardy, Neal, Schneider, Wiener—6.
Senate Bill No. 487 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Joint Resolution No. 1.
Resolution read third time.
Roll call on Senate Joint Resolution No. 1:
Yeas—21.
Nays—None.
Senate Joint Resolution No. 1 having received a constitutional majority, Madam President declared it passed, as amended.
Resolution ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Assembly Bills Nos. 6, 19, 42, 58, 111, 177, 201, 302, 306 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.
In compliance with a notice given on the previous day, Senator Tiffany moved that the vote whereby Senate Bill No. 53 was passed be reconsidered.
Remarks by Senator Tiffany.
Motion carried.
GENERAL FILE AND THIRD
READING
Senate Bill No. 53.
Bill read third time.
Roll call on Senate Bill No. 53:
Yeas—12.
Nays—Care, Carlton, Cegavske, Nolan, O'Connell, Rawson,
Tiffany, Titus, Wiener—9.
Senate Bill No. 53 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Unfinished
Business
Recede From Senate Amendments
Senator Amodei moved that the Senate recede from its action on Assembly Bill No. 53.
Remarks by Senator Amodei.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Nolan moved that Senate Bill No. 483 be taken from the Secretary’s desk and placed on the Second Reading File on the third agenda.
Remarks by Senator Nolan.
Motion carried.
REPORTS
OF COMMITTEES
Madam
President:
Your
Committee on Commerce and Labor, to which was referred Senate Bill No. 122, has
had the same under consideration, and begs leave to report the same back with
the recommendation: Amend, and do pass as amended.
Randolph J. Townsend, Chairman
Madam
President:
Your
Committee on Legislative Affairs and Operations, to which was referred Senate
Bill No. 362, has had the same under consideration, and begs leave to
report the same back with the recommendation: Amend, and do pass as amended.
Maurice E. Washington, Chairman
Madam
President:
Your
Committee on Taxation, to which were referred Senate Bills Nos. 370, 440, 473,
489, 490, has had the same under consideration, and begs leave to report the
same back with the recommendation: Amend, and do pass as amended.
Mike McGinness, Chairman
SECOND READING AND AMENDMENT
Senate Bill No. 19.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 92.
Amend sec. 3, page 2, by deleting lines 17
through 24 and inserting: “local
government determines that:
(a) The
quality of the services, materials, equipment or labor offered does not conform
to the approved plan or specifications;
(b) The
bidder is not responsive or responsible; or
(c) The public interest would be served by such a rejection.”.
Amend sec. 3, page 2, line 27, after “project” by inserting “over $25,000”.
Amend sec. 3, page 2, by deleting lines 38 through 44 and inserting:
“5. The provisions of this section do not relieve
this state from the duty to award the contract for the public work to a bidder
who is:
(a) Qualified
pursuant to the applicable provisions of NRS 338.1375 to 338.1383, inclusive;
and
(b) The lowest responsive and responsible bidder, if bids are required to be solicited from more than one”.
Amend sec. 4, page 3, by deleting lines 1 through 6 and inserting:
“Sec. 4. 1. If the State or a local government proposes to perform a public works project itself in accordance with subsection 2 of section 2 of this act, the public officer responsible for the management of the public works projects of the State or the local government, as applicable, must, if the estimated cost of the public work is more than $25,000 but not more than $100,000 and before work on the project is commenced, prepare a signed”.
Amend sec. 6, page 3, by deleting lines 37
through 44 and inserting: “government
determines that:
(a) The
quality of the services, materials, equipment or labor offered does not conform
to the approved plan or specifications;
(b) The
bidder is not responsive or responsible; or
(c) The public interest would be served by such a rejection.”.
Amend sec. 6, page 4, line 2, after “project” by inserting “over $25,000”.
Amend sec. 6, page 4, by deleting lines 16 and 17 and inserting: “work to a bidder who is the lowest responsive and responsible bidder, if bids are required to be solicited from more than”.
Amend sec. 7, page 4, by deleting lines 20 through 24 and inserting:
“Sec. 7. 1. If a local government proposes to perform a public works project itself in accordance with subsection 2 of section 5 of this act, the public officer responsible for the management of the public works projects of the local government must, if the estimated cost of the public work is more than $25,000 but not more than $100,000 and before work on the project is commenced, prepare a”.
Amend sec. 7, page 4, line 37, by deleting: “applicable public body.” and inserting “local government.”.
Amend sec. 8, page 5, line 31, by deleting:
“paragraph (b) of subsection 1” and inserting: “[paragraph (b) of subsection
1] subsection 2”.
Amend sec. 8, page 6, line 7, after “subdivision.” by inserting: “The term includes a person who has been designated by a local government to serve as the authorized representative of the local government in developing and awarding contracts for public works projects on behalf of the local government.”.
Amend sec. 9, page 7, by deleting lines 30 through 41 and inserting:
“338.1373 [1.] A
local government shall award a contract for the construction, alteration or
repair of a public work pursuant to the provisions of:
[(a)] 1. NRS 338.1377 to 338.139, inclusive [; or
(b)] , and sections 2, 3 and 4 of this act; or
2. NRS 338.143 to 338.148, inclusive [.
2. The provisions of NRS 338.1375 to 338.1383, inclusive, and 338.139
do not apply with respect to contracts for the construction, reconstruction,
improvement and maintenance of highways that are awarded by the Department of Transportation
pursuant to NRS 408.313 to 408.433, inclusive.] , and sections 5, 6 and 7 of this act.”.
Amend sec. 10, page 8, line 1, by deleting:
“paragraph (a) of” and inserting: “[paragraph (a) of]”.
Amend sec. 10, page 9, line 29, by deleting:
“NRS 408.323 or 408.327;” and inserting: “NRS 408.323 ; [or 408.327;]”.
Amend sec. 11, page 9, line 43, by deleting:
“paragraph (a) of” and inserting: “[paragraph (a) of]”.
Amend sec. 11, page 11, by deleting lines 30
and 31 and inserting: “maintenance of highways subject to NRS 408.323 ; [or 408.327;]
(c) Normal maintenance of the property of a
school district; [or]”.
Amend sec. 13, page 15, line 19, by
deleting: “paragraph (b) of subsection 1” and inserting: “[paragraph
(b) of subsection 1] subsection 2”.
Amend sec. 13, page 16, line 37, by
deleting: “NRS 408.323 or 408.327;” and inserting: “NRS 408.323 ; [or 408.327;]”.
Amend sec. 14, page 17, lines 7 and 8, by
deleting: “paragraph (b) of subsection 1” and inserting: “[paragraph (b) of
subsection 1] subsection 2”.
Amend sec. 14, page 18, line 29, by
deleting: “NRS 408.323 or 408.327;” and inserting: “NRS 408.323 ; [or 408.327;]”.
Amend the bill as a whole by renumbering sections 16 and 17 as sections 18 and 19 and adding new sections designated sections 16 and 17, following sec. 15, to read as follows:
“Sec. 16. NRS 338.1715 is hereby amended to read as follows:
338.1715 1. A public body that is required to contract with a prime contractor pursuant to subsection 1 of NRS 338.1711 or elects to contract with a prime contractor pursuant to subsection 4 of NRS 338.1711 shall select the prime contractor in accordance with the procedures for bidding that are set forth in:
(a) The provisions of NRS 338.1375 to 338.139, inclusive; or
(b) NRS 338.143 to 338.148, inclusive, if
the public body is a local government that elects to award a contract for a
public work in accordance with [paragraph (b) of subsection 1] subsection 2 of NRS 338.1373.
2. A public body that contracts with a design-build team pursuant to NRS 338.1711 and 338.1713 shall select the design-build team in accordance with NRS 338.1721 to 338.1727, inclusive.
Sec. 17. NRS 338.1721 is hereby amended to read as follows:
338.1721 To qualify to participate in a project for the design and construction of a public work, a design-build team must:
1. Obtain a performance bond and payment bond as required pursuant to NRS 339.025;
2. Obtain insurance covering general liability and liability for errors and omissions;
3. Not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause;
4. Not
have been disqualified from being awarded a contract pursuant to NRS 338.017,
338.1387 [, 338.145 or 408.333;] or
338.145; and
5. Ensure that the members of the design-build team possess the licenses and certificates required to carry out the functions of their respective professions within this state.”.
Amend sec. 16, page 22, by deleting lines 14 through 20 and inserting:
“341.148 [1. Except as otherwise
provided in subsection 2, the] The Board
shall advertise in a newspaper of general circulation in the State of Nevada
for separate sealed bids for each construction project [.] whose estimated cost is more than $100,000. Approved
plans and specifications for the construction must be on file at a place and
time stated in the advertisement for the inspection of all persons desiring to
bid thereon and for other interested persons. The Board may accept bids on
either the whole”.
Amend the bill as a whole by renumbering sec. 18 as sec. 27 and adding new sections designated sections 20 through 26, following sec. 17, to read as follows:
“Sec. 20. NRS 408.205 is hereby amended to read as follows:
408.205 1. With the approval of
the Board, the Director may execute all plans, specifications, contracts and
instruments in the name of the State of Nevada necessary for the carrying out
of the provisions of this chapter . [,
except those construction contracts as provided in NRS 408.327 and 408.347.]
2. The Director has such other power and authority as is necessary and proper under the provisions of this chapter, or as the Board delegates to him.
3. The Director shall provide for the purchase of United States Savings Bonds or similar United States obligations by salary or wage deductions for officers and employees of the Department who make written requests for such deductions and purchases. To allow all Department officers and employees the opportunity of requesting salary or wage deductions for the purchase of United States obligations, the Director shall provide forms authorizing the deductions and purchases and shall make them readily available to all Department officers and employees.
Sec. 21. NRS 408.215 is hereby amended to read as follows:
408.215 1. The Director has charge
of all the records of the Department, keeping records of all proceedings
pertaining to the Department and keeping on file information, plans,
specifications, estimates, statistics and records prepared by the Department,
except [those financial statements described in NRS 408.333 and] the
financial or proprietary information described in paragraph (d) of subsection 5
of NRS [408.3886,] 338.1727, which
must not become matters of public record.
2. The Director may photograph, microphotograph or film or dispose of the records of the Department referred to in subsection 1 as provided in NRS 239.051, 239.080 and 239.085.
3. The Director shall maintain an index or record of deeds or other references of title or interests in and to all lands or interests in land owned or acquired by the Department.
4. The Director shall adopt such regulations as may be necessary to carry out and enforce the provisions of this chapter.
Sec. 22. NRS 408.225 is hereby amended to read as follows:
408.225 [Except as otherwise provided in NRS 408.323, the] The Director, with the approval of the
Board, may rent, lease, purchase and contract for all equipment, materials,
supplies, vehicles, road machinery, tools, implements and technical services
required for the purpose of this chapter. Such equipment, supplies and services
must be managed and used under the control of the Director.
Sec. 23. NRS 408.317 is hereby amended to read as follows:
408.317 1. Except as otherwise
provided in NRS [408.3875 to 408.3887,] 338.1711 to 338.1727, inclusive, all work of construction,
reconstruction, improvement and maintenance of highways as provided under the
provisions of this chapter is under the supervision and direction of the Director
and must be performed in accordance with the plans, specifications and
contracts prepared by him.
2. All maintenance and repair of highways when performed by the Department must be paid out of the State Highway Fund.
Sec. 24. NRS 408.323 is hereby amended to read as follows:
408.323 [1. Whenever it can be
justified by the Director that limited work or improvements can be done in a
more economical or other satisfactory manner than by contract under NRS
408.327, the Director may, with the approval of the Board, execute such work or
improvements with Department facilities and employees.
2.] In the event of disaster or great
emergency the Director may, with the approval of the Board, hire, employ or
contract for such labor, materials and equipment as are in his opinion
necessary to reroute, repair or replace any highway threatened or damaged by
the emergency or disaster . [, and
the provisions of NRS 408.327 and 408.367 do not apply.]
Sec. 25. NRS 625.530 is hereby amended to read as follows:
625.530 Except as otherwise provided in NRS 338.1711 to 338.1727,
inclusive : [, and 408.3875 to
408.3887, inclusive:]
1. The State of Nevada or any of its political subdivisions, including a county, city or town, shall not engage in any public work requiring the practice of professional engineering or land surveying, unless the maps, plans, specifications, reports and estimates have been prepared by, and the work executed under the supervision of, a professional engineer, professional land surveyor or registered architect.
2. The provisions of this section do not:
(a) Apply to any public work wherein the expenditure for the complete project of which the work is a part does not exceed $35,000.
(b) Include any maintenance work undertaken by the State of Nevada or its political subdivisions.
(c) Authorize a professional engineer, registered architect or professional land surveyor to practice in violation of any of the provisions of chapter 623 of NRS or this chapter.
(d) Require the services of an architect registered pursuant to the provisions of chapter 623 of NRS for the erection of buildings or structures manufactured in an industrial plant, if those buildings or structures meet the requirements of local building codes of the jurisdiction in which they are being erected.
3. The selection of a professional engineer, professional land surveyor or registered architect to perform services pursuant to subsection 1 must be made on the basis of the competence and qualifications of the engineer, land surveyor or architect for the type of services to be performed and not on the basis of competitive fees. If, after selection of the engineer, land surveyor or architect, an agreement upon a fair and reasonable fee cannot be reached with him, the public agency may terminate negotiations and select another engineer, land surveyor or architect.
Sec. 26. NRS 408.327, 408.333, 408.337, 408.343, 408.347, 408.357, 408.367, 408.3875, 408.3876, 408.3877, 408.3878, 408.3879, 408.388, 408.3881, 408.3882, 408.3883, 408.3884, 408.3885, 408.3886 and 408.3887 are hereby repealed.”.
Amend sec. 18, page 23, line 16, by deleting: “13, 15, 16 and 17” and inserting: “13 and 15 to 26, inclusive,”.
Amend sec. 18, page 23, line 19, by deleting: “at 12:01 a.m.”.
Amend the bill as a whole by adding the leadlines of repealed sections, following sec. 18, to read as follows:
408.327
Advertisement for bids; publication.
408.333
Bids and bidders: Experience and
financial ability; hearing upon disqualification; appeal of decision.
408.337
Bids and bidders: Security; forfeiture;
refunds.
408.343
Bids and bidders: Procedure for award
of contract.
408.347
Execution of contract in name of state;
copies filed with department and county commissioners.
408.357
Bids and bidders: Bonds required of
successful bidders; exception; conditions; sureties.
408.367
Project not exceeding $250,000:
Informal bids; advertisement; mailing of invitation to bid; contract; bonds;
exception.
408.3875
Definitions.
408.3876
“Design-build contract” defined.
408.3877
“Design-build team” defined.
408.3878
“Prime contractor” defined.
408.3879
“Project” defined.
408.388
Projects for which department may
contract with design-build team.
408.3881
Public meeting; notice.
408.3882
Procedure for selecting design-build
team.
408.3883
Preliminary proposals: Advertisement by
department; publication; information available for inspection by design-build
teams.
408.3884
Qualifications of design-build team.
408.3885
Procedure for selecting finalists from
among design-build teams that submitted preliminary proposals.
408.3886
Request for final proposals; submission
of final proposals; selection or rejection of final proposals; awarding
contract; duties of design‑build team.
408.3887 Employment of architect or engineer as consultant during construction.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public works; providing for an expedited process by which the State or a local government solicits bids and awards contracts for certain smaller public works projects to properly licensed contractors or completes such projects itself; providing that such an expedited process does not relieve the State or a local government from certain duties; requiring the Department of Transportation to follow the same provisions relating to contracting and design-build projects which other state agencies are required to follow; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
Senator Hardy moved the adoption of the amendment.
Remarks by Senator Hardy.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 27.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 105.
Amend sec. 2, page 1, line 5, by deleting: “3 to 12,” and inserting: “2.5 to 12.3,”.
Amend the bill as a whole by adding a new section designated sec. 2.5, following sec. 2, to read as follows:
“Sec.
2.5. “Assessment” includes taking the medical history of a patient, visually
inspecting the injured portion of the body and the associated structures,
palpating the bony landmarks and soft tissue and applying special tests to
systematically assess the pathology and extent of the injury or condition.”.
Amend sec. 3, pages 1 and 2, by deleting line 10 on page 1 and line 1 on page 2, and inserting:
“(a) An
intercollegiate athletic association or interscholastic athletic association;
or
(b) A professional athletic organization; or”.
Amend sec. 4, page 2, by deleting lines 12 and 13 and inserting:
“(a) An
intercollegiate athletic association or interscholastic athletic association;
or
(b) A professional athletic organization; or”.
Amend sec. 6, page 2, line 22, by deleting “licensed”.
Amend the bill as a whole by adding new sections designated sections 6.3 through 6.7, following sec. 6, to read as follows:
“Sec. 6.3. “Disposition” means the application of accepted management techniques to provide the appropriate care and resources concerning an athletic injury.
Sec.
6.5. “Evaluation” includes, without limitation, the use of joint range of
motion, manual muscle tests, ligamentous stress tests, neurological tests and
functional capacity assessments.
Sec. 6.7. “Grade 5 joint mobilization” means the movement of a joint beyond its physiological and capsular end point.”.
Amend the bill as a whole by adding a new section designated sec. 7.5, following sec. 7, to read as follows:
“Sec.
7.5. “Joint mobilization” means a learned, skilled, passive movement of
articulating surfaces of a person to relieve pain and restore functional
movement of the articulating surfaces without pain to the person. The term does
not include:
1. The diagnosis of a physical disability;
2. The massaging of the superficial soft tissues
of the body;
3. The use of X rays or radium;
4. The use of electricity for cauterization or
surgery;
5. Chiropractic
adjustment as defined in NRS 634.014; or
6. Grade 5 joint mobilization.”.
Amend the bill as a whole by adding new sections designated sections 9.2 through 9.8, following sec. 9, to read as follows:
“Sec. 9.2. “Management” means the act
of controlling or influencing an injury, illness or condition.
Sec.
9.4. “Passive joint range of motion” means any movement of an articulating
surface of a person without the active assistance of that person, which is
performed with equipment or by another person.
Sec.
9.6. “Passive range of motion” means any movement of a part of a person
without the active assistance of that person, which is performed with equipment
or by another person.
Sec.
9.8. “Physician” means:
1. A physician licensed pursuant to chapter 630
of NRS;
2. An osteopathic physician licensed pursuant to
chapter 630A of NRS;
3. A homeopathic physician licensed pursuant to
chapter 633 of NRS;
4. A chiropractic physician licensed pursuant to
chapter 634 of NRS; or
5. A podiatric physician licensed pursuant to chapter 635 of NRS.”.
Amend sec. 10, page 2, by deleting lines 38 and 39 and inserting:
“(a) The prevention, recognition, assessment, management, treatment, disposition or”.
Amend sec. 10, page 2, line 43, by deleting “licensed”.
Amend the bill as a whole by adding new
sections designated sections 10.3 through 10.7, following sec. 10, to read as
follows:
“Sec.
10.3. “Prevention” means the application and implementation of physical
conditioning programs, pre-participation screening and the monitoring of risk
factors that may cause an athletic injury.
Sec.
10.5. “Recognition” means the application of visual, verbal or tactile skills
to acknowledge the presence of an injury, illness or other condition with an
understanding of the predisposing factors of injury and pathomechanics, which
assists in the assessment of the injury, illness or other condition.
Sec. 10.7. “Reconditioning” means the application of practical and didactic knowledge and functional criteria to evaluate readiness for return to partial or full activities.”.
Amend the bill as a whole by adding a new section designated sec. 12.3, following sec. 12, to read as follows:
“Sec. 12.3. “Treatment” means the application of the necessary knowledge and skills to assess an injury, illness or other condition and provide appropriate care.”.
Amend sec. 16, page 3, line 44, by deleting “Four” and inserting “Three”.
Amend sec. 16, page 4, by deleting lines 6 and 7 and inserting:
“(b) One
member who is licensed as a physical therapist pursuant to chapter 640 of NRS
and who is also licensed as an athletic trainer pursuant to this chapter; and
(c) One member who is a representative of the public.”.
Amend sec. 17, page 4, line 24, by deleting “The” and inserting:
“1. For the appointment of any member to the Board pursuant to paragraph (a) of subsection 2 of section 16 of this act, the”.
Amend sec. 17, page 4, by deleting lines 29 and 30, and inserting: “who are qualified for membership on the Board for each such position. The Governor shall”.
Amend sec. 17, page 4, by deleting lines 32
and 33, and inserting: “new list.
2. For the appointment of a member to the Board
pursuant to paragraph (b) of subsection 2 of section 16 of this act, the
Nevada Physical Therapists Association, or its successor organization, and the
Nevada Athletic Trainers Association, or its successor organization, shall, at
least 30 days before the beginning of a term of a member of the Board, or
within 30 days after a position on the Board becomes vacant, jointly prepare
and submit to the Governor a list of the names of not less than three persons
or more than five persons who are qualified for membership on the Board
for that position. The Governor shall appoint a new member or fill a vacancy
from the list, or request a new list.
3. If the Nevada Athletic Trainers Association
or the Nevada Physical Therapists Association, or the successor of any such
organization, fails to submit nominations for a position”.
Amend sec. 20, page 5, line 21, after “2.” by inserting: “Appropriate criteria for determining whether an entity is an
intercollegiate athletic association, interscholastic athletic association,
professional athletic organization or amateur athletic organization;
3.”.
Amend sec. 20, page 5, line 22, by deleting “3.” and inserting “4.”.
Amend the bill as a whole by adding a new section designated sec. 31.5, following sec. 31, to read as follows:
“Sec.
31.5. 1. A person who is licensed as
an athletic trainer shall not conduct an evaluation of an athletic injury or
perform joint mobilization unless the person has earned at least a master’s
degree in athletic training or a comparable area of study, as determined by the
Board.
2. A person who is licensed as an athletic trainer and has not earned a master’s degree in athletic training or a comparable area of study, as determined by the Board, may perform passive range of motion or passive joint range of motion.”.
Amend the bill as a whole by deleting sec. 33 and adding a new section designated sec. 33, following sec. 32, to read as follows:
“Sec.
33. The Board shall, by regulation, prescribe the following fees which must
not exceed:
Application for a license $250
Examination for a license 350
Application for a license without
examination 350
Annual renewal of a license 350
Restoration of an expired license 350
Issuance of a duplicate license 50”.
Amend the bill as a whole by deleting sec. 55 and adding a new section designated sec. 55, following sec. 54, to read as follows:
“Sec. 55. 1. On or before January 1, 2004, the Board of Athletic Trainers shall:
(a) Identify the personal trainers and other fitness instructors in this state and establish a registry of the names and addresses of those personal trainers and other fitness instructors to provide notice of the time and place of the public hearings held by the Board pursuant to this section; and
(b) Hold not less than five public hearings for the purpose of establishing recommendations concerning the regulation of personal trainers and other fitness instructors in this state.
2. On or before January 15, 2005, the Board shall submit a report of its findings and recommendations concerning the regulation of personal trainers and other fitness instructors in this state to the 73rd Session of the Nevada Legislature. The recommendations may include, without limitation, appropriate:
(a) Educational qualifications and experience requirements for licensure;
(b) Fees for the issuance and renewal of licenses;
(c) Requirements for continuing education; and
(d) Grounds for disciplinary action.”.
Amend the title of the bill by deleting lines 7 through 9 and inserting:
“requiring the Board to hold hearings and make recommendations to the Legislature concerning the regulation of personal trainers and other fitness instructors; and providing other”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for regulation of athletic trainers. (BDR 54‑5)”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 76.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 397.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 6 and 7 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
“Section 1. Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The State Engineer shall not issue a permit
to appropriate water for the purpose of watering livestock unless:
(a)
The applicant for the permit, or if the application for the permit is made by
two or more applicants at least one of the applicants for the permit, is
legally entitled to place the livestock on the lands for which the permit is
sought, and:
(1)
Owns, leases or otherwise possesses a legal or proprietary interest in the
livestock on or to be placed on the lands for which the permit is sought; or
(2)
Has received from a person described in subparagraph (1), authorization to have
physical custody of the livestock on or to be placed on the lands for which the
permit is sought, and authorization to care for, control and maintain such
livestock;
(b) If
the application for the permit is made by two or more applicants, each
applicant for the permit, to the extent authorized by law, agrees to contribute
to:
(1)
The means for putting to beneficial use the water for which the permit is
sought; and
(2)
The development, using the procedures administered by the State Engineer, of
the water rights for which the permit is sought;
(c)
The forage serving the beneficial use of the water to be appropriated is not
encumbered by an adjudicated grazing preference recognized pursuant to federal
law for the benefit of a person other than the applicant for the permit, or if
the application for the permit is made by two or more applicants, for the
benefit of a person other than at least one of the applicants for the permit;
and
(d)
The lack of encumbrance required by paragraph (c) is demonstrated by reasonable
means, including, without limitation, evidence of a valid grazing permit, other
than a temporary grazing permit, that is issued by the appropriate governmental
entity to the applicant, or if the application for the permit is made by two or
more applicants to at least one of the applicants for the permit.
2. The State Engineer shall not issue a
certificate of appropriation based upon a permit to appropriate water for the
purpose of watering livestock unless:
(a)
The holder of the permit, or if the permit is held by two or more persons at
least one of those persons, makes satisfactory proof that the water has been
beneficially used, is legally entitled to place on the lands the livestock
which have been watered pursuant to the permit, and:
(1)
Owns, leases or otherwise possesses a legal or proprietary interest in the livestock
which have been watered pursuant to the permit; or
(2)
Has received from a person described in subparagraph (1), authorization to have
physical custody of the livestock which have been watered pursuant to the
permit, and authorization to care for, control and maintain such livestock;
(b) If
the permit is held by two or more persons, each person who holds the permit, to
the extent authorized by law, has contributed to:
(1)
The means for putting to beneficial use the water for which the certificate is
sought; and
(2)
The development, using the procedures administered by the State Engineer, of
the water rights for which the certificate is sought;
(c)
The forage serving the beneficial use of the water that has been beneficially
used is not encumbered by an adjudicated grazing preference recognized pursuant
to federal law for the benefit of a person other than the holder of the permit,
or if the permit is held by two or more persons, for the benefit of a person
other than at least one of the holders of the permit; and
(d)
The lack of encumbrance required by paragraph (c) is demonstrated by reasonable
means, including, without limitation, evidence of a valid grazing permit, other
than a temporary grazing permit, that is issued by the appropriate governmental
entity to the holder of the permit, or if the permit is held by two or more
persons to at least one of the holders of the permit.
3. This section must not be construed to impair
the vested right of any person to the use of water for the purpose of watering
livestock or to prevent any transfer of ownership of a water right for the
purpose of watering livestock.
4. As used in this section, “grazing preference” means a priority position in the issuance of a permit to graze livestock on the public range.
Sec. 2. NRS 533.040 is hereby amended to read as follows:
533.040 1. Except as otherwise provided in this section, any water used in this state for beneficial purposes shall be deemed to remain appurtenant to the place of use.
2. If at any time it is impracticable to use water beneficially or economically at the place to which it is appurtenant, the right may be severed from the place of use and be simultaneously transferred and become appurtenant to another place of use, in the manner provided in this chapter, without losing priority of right.
3. The provisions of this section do not apply to a ditch or canal company that appropriates water for diversion and transmission to the lands of private persons for an annual charge.
4. For the purposes of this section, a surface water right acquired by a water user in a federal reclamation project may be considered appurtenant to an entire farm, instead of specifically identifiable land within that farm, upon the granting of a permit for the change of place of use by the State Engineer which designates the place of use as the entire farm. The quantity of water available for use on that farm must not exceed the total amount determined by applicable decrees as designated in the permit granted by the State Engineer.
5. For the purposes of this section, a water
right acquired for watering livestock by a person who owns, leases or otherwise
possesses a legal or proprietary interest in the livestock being watered is
appurtenant to:
(a)
The land on which the livestock is watered if the land is owned by the person
who possesses a legal or proprietary interest in the livestock; or
(b)
The land located contiguous to the land on which the livestock is watered if
that contiguous land is owned by the person who possesses the legal or
proprietary interest in the livestock being watered.
6. The provisions of subsection 5 must not be
construed:
(a) To
impair a vested right or other existing water right established before the
effective date of this act of a person to the use of water for the purpose of
watering livestock; or
(b) To
prevent any transfer of ownership of a water right for the purpose of watering
livestock.
7. As used in this section, “farm” means a tract of land under the same ownership that is primarily used for agricultural purposes.
Sec. 3. NRS 533.370 is hereby amended to read as follows:
533.370
1. Except as otherwise provided
in this section and NRS 533.345, 533.371, 533.372 and [533.503,] section 1 of this act, the State
Engineer shall approve an application submitted in proper form which
contemplates the application of water to beneficial use if:
(a) The application is accompanied by the prescribed fees;
(b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the efficiency of the district in its delivery or use of water; and
(c) The applicant provides proof satisfactory to the State Engineer of:
(1) His intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and
(2) His financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.
2. Except as otherwise provided in subsection 6, the State Engineer shall approve or reject each application within 1 year after the final date for filing a protest. However:
(a) Action may be postponed by the State Engineer upon written authorization to do so by the applicant or, if an application is protested, by the protestant and the applicant; and
(b) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368 or where court actions are pending, the State Engineer may withhold action until it is determined there is unappropriated water or the court action becomes final.
3. Except as otherwise provided in subsection 6, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights or with protectible interests in existing domestic wells as set forth in NRS 533.024, or threatens to prove detrimental to the public interest, the State Engineer shall reject the application and refuse to issue the requested permit. If a previous application for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.
4. In determining whether an application for an interbasin transfer of ground water must be rejected pursuant to this section, the State Engineer shall consider:
(a) Whether the applicant has justified the need to import the water from another basin;
(b) If the State Engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;
(c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;
(d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and
(e) Any other factor the State Engineer determines to be relevant.
5. If a hearing is held regarding an application, the decision of the State Engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record must be made of the endorsement in the records of the State Engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection 7, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected, the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water while the rejection continues in force.
6. The provisions of subsections 1 to 4, inclusive, do not apply to an application for an environmental permit.
7. The provisions of subsection 5 do not authorize the recipient of an approved application to use any state land administered by the Division of State Lands of the State Department of Conservation and Natural Resources without the appropriate authorization for that use from the State Land Registrar.
8. As used in this section, “interbasin transfer of ground water” means a transfer of ground water for which the proposed point of diversion is in a different basin than the proposed place of beneficial use.
Sec. 4. NRS 533.425 is hereby amended to read as follows:
533.425
1. Except as otherwise provided
in [NRS 533.503,] section 1 of
this act, as soon as practicable after satisfactory proof has been made to
the State Engineer that any application to appropriate water or any application
for permission to change the place of diversion, manner or place of use of
water already appropriated has been perfected in accordance with the provisions
of this chapter, the State Engineer shall issue to the holder or holders of the
permit a certificate setting forth:
(a) The name and post office address of each holder of the permit.
(b) The date, source, purpose and amount of appropriation.
(c) If for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which the water is appurtenant.
(d) The number of the permit under which the certificate is issued.
2. If the water is appropriated from an underground source, the State Engineer shall issue with the certificate a notice of the provisions governing the forfeiture and abandonment of such water rights. The notice must set forth the provisions of NRS 534.090.
Sec. 5. NRS 533.485 is hereby amended to read as follows:
533.485
As used in NRS 533.485 to 533.510, inclusive [:] , and section 1 of this act:
1. “Public range” means all lands belonging to the United States and to the State of Nevada on which livestock are permitted to graze, including lands set apart as national forests and lands reserved for other purposes.
2. “Range livestock” shall mean livestock which during the general period or season when they are being or are proposed to be watered at the place involved shall be subsisting chiefly or entirely by grazing on the public range.”.
Amend section 1, page 1, by deleting lines 4
through 7 and inserting: “livestock [on public lands unless the] unless:
(a)
The applicant for the permit is legally entitled to place the livestock on
the [public] lands for which”.
Amend section 1, page 1, line 12, by deleting “public grazing”.
Amend section 1, page 2, line 3, by deleting “public grazing”.
Amend section 1, page 2, by deleting lines 6 through 12.
Amend section 1, page 2, line 13, by deleting “(c)” and inserting “(b)”.
Amend section 1, page 2, by deleting lines
16 through 31 and inserting: “person
other than the applicant for the permit; and
(c) The lack of encumbrance
required by paragraph (b) is demonstrated by reasonable means, including,
without limitation, evidence of a valid grazing permit, other than a temporary
grazing permit, that is issued by the appropriate governmental entity to the
applicant for the permit.
2. The State Engineer shall not issue a certificate
of appropriation based upon a permit to appropriate water for the purpose of
watering livestock [on public lands unless the person who] unless:
(a)
The holder of the permit makes satisfactory proof that the water has been
beneficially used , is legally
entitled to place on the [land] lands”.
Amend section 1, pages 2 and 3, by deleting lines 41 through 45 on page 2 and lines 1 through 3 on page 3.
Amend section 1, page 3, line 4, by deleting “(c)” and inserting “(b)”.
Amend section 1, page 3, by deleting lines 7
through 9 and inserting: “benefit of a
person other than the holder of the permit; and
(c) The lack of encumbrance required by paragraph (b) is”.
Amend section 1, page 3, by deleting lines 13 and 14 and inserting: “holder of the permit.”.
Amend section 1, page 3, by deleting lines 19 through 27 and inserting:
“4. As used in this section, “grazing preference” means a priority position in the issuance of a permit to graze livestock on the public range.”.
Amend sec. 2, page 3, by deleting lines 28
through 31 and inserting:
“Sec.
7. The provisions of sections 2
and 6 of this act do not apply to a permit to appropriate water for the
purposes of watering livestock or a certificate of appropriation based upon
such a permit if the permit was issued by the State Engineer before the
effective date of this act,”.
Amend the bill as a whole by adding new
sections designated sections 8 and 9, following sec. 2, to read as follows:
“Sec. 8. The provisions of sections 1, 3, 4 and 5 of this act do not apply to a permit to appropriate water for the purposes of watering livestock or a certificate of appropriation based upon such a permit if the permit is issued by the State Engineer before the date on which sections 1, 3, 4 and 5 become effective, regardless of whether such a permit or certificate is transferred after that date.
Sec. 9. 1. This section and sections 2, 6 and 7 of this act become effective upon passage and approval.
2. If a court of competent jurisdiction invalidates all or part of section 6 of this act and an event described in paragraph (a), (b) or (c) of this subsection occurs on or before July 1, 2013, sections 2 and 6 of this act expire by limitation on:
(a) The date on which the court of last resort upholds the final decision of the court of competent jurisdiction invalidating all or part of section 6 of this act;
(b) The date on which the court of last resort declines to review the final decision of the court of competent jurisdiction invalidating all or part of section 6 of this act; or
(c) The date of the day following the day on which the time for filing an appeal of the decision of the court of competent jurisdiction invalidating all or part of section 6 of this act expires, if no appeal is filed within that time,
whichever occurs first. If none of the events described in paragraphs (a), (b) and (c) of this subsection occur on or before July 1, 2013, sections 2 and 6 of this act do not expire by limitation pursuant to this act.
3. Sections 1, 3, 4, 5 and 8 of this act become effective on the date on which sections 2 and 6 of this act expire by limitation, if and only if, sections 2 and 6 of this act expire by limitation on or before July 1, 2013.
4.
As used in this section, “court of last resort” means the court having
the authority to consider the final appeal of the case.”.
Amend the title of the bill, third line, by deleting: “on public grazing lands”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing acquisition of water rights for purposes of watering livestock. (BDR 48‑670)”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 114.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 455.
Amend sec. 3, page 5, by deleting lines 9
through 23 and inserting: “work.] recognized class of workman that will be employed on the public work.
2.
To [establish] assist in establishing a prevailing wage in each county, including
Carson City, the Labor Commissioner shall, annually, survey contractors who
have performed work in the county.
3. Based on the information from the survey and the information set forth in subsection 4, the Labor Commissioner shall, annually, determine the prevailing rate of wages to be paid to each recognized class of workmen in each county, including, without limitation, Carson City, and must be determined to be the average”.
Amend sec. 3, page 5, by deleting lines 27 through 31.
Amend sec. 3, page 5, line 32, by deleting “3. The” and inserting:
“4. In addition to the information from the survey conducted pursuant to this section, the”.
Amend sec. 3, page 6, line 2, by deleting: “on or before September 1 of”.
Amend sec. 3, page 6, by deleting line 7 and inserting: “furnished by state and federal agencies, including data collected by any state agency regarding salaries and wages.”.
Amend sec. 3, page 6, line 12, by deleting “4.” and inserting “5.”.
Amend sec. 3, page 6, line 20, by deleting “5.” and inserting “6.”.
Amend sec. 3, page 6, line 23, by deleting “8” and inserting “9”.
Amend sec. 3, page 6, line 31, by deleting “6.” and inserting “7.”.
Amend sec. 3, page 6, line 36, by deleting “5.” and inserting “6.”.
Amend sec. 3, page 6, line 40, by deleting “7.” and inserting “8.”.
Amend sec. 3, page 6, line 43, by deleting “8.” and inserting “9.”.
Amend sec. 3, page 7, line 7, by deleting “9.” and inserting “10.”.
Amend sec. 3, page 7, line 13, by deleting “10.” and inserting “11.”.
Amend sec. 3, page 7, line 20, by deleting “3.” and inserting “4.”.
Senator Hardy moved the adoption of the amendment.
Remarks by Senator Hardy.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 127.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 281.
Amend section 1, page 2, lines 17 and 18, by deleting: “a chemical accident caused by” and inserting: “an accident occurring in connection with”.
Amend section 1, page 2, line 19, by deleting: “at a regulated” and inserting: “or explosives at a”.
Amend section 1, page 2, line 20, by deleting “presents” and inserting “presented”.
Amend section 1, page 2, line 21, by deleting “regulated”.
Amend section 1, page 2, line 23, by
deleting “accident.” and inserting: “accident if the owner or operator of the
facility:
(a) Is
unwilling to commence and has not commenced an investigation in a timely
manner; or
(b) Is
not capable of and has not retained expertise capable of conducting an
investigation.
2.”.
Amend section 1, page 2, lines 24, 26, 27, 37 and 38, by deleting “regulated”.
Amend section 1, page 2, line 41, by deleting “2.” and inserting “3.”.
Amend section 1, page 2, lines 44 and 45, by deleting “regulated”.
Amend section 1, page 3, line 1, by deleting “3.” and inserting “4.”.
Amend section 1, page 3, line 4, by deleting “regulated”.
Amend section 1, page 3, line 5, by deleting “4.” and inserting “5.”.
Amend section 1, page 3, line 8, by deleting “3,” and inserting “4,”.
Amend section 1, page 3, line 9, by deleting “regulated”.
Amend section 1, page 3, line 11, by deleting “5.” and inserting “6.”.
Amend sec. 2, page 3, line 19, by deleting
“459.3804” and inserting “[459.3804] 459.3806”.
Amend the bill as a whole by deleting sections 3 and 4 and renumbering sec. 5 as sec. 3.
Amend sec. 5, page 4, by deleting lines 8 through 15 and inserting:
“1.
Any activity that involves a highly
hazardous substance [listed in NRS 459.3816 or in a regulation of the
Division adopted pursuant to NRS 459.3833, and includes,] or explosive, including, without
limitation, the use, storage, manufacture, handling or on-site movement , [of the substance,] or any
combination thereof [.] of the
substance or explosive.”.
Amend sec. 5, page 4, lines 19 and 20, by
deleting: “which makes possible the release of a substance [.] or explosive.” and inserting: “[which makes possible the release
of a substance.] that a highly
hazardous substance or explosive could potentially be released, including,
without limitation, the release, fire or explosion in one vessel that could
cause a release, fire or explosion in another vessel.
3. As used in this section:
(a)
“Explosive” means any material designated as subject to regulation as an
explosive pursuant to NRS 459.3816; and
(b) “Highly hazardous substance” means a substance designated as highly hazardous pursuant to NRS 459.3816.”.
Amend the bill as a whole by renumbering sections 6 through 8 as sections 5 through 7 and adding a new section designated sec. 4, following sec. 5, to read as follows:
“Sec. 4. NRS 459.381 is hereby amended to read as follows:
459.381
[“Regulated facility”] “Facility”
means a building, equipment and contiguous area where:
1. Highly hazardous substances are produced, used, stored or handled; or
2. Explosives are manufactured for sale.”.
Amend sec. 6, page 4, by deleting lines 24
through 31 and inserting: “inclusive, and
section 1 of this act and any regulations adopted pursuant thereto, apply
to a [regulated facility that:
(a) Produces, uses, stores or handles]
facility:
(a) That is constructing or operating a process which involves a highly hazardous substance in a quantity:
(1) Equal to or greater than the amount [set
forth in] designated pursuant to
NRS 459.3816; or
(2) Less than the amount [set forth
in] designated pursuant to
NRS 459.3816 if there are two or more releases from the [regulated]
facility of the same or different highly hazardous”.
Amend sec. 6, pages 4 and 5, by deleting lines 38 through 45 on page 4 and lines 1 through 4 on page 5, and inserting:
“(b) [Manufactures] Where explosives are manufactured for sale.
2. The owner or operator of a facility that is
constructing or operating a process described in subsection 1 shall ensure that
each process constructed or operated by the facility complies with the
provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and
any regulations adopted pursuant thereto.
3. A [regulated] facility described
in subparagraph (2) of paragraph (a) of subsection 1 is exempt from [complying
with] the provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any
regulations adopted pursuant thereto if:
(a) The Division determines that the [regulated
facility has:
(1) Carried out the detailed plan to
abate hazards recommended pursuant to subsection 3 of NRS 459.3852; and
(2) Complied] owner or operator of the facility has
complied with such [other] provisions of NRS 459.380 to 459.3874,
inclusive, and section 1 of this act and
the regulations adopted pursuant thereto, as the Division requires; and
(b) The [regulated] owner or operator of the facility
obtains an exemption from the State”.
Amend sec. 6, page 5, by deleting lines 8 through 10 and inserting:
“[3.] 4. As used in this section [,
“highly] :
(a)
“Explosive” means any [substance] material designated as [such in NRS 459.3816 or any regulations
adopted pursuant thereto.] subject to regulation as an explosive
pursuant to NRS 459.3816.
(b) “Highly hazardous substance” means a substance designated as highly hazardous pursuant to NRS 459.3816.”.
Amend sec. 8, pages 9 and 10, by deleting lines 42 through 44 on page 9 and line 1 on page 10 and inserting: “including, without limitation, any chemical, the release of which into the environment or the”.
Amend sec. 8, page 10, line 11, by deleting “Government,” and inserting: “Government and the provisions set forth in 29 U.S.C. § 655 and 42 U.S.C. § 7412(r),”.
Amend sec. 8, page 10, line 22, by deleting “Government,” and inserting: “Government and the provisions set forth in 18 U.S.C. §§ 841, et seq.,”.
Amend the bill as a whole by adding a new section, designated sec. 8, following sec. 8, to read as follows:
“Sec. 8. NRS 459.3818 is hereby amended to read as follows:
459.3818
1. [The Division] In addition to the regulations required to
be adopted pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of
this act, the State Environmental Commission shall adopt such other regulations as are necessary to
carry out the purposes and enforce the provisions of NRS 459.380 to 459.3874,
inclusive [.] , and section 1 of
this act. The regulations must include, without limitation:
(a)
Specifications for the applicability of the provisions of NRS 459.380 to
459.3874, inclusive, and section 1 of this act and any regulations adopted
pursuant thereto;
(b)
The establishment of a program for the prevention of accidental releases of
chemicals that satisfies the provisions of the chemical process safety standard
set forth pursuant to 29 U.S.C. § 655;
(c)
Provisions necessary to enable the Division to administer and enforce the
provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of this act and
any regulations adopted pursuant thereto;
(d)
Requirements for the registration of a facility with the Division; and
(e) Provisions
to ensure that the public is involved in the process of evaluating proposed
regulatory actions that may affect the public.
2.
The Division shall [make] :
(a)
Administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive,
and section 1 of this act and any regulations adopted pursuant thereto; and
(b) Make every effort to involve advisory councils on hazardous materials, where they exist, the governing bodies of local governments and other interested persons in explaining actions taken pursuant to those sections and the regulations adopted pursuant thereto.
3. The State Environmental Commission must
apply the provisions of NRS 459.380 to 459.3874, inclusive, to dealers of
liquefied petroleum gas who sell, fill, refill, deliver or are permitted to
deliver any liquefied petroleum gas in a manner that is consistent with 42
U.S.C. § 7412(r)(4)(B).
4. As used in this section, “liquefied petroleum gas” has the meaning ascribed to it in NRS 590.475.”.
Amend sec. 9, pages 10 and 11, lines 32, 38,
40 and 43 on page 10 and lines 1 and 4 on page 11, by deleting “regulated” and
inserting “[regulated]”.
Amend sec. 9, page 11, line 6, after “statute” by inserting “or regulation,”.
Amend the bill as a whole by renumbering sec. 10 as sec. 12 and adding new sections designated sections 10 and 11, following sec. 9, to read as follows:
“Sec. 10. NRS 459.382 is hereby amended to read as follows:
459.382
1. The Health Division of the
Department of Human Resources, the Division of Industrial Relations of the
Department of Business and Industry and any other governmental entity or agency
of the State responsible for minimizing risks to persons and property posed by [regulated]
facilities and hazardous substances shall submit to the Division of Environmental Protection such reports
as the Division deems necessary to carry out the provisions of NRS 459.380 to
459.3874, inclusive [.] , and section 1 of this act and any
regulations adopted pursuant thereto. The reports must be submitted at such
times and contain such information as required by the Division.
2.
The [Division] State
Environmental Commission shall adopt by regulation common reporting forms
to be used by such governmental entities and agencies when reporting
information related to hazardous substances and [regulated] facilities.
3.
The Division shall review the rules, regulations, standards, codes and
safety orders of other governmental entities and agencies of the State
responsible for minimizing risks to persons and property posed by [regulated]
facilities and hazardous substances to ensure that they are sufficient to carry
out the provisions of NRS 459.380 to 459.3874, inclusive [.] , and section 1
of this act and any regulations adopted pursuant thereto.
4.
If the Division and any other governmental entity or agency of the State
have coexisting jurisdiction over the regulation of [regulated]
facilities or hazardous substances located at such facilities, the Division has
the final authority to take such actions as are necessary to carry out the
provisions of NRS 459.380 to 459.3874, inclusive [.] , and section 1
of this act and any regulations adopted pursuant thereto.
Sec. 11. NRS 459.3822 is hereby amended to read as follows:
459.3822
1. [Any] The owner or operator of a facility shall,
upon request, submit any records, reports or other information to the Division
that the Division deems necessary to administer and enforce the provisions of
NRS 459.380 to 459.3874, inclusive, and section 1 of this act and any
regulations adopted pursuant thereto.
2. Except as otherwise provided in this
section, any records, reports or other
information obtained pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act or any regulation
adopted pursuant thereto must be made available to the public for
inspection and copying. [If protection of a trade secret pursuant to NRS
459.3846 requires a deletion, the deletion must be limited to that information
essential for compliance. In the event of deletion, the Division shall
substitute language generally describing what was deleted, without revealing
the trade secret, so that the information contained in the record or report is
comprehensible.
2.] 3. The Division shall protect the confidentiality of any information
obtained by the Division, including, without limitation, any information
obtained through an observation made by the Division during a visit to a
facility if:
(a)
The owner or operator of the facility from which the information was obtained
or which was visited requests such protection; and
(b)
The information satisfies the conditions for protection as a trade secret
pursuant to subsection 4.
4. Information is entitled to protection as a
trade secret under this section only if:
(a)
The information has not been disclosed to any other person, other than a member
of a local emergency planning committee, an officer or employee of the United
States or a state or local government, an employee of such a person, or a
person who is bound by an agreement of confidentiality, and the owner or
operator of the facility has taken reasonable measures to protect the
confidentiality of the information and intends to continue to take such
measures;
(b)
The information is not required to be disclosed, or otherwise made available,
to the public under any other federal or state law;
(c)
Disclosure of the information is likely to cause substantial harm to the
competitive position of the owner or operator of the facility; and
(d)
The chemical identity of a substance, if that is the information, is not
readily discoverable through analysis of the product containing it or
scientific knowledge of how such a product must be made.
5. The State Environmental Commission shall
adopt regulations for the protection of the confidentiality of information entitled
to protection as a trade secret pursuant to this section.
6. The person requesting the copy or copies of the public records, shall tender or pay to the Division such fee as may be prescribed for the service of copying.”.
Amend sec. 10, page 11, line 41, by
deleting: “of a regulated” and inserting: “or
operator of a [regulated]”.
Amend sec. 10, page 11, line 43, by deleting “regulated”.
Amend sec. 10, page 12, line 4, by deleting:
“of a regulated” and inserting: “or
operator of a [regulated]”.
Amend sec. 10, page 12, line 7, by deleting “act.” and inserting: “act and any regulations adopted pursuant thereto.”.
Amend sec. 10, page 12, line 10, by deleting “regulated”.
Amend sec. 10, page 12, line 12, by
deleting: “of a regulated” and inserting: “or
operator of a [regulated]”.
Amend sec. 10, page 12, by deleting line 15 and inserting:
“4. The State Environmental Commission may
modify the amount of the annual fee required pursuant to this section and the
timing for payment of the annual fee:
(a) To
include consideration of any fee paid to the Division for a permit to construct
a new process or commence operation of a new process pursuant to NRS 459.3829;
and
(b) If any regulations adopted pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act require such a modification.
5. The owner or operator of a [regulated] facility shall submit, with
any”.
Amend sec. 10, page 12, by deleting lines 20 through 22 and inserting:
“[5.] 6. All fees [collected
pursuant to this section and] fines,
penalties and other money collected
pursuant to NRS [459.3833, 459.3834 and 459.3874, and any interest earned
thereon,] 459.380 to 459.3874,
inclusive, and section 1 of this act and any regulations adopted pursuant
thereto, other than a fine collected pursuant to subsection 3 of NRS 459.3834, must
be deposited with the State”.
Amend sec. 10, page 12, line 24, after “fund.” by inserting: “All interest earned on the money in the Fund must be credited to the Fund.”.
Amend the bill as a whole by renumbering sections 11 through 14 as sections 18 through 21 and adding new sections designated sections 13 through 17, following sec. 10, to read as follows:
“Sec. 13. NRS 459.3829 is hereby amended to read as follows:
459.3829
1. No owner or operator of a [regulated]
facility may commence construction or operation of any new process that will be subject to regulation
pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act or any regulation adopted pursuant thereto, unless
he first obtains all appropriate permits from the Division to construct the new
process [or] and commence
operation of the new process . [,
or both.] Before issuing any such permits, the Division of Environmental Protection shall
consult with the Division of Industrial Relations of the Department of Business
and Industry.
2.
An application for such a permit must be submitted on a form prescribed
by the Division [.
3.
The Division may require the applicant to] of Environmental Protection.
3. The State Environmental Commission shall
adopt regulations establishing the requirements for the issuance of a permit
pursuant to this section. An applicant shall comply with requirements that [it]
the State Environmental Commission establishes
by regulation for the issuance of a
permit before [issuing any permits] the applicant may receive a permit from the Division for the construction and operation of the
process.
4.
The Division may charge and collect a fee for the issuance of such a
permit. [All fees collected pursuant to this section and any interest earned
thereon must be deposited with the State Treasurer for credit to the Fund for
Precaution Against Chemical Accidents created pursuant to NRS 459.3824.]
Sec. 14. NRS 459.3832 is hereby amended to read as follows:
459.3832
1. [All forms for
registration, reports on safety and reports on the assessment of risk through
analysis of hazards must contain a certification in one of the following two
forms:
(a) “I certify under penalty of law that
the information provided in this document is true, accurate and complete. I am
aware that there are significant civil and criminal penalties for submitting
false, inaccurate or incomplete information, including fines or imprisonment,
or both.”
(b) “I certify under penalty of law that
I have personally examined and am familiar with the information submitted in
this document and all attached documents and that based on my inquiry of the
natural persons immediately responsible for obtaining the information, I
believe that the submitted information is true, accurate and complete. I am
aware that there are significant civil and criminal penalties for submitting
false information, including the possibility of fines or imprisonment, or
both.”
2.]
The State Environmental Commission
shall adopt regulations setting forth:
(a)
The records, reports and information submitted to the Division which must
contain a certification; and
(b)
The requirements of such certifications.
2. Each certification must be signed by the sole proprietor of the facility, the highest ranking corporate officer or partner at the facility, the manager of the facility, or a person designated by any one of those persons to sign the certification.
Sec. 15. NRS 459.3833 is hereby amended to read as follows:
459.3833 1. The State Department of Conservation and Natural Resources may, in accordance with the authority granted to it pursuant to NRS 445B.205, apply for and accept any delegation of authority and any grant of money from the Federal Government for the purpose of establishing and carrying out a program to prevent and minimize the consequences of the accidental release of hazardous substances in accordance with the provisions of 42 U.S.C. § 7412(r).
2.
The State Environmental Commission may [adopt such regulations as it
determines are] adopt regulations necessary
to establish and carry out such a program. [The regulations must:
(a) Establish a list of hazardous
substances and the quantities thereof that will be regulated pursuant to the
program.
(b) Provide that the provisions of NRS
459.3824, 459.3826 and 459.3828 apply to all facilities regulated pursuant to
the program.
(c) Provide that a person who violates
any such regulation or the provisions of NRS 459.3824, 459.3826 or 459.3828 is,
in addition to any penalty that may apply pursuant to NRS 459.3834, subject to
a civil administrative penalty not to exceed $10,000 per day of the violation,
and that each day on which the violation continues constitutes a separate and
distinct violation. Any penalty imposed pursuant to this paragraph may be
recovered with costs in a summary proceeding by the Attorney General.
3.
The Division:
(a) Shall carry out and enforce the
provisions of the program.
(b) May enter into cooperative agreements
with other agencies of this state for the enforcement of specific provisions of
the program.
4.
The Division may compromise and settle any claim for any penalty under
this section in such amount in the discretion of the Division as may appear
appropriate and equitable under all of the circumstances, including the posting
of a performance bond by the violator. If a violator is subject to the
imposition of more than one civil administrative penalty for the same
violation, the Division shall compromise and settle the claim for the penalty
under this section in such amount as to avoid the duplication of penalties.
5.
If a person violates any regulation adopted pursuant to subsection 2, or
the provisions of NRS 459.3824, 459.3826 or 459.3828, the Division may
institute a civil action in a court of competent jurisdiction for injunctive or
any other appropriate relief to prohibit and prevent the violation and the
court may proceed in the action in a summary manner.]
Sec. 16. NRS 459.3834 is hereby amended to read as follows:
459.3834
1. A person [subject to the
regulations adopted by the State Environmental Commission pursuant to NRS
459.3833] shall not knowingly:
(a) Violate any [such regulation or the
provisions of NRS 459.3824, 459.3826 or 459.3828;] provision of NRS 459.380 to 459.3874, inclusive, and section 1 of this
act or any regulation adopted pursuant thereto;
(b) Make any false material statement, representation or certification in any required form, notice or report; or
(c) Render inaccurate any required monitoring device or method.
2. [A]
Except as otherwise provided in
subsection 3, a person who violates subsection 1 shall be punished by a
fine of not more than [$10,000] $25,000
per day of the violation, and each day on which the violation continues
constitutes a separate and distinct violation.
3. A person who violates subsection 1 in a manner that contributes to the substantial bodily harm or death of any person is guilty of a category D felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000 for each day of the violation, or by both fine and the punishment provided in NRS 193.130.
Sec. 17. NRS 459.3866 is hereby amended to read as follows:
459.3866 1. After giving reasonable notice to the facility it oversees and after making arrangements to ensure that the normal operations of the facility will not be disrupted, a committee is entitled to receive from the facility such records and documents as the committee demonstrates are required to carry out its duties. The committee is entitled to receive only those records and documents which cannot be obtained from the Division.
2. A committee is entitled to receive from any governmental entity or agency records, documents and other materials relevant to the committee’s review and evaluation of the facility to carry out its duties.
3. In carrying out its duties a committee and the Attorney General may, by subpoena, require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary. Before obtaining such a subpoena, the committee or the Attorney General shall request the attendance of the witness or the production of the reports, papers, documents or other evidence. If the person to whom the request is made fails or refuses to attend or produce the reports, documents or other evidence, the committee and the Attorney General may obtain the subpoena requiring him to do so.
4. In carrying out its duties, a committee may make informal inquiry of persons or entities with knowledge relevant to the committee’s review and evaluation of the facility it oversees. Any committee which makes such informal inquiries shall advise the facility of those inquiries and of the results of the inquiries.
5.
If the owner or operator of a
facility claims that the disclosure of information to a committee will reveal a
trade secret or confidential information, the owner or operator must specifically identify such information as
confidential. When such an identification has been made, the [provisions of
NRS 459.3846 apply.] committee shall
protect the confidentiality of the trade secret or information if the trade
secret or information would be entitled to protection pursuant to NRS 459.3822.
6. A committee or its authorized representative may, to carry out its duties , enter and inspect the facility overseen, its records and other relevant materials. Before such an inspection is made, the committee shall provide reasonable notice to the facility. The inspection must be conducted in such a manner as to ensure that the operations of the facility will not be disrupted.
7. The Attorney General is counsel and attorney to each committee for the purposes of carrying out its duties and powers.
8. The members of a committee may make public comment with regard to their review and evaluation of the facility it oversees. At least 24 hours before making any formal comment, the committee shall advise the facility of its intention to do so and provide the facility with a summary of the comments that will be made.
9. A committee may review and make recommendations to the reviewing authority as to any applications for permits to construct, substantially alter or operate submitted by a facility which has been the subject of the committee’s review and evaluation.”.
Amend sec. 11, page 12, line 26, by deleting “regulated”.
Amend sec. 11, page 12, line 33, after “act” by inserting: “, any regulation adopted pursuant thereto”.
Amend sec. 11, page 12, lines 35 and 36, by deleting “regulated”.
Amend sec. 11, page 13, by deleting line 21
and inserting: “the report.] The State Environmental Commission shall adopt regulations establishing
requirements for:
(a)
The inspection of a facility; and
(b)
The report of a record of inspection.
3. If the Administrator of the Division finds
that any”.
Amend
sec. 11, page 13, line 34, by deleting “Division” and inserting “Administrator”.
Amend
sec. 11, page 13, line 36, by deleting “3.” and inserting “4.”.
Amend
sec. 11, page 13, line 37, by deleting “regulated”.
Amend
sec. 11, page 13, line 39, by deleting “may” and inserting: “may, after the Division has inspected the
site and after the Administrator has had a consultation with the owner or
operator of the facility and the owner or operator fails to correct the threat,”.
Amend sec. 11, page 13, line 40, by deleting “regulated”.
Amend sec. 12, page 13, line 45, by deleting
“459.386,” and inserting “[459.386,] 459.3834,”.
Amend sec. 12, page 14, line 8, by deleting
“459.386,” and inserting “[459.396,] 459.3834,”.
Amend sec. 12, page 14, by deleting lines 23
and 24 and inserting: “a final order [after assessing] and assess the amount of the fine . [specified in the notice.] If no hearing is requested, the notice
becomes a final order”.
Amend sec. 13, pages 14 and 15, by deleting lines 36 through 44 on page 14 and lines 1 through 33 on page 15, and inserting:
“Category of Offense Penalty in U.S. Dollars
A. Failure
to register a new or existing [regulated] facility: $25,000 plus $2,000 per day
from the due date
B. Failure to pay the fee required pursuant to
NRS 459.3824: 75 percent of the fee
C. [Failure
to submit a safety report: $10,000
plus $1,000 per day
from the due date
D. Failure to conduct an assessment of risk
through analysis of hazards pursuant to the conditions set forth in NRS
459.3844: $25,000
E. Failure to put into effect plan: $50,000
F. Failure to comply with plan to reduce accidents
and schedule of compliance: up to $5,000
G. Failure to comply with approved plan to reduce
accidents, each requirement: up to $10,000
H.] Failure to provide information requested by the Division: $25,000
[I.] D. Failure to grant access to
employees or agents of the Division
for inspections: $25,000
[J.] E. Failure to provide
information or grant access to employees or agents of the Division during an emergency: $50,000
[K.] F. Falsification of
information submitted to the Division: up to $10,000 per incident
[L.] G. Failure to obtain a permit
for the construction of a new [regulated] facility: $25,000
H. Failure to comply with a regulation adopted
pursuant to NRS 459.380 to 459.3874, inclusive, and section 1 of this act,
other than a regulation for which a civil administrative penalty is set forth
in category A to G, inclusive: $10,000 per incident
The civil administrative penalty prescribed
in category H may be assessed for each regulatory provision that is violated. The
civil administrative penalty prescribed in category [L] G may be assessed against a contractor
who is constructing the [regulated] facility only if the contractor is
contractually responsible for obtaining all appropriate permits for the
construction of the [regulated] facility and the contractor knows or has
reason to know the planned use of the [regulated] facility.”.
Amend sec. 13, page 16, line 2, by deleting
“459.386,” and inserting “[459.386,]
459.3834,”.
Amend sec. 14, page 18, by deleting line 32
and inserting: “United States.]
means a material subject to regulation as
an explosive pursuant to NRS 459.3816.”.
Amend the bill as a whole by renumbering sections 15 and 16 as sections 24 and 25 and adding new sections designated sections 22 and 23, following sec. 14, to read as follows:
“Sec. 22. NRS 459.3804, 459.3807, 459.3808, 459.3812, 459.3826, 459.3828, 459.383, 459.3836, 459.3837, 459.384, 459.3842, 459.3844, 459.3846, 459.3848, 459.385, 459.3852, 459.3854, 459.3856, 459.3858 and 459.386 are hereby repealed.
Sec. 23. Any regulations adopted by the Division of Environmental Protection of the State Department of Conservation and Natural Resources pursuant to a provision of NRS which was amended or repealed by this act remain in force until amended by the State Environmental Commission and such regulations may be enforced by the Division.”.
Amend sec. 15, page 18, line 34, by deleting “8” and inserting “7”.
Amend sec. 16, page 18, by deleting lines 37 through 43 and inserting:
“Sec. 25. 1. This section and section 23 of this act become effective upon passage and approval.
2. Sections 1 to 22, inclusive, and 24 of this act become effective upon passage and approval for the purpose of adopting regulations and on October 1, 2003, for all other purposes.”.
Amend the bill as a whole by adding the leadlines of repealed sections, following sec. 16, to read as follows:
“TEXT OF REPEALED SECTION
459.3804 “Chemical accident” defined.
459.3807 “Explosive” defined.
459.3808 “Hazard” defined.
459.3812 “Risk” defined.
459.3826 Payment of fees upon opening of new regulated facility or registration of new highly hazardous substance or explosive.
459.3828 Form for registration; contents of form; time for filing.
459.383 Report on safety; contents of report; current information required.
459.3836 Periodic assessments required; duties of owner or operator of facility and person conducting assessment.
459.3837 Prerequisites to introduction of new highly hazardous substance or explosive into regulated facility.
459.384 Designation of persons capable of performing assessment; documentation of ability to perform assessment.
459.3842 Description of how assessment will be conducted; qualifications of persons conducting assessment.
459.3844 Approval or rejection of persons designated to perform assessment; selection by Division; conditions for conducting assessment.
459.3846 Report of assessment; severable addendum containing trade secrets; report required pursuant to federal law sufficient; conditions for protection as trade secret.
459.3848 Contents of findings of person conducting assessment.
459.385 Contents of conclusions of person conducting assessment.
459.3852 Contents of recommendations of person conducting assessment.
459.3854 Notice of receipt of report of assessment; modifications to plan to abate hazards; effective date of plan.
459.3856 Contents of proposed modifications to plan to abate hazards; dissemination of proposed modifications.
459.3858 Hearing on proposed modifications to plan to abate hazards; notice; record of proceeding.
459.386
Issuance of decision of Division; notice of decision; effective date of
plan to reduce accidents; inspection of facility to verify compliance with plan
and schedule of abatement.”.
Amend the bill as a whole by deleting the
preamble.
Amend the title of the bill to read as follows:
“AN ACT relating to hazardous materials;
authorizing the Division of Environmental Protection of the State Department of
Conservation and Natural Resources to investigate certain accidents at
facilities; providing for the recovery by the Division of its costs incurred in
conducting such an investigation; deleting the statutory list of highly
hazardous substances; requiring the State Environmental Commission to adopt
regulations designating a list of highly hazardous substances and designating
specific materials that are subject to regulation as explosives; revising the
provisions relating to the regulation of facilities and the disclosure of
records and information of facilities involved in the use, production, storage
or handling of highly hazardous substances or in the manufacture of explosives;
requiring the Commission to adopt certain regulations concerning such
facilities; authorizing the Administrator of the Division to issue certain
orders; providing penalties; and providing other matters properly relating
thereto.”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 131.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 375.
Amend the bill as a whole by deleting sections 1 through 12 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. 1. The Legislative Commission shall appoint a subcommittee to conduct a study relating to mold in structures. The subcommittee must consist of three members of the Senate and three members of the Assembly. At least one member appointed from each House must be appointed from the membership of the respective standing committees on Commerce and Labor during the immediately preceding session of the Legislature.
2. The study must include, but is not limited to:
(a) Standards, procedures, and techniques for the inspection and testing for mold, including, but not limited to, visual inspection, surface sampling, air monitoring and laboratory analysis;
(b) Standards, procedures and techniques for the remediation of mold, including, but not limited to, procedures and techniques for the enclosure or removal of mold or material containing mold from a building or structure, including any associated mechanical systems inside or outside the building or structure;
(c) Standards, procedures and techniques for the disposal of mold and material containing mold;
(d) Standards for the assessment of the exposure of occupants of a building or structure to mold, including, but not limited to, assessing the need to respond to the presence of mold, and to determine which buildings or structures are most in need of such a response;
(e) Standards and qualifications for the licensing of persons engaged in the control of mold, including testing and inspecting for mold, and remediation of mold; and
(f) Standards and qualifications for trainers and courses of education for licensees engaged in inspecting and testing for mold and in remediation of mold.
3. The subcommittee shall seek information from various representatives of persons who inspect and test for mold, contractors who engage in the remediation of mold, insurers who cover damage to structures caused by water intrusion, health experts with experience in studying, detecting and eliminating mold and in treating patients with mold-related health problems, and public agencies involved with regulating mold control projects, contractors and public health.
4. Any legislation recommended by the subcommittee must be approved by a majority of the members of the Assembly and by a majority of the members of the Senate appointed to the subcommittee.
5. The Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 73rd Session of the Nevada Legislature.
Sec. 2. This act becomes effective on July 1, 2003.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the control of mold; directing the Legislative Commission to appoint a subcommittee to conduct a study relating to mold in structures; 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 conduct study relating to mold in structures. (BDR S‑221)”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 139.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 444.
Amend the bill as a whole by renumbering section 1 as sec. 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 645 of NRS is hereby amended by adding thereto a new section to read as follows:
“Property
management agreement” means a written contract between a client and a broker in
which the broker agrees to accept valuable consideration from the client or
another person for providing property management for the client.
Sec. 2. NRS 645.0005 is hereby amended to read as follows:
645.0005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645.001 to 645.040, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.”.
Amend section 1, page 1, line 6, after “property.” by inserting: “The term does not include a property management agreement.”.
Amend the bill as a whole by deleting sec. 2, renumbering sections 3 and 4 as sections 6 and 7 and adding new sections designated sections 4 and 5, following section 1, to read as follows:
“Sec. 4. NRS 645.009 is hereby amended to read as follows:
645.009
“Client” means a person who has entered into a brokerage agreement with
a [licensee.] broker or a property
management agreement with a broker.
Sec. 5. NRS 645.019 is hereby amended to read as follows:
645.019
“Property management” means the physical, administrative or financial
maintenance and management of real property, or the supervision of such
activities for a fee, commission or other compensation or valuable
consideration, pursuant to a [brokerage] property management agreement.”.
Amend the bill as a whole by adding new sections designated sections 8 through 10, following sec. 4, to read as follows:
“Sec. 8. NRS 645.6056 is hereby amended to read as follows:
645.6056
1. A real estate broker who
holds a permit to engage in property management shall not act as a property
manager unless the broker has first obtained a [written brokerage] property management agreement signed by
the broker and the client for whom the broker will manage the property.
2. A
[brokerage agreement for] property management agreement must include, without limitation:
(a) The term of the agreement [;] and, if the agreement is subject to
renewal, provisions clearly setting forth the circumstances under which the
agreement may be renewed and the term of each such renewal;
(b) A provision for the retention and
disposition of deposits of the tenants of the property during the term of the
agreement [;] and, if the
agreement is subject to renewal, during the term of each such renewal;
(c) The fee or compensation to be paid to
the broker; [and]
(d) The extent to which the broker may act
as the agent of the client [.] ;
and
(e) If
the agreement is subject to cancellation, provisions clearly setting forth the
circumstances under which the agreement may be cancelled. The agreement may
authorize the broker or the client, or both, to cancel the agreement with cause
or without cause, or both, under the circumstances set forth in the agreement.
Sec. 9. NRS 645.630 is hereby amended to read as follows:
645.630 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‑eveloper, whether or not acting as such, is found guilty of:
1. Making any material misrepresentation.
2. Making any false promises of a character likely to influence, persuade or induce.
3. 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.
4. 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.
5. 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.
6. Failing, within a reasonable time, to account for or to remit any money which comes into his possession and which belongs to others.
7. If he is required to maintain a trust account:
(a) Failing to balance the trust account at least monthly; and
(b) Failing to submit to the Division an annual accounting of the trust account as required in NRS 645.310.
8. Commingling the money or other property of his clients with his own or converting the money of others to his own use.
9. 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.
10. 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.
11. 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.
12. 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.
If
discipline is imposed pursuant to this section, the costs of the proceeding,
including investigative costs and attorney’s fees, may be recovered by the [Board.] Division.
Sec. 10. NRS 645.633 is hereby amended to read as follows:
645.633 1. The Commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:
(a) Willfully using any trade name, service mark or insigne of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.
(b) Violating any order of the Commission,
any agreement with the Division, any of the provisions of this chapter, chapter
116, 119, 119A, 119B, 645A or 645C of NRS or any regulation adopted [thereunder.] pursuant thereto.
(c) Paying a commission, compensation or a finder’s fee to any person for performing the services of a broker, broker-salesman or salesman who has not secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.
(d) A felony, or has entered a plea of guilty, guilty but mentally ill or nolo contendere to a charge of felony or any crime involving fraud, deceit, misrepresentation or moral turpitude.
(e) Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.
(f) Failure to include a fixed date of
expiration in any written brokerage agreement or failure to leave a copy of [the] such a brokerage agreement or
any property management agreement with the client.
(g) Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a client.
(h) Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter, chapter 119, 119A or 119B of NRS.
(i) Any other conduct which constitutes deceitful, fraudulent or dishonest dealing.
(j) Any conduct which took place before he became licensed, which was in fact unknown to the Division and which would have been grounds for denial of a license had the Division been aware of the conduct.
(k) Knowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesman or salesman, with or on behalf of the licensee.
(l) Recording or causing to be recorded a claim pursuant to the provisions of NRS 645.8701 to 645.8811, inclusive, that is determined by a district court to be frivolous and made without reasonable cause pursuant to NRS 645.8791.
2. The Commission may take action pursuant to NRS 645.630 against a person who is subject to that section for the suspension or revocation of a real estate broker’s, broker-salesman’s or salesman’s license issued to him by any other jurisdiction.
3. The Commission may take action pursuant to NRS 645.630 against any person who:
(a) Holds a permit to engage in property management issued pursuant to NRS 645.6052; and
(b) In connection with any property for
which the person has obtained a [written brokerage agreement to manage the]
property management agreement pursuant
to NRS 645.6056:
(1) Is convicted of violating any of the provisions of NRS 202.470;
(2) Has been notified in writing by the appropriate governmental agency of a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to inform the owner of the property of such notification; or
(3) Has been directed in writing by the
owner of the property to correct a potential violation of NRS 244.360, 244.3603
or 268.4124, and has failed to correct the potential violation, if such
corrective action is within the scope of the person’s duties pursuant to the [written
brokerage] property management agreement.
4. The Division shall maintain a log of any complaints that it receives relating to activities for which the Commission may take action against a person holding a permit to engage in property management pursuant to subsection 3.
5. On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the Division pursuant to subsection 4; and
(b) Any disciplinary actions taken by the Commission pursuant to subsection 3.”.
Amend the title of the bill by deleting the third through fifth lines and inserting: “provisions governing property management agreements; revising provisions which require real”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Senator Townsend disclosed that his wife is a property manager.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 147.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 453.
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 through 9 as sections 4 through 8.
Amend sec. 5, page 4, by deleting lines 16
through 19 and inserting: “may issue the subpoena. Failure of the public
officer or public employee to comply with the written request of the Executive
Director [constitutes good cause for extension] shall be deemed a waiver by the public officer or public employee of
the time set forth in subsections 3 and 4 of NRS 281.511.”.
Amend sec. 6, page 5, by deleting lines 17
through 20 and inserting: “exemptions or advantages for himself, [any member
of his household,] any business entity in which he has a significant
pecuniary interest, or any [other person.] person to whom he has a commitment in a private capacity to the
interests of that person. As used in this subsection [, “unwarranted”]
:
(a)
“Commitment in a private capacity to the interests of that person” has the
meaning ascribed to “commitment in a private capacity to the interests of
others” in subsection 7 of NRS 281.501.
(b) “Unwarranted” means without justification or adequate reason.”.
Amend sec. 8, page 10, by deleting lines 6
through 12 and inserting: “relevant to the request. The Executive Director
shall complete an investigation and present his recommendation relating to just
and sufficient cause to the panel within [15] 45 days after the receipt of or the motion of the Commission for
the request, unless the [panel extends the time for a period not to exceed
30 days upon the request of the Executive Director for good cause shown or
the request of the] public officer or employee [.] waives this time limit. If the Executive
Director determines”.
Amend sec. 8, page 10, by deleting line 21 and inserting: “recommendation. Within 15 days after the Executive”.
Amend sec. 8, page 10, by deleting lines 25
through 27 and inserting: “opinion in the matter, unless the [Commission
extends the time for a period not to exceed 30 days upon the request of
the panel for good cause shown or the request of the] public officer or
employee [.] waives this time
limit.”.
Amend sec. 8, page 10, by deleting lines 39
through 42 and inserting: “in the matter within 30 days after the
determination of just and sufficient cause by the panel, unless the [Commission
extends the time for a period not to exceed 30 days for good cause shown
or upon the request of the] public officer or employee [.] waives this time limit.”.
Amend the bill as a whole by deleting sections 10 and 11 and renumbering sections 12 through 16 as sections 9 through 13.
Amend the title of the bill, ninth line, by deleting “removing” and inserting “revising”.
Senator Care moved the adoption of the amendment.
Remarks by Senators Care, Neal and Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 156.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 325.
Amend section 1, page 1, line 3, by deleting
“section,” and inserting: “section [,] and section 3 of this act,”.
Amend section 1, page 2, by deleting line 17 and inserting “traded; or”.
Amend section 1, pages 3 and 4, by deleting lines 17 through 45 on page 3 and lines 1 through 13 on page 4, and inserting “county.”.
Amend the bill as a whole by adding new sections designated sections 2 through 4, following section 1, to read as follows:
“Sec. 2. NRS 223.575 is hereby amended to read as follows:
223.575 1. The Bureau for Hospital Patients is hereby created within the Office for Consumer Health Assistance in the Office of the Governor.
2. The Director:
(a) Is responsible for the operation of the Bureau, which must be easily accessible to the clientele of the Bureau.
(b) Shall appoint and supervise such additional employees as are necessary to carry out the duties of the Bureau. The employees of the Bureau are in the unclassified service of the State.
(c) On or before February 1 of each year,
shall submit a written report to the Governor, and to the Director of the
Legislative Counsel Bureau concerning the activities of the Bureau for Hospital
Patients for transmittal to the appropriate committee or committees of the
Legislature. The report must include, without limitation, the number of complaints
received by the Bureau, the number and type of disputes heard, mediated,
arbitrated or resolved through alternative means of dispute resolution by the
Director , [and] the outcome
of the mediation, arbitration or alternative means of dispute resolution [.] and the number of complaints received by
the Bureau relating to the hospital selected as a pilot project by the
Legislative Committee on Health Care pursuant to section 3 of this act.
3. The Director may, upon request made by either party, hear, mediate, arbitrate or resolve by alternative means of dispute resolution disputes between patients and hospitals. The Director may decline to hear a case that in his opinion is trivial, without merit or beyond the scope of his jurisdiction. The Director may hear, mediate, arbitrate or resolve through alternative means of dispute resolution disputes regarding:
(a) The accuracy or amount of charges billed to a patient;
(b) The reasonableness of arrangements made pursuant to paragraph (c) of subsection 1 of NRS 439B.260; and
(c) Such other matters related to the charges for care provided to a patient as the Director determines appropriate for arbitration, mediation or other alternative means of dispute resolution.
4. The decision of the Director is a final decision for the purpose of judicial review.
5. Each hospital, other than federal and state hospitals, with 49 or more licensed or approved hospital beds shall pay an annual assessment for the support of the Bureau. On or before July 15 of each year, the Director shall notify each hospital of its assessment for the fiscal year. Payment of the assessment is due on or before September 15. Late payments bear interest at the rate of 1 percent per month or fraction thereof.
6. The total amount assessed pursuant to subsection 5 for a fiscal year must be $100,000 adjusted by the percentage change between January 1, 1991, and January 1 of the year in which the fees are assessed, in the Consumer Price Index (All Items) published by the United States Department of Labor.
7. The total amount assessed must be divided by the total number of patient days of care provided in the previous calendar year by the hospitals subject to the assessment. For each hospital, the assessment must be the result of this calculation multiplied by its number of patient days of care for the preceding calendar year.
Sec.
3. 1. The Legislative Committee on
Health Care shall establish a pilot program for the evaluation of the
desirability of the granting of an exception by the Legislature to the
provisions of subsection 1 of NRS 439B.425 for small surgical hospitals
and small medical-surgical hospitals.
2. The Committee shall select the Jerry Lewis
Spine and Pain Center, or its successor in interest, to participate as a pilot
project in the pilot program.
3. The Committee shall monitor the pilot
project to determine whether any conflicts of interest that disadvantage a
person in Nevada occur because the person sought medical advice from a
physician and was referred to the hospital selected as a pilot project by the
Committee pursuant to this section.
4. On or before January 1 of each odd-numbered
year before January 1, 2010, the hospital selected by the Committee pursuant to
this section shall submit a report to the Committee and to the Office for
Consumer Health Assistance. The report must include for the 2 years immediately
preceding the date of the report:
(a)
The total number of patients served by the hospital;
(b)
The number of indigent patients served by the hospital;
(c)
The impact of the hospital on the other hospitals that are located in the
county in which the hospital is located, including, without limitation, any
adverse economic impact on those hospitals; and
(d)
Such other information as the Committee requires.
5. At least biennially, on or before February 1
of each odd-numbered year before January 1, 2010, the Committee shall submit a
report of its findings for the past 2 years to the Senate and Assembly Standing
Committees that have jurisdiction to hear legislative matters relating to
chapter 439B of NRS. The report submitted on or before February 1, 2009, must
also include a summary of the findings for the 6 years during which the pilot
program was conducted and must also contain a recommendation of the Committee as
to whether an exception by the
Legislature to the provisions of subsection 1 of NRS 439B.425 for small
surgical hospitals and small medical-surgical hospitals should be granted.
6. If the hospital selected as a pilot project by the Committee pursuant to this section agrees to participate in the pilot program, the provisions of NRS 439B.425 do not apply to a practitioner who has a financial interest in that hospital.
Sec. 4. This act becomes effective upon passage and approval.”.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
“Whereas, The potential for the location of one or more new specialty hospitals in Nevada has recently been brought to the attention of this Legislature; and
Whereas, This type of hospital, that is smaller and specializes in specific areas of medicine, presents a unique and potentially very beneficial opportunity for the residents of this state because of the expertise that will be developed within the health care providers in Nevada and the attraction of medical experts from around the world; and
Whereas, It is therefore incumbent upon this Legislature to ensure that the laws of this state facilitate the location of this type of hospital in Nevada, but at the same time balance the needs of the residents of this state for quality health care at all levels and encourage a relationship of trust between patients and their health care providers; and
Whereas, Through the years, this Legislature has been very firm in its resolve to ensure that conflicts of interest do not disadvantage a person in Nevada who seeks medical care and is thereafter referred to another practitioner or facility for medical services or goods; and
Whereas, Without a history of regulating the location and operation of this type of hospital in Nevada, this Legislature has determined that a 6-year pilot program to allow the Legislative Committee on Health Care to monitor one of the first such hospitals to locate in this state is the most advantageous manner of ensuring that appropriate laws are enacted that balance the benefits of such hospitals with the needs of the residents of Nevada; now, therefore,”.
Amend the title of the bill, first line, after “care;” by inserting: “establishing a pilot program to evaluate the desirability of”.
Amend the summary of the bill to read as follows:
“SUMMARY—Establishes pilot program to evaluate desirability of providing additional exception to prohibition against practitioner referring patients to certain facilities in which practitioner has financial interest. (BDR 40-710)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Rawson, Titus and Nolan.
Senator Nolan moved that Senate Bill No. 156 be taken from the Second Reading File and placed on the Secretary’s desk.
Remarks by Senator Nolan.
Motion carried.
Senate Bill No. 175.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 93.
Amend the bill as a whole by deleting sections 2 and 3, renumbering sec. 4 as sec. 5, and adding new sections designated sections 2 through 4, following section 1, to read as follows:
“Sec.
2. 1. The Governor may appoint an
Advisory Committee on Nevada Homeland Security.
2. If the Governor appoints such a committee:
(a) The Governor shall appoint to the Advisory Committee a number of members that he determines to be appropriate, except that the Advisory Committee must include at least one member who is not employed in the field of law enforcement and is not otherwise affiliated with the field of law enforcement.
(b)
Notice of all meetings of the Advisory Committee must be given in the manner
required by chapter 241 of NRS and, except as otherwise provided in this
paragraph, all meetings of the Advisory Committee must be open to the public.
The Advisory Committee may hold a closed meeting or may close a portion of a
meeting to:
(1)
Receive security briefings; or
(2)
Discuss matters related to:
(I)
Responding to emergencies;
(II)
Mitigating vulnerability to acts of terrorism; or
(III)
Deficiencies in security as such deficiencies may pertain to public services,
infrastructure or facilities,
if the Advisory Committee determines that
considering such matters in an open meeting would create a substantial
likelihood of threatening the safety of the general public. The provisions of
this paragraph do not allow the Advisory Committee to hold a closed meeting or
to close a portion of a meeting for the purpose of making decisions of a financial
nature.
3. As used in this section, “act of terrorism”
means any act that involves the use or the threatened or attempted use of
sabotage, fear or violence and is intended to:
(a)
Intimidate or coerce a civilian population;
(b)
Disrupt, affect or influence the conduct or policy of a governmental entity by
intimidation or coercion; or
(c)
Retaliate against a governmental entity or cause widespread panic or civil
unrest through the substantial destruction, contamination, impairment or
disruption of:
(1)
Public infrastructure, communications, transportation, utilities or services;
or
(2)
Natural resources or the environment.
Sec. 3. 1. On or before February 15 of each year, the Governor shall:
(a)
Prepare a report setting forth:
(1)
The activities of the Advisory Committee on Nevada Homeland Security created
pursuant to section 2 of this act, if the Governor has created such an Advisory
Committee;
(2)
A detailed description of any matters with respect to which the Advisory
Committee held a closed meeting or closed a portion of a meeting, if any,
accompanied by an explanation of the reasons why the Advisory Committee
determined that the meeting or portion thereof needed to be closed; and
(3) A detailed description of each record or portion of a record determined to be confidential pursuant to section 4 of this act, if any, accompanied by an explanation of why each such record or portion of a record was determined to be confidential; and
(b) Submit a copy of the
report to the Director of the Legislative Counsel Bureau for transmittal to:
(1) If the Legislature
is in session, the standing committees of the Legislature which have
jurisdiction of the subject matter; or
(2)
If the Legislature is not in session, the Legislative Commission.
2. A report prepared or submitted pursuant to
subsection 1 and the contents of any such report are confidential and not
subject to inspection by the general public.
Sec. 4. Chapter 242 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection
3, records and portions of records that are assembled, maintained, overseen or
prepared by the Department to mitigate, prevent or respond to acts of
terrorism, the public disclosure of which would, in the determination of the
Director, create a substantial likelihood of threatening the safety of the
general public are confidential and not subject to inspection by the general
public to the extent that such records and portions of records consist of or include:
(a)
Information regarding the infrastructure and security of information systems,
including, without limitation:
(1)
Access codes, passwords and programs used to ensure the security of an
information system;
(2)
Access codes used to ensure the security of software applications;
(3)
Procedures and processes used to ensure the security of an information system;
and
(4)
Plans used to reestablish security and service with respect to an information
system after security has been breached or service has been interrupted.
(b)
Assessments and plans that relate specifically and uniquely to the
vulnerability of an information system or to the measures which will be taken
to respond to such vulnerability, including, without limitation, any compiled
underlying data necessary to prepare such assessments and plans.
(c)
The results of tests of the security of an information system, insofar as those
results reveal specific vulnerabilities relative to the information system.
2. The Director shall maintain or cause to be
maintained a list of each record or portion of a record that the Director has
determined to be confidential pursuant to subsection 1. The list described in
this subsection must be prepared and maintained so as to recognize the
existence of each such record or portion of a record without revealing the
contents thereof.
3. At least once each biennium, the Director
shall review the list described in subsection 2 and shall, with respect to each
record or portion of a record that the Director has determined to be
confidential pursuant to subsection 1:
(a)
Determine that the record or portion of a record remains confidential in
accordance with the criteria set forth in subsection 1;
(b)
Determine that the record or portion of a record is no longer confidential in
accordance with the criteria set forth in subsection 1; or
(c) If
the Director determines that the record
or portion of a record is obsolete, cause the record or portion of a record to
be disposed of in the manner described in NRS 239.073 to 239.125, inclusive.
4. As used in this section, “act of terrorism”
has the meaning ascribed to it in section 2 of this act.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public safety; authorizing the Governor to create an Advisory Committee on Nevada Homeland Security; requiring the Director of the Department of Information Technology to determine the confidentiality of certain records relating to the security of the State; requiring the Governor to prepare an annual report relating to the Advisory Committee and the records determined by the Director to be confidential; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY¾Makes various changes with respect to security of State of Nevada. (BDR 18‑536)”.
Senator Care moved the adoption of the amendment.
Remarks by Senators Care, Neal and Raggio.
Senator Raggio moved that Senate Bill No. 175 be taken from the Second Reading File and placed on the Secretary’s desk.
Remarks by Senator Raggio.
Motion carried.
Senate Bill No. 193.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 377.
Amend section 1, page 1, by deleting lines 9 and 10 and inserting:
“2. Any injury sustained by a member of the Nevada Legislature shall be deemed to have arisen out of and in the course of his employment as a Legislator if, at the”.
Amend section 1, page 1, line 12, by deleting “function” and inserting “event”.
Amend section 1, page 1, line 14, by deleting: “being compensated by” and inserting: “receiving remuneration from”.
Amend section 1, page 1, line 15, by deleting “function” and inserting “event”.
Amend section 1, page 1, line 16, by deleting “functions” and inserting “events”.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 616A.265 is hereby amended to read as follows:
616A.265
1. “Injury” or “personal injury”
means a sudden and tangible happening of a traumatic nature, producing an
immediate or prompt result which is established by medical evidence, including
injuries to prosthetic devices. [Any] Except as otherwise provided in subsection 3 and NRS 616A.185, any
injury sustained by an employee while engaging in an athletic or social
event sponsored by his employer shall be deemed not to have arisen out of or in
the course of employment unless the employee received remuneration for
participation in the event.
2. For the purposes of chapters 616A to 616D, inclusive, of NRS:
(a) Coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom, shall be deemed not to be an injury by accident sustained by an employee arising out of and in the course of his employment.
(b) The exposure of an employee to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment shall be deemed to be an injury by accident sustained by the employee arising out of and in the course of his employment.
(c) Except as otherwise provided in paragraph (d), the exposure to a contagious disease of a police officer or a salaried or volunteer fireman who was exposed to the contagious disease:
(1) Upon battery by an offender; or
(2) While performing the duties of a police officer or fireman,
shall be deemed to be an injury by accident sustained by the police officer or fireman arising out of and in the course of his employment if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to paragraph (a) of subsection 1 of NRS 616C.052. As used in this paragraph, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.
(d) If a police officer or a salaried or volunteer fireman tests positive for exposure to tuberculosis under the circumstances described in subsection 2 or 3 of NRS 616C.052, he shall be deemed to have sustained an injury by accident arising out of and in the course of his employment, unless the insurer can prove by a preponderance of the evidence that the exposure was not related to the employment of the police officer or fireman.
3. Any injury sustained by an employee of a
school district while engaging in an athletic or social event shall be deemed
to have arisen out of and in the course of his employment, whether or not the
employee received remuneration for participation in the event, if:
(a)
The event was sponsored by the school district, or the event was an
extracurricular activity which was sponsored or organized by a student class,
student group or student organization for an educational, recreational or
charitable purpose and which was reasonably related to the employee’s job with
the school district;
(b)
The employee participated in the event at the request of or with the concurrence
of supervisory personnel, whether the request or concurrence was oral or
written; and
(c) The employee participated in the event to enable the event to take place or to ensure the safety and well-being of any students of the school district.”.
Amend the title of the bill, third line, after “Legislature;” by inserting: “extending the coverage of industrial insurance for employees of school districts who engage in an athletic or social event under certain circumstances;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions regarding coverage of industrial insurance for certain employees. (BDR 53‑782)”.
Senator Schneider moved the adoption of the amendment.
Remarks by Senator Schneider.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 264.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 228.
Amend sec. 3, page 2, by deleting lines 1 through 18 and inserting:
“(a)
Determine whether offenders in the custody of the Department are suitable to
participate in a correctional program.
(b)
Determine whether parolees who are referred by the Chairman of the State Board
of Parole Commissioners pursuant to section 23 of this act are suitable to
participate in a correctional program as a condition of their parole.
(c)
Request that the Chairman of the State Board of Parole Commissioners assign to
a correctional program offenders and parolees determined by the Director to be
suitable to participate in a correctional program, under the terms and
conditions agreed upon by the Director and the Chairman, including, if
appropriate, supervision of the offenders and parolees by the Division during
their participation in the correctional program.
3. An offender or parolee may not be assigned to the custody of the Division to participate in a correctional program unless the Director grants prior approval of the assignment pursuant to this section.”.
Amend sec. 4, page 2, by deleting lines 19 through 43 and inserting:
“Sec. 4.
1. Except as otherwise provided in this section, if a correctional
program has been established by the Director in the county in which an offender
was sentenced to imprisonment, the Director may, after consulting with the
Division, determine that an offender is suitable to participate in the
correctional program if:
(a)
The Director believes that the offender would participate successfully in and
benefit from the correctional program;
(b)
The offender has demonstrated a willingness to:
(1)
Engage in employment or participate in vocational rehabilitation or job skills
training; and
(2)
Meet any existing obligation for restitution to any victim of his crime; and
(c)
The offender is within 2 years of his probable release from prison, as
determined by the Director.
2. Except as otherwise provided in this
section, if the Director determines that an offender is suitable to participate
in the correctional program, the Director shall request that the Chairman of
the State Board of Parole Commissioners assign the offender to the custody of
the Division to participate in the correctional program. The Chairman may
assign the offender to the custody of the Division to participate in the
correctional program for not longer than the remainder of his sentence.
3. The Director shall, by regulation, adopt standards setting forth which offenders are suitable to participate in the correctional program pursuant to this section. The standards adopted by the Director must be approved by the Board and must provide that an offender who:”.
Amend sec. 4, page 3, line 21, by deleting: “imposed by the Director.” and inserting: “agreed upon by the Director and the Chairman.”.
Amend sec. 4, page 3, line 24, by deleting: “imposed by the Director” and inserting: “agreed upon by the Director and the Chairman”.
Amend sec. 5, page 4, line 9, by deleting
“213.380,” and inserting: “213.380 [,] or other appropriate supervision as determined by the Division of
Parole and Probation,”.
Amend sec. 5, page 5, line 6, by deleting
“confinement:” and inserting: “confinement [:] or other appropriate supervision as determined by the Division of
Parole and Probation:”.
Amend sec. 10, page 8, line 12, by deleting
“prisoners” and inserting “[prisoners] offenders”.
Amend sec. 16, page 11, line 37, by deleting “25,” and inserting “24,”.
Amend sec. 17, page 11, line 40, by deleting “21,” and inserting “20,”.
Amend the bill as a whole by deleting sec. 21 and renumbering sections 22 through 30 as sections 21 through 29.
Amend sec. 22, page 12, line 30, by deleting “prisoners” and inserting “offenders”.
Amend sec. 24, page 12, line 36, by deleting “prisoner” and inserting “offender”.
Amend sec. 24, page 13, by deleting lines 3 through 27 and inserting:
“2. Except as otherwise provided in this
section, if the Chairman is notified by the Director pursuant to section 3 of
this act that a person is suitable to participate in a correctional program,
the Board may, in accordance with the provisions of this section:
(a) If
the person is an offender who is being considered for parole, upon the granting
of parole to the offender, require as a condition of parole that the offender
participate in and complete the correctional program; or
(b) If
the person is a parolee who has violated a term or condition of his parole,
order him to participate in and complete the correctional program as a
condition of the continuation of his parole and in lieu of revoking his parole
and returning him to confinement.
3. If an offender who has been assigned to the custody of the Division to participate in a correctional program pursuant to section 4 of this act is being considered for parole, the Board shall, if the Board grants parole to the offender, require as a condition of parole that he continue to participate in and complete the correctional program.”.
Amend sec. 26, page 14, by deleting line 6 and inserting:
“213.300
1. The Department of Corrections
[shall] may establish”.
Amend sec. 26, page 14, by deleting lines 17 and 18 and inserting:
“[3.
The Director is responsible for the quartering and supervision of
offenders enrolled in the program.]”.
Amend sec. 27, page 14, by deleting line 20 and inserting:
“213.310 1. [The
Director of the Department of Corrections] If a program is established by the Department pursuant to NRS 213.300,
the Director”.
Amend sec. 27, page 14, line 29, by deleting
“program.” and inserting: “program [.] , and the Director shall refer the names of those offenders to the
Chairman of the State Board of Parole Commissioners for release into the
program and, if appropriate, for residential confinement or other appropriate
supervision as determined by the Division of Parole and Probation of the
Department of Public Safety.”.
Amend sec. 29, page 15, by deleting line 29 and inserting:
“213.320 1. [The
Director of the Department of Corrections] If a program is established by the Department pursuant to NRS 213.300,
the Director”.
Amend sec. 29, page 15, by deleting lines 34 through 37 and inserting:
“(b) Effect placement of offenders under the program; and
(c) Generally promote public understanding and acceptance of”.
Amend sec. 30, page 16, by deleting lines 5 through 12 and inserting:
“(a) [To pay the cost of quartering, feeding and clothing the
offender.
(b)] To allow the offender necessary travel expense to and
from work and his other incidental expenses.
[(c)] (b) To
support the offender’s dependents.
[(d)] (c) To pay, either in full or ratably, the offender’s
obligations”.
Amend the bill as a whole by deleting sec. 31 and renumbering sections 32 through 40 as sections 30 through 38.
Amend sec. 32, page 16, by deleting lines 35 and 36 and inserting:
“(b) Going to such employment .
[from the place where he is quartered or returning therefrom.]”.
Amend sec. 33, page 17, line 2, by deleting:
“or his designated quarters” and inserting: “[or his designated quarters]”.
Amend sec. 34, page 17, line 9, by deleting: “22 to 25,” and inserting: “21 to 24,”.
Amend sec. 34, page 17, line 11, by deleting: “22 and 23” and inserting: “21 and 22”.
Amend sec. 39, page 18, line 41, by deleting “24” and inserting “23”.
Amend sec. 40, page 19, line 24, by deleting “24” and inserting “23”.
Amend sec. 40, page 19, line 32, by deleting “prisoners” and inserting “offenders”.
Amend sec. 40, page 19, line 35, by deleting
“prisoners” and inserting “[prisoners] offenders”.
Amend the bill as a whole by adding a new section designated sec. 39 and the text of the repealed section, following sec. 40, to read as follows:
“Sec. 39. NRS 213.340 is hereby repealed.
TEXT OF REPEALED SECTION
213.340 Contracts for quartering enrollees; suitable facilities required.
1. The Director of the Department of Corrections may contract with the governing bodies of political subdivisions in this state for quartering in suitable local facilities the offenders enrolled in programs of work release. Each such facility must satisfy standards established by the Director to assure secure custody of offenders quartered therein.
2. The Director shall not enroll any offender in the program of work release unless he has determined that suitable facilities for quartering the offender are available in the locality where the offender has employment or the offer of employment.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the Department of Corrections; authorizing the Director of the Department of Corrections to establish a correctional program for the reentry of offenders and parolees into the community; allowing the Director to assign certain offenders to serve a term of residential confinement or other appropriate supervision; making various changes to the provisions governing programs of work release; making various other changes to provisions pertaining to the Department; and providing other matters properly relating thereto.”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 289.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 265.
Amend the bill as a whole by deleting sections 1 through 6 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. 1. The Legislative Commission shall conduct an interim study of the feasibility of establishing a State Health Authority to plan for a single payer health care system and for the expansion of the Medicaid program. The Legislative Commission shall create a subcommittee to carry out the study.
2. The subcommittee must consist of:
(a) Two members of the Assembly appointed by the Legislative Commission;
(b) Two members of the Senate appointed by the Legislative Commission; and
(c) Four members appointed by the Governor.
3. The study must include, without limitation, the feasibility of establishing a State Health Authority to:
(a) Plan for the provision of health care services to the residents of this state;
(b) Develop a plan for the State of Nevada to purchase all health care services for residents of this state, including, without limitation, a method for funding the plan;
(c) Develop a plan to expand Medicaid to provide all optional services that it is authorized to provide pursuant to federal law; and
(d) Develop a plan to provide health insurance to residents of this state whose incomes are under 300 percent of the federally designated level signifying poverty and who but for their income are otherwise eligible for benefits pursuant to Medicaid.
4. Members of the subcommittee who are appointed by the Governor serve without salary, but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the subcommittee.
5. The subcommittee shall submit a report of the results of the study and any recommendations for legislation to the Legislative Commission on or before September 1, 2004.
Sec. 2. This act becomes effective on July 1, 2003.”.
Amend the title of the bill by deleting the first line and inserting:
“AN ACT relating to health care; directing the Legislative Commission to appoint a subcommittee to study the feasibility of establishing a”.
Amend the summary of the bill to read as follows:
“SUMMARY—Directs Legislative Commission to appoint subcommittee to study feasibility of establishing State Health Authority to plan for single payer health care system and for expansion of Medicaid program. (BDR S‑720)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senator Rawson moved that Senate Bill No. 289 be re-referred to the Committee on Legislative Affairs and Operations upon return from reprint.
Remarks by Senator Rawson.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Washington moved that Senate Bill No. 131 be re-referred to the Committee on Legislative Affairs and Operations upon return from reprint.
Remarks by Senator Washington.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 319.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 112.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 through 8 as sections 1 through 7.
Amend sec. 2, page 2, by deleting line 35 and inserting:
“7. A policy that is not subject to taxation pursuant to NRS 680B.025.”.
Amend sec. 3, page 2, by deleting line 42 and inserting: “Commissioner. If practicable, one of the members of the Board must be an”.
Amend sec. 4, page 3, line 31, by deleting “One” and inserting: “If practicable, one”.
Amend sec. 4, page 3, line 32, by deleting “be the” and inserting “be an”.
Amend the bill as a whole by renumbering sec. 9 as sec. 10 and adding new sections designated sections 8 and 9, following sec. 8, to read as follows:
“Sec. 8. NRS 616C.330 is hereby amended to read as follows:
616C.330 1. The hearing officer shall:
(a) Within 5 days after receiving a request
for a hearing, set the hearing for a date and time within 30 days after his
receipt of the request [;] and at
a place in Reno, Nevada, or Las Vegas, Nevada, or any other place of
convenience to the parties, as determined by the hearing officer;
(b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled; and
(c) Conduct hearings expeditiously and informally.
2. The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada Attorney for Injured Workers.
3. If necessary to resolve a medical question concerning an injured employee’s condition or to determine the necessity of treatment for which authorization for payment has been denied, the hearing officer may refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians and chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any medical examination requested by the hearing officer.
4. If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the hearing officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.
5. The hearing officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.
6. The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.
7. The hearing officer shall render his decision within 15 days after:
(a) The hearing; or
(b) He receives a copy of the report from the medical examination he requested.
8. The hearing officer shall render his decision in the most efficient format developed by the Chief of the Hearings Division of the Department of Administration.
9. The hearing officer shall give notice of his decision to each party by mail. He shall include with the notice of his decision the necessary forms for appealing from the decision.
10. Except as otherwise provided in NRS 616C.380, the decision of the hearing officer is not stayed if an appeal from that decision is taken unless an application for a stay is submitted by a party. If such an application is submitted, the decision is automatically stayed until a determination is made on the application. A determination on the application must be made within 30 days after the filing of the application. If, after reviewing the application, a stay is not granted by the hearing officer or an appeals officer, the decision must be complied with within 10 days after the refusal to grant a stay.
Sec. 9. NRS 616C.345 is hereby amended to read as follows:
616C.345 1. Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by filing a notice of appeal with an appeals officer within 30 days after the date of the decision.
2. If a dispute is required to be submitted to a procedure for resolving complaints pursuant to NRS 616C.305 and:
(a) A final determination was rendered pursuant to that procedure; or
(b) The dispute was not resolved pursuant to that procedure within 14 days after it was submitted,
any party to the dispute may file a notice of appeal within 70 days after the date on which the final determination was mailed to the employee, or his dependent, or the unanswered request for resolution was submitted. Failure to render a written determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.
3. Except as otherwise provided in NRS 616C.380, the filing of a notice of appeal does not automatically stay the enforcement of the decision of a hearing officer or a determination rendered pursuant to NRS 616C.305. The appeals officer may order a stay, when appropriate, upon the application of a party. If such an application is submitted, the decision is automatically stayed until a determination is made concerning the application. A determination on the application must be made within 30 days after the filing of the application. If a stay is not granted by the officer after reviewing the application, the decision must be complied with within 10 days after the date of the refusal to grant a stay.
4.
Except as otherwise provided in [this subsection,] subsection 5, the appeals officer shall,
within 10 days after receiving a notice of appeal pursuant to this section or a
contested claim pursuant to subsection 5 of NRS 616C.315 [, schedule]
:
(a)
Schedule a hearing on the merits of the appeal or contested claim for a
date and time within 90 days after his receipt of the notice and at a place in Reno, Nevada, or Las
Vegas, Nevada, or any other place of convenience to the parties, as determined
by the appeals officer; and [give]
(b) Give notice by mail or by personal service to all parties to the matter and their attorneys or agents at least 30 days before the date and time scheduled.
5. A request to schedule the hearing for a date and time which is:
(a) Within 60 days after the receipt of the notice of appeal or contested claim; or
(b) More than 90 days after the receipt of the notice or claim,
may be submitted to the appeals officer only if all parties to the appeal or contested claim agree to the request.
[5.] 6. An appeal or contested
claim may be continued upon written stipulation of all parties, or upon good
cause shown.
[6.] 7. Failure to file a
notice of appeal within the period specified in subsection 1 or 2 may be
excused if the party aggrieved shows by a preponderance of the evidence that he
did not receive the notice of the determination and the forms necessary to
appeal the determination. The claimant, employer or insurer shall notify the
hearing officer of a change of address.”.
Amend the title of the bill to read as follows:
“AN ACT relating to insurance; providing an exception to the counter-signature requirement for certain types of insurance; revising the membership of certain boards; providing that any refund of an assessment by the Division of Industrial Relations of the Department of Business and Industry must include payment for interest earned; providing that hearings officers and appeals officers shall designate the location of certain hearings; requiring the Commissioner of Insurance to conduct a study relating to the Investments of Insurers Model Act adopted by the National Association of Insurance Commissioners; and providing other matters properly relating thereto.”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senators Townsend and Amodei.
Senator Amodei moved that Senate Bill No. 319 be moved to the bottom of the Second Reading File.
Motion carried.
Senate Bill No. 332.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 263.
Amend sec. 3, page 2, by deleting line 4 and
inserting: “licensed only to act in an
administrative capacity as an:
1. Officer or employee of a state agency; or
2. Independent contractor pursuant to a contract with the State.”.
Amend sec. 7, page 3, line 14, by deleting
“Has” and inserting: “[Has] Is
certified by a specialty board of the American Board of Medical Specialties or
has”.
Amend sec. 8, page 4, lines 7 and 8, by
deleting: “requirement of subparagraph
(1) of” and inserting: “[requirement] requirements of”.
Amend sec. 8, page 4, line 37, by deleting:
“requirement of subparagraph (1) of”
and inserting: “[requirement] requirements
of”.
Amend sec. 9, page 5, line 29, by deleting:
“requirement set forth in subparagraph
(1) of” and inserting: “[requirement] requirements set forth in”.
Amend sec. 11, page 6, line 18, by deleting: “on July 1, 2003.” and inserting: “upon passage and approval.”.
Amend the title of the bill, third line, after “physicians;” by inserting: “revising certain requirements for the issuance of a license to practice medicine;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises qualifications of State Health Officer, clarifies restrictions on use of “M.D.” title and makes various changes relating to licensure of physicians. (BDR 40‑1036)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 336.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 527.
Amend the bill as a whole by renumbering section 1 as sec. 5 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
“Section 1. NRS 533.360 is hereby amended to read as follows:
533.360
1. Except as otherwise provided
in subsection 4, NRS 533.345 and subsection [3] 4 of NRS 533.370, when an application is filed in compliance with
this chapter , the State Engineer
shall, within 30 days, publish or cause to be published once a week for 4
consecutive weeks in a newspaper of general circulation and printed and
published in the county where the water is sought to be appropriated, a notice
of the application [,] which sets forth:
(a) That the application has been filed.
(b) The date of the filing.
(c) The name and address of the applicant.
(d) The name of the source from which the appropriation is to be made.
(e) The location of the place of diversion, described by legal subdivision or metes and bounds and by a physical description of that place of diversion.
(f) The purpose for which the water is to be appropriated.
The publisher shall add thereto the date of the first publication and the date of the last publication.
2. Except as otherwise provided in subsection 4, proof of publication must be filed within 30 days after the final day of publication. The State Engineer shall pay for the publication from the application fee. If the application is cancelled for any reason before publication, the State Engineer shall return to the applicant that portion of the application fee collected for publication.
3. If the application is for a proposed well:
(a) For municipal, quasi-municipal or industrial use; and
(b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,
the applicant shall mail a copy of the notice of application to each owner of real property containing a domestic well that is within 2,500 feet of the proposed well, to his address as shown in the latest records of the county assessor. If there are not more than six such wells, notices must be sent to each owner by certified mail, return receipt requested. If there are more than six such wells, at least six notices must be sent to owners by certified mail, return receipt requested. The return receipts from these notices must be filed with the State Engineer before he may consider the application.
4. The provisions of this section do not apply to an environmental permit.
Sec. 2. NRS 533.370 is hereby amended to read as follows:
533.370 1. Except as otherwise provided in this section and NRS 533.345, 533.371, 533.372 and 533.503, the State Engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:
(a) The application is accompanied by the prescribed fees;
(b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the efficiency of the district in its delivery or use of water; and
(c) The applicant provides proof satisfactory to the State Engineer of:
(1) His intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and
(2) His financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.
2.
Except as otherwise provided in subsection [6,] 7, the State Engineer shall approve or
reject each application within 1 year after the final date for filing a
protest. However:
(a) Action may be postponed by the State
Engineer upon written authorization to do so by the applicant or, if an
application is protested, by the protestant and the applicant; [and]
(b) Action
may be postponed by the State Engineer if the purpose for which the application
was made is municipal use; and
(c) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368 or where court actions are pending, the State Engineer may withhold action until it is determined there is unappropriated water or the court action becomes final.
3. If the State Engineer does not act upon an
application within 1 year after the final date for filing a protest, the
application remains active until acted upon by the State Engineer.
4. Except as otherwise provided in
subsection [6,] 7, where there
is no unappropriated water in the proposed source of supply, or where its
proposed use or change conflicts with existing rights, or with protectible
interests in existing domestic wells as set forth in NRS 533.024, or threatens
to prove detrimental to the public interest, the State Engineer shall reject
the application and refuse to issue the requested permit. If a previous
application for a similar use of water within the same basin has been rejected
on those grounds, the new application may be denied without publication.
[4.] 5. In determining whether
an application for an interbasin transfer of ground water must be rejected
pursuant to this section, the State Engineer shall consider:
(a) Whether the applicant has justified the need to import the water from another basin;
(b) If the State Engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;
(c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;
(d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and
(e) Any other factor the State Engineer determines to be relevant.
[5.] 6. If a hearing is held
regarding an application, the decision of the State Engineer must be in writing
and include findings of fact, conclusions of law and a statement of the
underlying facts supporting the findings of fact. The written decision may take
the form of a transcription of an oral ruling. The rejection or approval of an
application must be endorsed on a copy of the original application, and a
record must be made of the
endorsement in the records of the State Engineer. The copy of the application
so endorsed must be returned to the applicant. Except as otherwise provided in
subsection [7,] 8, if the application
is approved, the applicant may, on receipt thereof, proceed with the
construction of the necessary works and take all steps required to apply the
water to beneficial use and to perfect the proposed appropriation. If the
application is rejected, the applicant may take no steps toward the prosecution
of the proposed work or the diversion and use of the public water while the
rejection continues in force.
[6.] 7. The provisions of
subsections 1 to [4,] 5,
inclusive, do not apply to an application for an environmental permit.
[7.] 8. The provisions of
subsection [5] 6 do not
authorize the recipient of an approved application to use any state land
administered by the Division of State Lands of the State Department of
Conservation and Natural Resources without the appropriate authorization for
that use from the State Land Registrar.
[8.] 9. As used in this
section, “interbasin transfer of ground water” means a transfer of ground water
for which the proposed point of diversion is in a different basin than the
proposed place of beneficial use.
Sec. 3. NRS 533.386 is hereby amended to read as follows:
533.386 1. The State Engineer shall confirm that the report of conveyance required by paragraph (a) of subsection 1 of NRS 533.384 includes all material required by that subsection and that:
(a) The report is accompanied by the prescribed fee;
(b) No conflict exists in the chain of title that can be determined by the State Engineer from the conveyance documents or from other information on file in the office of the State Engineer; and
(c) The State Engineer is able to determine the rate of diversion and the amount of water conveyed in acre-feet or million gallons from the conveyance documents or from other information on file in the office of the State Engineer.
2. If the State Engineer confirms a report of
conveyance pursuant to subsection 1, he shall in a timely manner provide a
notice of the confirmation to the person who submitted the report of
conveyance. The notice must include, without limitation, a statement indicating
that neither the confirmation of the report of conveyance nor the report of
conveyance, if the report sets forth the amount of water conveyed, guarantees
that:
(a)
The water right is in good standing with the office of the State Engineer; or
(b) The amount of water referenced in the notice or in the report of conveyance is the actual amount of water that a person is entitled to use upon conveyance of the application or permit to appropriate any of the public waters, the certificate of appropriation, the adjudicated or unadjudicated water right, or the application or permit to change the place of diversion, manner of use or place of use of water.
3. If the State Engineer determines that the report of conveyance is deficient, he shall reject the report of conveyance and return it to the person who submitted it with:
(a) An explanation of the deficiency; and
(b) A notice stating that the State Engineer
will not confirm a report of conveyance that has been rejected unless the report
is resubmitted with the material required to cure the deficiency. The notice
must also include a statement of the provisions of subsection [3.] 4.
[3.] 4. The State Engineer
shall not consider or treat the person to whom:
(a) An application or permit to appropriate any of the public waters;
(b) A certificate of appropriation;
(c) An adjudicated or unadjudicated water right; or
(d) An application or permit to change the place of diversion, manner of use or place of use of water,
is conveyed as the owner or holder of the application, right, certificate or permit for the purposes of this chapter, including, without limitation, all advisements and other notices required of the State Engineer and the granting of permits to change the place of diversion, manner of use or place of use of water, until a report of the conveyance is confirmed pursuant to subsection 1.
Sec. 4. NRS 538.171 is hereby amended to read as follows:
538.171 1. The Commission shall receive, protect and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests or benefits in and to the waters described in NRS 538.041 to 538.251, inclusive, and to the power generated thereon, held by or which may accrue to the State of Nevada under and by virtue of any Act of the Congress of the United States or any agreements, compacts or treaties to which the State of Nevada may become a party, or otherwise.
2.
Except as otherwise provided in this subsection, applications for the
original appropriation of such waters, or to change the place of diversion,
manner of use or place of use of water covered by the original appropriation,
must be made to the Commission in accordance with the regulations of the
Commission. In considering such an application, the Commission shall use the
criteria set forth in subsection [3] 4
of NRS 533.370. The Commission’s action on the application constitutes the
recommendation of the State of Nevada to the United States for the purposes of
any federal action on the matter required by law. The provisions of this
subsection do not apply to supplemental water.
3. The Commission shall furnish to the State Engineer a copy of all agreements entered into by the Commission concerning the original appropriation and use of such waters. It shall also furnish to the State Engineer any other information it possesses relating to the use of water from the Colorado River which the State Engineer deems necessary to allow him to act on applications for permits for the subsequent appropriation of these waters after they fall within the State Engineer’s jurisdiction.
4. Notwithstanding any provision of chapter 533 of NRS, any original appropriation and use of the waters described in subsection 1 by the Commission or by any entity to whom or with whom the Commission has contracted the water is not subject to regulation by the State Engineer.”.
Amend the bill as a whole by renumbering section 2 as section 7 and adding a new section designated sec. 6, following section 1, to read as follows:
“Sec. 6. The amendatory provisions of section 2 of this act apply to:
1.
Each application described in NRS 533.370 that is made on or after July
1, 2003; and
2. Each such application that is pending with the office of the State Engineer on July 1, 2003.”.
Amend sec. 2, page 2, by deleting lines 12 and 13 and inserting:
“Sec. 7. 1. This act becomes effective on July 1, 2003.
2. Section 5 of this act expires by limitation on June 30, 2005.”.
Amend the title of the bill to read as follows:
“AN ACT relating to water; authorizing the State Engineer to postpone action on certain applications for water rights; providing that certain applications for water rights remain active until acted upon by the State Engineer; requiring the State Engineer to provide certain notices to persons who submitted reports of conveyance if he confirms those reports; requiring the State Engineer to quantify in acre-feet certain water rights, to give certain persons notice concerning those water rights and to file a notice concerning those water rights with the office of the county recorder of the county in which the water is appropriated; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes relating to water rights. (BDR 48‑848)”.
Senator Hardy moved the adoption of the amendment.
Remarks by Senators Hardy and Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 351.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 379.
Amend the bill as a whole by deleting sections 1 through 49 and adding new sections designated sections 1 through 28, following the enacting clause, to read as follows:
“Section 1. NRS 622.010 is hereby amended to read as follows:
622.010 As used in this chapter, unless the context otherwise requires, “occupational licensing board” includes, without limitation:
1. The State Board of Architecture, Interior Design and Residential Design.
2. The State Board of Landscape Architecture.
3. The State Contractors’ Board.
4. The State Board of Professional Engineers and Land Surveyors.
5. The Board of Registered Environmental Health Specialists.
6. The Nevada State Board of Accountancy.
7. The Board of Medical Examiners.
8. The Board of Homeopathic Medical Examiners.
9. The Board of Dental Examiners of Nevada.
10. The State Board of Nursing.
11. The State Board of Osteopathic Medicine.
12. The Chiropractic Physicians’ Board of Nevada.
13. The State Board of Oriental Medicine.
14. The State Board of Podiatry.
15. The Nevada State Board of Optometry.
16. The Board of Dispensing Opticians.
17. The Board of Hearing Aid Specialists.
18. The Board of Examiners for Audiology and Speech Pathology.
19. The Nevada State Board of Veterinary Medical Examiners.
20. The State Board of Pharmacy.
21. The State Board of Physical Therapy Examiners.
22. The Board of Occupational Therapy.
23. The Board of Psychological Examiners.
24. The Board of Examiners for Marriage and Family Therapists.
25. The Board of Examiners for Social Workers.
26.
The Board of Examiners for Alcohol [and Drug Abuse Counselors.] , Drug and Gambling Counselors.
27. The State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories.
28. The State Barbers’ Health and Sanitation Board.
29. The State Board of Cosmetology.
30. The Real Estate Division of the Department of Business and Industry.
31. The Commissioner of Financial Institutions.
32. The Private Investigator’s Licensing Board.
33. The Health Division of the Department of Human Resources.
34. The Nevada State Board of Examiners for Administrators of Facilities for Long-Term Care.
35. The Certified Court Reporters’ Board of Nevada.
Sec. 2. NRS 641.029 is hereby amended to read as follows:
641.029 The provisions of this chapter do not apply to:
1. A physician who is licensed to practice in this state;
2. A person who is licensed to practice dentistry in this state;
3. A person who is licensed as a marriage and family therapist pursuant to chapter 641A of NRS;
4. A person who is licensed to engage in social work pursuant to chapter 641B of NRS;
5. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
6. A
person who is licensed or certified as an alcohol and drug abuse counselor or
certified as an alcohol and drug abuse counselor intern , a problem gambling counselor or a problem gambling counselor intern
pursuant to chapter 641C of NRS; or
7. Any clergyman,
if such a person does not commit an act described in NRS 641.440 or represent himself as a psychologist.
Sec. 3. NRS 641B.040 is hereby amended to read as follows:
641B.040 The provisions of this chapter do not apply to:
1. A physician who is licensed to practice in this state;
2. A nurse who is licensed to practice in this state;
3. A person who is licensed as a psychologist pursuant to chapter 641 of NRS;
4. A person who is licensed as a marriage and family therapist pursuant to chapter 641A of NRS;
5. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
6. A person who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern , a problem gambling counselor or a problem gambling counselor intern pursuant to chapter 641C of NRS;
7. Any clergyman;
8. A county welfare director;
9. Any person who may engage in social work or clinical social work in his regular governmental employment but does not hold himself out to the public as a social worker; or
10. A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the Board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275. Such a student must be designated by the title “student of social work” or “trainee in social work,” or any other title which clearly indicates his training status.
Sec. 4. Chapter 641C of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 9, inclusive, of this act.
Sec. 5.
“Practice of counseling problem
gamblers” means the application of counseling to reduce or eliminate problem
gambling.
Sec. 6.
“Problem gambling” means
persistent and recurrent maladaptive behavior relating to gambling that causes
disruptions in any major area of life, including, without limitation, the
psychological, social or vocational areas of life.
Sec. 7.
The Board may issue a certificate
as a problem gambling counselor to:
1. A person who:
(a) Is
not less than 21 years of age;
(b) Is
a citizen of the United States or is lawfully entitled to remain and work in
the United States;
(c)
Has received a bachelor’s degree, master’s degree or a doctoral degree from an
accredited college or university in a field of social science approved by the
Board;
(d)
Has completed not less than 60 hours of training specific to problem gambling
approved by the Board;
(e)
Has completed at least 2,000 hours of supervised counseling of problem gamblers
in a setting approved by the Board;
(f)
Passes the written examination prescribed by the Board pursuant to NRS
641C.290;
(g)
Presents himself when scheduled for an interview at a meeting of the Board;
(h)
Pays the fees required pursuant to NRS 641C.470; and
(i)
Submits the statement required pursuant to NRS 641C.280.
2. A person who:
(a) Is
not less than 21 years of age;
(b) Is
a citizen of the United States or is lawfully entitled to remain and work in
the United States;
(c) Is
licensed as:
(1)
A clinical social worker pursuant to chapter 641B of NRS;
(2)
A marriage and family therapist pursuant to chapter 641A of NRS;
(3)
A physician pursuant to chapter 630 of NRS;
(4)
A nurse pursuant to chapter 632 of NRS and has received a master’s degree or a
doctoral degree from an accredited college or university;
(5)
A psychologist pursuant to chapter 641 of NRS; or
(6)
An alcohol and drug abuse counselor pursuant to this chapter;
(d)
Has completed not less than 60 hours of training specific to problem gambling
approved by the Board;
(e)
Has completed at least 1,000 hours of supervised counseling of problem gamblers
in a setting approved by the Board;
(f)
Passes the written examination prescribed by the Board pursuant to NRS
641C.290;
(g)
Pays the fees required pursuant to NRS 641C.470; and
(h) Submits the statement required pursuant to NRS 641C.280.
Sec. 8. 1. A
certificate as a problem gambling counselor is valid for 2 years and may
be renewed.
2. A certified problem gambling counselor may:
(a)
Engage in the practice of counseling problem gamblers;
(b)
Assess and evaluate a person as a problem gambler; and
(c) If
approved by the Board, supervise certified problem gambling counseling interns.
Sec. 9.
1. The Board may issue a certificate as a problem gambling counselor
intern to a person who:
(a) Is
not less than 21 years of age;
(b) Is
a citizen of the United States or is lawfully entitled to remain and work in the
United States;
(c)
Submits proof to the Board that he:
(1)
Has received a bachelor’s degree, master’s degree or a doctoral degree from an
accredited college or university in a field of social science approved by the
Board; or
(2)
Is enrolled in a program at an accredited college or university from which he
will receive a bachelor’s degree, master’s degree or a doctoral degree in a
field of social science approved by the Board;
(d)
Has completed not less than 30 hours of training specific to problem gambling
approved by the Board;
(e)
Demonstrates that a certified problem gambling counselor approved by the Board
has agreed to supervise him in a setting approved by the Board;
(f)
Pays the fees required pursuant to NRS 641C.470; and
(g)
Submits the statement required pursuant to NRS 641C.280.
2. A certificate as a problem gambling
counselor intern is valid for 1 year and, except as otherwise provided in
subsection 3, may be renewed.
3. A certificate as a problem gambling
counselor intern issued to a person on the basis that he is enrolled in a
program at an accredited college or university from which he will receive a
bachelor’s degree, master’s degree or a doctoral degree in a field of social
science approved by the Board may be renewed not more than nine times.
4. A certified problem gambling counselor
intern may, under the supervision of a certified problem gambling counselor:
(a)
Engage in the practice of counseling problem gamblers; and
(b)
Assess and evaluate a person as a problem gambler.
Sec. 10. NRS 641C.010 is hereby amended to read as follows:
641C.010
The practice of counseling alcohol and drug abusers [is] and the practice of counseling problem
gamblers are hereby declared to be [a learned profession,] learned professions affecting public
health, safety and welfare and [is] are
subject to regulation to protect the public from the practice of counseling
alcohol and drug abusers and the practice
of counseling problem gamblers by unqualified persons and from
unprofessional conduct by persons who are licensed or certified to engage in
the practice of counseling alcohol and drug abusers [.] or certified to
engage in the practice of counseling problem gamblers.
Sec. 11. NRS 641C.020 is hereby amended to read as follows:
641C.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641C.030 to 641C.100, inclusive, and sections 5 and 6 of this act have the meanings ascribed to them in those sections.
Sec. 12. NRS 641C.030 is hereby amended to read as follows:
641C.030
“Board” means the Board of Examiners for Alcohol [and Drug Abuse]
, Drug and Gambling Counselors.
Sec. 13. NRS 641C.040 is hereby amended to read as follows:
641C.040
“Certificate” means a certificate issued to a person who is certified as
an alcohol and drug abuse counselor , [or]
an alcohol and drug abuse counselor intern
[.] , a problem gambling
counselor or a problem gambling counselor intern.
Sec. 14. NRS 641C.050 is hereby amended to read as follows:
641C.050 “Certified counselor” means a person who is certified as an alcohol and drug abuse counselor or a problem gambling counselor pursuant to the provisions of this chapter.
Sec. 15. NRS 641C.060 is hereby amended to read as follows:
641C.060 “Certified intern” means a person who is certified as an alcohol and drug abuse counselor intern or a problem gambling counselor intern pursuant to the provisions of this chapter.
Sec. 16. NRS 641C.130 is hereby amended to read as follows:
641C.130 The provisions of this chapter do not apply to:
1. A physician who is licensed pursuant to the provisions of chapter 630 of NRS;
2. A
nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is
authorized by the State Board of Nursing to engage in the practice of
counseling alcohol and drug abusers [;] or the practice of counseling problem
gamblers;
3. A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS;
4. A
marriage and family therapist who is licensed pursuant to the provisions of
chapter 641A of NRS and is authorized by the Board of Examiners for Marriage
and Family Therapists to engage in the practice of counseling alcohol and drug
abusers [;] or the practice of counseling problem
gamblers; or
5. A
person who is licensed as a clinical social worker pursuant to the provisions
of chapter 641B of NRS and is authorized by the Board of Examiners for Social
Workers to engage in the practice of counseling alcohol and drug abusers [.] or the practice of counseling problem gamblers.
Sec. 17. NRS 641C.150 is hereby amended to read as follows:
641C.150
1. The Board of Examiners for
Alcohol [and Drug Abuse] , Drug
and Gambling Counselors, consisting of [five] seven members appointed by the Governor, is hereby created.
2. The Board must consist of:
(a) Three members who are licensed as alcohol and drug abuse counselors pursuant to the provisions of this chapter;
(b) One member who is certified as an
alcohol and drug abuse counselor pursuant to the provisions of this chapter; [and]
(c) Two
members who are licensed pursuant to chapter 630, 632, 641, 641A or 641B of NRS
and certified as problem gambling counselors pursuant to the provisions of this
chapter; and
(d) One member who is a representative of the general public.
3. A person may not be appointed to the Board unless he is:
(a) A citizen of the United States or is lawfully entitled to remain and work in the United States; and
(b) A resident of this state.
4.
No member of the Board may be held liable in a civil action for any act
that he performs in good faith in the execution of his duties pursuant to the
provisions of this chapter.
Sec. 18. NRS 641C.200 is hereby amended to read as follows:
641C.200 1. The Board shall adopt such regulations as are necessary to carry out the provisions of this chapter, including, without limitation, regulations that prescribe:
[1.] (a) The ethical standards for licensed and certified counselors and
certified interns; and
[2.] (b) The requirements for continuing education for the renewal,
restoration or reinstatement of a license or certificate.
2. The Board may adopt regulations that
prescribe:
(a)
The contents of a written examination concerning the practice of counseling
problem gamblers;
(b)
The grounds for initiating disciplinary action against a certified problem
gambling counselor or certified problem gambling counselor intern; and
(c)
Disciplinary procedures for certified problem gambling counselors and certified
problem gambling counselor interns, including the suspension, revocation and
reinstatement of a certificate as a problem gambling counselor or problem
gambling counselor intern.
Sec. 19. NRS 641C.290 is hereby amended to read as follows:
641C.290 1. Each applicant for a license or certificate as an alcohol and drug abuse counselor must pass a written and oral examination concerning his knowledge of the practice of counseling alcohol and drug abusers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.
2. Each applicant for a certificate as a
problem gambling counselor must pass a written examination concerning his
knowledge of the practice of counseling problem gamblers, the applicable
provisions of this chapter and any applicable regulations adopted by the Board
pursuant to the provisions of this chapter.
3. The Board shall:
(a) Examine applicants at least two times each year.
(b) Establish the time and place for the examinations.
(c) Provide such books and forms as may be necessary to conduct the examinations.
(d) Establish, by regulation, the requirements for passing the examination.
[3.] 4. The Board may employ
other persons to conduct the examinations.
Sec. 20. NRS 641C.450 is hereby amended to read as follows:
641C.450
Except as otherwise provided in NRS 641C.320 [,] and
section 9 of this act, a person may renew his license or certificate
by submitting to the Board:
1. An application for the renewal of his license or certificate;
2. The fee for the renewal of a license or certificate prescribed in NRS 641C.470;
3. Evidence of his completion of the continuing education required by the Board;
4. If the applicant is a certified intern, the name of the licensed or certified counselor who supervises him; and
5. The statement required pursuant to NRS 641C.280.
Sec. 21. NRS 641C.470 is hereby amended to read as follows:
641C.470 1. The Board shall charge and collect not more than the following fees:
For the initial application for a license or certificate $150
For the issuance of a provisional license or certificate 125
For the issuance of an initial license or certificate 60
For the renewal of a license or certificate as an alcohol and drug abuse counselor or a certificate as a problem gambling counselor 300
For the renewal of a certificate as an alcohol and drug abuse counselor intern or a problem gambling counselor intern 75
For the renewal of a delinquent license or certificate 75
For the restoration of an expired license or certificate 150
For the restoration or reinstatement of a suspended or revoked license or certificate 300
For the issuance of a license or certificate without examination 150
For an examination 150
2. The fees charged and collected pursuant to this section are not refundable.
Sec. 22. NRS 641C.900 is hereby amended to read as follows:
641C.900 1. Except as otherwise provided in subsection 2, a person shall not engage in the practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers unless he is a licensed counselor, certified counselor or certified intern.
2. A person may engage in the practice of counseling alcohol and drug abusers under the supervision of a licensed counselor or the practice of counseling problem gamblers under the supervision of a certified counselor for not more than 30 days if that person:
(a) Is qualified to be licensed or certified
[as an alcohol and drug abuse counselor or certified as an alcohol and drug
abuse counselor intern] pursuant to the provisions of this chapter; and
(b) Submits an application to the Board for
a license or certificate [as an alcohol and drug abuse counselor or a
certificate as an alcohol and drug abuse counselor intern] pursuant to the
provisions of this chapter.
Sec. 23. NRS 641C.910 is hereby amended to read as follows:
641C.910 1. A person shall not:
(a) Hold himself out to [the] a member of the general public as an
alcohol and drug abuse counselor , [or]
alcohol and drug abuse counselor intern [;] , problem gambling counselor or problem
gambling counselor intern;
(b) Use the title “alcohol and drug abuse
counselor,” “alcohol and drug abuse counselor intern,” “drug abuse counselor,”
“substance abuse counselor [”] ,”
“problem gambling counselor,” “problem gambling counselor intern,” “gambling
counselor” or any similar title in connection with his work; or
(c) Imply in any way that he is licensed or certified by the Board,
unless he is licensed or certified by the Board pursuant to the provisions of this chapter.
2. If the Board believes that any person has violated or is about to violate the provisions of subsection 1, it may bring an action in a court of competent jurisdiction to enjoin that person from engaging in or continuing the violation. An injunction:
(a) May be issued without proof of actual damage sustained by any person.
(b) Does not prevent the criminal prosecution and punishment of a person who violates the provisions of subsection 1.
Sec. 24. Section 7 of this act is hereby amended to read as follows:
Sec. 7. The Board may issue a certificate as a problem gambling counselor to:
1. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has received a bachelor’s degree, master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board;
(d) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;
(e) Has completed at least 2,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;
(f) Passes the written examination prescribed by the Board pursuant to NRS 641C.290;
(g) Presents himself when scheduled for an interview at a meeting of the Board; and
(h) Pays the fees required pursuant to NRS
641C.470 . [; and
(i) Submits the statement required
pursuant to NRS 641C.280.]
2. A person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Is licensed as:
(1) A clinical social worker pursuant to chapter 641B of NRS;
(2) A marriage and family therapist pursuant to chapter 641A of NRS;
(3) A physician pursuant to chapter 630 of NRS;
(4) A nurse pursuant to chapter 632 of NRS and has received a master’s degree or a doctoral degree from an accredited college or university;
(5) A psychologist pursuant to chapter 641 of NRS; or
(6) An alcohol and drug abuse counselor pursuant to this chapter;
(d) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;
(e) Has completed at least 1,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;
(f) Passes the written examination prescribed by the Board pursuant to NRS 641C.290; and
(g) Pays the fees required pursuant to NRS
641C.470 . [; and
(h) Submits the statement required
pursuant to NRS 641C.280.]
Sec. 25. Section 9 of this act is hereby amended to read as follows:
Sec. 9. 1. The Board may issue a certificate as a problem gambling counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Submits proof to the Board that he:
(1) Has received a bachelor’s degree, master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board; or
(2) Is enrolled in a program at an accredited college or university from which he will receive a bachelor’s degree, master’s degree or a doctoral degree in a field of social science approved by the Board;
(d) Has completed not less than 30 hours of training specific to problem gambling approved by the Board;
(e) Demonstrates that a certified problem gambling counselor approved by the Board has agreed to supervise him in a setting approved by the Board; and
(f) Pays the fees required pursuant to NRS
641C.470 . [; and
(g) Submits the statement required
pursuant to NRS 641C.280.]
2. A certificate as a problem gambling counselor intern is valid for 1 year and, except as otherwise provided in subsection 3, may be renewed.
3. A certificate as a problem gambling counselor intern issued to a person on the basis that he is enrolled in a program at an accredited college or university from which he will receive a bachelor’s degree, master’s degree or a doctoral degree in a field of social science approved by the Board may be renewed not more than nine times.
4. A certified problem gambling counselor intern may, under the supervision of a certified problem gambling counselor:
(a) Engage in the practice of counseling problem gamblers; and
(b) Assess and evaluate a person as a problem gambler.
Sec. 26.
Notwithstanding the provisions of section 17 of this act, each problem
gambling counselor who is appointed to the Board of Examiners for Alcohol, Drug
and Gambling Counselors to an initial term must be eligible for a certificate
as a problem gambling counselor but need not be certified pursuant to this
chapter at the time he is appointed to the Board.
Sec. 27. As soon as practicable after January 1, 2004, the Governor shall appoint to the Board of Examiners for Alcohol, Drug and Gambling Counselors pursuant to paragraph (c) of subsection 2 of NRS 641C.150:
1. One member whose term expires on September 30, 2005.
2. One member whose term expires on September 30, 2007.
Sec. 28. 1. This section becomes effective upon passage and approval.
2. Sections 18 and 19 of this act become effective upon passage and approval for the purpose of adopting regulations and on January 1, 2004, for all other purposes.
3. Sections 1 to 17, inclusive, 20 to 23, inclusive, 26 and 27 of this at become effective on January 1, 2004.
4. Sections 24 and 25 of this act become effective 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.
5. Sections 7, 9 and 20 of this act expire 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.”.
Amend the title of the bill to read as follows:
“AN ACT relating to professions; declaring the practice of counseling problem gamblers to be a learned profession; changing the name of the Board of Examiners for Alcohol and Drug Abuse Counselors to the Board of Examiners for Alcohol, Drug and Gambling Counselors; increasing the number of members on the Board; requiring persons who counsel problem gamblers to be certified by the Board; imposing certain fees; authorizing the Board to adopt certain regulations; providing a penalty; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires certification for persons who counsel problem gamblers. (BDR 54‑123)”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senators Carlton, Care, Titus, Wiener, Townsend and O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 371.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 437.
Amend section 1, page 2, line 2, by deleting “20,” and inserting “19,”.
Amend sec. 2, page 2, line 4, by deleting “20,” and inserting “19,”.
Amend sec. 9, page 3, lines 29, 34, 40, and 42 by deleting “20,” and inserting “19,”.
Amend sec. 10, page 3, line 44, by deleting “20,” and inserting “19,”.
Amend sec. 11, page 4, line 19, by deleting “20,” and inserting “19,”.
Amend sec. 14, page 6, line 10, by deleting “20,” and inserting “19,”.
Amend the bill as a whole by deleting sec. 20 and renumbering sec. 21 as sec. 20.
Amend sec. 21, page 10, by deleting line 25
and inserting: “required to pay:
(1)
Any costs and expenses that are incurred to carry out the provisions of
sections 2 to 19, inclusive, of this act, including, without limitation, any
costs and expenses incurred by the Office of the Attorney General; and
(2) Any claims for per diem allowances and travel”.
Amend sec. 21, page 10, by deleting lines 29
through 34, and inserting: “the account must be used to pay [claims made:] :
(a)
Claims made by owners who are
damaged by the failure of a residential contractor to perform qualified
services adequately, as provided in [NRS 624.400 to 624.560, inclusive,] sections 2 to 19, inclusive, of this act;
(b)
Claims submitted pursuant to section 7 of this act; or
(c) Any other costs and expenses that are incurred to carry out the provisions of sections 2 to 19, inclusive, of this act, including, without limitation, any costs and expenses incurred by the Office of the Attorney General.”.
Amend the bill as a whole by deleting sections 22 through 38 and renumbering sections 39 through 43 as sections 21 through 25.
Amend sec. 39, page 18, line 36, by deleting “20,” and inserting “19,”.
Amend sec. 43, page 23, lines 10 and 19, by deleting “20,” and inserting “19,”.
Amend sec. 43, page 23, line 21, by deleting “42” and inserting “24”.
Amend the title of the bill to read as follows:
“AN ACT relating to real property; creating the Constructional Defect Commission; providing for its membership; setting forth the duties of the Commission; conferring exclusive jurisdiction upon the Commission to determine claims or causes of action for constructional defects; providing exceptions; requiring a claimant to provide certain notices and to allow a contractor a reasonable opportunity to repair a constructional defect before presenting a claim involving the constructional defect to the Commission; setting forth the manner in which a complaint must be presented to the Commission; requiring the Commission to hear a claim of a constructional defect within a certain period; authorizing the Commission to require a contractor to repair a constructional defect under certain circumstances; prohibiting the exclusion of a public officer from a meeting of a unit-owners’ association under certain circumstances; and providing other matters properly relating thereto.”.
Senator Schneider moved the adoption of the amendment.
Remarks by Senator Schneider.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 373.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 380.
Amend section 1, page 1, by deleting lines 7 through 9 and inserting:
“2.]
Every common carrier [by special permit shall have with his or its
agent or servant in immediate charge, or in the records of the carrier, of
every shipment of liquor into this state,] and every regularly operating contract carrier shall make”.
Amend section 1, page 2, by deleting lines 5 through 18 and inserting:
“2. The Department may [make rules
requiring the carrier to cause the consignee to sign a statement or a postcard,
which statement or postcard shall be furnished by the Department to the carrier
without expense,] adopt regulations
requiring:
(a)
The carrier to:
(1)
Cause a person who is at least 21 years of age to sign for the receipt of each such shipment by the consignee, and to sign a document
confirming the delivery of the shipment to the consignee, before the
carrier permits the consignee to remove [any such] the shipment from the point of destination or possession of the
carrier [, and to cause the
carrier to forward such statement or postcard to the Department after having
been so signed by the consignee.
4.] ; and
(2)
Forward to the consignor the signed document confirming the delivery of the
shipment to the consignee; and
(b)
The consignor to forward to the Department the signed document confirming the delivery
of the shipment to the consignee.
3. No liquor [shall] may be imported into this state except
by a common carrier, a regularly operating contract carrier [regularly
operating as such,] or a”.
Amend section 1, page 2, between lines 32 and 33, by inserting:
“5. As used in this section:
(a)
“Common carrier” means a person who undertakes for hire, as a regular business,
the transportation of liquor from place to place, and who offers its services
to all who choose to employ it and to pay its charges therefor.
(b) “Regularly operating contract carrier” means a person who, as a regular business, transports liquor from place to place pursuant to continuing contractual obligations.”.
Amend the title of the bill, second line, by deleting “liquor;” and inserting: “liquor by a common or contract carrier;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises certain provisions governing importation of liquor by common or contract carrier. (BDR 32‑858)”.
Senator Schneider moved the adoption of the amendment.
Remarks by Senator Schneider.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 411.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 319.
Amend section 1, page 1, line 7, by deleting “5” and inserting “2”.
Amend section 1, page 2, by deleting lines 3 through 6.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 425.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 250.
Amend section 1, page 1, line 2, by deleting; “2 and 3” and inserting: “2, 3 and 3.5”.
Amend the bill as a whole by adding a new section designated sec. 3.5, following sec. 3, to read as follows:
“Sec.
3.5. 1. A wholesaler may sell a
prescription drug only to:
(a) A
pharmacy or practitioner; or
(b)
Another wholesaler if:
(1)
The wholesaler who purchases the drug is licensed by the Board; and
(2)
The sale is a bona fide transaction.
2. A wholesaler may purchase a prescription
drug only from:
(a) A
manufacturer; or
(b)
Another wholesaler if:
(1)
The wholesaler who sells the drug is licensed by the Board; and
(2)
The sale is a bona fide transaction.
3. The Board shall not limit the quantity of
prescription drugs a wholesaler may purchase, sell, distribute or otherwise
provide to another wholesaler, distributor or manufacturer.
4. For the purposes of this section:
(a) A
purchase shall be deemed a bona fide transaction if:
(1)
The wholesaler purchased the drug:
(I)
Directly from the manufacturer of the drug; or
(II)
With a reasonable belief that the drug was originally purchased directly from
the manufacturer of the drug;
(2)
The circumstances of the purchase reasonably indicate that the drug was not
purchased from a source prohibited by law;
(3)
Unless the drug is purchased by the wholesaler from the manufacturer, before
the wholesaler sells the drug to another wholesaler, the wholesaler who sells
the drug conducts a reasonable visual examination of the drug to ensure that
the drug is not:
(I)
Counterfeit;
(II)
Deemed to be adulterated or misbranded in accordance with the provisions of
chapter 585 of NRS;
(III)
Mislabeled;
(IV)
Damaged or compromised by improper handling, storage or temperature control;
(V)
From a foreign or unlawful source; or
(VI)
Manufactured, packaged, labeled or shipped in violation of any state or federal
law relating to prescription drugs;
(4)
The drug is shipped directly from the wholesaler who sells the drug to the
wholesaler who purchases the drug; and
(5)
The documents of the shipping company concerning the shipping of the drug are
attached to the invoice for the drug and are maintained in the records of the
wholesaler.
(b) A
sale shall be deemed a bona fide transaction if there is a reasonable assurance
by the wholesaler that purchases the drug that the wholesaler will sell the
drug directly and only to a pharmacy or practitioner.
(c) The purchase or sale of a prescription drug includes, without limitation, the distribution, transfer, trading, bartering or any other provision of a prescription drug to another person by a wholesaler. A transfer of a prescription drug from a wholesale facility of a wholesaler to another wholesale facility of the wholesaler shall not be deemed a purchase or sale of a prescription drug pursuant to this section if the wholesaler is a corporation whose securities are publicly traded and regulated by the Securities Exchange Act of 1934.”.
Amend sec. 16, page 8, by deleting lines 7 through 11 and inserting: “pharmaceutical technicians and supportive personnel; and
(b) [Services] The
services which may be performed by pharmaceutical”.
Amend sec. 20, page 10, line 21, by deleting “50” and inserting “[50] 20”.
Amend sec. 20, page 10, line 23, by deleting “50” and inserting “[50] 20”.
Amend the bill as a whole by adding a new section designated sec. 24.5, following sec. 24, to read as follows:
“Sec. 24.5. NRS 639.233 is hereby amended to read as follows:
639.233 1. Any person, including a wholesaler or manufacturer, who engages in the business of wholesale distribution or furnishing controlled substances, poisons, drugs, devices or appliances that are restricted by federal law to sale by or on the order of a physician to any person located within this state shall obtain a license pursuant to the provisions of this chapter.
2. [The
provisions of subsection 1 do not apply to a wholesaler or manufacturer whose
principal place of business is located in another state and who ships
controlled substances, drugs, poisons or restricted devices or appliances to a
wholesaler or manufacturer located within this state and licensed by the Board.
3.]
For the purpose of this section, a person is “engaged in the business of
furnishing” if he:
(a) Solicits or accepts orders for drugs or devices whose sale in this state is restricted by this chapter or chapter 453 or 454 of NRS; or
(b) Receives, stores or ships such drugs or devices.”.
Amend sec. 25, page 13, line 24, by deleting “inspection” and inserting: “inspection , copying and removal for copying”.
Amend sec. 25, page 13, line 27, after “licensee” by inserting: “is not a resident of this state and”.
Amend sec. 25, page 13, by deleting lines 36 through 38 and inserting:
“4. [Failure] The intentional failure to furnish a
true copy of the required records or the
intentional refusal to permit their inspection is a ground for [the
revocation or] summary suspension
of and disciplinary action relating to any
license issued pursuant to NRS 639.233.”.
Amend the bill as a whole by adding a new section designated sec. 40.5, following sec. 40, to read as follows:
“Sec. 40.5. NRS 453.375 is hereby amended to read as follows:
453.375 A controlled substance may be possessed and administered by the following persons:
1. A practitioner.
2. A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, physician assistant, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.
3.
An advanced emergency medical technician:
(a) As authorized by regulation of:
(1) The State Board of Health in a county whose population is less than 100,000; or
(2) A county or district board of health in a county whose population is 100,000 or more; and
(b) In accordance with any applicable regulations of:
(1) The State Board of Health in a county whose population is less than 100,000;
(2) A county board of health in a county whose population is 100,000 or more; or
(3) A district board of health created pursuant to NRS 439.370 in any county.
4. A respiratory therapist, at the direction of a physician or physician assistant.
5. A medical student, student in training to become a physician assistant or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician or physician assistant and:
(a) In the presence of a physician, physician assistant or a registered nurse; or
(b) Under the supervision of a physician, physician assistant or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician, physician assistant or nurse.
A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.
6. An ultimate user or any person whom the ultimate user designates pursuant to a written agreement.
7. Any person designated by the head of a correctional institution.
8. A veterinary technician at the direction of his supervising veterinarian.
9. In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.
10. In accordance with applicable regulations of the State Board of Pharmacy, an animal control officer, a wildlife biologist or an employee designated by a federal, state or local governmental agency whose duties include the control of domestic, wild and predatory animals.
11. A person who is enrolled in a training program to become an advanced emergency medical technician, respiratory therapist or veterinary technician if the person possesses and administers the controlled substance in the same manner and under the same conditions that apply, respectively, to an advanced emergency medical technician, respiratory therapist or veterinary technician who may possess and administer the controlled substance, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.”.
Amend the bill as a whole by adding a new section designated sec. 41.5, following sec. 41, to read as follows:
“Sec. 41.5. NRS 454.213 is hereby amended to read as follows:
454.213 A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:
1. A practitioner.
2. A physician assistant at the direction of his supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.
3. Except as otherwise provided in subsection 4, a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician assistant, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.
4. In accordance with applicable regulations of the Board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:
(a) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and
(b) Acting under the direction of the medical director of that agency or facility who works in this state.
5. An intermediate emergency medical technician or an advanced emergency medical technician, as authorized by regulation of the State Board of Pharmacy and in accordance with any applicable regulations of:
(a) The State Board of Health in a county whose population is less than 100,000;
(b) A county board of health in a county whose population is 100,000 or more; or
(c) A district board of health created pursuant to NRS 439.370 in any county.
6. A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.
7. A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.
8. A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:
(a) In the presence of a physician or a registered nurse; or
(b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.
A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.
9. Any person designated by the head of a correctional institution.
10. An ultimate user or any person designated by the ultimate user pursuant to a written agreement.
11. A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.
12. A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.
13. A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.
14. A physical therapist, but only if the drug or medicine is a topical drug which is:
(a) Used for cooling and stretching external tissue during therapeutic treatments; and
(b) Prescribed by a licensed physician for:
(1) Iontophoresis; or
(2) The transmission of drugs through the skin using ultrasound.
15. In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.
16. A veterinary technician at the direction of his supervising veterinarian.
17. In accordance with applicable regulations of the Board, a registered pharmacist who:
(a) Is trained in and certified to carry out standards and practices for immunization programs;
(b) Is authorized to administer immunizations pursuant to written protocols from a physician; and
(c) Administers immunizations in compliance with the “Standards of Immunization Practices” recommended and approved by the United States Public Health Service Advisory Committee on Immunization Practices.
18. A person who is enrolled in a training program to become a physician assistant, dental hygienist, intermediate emergency medical technician, advanced emergency medical technician, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant, dental hygienist, intermediate emergency medical technician, advanced emergency medical technician, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.”.
Amend the title of the bill to read as follows:
“AN ACT relating to pharmacy; increasing the fee for the biennial renewal of a license for a manufacturer or wholesaler; abolishing inactive licenses; revising provisions governing prescriptions purchased with cash; revising provisions governing the sale and purchase of prescription drugs by a wholesaler; revising provisions governing a rehearing of the State Board of Pharmacy concerning a contest or appeal of a decision of the Board; repealing the requirement that a notice concerning the substitution of certain drugs be displayed in a pharmacy; reducing the fees for the initial registration and renewal of a registration of supportive personnel; authorizing persons enrolled in certain training programs to administer controlled substances and certain drugs and medicines; and providing other matters properly relating thereto.”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 426.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 381.
Amend section 1, page 2, line 9, by deleting “14,” and inserting “10,”.
Amend section 1, page 2, by deleting line 24 and inserting: “decisions concerning the construction”.
Amend section 1, page 2, line 35, by deleting “14,” and inserting “10,”.
Amend section 1, page 2, by deleting lines 37 and 38 and inserting: “by the State and by any local governments of applications to construct facilities for personal wireless service and to encourage the State and any local governments to allow the construction of facilities for personal wireless service on government property.”.
Amend sec. 2, page 2, line 40, by deleting “14,” and inserting “10,”.
Amend sec. 3, page 2, line 42, by deleting “14,” and inserting “10,”.
Amend sec. 3, page 2, line 44, by deleting “11,” and inserting “7,”.
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 and 6 as sections 4 and 5.
Amend sec. 6, page 3, by deleting lines 9 and 10 and inserting:
“Sec. 5. “Land use authority” means an agency, bureau, board, commission, department, division, officer or employee of the State or of a local government authorized by law to take action on an application to construct a facility for personal wire service.”.
Amend the bill as a whole by deleting sec. 7 and renumbering sec. 8 as sec. 6.
Amend the bill as a whole by deleting sec. 9 and renumbering sec. 10 as sec. 7.
Amend the bill as a whole by deleting sec. 11 and renumbering sections 12 through 15 as sections 8 through 11.
Amend sec. 12, page 3, by deleting lines 26
through 30 and inserting: “ordinance to
the contrary, a land use authority with jurisdiction over an application to
construct a facility for personal wireless service shall, after notice and an
opportunity for a hearing, approve the application if:
(a) The applicant is a provider of wireless telecommunications that is”.
Amend sec. 12, pages 3 and 4, by deleting lines 34 through 45 on page 3 and lines 1 through 15 on page 4, and inserting:
“(b)
The facility for personal wireless service is to be:
(1)
Architecturally integrated with its surroundings so that it appears to be an
architectural feature of a building or other structure and its nature as a
facility for personal wireless service is not readily apparent;
(2)
Collocated with a facility for personal wireless service approved, or capable
of being approved, by the land use authority;
(3)
Constructed on an existing building or structure owned by a public utility or
on property owned by the State or by a local government; or
(4)
If constructed on an existing building or structure not owned by a public
utility, architecturally compatible with the building or structure and not more
than 10 feet taller than the building or structure.
2. The land use authority shall not:
(a) Consider the environmental effects of radio frequency emissions”.
Amend section 12, page 4, by deleting lines 19 through 21 and inserting:
“(b)
Deny or condition the approval of the application to construct a facility for
personal wireless service on the basis of its design if the applicant
demonstrates that the design of the facility is consistent with community
aesthetics.
(c) If
the application to construct a facility for personal wireless services requests
the use of a public right-of-way, deny the application if the proposed use:
(1)
Meets all applicable requirements for use of a public right-of-way; and
(2)
Does not endanger the public health or safety.
3. A land use authority of a local government may provide for the administrative appeal of a decision made pursuant to this section.”.
Amend section 13, page 4, by deleting lines 22 through 33 and inserting:
“Sec. 9. A land use authority, in connection with an application to construct a facility for personal wireless service, may assess the applicant for the actual costs incurred by the land use authority to process the application.”.
Amend section 14, pages 4 and 5, by deleting lines 34 through 45 on page 4 and lines 1 through 4 on page 5, and inserting:
“Sec. 10.
1. A land use authority that denies or conditions the approval of an
application to construct a facility for personal wireless service shall issue a
written decision. The decision must:
(a)
Set forth with specificity each ground on which the authority denied or
conditioned the approval of the application; and
(b) Be supported by substantial evidence contained in a written record.
2. A person who brings an action against a land use authority pursuant to NRS 278.0233 shall file a copy of the decision and record with the court.”.
Amend the title of the bill to read as follows:
“AN ACT relating to wireless telecommunications; establishing a statewide procedure for approval by a state or local land use authority of an application for the construction of a facility for personal wireless service under certain circumstances; authorizing a land use authority to assess an applicant for the actual costs incurred by the authority to process an application; requiring that a denial or conditional approval of an application be in writing, set forth each ground for denial or conditional approval, and be supported by substantial evidence contained in a written record; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Establishes statewide procedures for approval of applications for construction of facilities for personal wireless communications. (BDR 58‑1286)”.
Senator Hardy moved the adoption of the amendment.
Remarks by Senator Hardy.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 428.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 310.
Amend sec. 5, page 3, lines 6 and 7, by deleting “any account” and inserting: “all financial accounts related to the business”.
Amend sec. 5, page 3, by deleting lines 10 through 14 and inserting: “broker’s business and the Division:”.
Amend sec. 5, page 3, line 15, by deleting “(b)” and inserting “(a)”.
Amend sec. 5, page 3, line 19, by deleting “(c)” and inserting “(b)”.
Amend sec. 5, page 3, line 37, by deleting “business.” and inserting: “business and which creates a substantial risk of harm to the public or a consumer.”.
Amend the bill as a whole by deleting sec. 11 and adding:
“Sec. 11. (Deleted by amendment.)”.
Amend sec. 12, page 6, by deleting line 40 and inserting “2. Each”.
Amend sec. 12, page 7, by deleting lines 21 through 26.
Amend sec. 17, page 11, by deleting line 33, and inserting:
“ 3.]
4.
Each”.
Amend sec. 17, page 12, by deleting lines 11 through 16.
Amend sec. 17, page 12, line 17, by deleting
“7.” and inserting “[4.] 6.”.
Amend sec. 25, page 16, by deleting line 20 and inserting:
“2. Each applicant”.
Amend sec. 25, page 17, by deleting lines 1 through 6.
Amend sec. 31, page 19, by deleting line 16 and inserting:
“2. Each applicant”.
Amend sec. 31, pages 19 and 20, by deleting lines 42 through 44 on page 19 and lines 1 and 2 on page 20.
Amend sec. 53, page 30, by deleting line 6 and inserting “4. Each”.
Amend sec. 53, pages 30 and 31, by deleting lines 44 and 45 on page 30 and lines 1 through 7 on page 31, and inserting:
“[8.] 9. The Administrator may
adopt regulations establishing and governing requirements for the continuing
education of sales agents.”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 429.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 311.
Amend the bill as a whole by deleting sections 1 through 15 and adding new sections designated sections 1 through 8, following the enacting clause, to read as follows:
“Section 1. Chapter 711 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the governing body of a county or city is
authorized pursuant to NRS 711.175 to sell the services of a community
antenna television system to the general public, the governing body, and any
entity or agency that is directly or indirectly controlled by the county or
city, shall not construct, own, manage or operate a community antenna
television system in any area outside its territorial boundaries unless it:
(a)
Obtains a franchise from the appropriate governing body pursuant to NRS 711.190
for that portion of the community antenna television system which it
constructs, owns, manages or operates outside its territorial boundaries; and
(b)
Complies with the same federal, state and local requirements that apply to a
privately held community antenna television company with regard to that portion
of the community antenna television system which it constructs, owns, manages
or operates outside its territorial boundaries.
2. On and after October 1, 2003, if the
governing body of a county or city is authorized pursuant to NRS 711.175 to
sell the services of a community antenna television system to the general
public, the governing body, and any entity or agency that is directly or
indirectly controlled by the county or city, shall not construct, own, manage
or operate a community antenna television system in any area within its
territorial boundaries which is governed by another governing body and which is
served by one or more privately held community antenna television companies
unless it:
(a)
Obtains a franchise from the other governing body pursuant to NRS 711.190
or enters into an interlocal agreement with the other governing body;
(b) Is
required by the franchise or interlocal agreement to comply with the same
requirements that apply to the privately held community antenna television
companies; and
(c) Is
prohibited by the franchise or interlocal agreement from providing the services
of the community antenna television system, free of charge, to any governmental
officer or employee for his personal or household use.
Sec. 2. NRS 711.175 is hereby amended to read as follows:
711.175 1. Except as otherwise provided in subsection 2 and NRS 318.1192, 318.1193 and 318.1194:
[1.] (a) The governing body of a county whose population is 50,000 or
more , and any entity or agency that is
directly or indirectly controlled by such a county, shall not sell the
services of a community antenna television system to the general public.
[2.] (b) The governing body of a city whose population is 25,000 or
more , and any entity or agency that is
directly or indirectly controlled by such a city, shall not sell the
services of a community antenna television system to the general public.
2. If the governing body of a county or city,
or any entity or agency that is directly or indirectly controlled by such a
county or city, was selling the services of a community antenna television
system to the general public on April 1, 2003, it may continue to sell the
services of a community antenna television system to the general public after
that date, regardless of the population of the county or city.
Sec. 3. NRS 711.190 is hereby amended to read as follows:
711.190 1. Except as otherwise provided in NRS 318.1194:
(a) A city [council] may grant a
franchise to a community antenna television company for the construction,
maintenance and operation of a community antenna television system which
requires the use of city property or that portion of the city dedicated to
public use for the maintenance of cables or wires underground, on the surface
or on poles for the transmission of a television picture.
(b) A county may grant a franchise to a community antenna television company for the construction, maintenance and operation of a community antenna television system which requires the use of the property of the county or any town in the county or that portion of the county or town dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.
2.
If a local government grants a franchise to two or more community
antenna television companies to construct, maintain or operate a community
antenna television system in the same area, the local government shall impose
the same terms and conditions on each franchise [.] and shall enforce those terms and conditions in a nondiscriminatory
manner.
3. A
community antenna television company that is granted a franchise pursuant to
this [section] chapter may
provide telecommunications service or interactive computer service without
obtaining a separate franchise from the local government.
4. A
local government that grants a franchise pursuant to this [section] chapter shall not require the community
antenna television company to place its facilities in ducts or conduits or on
poles owned or leased by the local government.
5.
If a county whose population is 400,000 or more, or an incorporated city
located in whole or in part within such a county, grants a franchise pursuant
to this [section,] chapter, the
term of the franchise must be at least 10 years. If a franchisee notifies such
a county or city on or before the end of the eighth year of a franchise that it
wishes to extend the franchise, the county or city shall, on or before the end
of the ninth year of the franchise, grant an extension of 5 years on the same
terms and conditions, unless the franchisee has not substantially complied with
the terms and conditions of the franchise agreement.
6. As used in this section:
(a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on July 16, 1997.
(b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.
Sec. 4. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the governing body of a county is
authorized pursuant to NRS 711.175 to sell video programming services to
the general public over a community antenna television system, the governing
body, and any entity or agency that is directly or indirectly controlled by the
county, shall not do any of the following:
(a)
Sell such video programming services at a price that is less than the actual
cost of the video programming services or sell a bundle of services containing
such video programming services at a price that is less than the actual cost of
the bundle of services.
(b)
Use any money from the county general fund for the provision of such video
programming services over its community antenna television system.
(c)
Use its rights-of-way, its property or any special power it may possess by
virtue of its status as a government or a government-owned utility to:
(1)
Create a preference or advantage for its community antenna television system;
or
(2)
Impose any discriminatory burden on any privately held community antenna
television company.
2. The provisions of this section must be
enforced in the manner set forth in paragraph (c) of subsection 4 of NRS
354.624 and paragraph (c) of subsection 5 of NRS 354.624.
3. The provisions of this section do not create
an exclusive remedy and do not abrogate or limit any other action or remedy
that is available to the governing body or a privately held community antenna
television company pursuant to any other statute or the common law.
4. As used in this section:
(a)
“Community antenna television company” has the meaning ascribed to it in NRS
711.030.
(b)
“Community antenna television system” has the meaning ascribed to it in NRS
711.040.
(c)
“Video programming services” means services which are provided over a community
antenna television system and which contain:
(1)
Programming provided by a television broadcast station; or
(2)
Programming that is generally considered comparable to programming provided by
a television broadcast station.
Sec. 5. NRS 277.045 is hereby amended to read as follows:
277.045
1. Except as limited by NRS
280.105 [,] and 711.175, any
two or more political subdivisions of this state, including , without limitation , counties, incorporated cities and
towns, unincorporated towns, school districts and special districts, may enter
into a cooperative agreement for the performance of any governmental function.
Such an agreement may include the furnishing or exchange of personnel,
equipment, property or facilities of any kind, or the payment of money.
2. Every such agreement must be by formal resolution or ordinance of the governing body of each political subdivision included, and must be spread at large upon the minutes, or attached in full thereto as an exhibit, of each governing body.
3. Each participating political subdivision shall provide in its annual budget for any expense to be incurred under any such agreement, the money for which is not made available through grant, gift or other source.
Sec. 6. NRS 277.110 is hereby amended to read as follows:
277.110
Except as limited by NRS 280.105 [:] and 711.175:
1. Any power, privilege or authority exercised or capable of exercise by a public agency of this state, including, but not limited to, law enforcement, may be exercised jointly with any other public agency of this state, and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise. Any agency of this state when acting jointly with any other public agency may exercise all the powers, privileges and authority conferred by NRS 277.080 to 277.180, inclusive, upon a public agency.
2. Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of NRS 277.080 to 277.170, inclusive. Those agreements become effective only upon ratification by appropriate ordinance, resolution or otherwise pursuant to law on the part of the governing bodies of the participating public agencies. If it is reasonably foreseeable that a participating public agency will be required to expend $2,000 or more to carry out such an agreement, the agreement must be in writing.
Sec. 7. NRS 354.624 is hereby amended to read as follows:
354.624 1. Each local government shall provide for an annual audit of all of its financial statements. A local government may provide for more frequent audits as it deems necessary. Except as otherwise provided in subsection 2, each annual audit must be concluded and the report of the audit submitted to the governing body as provided in subsection 6 not later than 5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the Department of Taxation to any local government that submits an application for an extension to the Department. If the local government fails to provide for an audit in accordance with the provisions of this section, the Department of Taxation shall cause the audit to be made at the expense of the local government. All audits must be conducted by a certified public accountant or by a partnership or professional corporation that is registered pursuant to chapter 628 of NRS.
2. The annual audit of a school district must:
(a) Be concluded and the report submitted to the board of trustees as provided in subsection 6 not later than 4 months after the close of the fiscal year for which the audit is conducted.
(b) If the school district has more than 150,000 pupils enrolled, include an audit of the expenditure by the school district of public money used:
(1) To design, construct or purchase new buildings for schools or related facilities;
(2) To enlarge, remodel or renovate existing buildings for schools or related facilities; and
(3) To acquire sites for building schools or related facilities, or other real property for purposes related to schools.
3. The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated and notification of the auditor or firm designated must be sent to the Department of Taxation not later than 3 months before the close of the fiscal year for which the audit is to be made.
4. Each annual audit must
cover the business of the local government during the full fiscal year. It must
be a financial audit conducted in accordance with generally accepted auditing
standards in the United States, including [,] findings on compliance
with statutes and regulations and an expression of opinion on the financial
statements. The Department of Taxation shall prescribe the form of the
financial statements, and the chart of accounts must be as nearly as possible
the same as the chart that is used in the preparation and publication of the
annual budget. The report of the audit must include:
(a) A schedule of all fees imposed by the local government which
were subject to the provisions of NRS 354.5989; [and]
(b) A comparison of the operations of the local government with
the approved budget, including a statement from the auditor that indicates
whether the governing body has taken action on the audit report for the prior
year [.] ; and
(c) If the local government is subject to the provisions of section 4 of this act, a report showing that the local government is in compliance with the provisions of paragraphs (a) and (b) of subsection 1 of section 4 of this act.
5. Each local government shall provide to its auditor:
(a) A statement indicating whether each of the following funds established by the local government is being used expressly for the purposes for which it was created, in the form required by NRS 354.6241:
(1) An enterprise fund.
(2) An internal service fund.
(3) A fiduciary fund.
(4) A self-insurance fund.
(5) A fund whose balance is required by law to be:
(I) Used only for a specific purpose other than the payment of compensation to a bargaining unit, as defined in NRS 288.028; or
(II) Carried forward to the succeeding fiscal year in any designated amount.
(b) A list and description of any property conveyed to a nonprofit organization pursuant to NRS 244.287 or 268.058.
(c) If the local government is subject to the provisions of section 4 of this act, a declaration indicating that the local government is in compliance with the provisions of paragraph (c) of subsection 1 of section 4 of this act.
6. The opinion and findings of the auditor contained in the report of the audit must be presented at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire report, together with the management letter required by generally accepted auditing standards in the United States or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:
(a) The clerk or secretary of the governing body;
(b) The county clerk;
(c) The Department of Taxation; and
(d) In the case of a school district, the Department of Education.
7. If an auditor finds evidence of fraud or dishonesty in the financial statements of a local government, the auditor shall report such evidence to the appropriate level of management in the local government.
8. The governing body shall act upon the recommendations of the report of the audit within 3 months after receipt of the report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.
Sec. 8. This act becomes effective upon passage and approval.”.
Amend the title of the bill to read as follows:
“AN ACT relating to communication services; requiring certain governmental entities that sell the services of a community antenna television system to the general public to comply with certain conditions and limitations relating to the provision of those services; requiring certain governmental entities to demonstrate that they are in compliance with such conditions and limitations under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes relating to community antenna television systems and video programming services. (BDR 58‑1072)”.
Senator Hardy moved the adoption of the amendment.
Remarks by Senators Hardy, Titus, Townsend and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 447.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 356.
Amend sec. 8, page 7, line 6, by deleting: “state or national bank located in this state” and inserting: “state, national or federal reserve district bank”.
Amend sec. 10, page 7, line 15, by deleting “total of” and inserting: “uninsured balances of the”.
Amend sec. 10, page 7, by deleting lines 27 through 34 and inserting:
“(1)
A daily report of the total amount of public money held by the depository;
(2)
A weekly summary report of the total fair market value of securities held by a
third-party depository on behalf of the depository;
(3)
A monthly report setting forth a list of acceptable securities, including,
without limitation, the fair market value of those securities, held by the
depository or held by any third-party depository on behalf of the depository;
and
(4) A current annual report containing the financial statement of the depository; and”.
Amend sec. 12, page 8, line 12, by deleting “20” and inserting “45”.
Amend sec. 15, page 10, by deleting lines 20 through 27 and inserting:
“4. All securities to be
used as such collateral are subject to review by the county treasurer and the
board of county commissioners. The depository bank, credit union or savings and
loan association shall submit [monthly] reports to the [county treasurer showing the securities which
constitute the collateral and their fair market value.] State Treasurer as required pursuant to
sections 4 to 13, inclusive, of this act. The State Treasurer will provide
periodic reports to the county treasurer showing the securities which
constitute the collateral and their fair market value.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Conflict of interest declared by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 448.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 355.
Amend sec. 7, page 3, line 3, by deleting “The” and inserting: “On or before December 31, 2006, the”.
Amend sec. 16, page 8, by deleting lines 13 through 16 and inserting:
“[7.
Not more than 2 percent of the amount of]
8. The money in the Trust Fund may be used
to pay the costs of administering the Trust Fund [.
8. ] as follows:
(a)
Until the sale of the right of the State to receive 50 percent of the tobacco
proceeds pursuant to section 7 of this act, not more than 2 percent of the
amount of money in the Trust Fund may be used to pay the costs of administering
the Trust Fund.
(b) After the sale of the right of the State to receive 50 percent of the tobacco proceeds pursuant to section 7 of this act, not more than one-half of one percent of the amount of money in the Trust Fund may be used to pay the costs of administering the Trust Fund.
9. The money in the Trust Fund remains in the Fund and”.
Amend the bill as a whole by deleting sec. 17 and adding a new section designated sec. 17, following sec. 16, to read as follows:
“Sec. 17. NRS 396.930 is hereby amended to read as follows:
396.930 1. Except as otherwise provided in subsections 2 and 3, a student may apply to the Board of Regents for a millennium scholarship if he:
(a) Has been a resident of this state for at least 2 years before he applies for the scholarship;
(b) Except as otherwise provided in paragraph (c), graduated from a public or private high school in this state:
(1) After May 1, 2000 [; and
(2) Not] , but not later than May 1, 2003; or
(2)
After May 1, 2003, and, except as otherwise provided in paragraph (d) of
subsection 2, not more than [8] 6
years before he applies for the scholarship;
(c) Does not satisfy the requirements of paragraph (b) and:
(1) Was enrolled as a pupil in a public or private high school in this state with a class of pupils who were regularly scheduled to graduate after May 1, 2000;
(2) Received his high school diploma
within [5] 4 years after he
was regularly scheduled to graduate; and
(3) Applies for the scholarship not more
than [8] 6 years after he was
regularly scheduled to graduate from high school;
(d) Maintained [at least a 3.0
grade-point average on a 4.0 grading scale] in high school in the [core
curriculum, as determined] courses
designated by the Board of Regents pursuant to paragraph (c) of subsection 2 [;] , at least:
(1)
A 3.0 grade-point average on a 4.0 grading scale, if he was a member of the
graduating class of 2003 or 2004;
(2)
A 3.1 grade-point average on a 4.0 grading scale, if he was a member of the
graduating class of 2005 or 2006; or
(3) A 3.25 grade-point average on a 4.0 grading scale, if he was a member of the graduating class of 2007 or a later graduating class; and
(e) Is enrolled in at least:
(1) Six semester credit hours in a community college within the System; or
(2) Twelve semester credit hours in another eligible institution.
2.
The Board of Regents [shall:
(a) Define] :
(a) Shall define the core curriculum that a student must complete in high school to be eligible for a millennium scholarship.
(b) [Develop] Shall develop a plan to ensure that needy students and students
from families that otherwise could not afford to send their children to college
receive millennium scholarships.
(c)
Shall designate the courses in which a student must earn the minimum
grade-point averages set forth in paragraph (d) of subsection 1.
(d)
May establish criteria with respect to students who have been on active duty
serving in the Armed Forces of the United States to exempt such students from
the 6-year limitation on applications that is set forth in subparagraph (2) of
paragraph (b) of subsection 1.
3. Except as otherwise provided in paragraph (c) of subsection 1, for students who did not graduate from a public or private high school in this state and who have been residents of this state for at least 2 years, the Board of Regents shall establish:
(a) The minimum score on a standardized test that such students must receive; or
(b) Other criteria that students must meet,
to be eligible for millennium scholarships.
4. In awarding scholarships, the Board of Regents shall enhance its outreach to students who:
(a) Are pursuing a career in education or health care;
(b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to an eligible institution; or
(c) Substantially participated in an antismoking, antidrug or antialcohol program during high school.”.
Amend sec. 18, page 10, by deleting line 19 and inserting:
“(b) [Maintain] If the student graduated from high school after May 1, 2003, maintain at
least a [2.0] 2.6 grade-point
average on a 4.0”.
Amend sec. 21, pages 13 and 14, by deleting lines 41 through 44 on page 13 and line 1 on page 14, and inserting:
“(c) [Actual] Except as otherwise provided in this paragraph, actual costs
incurred by the Health Division for providing administrative assistance to the
Board . [, but in] In no event may [more than 2 percent
of] the money in the Fund be used for administrative expenses or other
indirect costs [.
7.] in more than the following amounts:
(1)
Until the sale of the right of the State to receive 50 percent of the tobacco
proceeds pursuant to section 7 of this act, not more than 2 percent of the
money in the Fund may be used for administrative expenses or other indirect
costs.
(2)
After the sale of the right of the State to receive 50 percent of the tobacco
proceeds pursuant to section 7 of this act, not more than one-half of one
percent of the money in the Fund may be used for administrative expenses or
other indirect costs.
8. The money in the Trust Fund remains in the Fund and”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Conflict of interest declared by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 453.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 358.
Amend the bill as a whole by deleting sections 1 through 30 and adding new sections designated sections 1 through 45, following the enacting clause, to read as follows:
“Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2.
“Statewide voter registration
list” means the list of registered voters established and maintained pursuant
to section 3 of this act.
Sec. 3.
1. The Secretary of State shall establish and maintain an official
statewide voter registration list in consultation with each county and city
clerk.
2. The statewide voter registration list must:
(a) Be
a uniform, centralized and interactive computerized list;
(b)
Serve as the single method for storing and managing the official list of
registered voters in this state;
(c)
Serve as the official list of registered voters for the conduct of all
elections in this state;
(d)
Contain the name and registration information of every legally registered voter
in this state;
(e)
Include a unique identifier assigned by the Secretary of State to each legally
registered voter in this state;
(f) Be
coordinated with the appropriate databases of other agencies in this state;
(g) Be
electronically accessible to each state and local election official in this
state at all times;
(h)
Allow for data to be shared with other states under certain circumstances; and
(i) Be
regularly maintained to ensure the integrity of the registration process and
the election process.
3. Each county and city clerk shall:
(a)
Electronically enter into the statewide voter registration list all information
related to voter registration obtained by the county or city clerk at the time
the information is provided to the county or city clerk; and
(b)
Provide the Secretary of State with information concerning the voter
registration of the county or city and any other information requested by the Secretary
of State in the form required by the Secretary of State to establish or
maintain the statewide voter registration list.
4. In establishing and maintaining the
statewide voter registration list, the Secretary of State shall enter into a
cooperative agreement with the Department of Motor Vehicles to match
information in the database of the statewide voter registration list with
information in the appropriate database of the Department of Motor Vehicles to
verify the accuracy of the information in an application to register to vote.
5. The Department of Motor Vehicles shall enter
into an agreement with the Social Security Administration pursuant to 42 U.S.C.
§ 15483, to verify the accuracy of information in an application to register to
vote.
Sec. 4.
If a county or city uses paper
ballots or punch cards in an election, including, without limitation, for
absent ballots and ballots voted in a mailing precinct, the county or city
clerk shall provide a voter education program specific to the voting system
used by the county or city. The voter education program must include, without
limitation, information concerning the effect of overvoting and the procedures
for correcting a vote on a ballot before it is cast and counted and for
obtaining a replacement ballot.
Sec. 5.
The Secretary of State and each
county and city clerk shall ensure that each voting system used in this state:
1. Secures to each voter privacy and
independence in the act of voting, including, without limitation,
confidentiality of the ballot of the voter;
2. Allows each voter to verify privately and
independently the votes selected by the voter on the ballot before the ballot
is cast and counted;
3. Provides each voter with the opportunity, in
a private and independent manner, to change the ballot and to correct any error
before the ballot is cast and counted, including, without limitation, the
opportunity to correct an error through the issuance of a replacement ballot if
the voter is otherwise unable to change the ballot or correct the error;
4. Provides a permanent paper record with a
manual audit capacity which must be available as an official record for a
recount; and
5. Meets or exceeds the standards for voting
systems established by the Federal Election Commission, including, without
limitation, the error rate standards.
Sec. 6.
1. Each voting system used by a county or city shall provide voting
materials in English and other languages in compliance with the provisions of
42 U.S.C. § 1973aa-1a.
2. As used in this section, the term “voting
materials” has the meaning ascribed to it in 42 U.S.C. § 1973aa-1a.
Sec. 7.
A person at a polling place may
cast a provisional ballot in an election to vote for a candidate if the person
complies with the applicable provisions of section 8 of this act and:
1. Declares that he has registered to vote and
is eligible to vote at that election in that jurisdiction, but his name does
not appear on the statewide voter registration list as a voter eligible to vote
in that election in that jurisdiction;
2. Applies by mail to register to vote and has
not previously voted in an election in this state and fails to provide the
identification required pursuant to paragraph (a) of subsection 1 of section 10
of this act to the election board officer at the polling place; or
3. Declares that he is entitled to vote after
the polling place would normally close as a result of a court order or other
order extending the time established for the closing of polls pursuant to a law
of this state in effect 10 days before the date of the election.
Sec. 8.
1. Before a person may cast a provisional ballot pursuant to section
7 of this act, the person must complete a written affirmation on a form
provided by an election board officer, as prescribed by the Secretary of State,
at the polling place which includes:
(a)
The name of the person casting the provisional ballot;
(b)
The reason for casting the provisional ballot;
(c) A
statement in which the person casting the provisional ballot affirms under penalty
of perjury that he is a registered voter in the jurisdiction and is eligible to
vote in the election;
(d)
The date and type of election;
(e)
The signature of the person casting the provisional ballot;
(f)
The signature of the election board officer;
(g) A
unique affirmation identification number assigned to the person casting the
provisional ballot;
(h) If
the person is casting the provisional ballot pursuant to subsection 1 of
section 7 of this act:
(1)
An indication by the person as to whether or not he provided the required
identification at the time he applied to register to vote;
(2)
The address of the person as listed on his application to register to vote;
(3)
Information concerning the place, manner and approximate date on which the
person applied to register to vote;
(4)
Any other information that the person believes may be useful in verifying that
the person has registered to vote; and
(5)
A statement informing the voter that if the voter does not provide
identification at the time the voter casts the provisional ballot, the required
identification must be provided to the county or city clerk not later than
5 p.m. on the Friday following election day and that failure to do so will
result in the provisional ballot not being counted;
(i) If
the person is casting the provisional ballot pursuant to subsection 2 of
section 7 of this act:
(1)
The address of the person as listed on his application to register to vote;
(2)
The voter registration number, if any, issued to the person; and
(3)
A statement informing the voter that the required identification must be
provided to the county or city clerk not later than 5 p.m. on the Friday
following election day and that failure to do so will result in the provisional
ballot not being counted; and
(j) If
the person is casting the provisional ballot pursuant to subsection 3 of
section 7 of this act, the voter registration number, if any, issued to the
person.
2. After a person completes a written
affirmation pursuant to subsection 1:
(a)
The election board officer shall provide the person with a receipt that
includes the unique affirmation identification number described in
subsection 1 and that explains how the person may use the free access
system established pursuant to section 13 of this act to ascertain whether his
vote was counted, and, if his vote was not counted, the reason why the vote was
not counted;
(b)
The voter’s name and applicable information must be entered into the roster in
a manner which indicates that the voter cast a provisional ballot; and
(c)
The election board officer shall issue a provisional ballot for the
jurisdiction in which the voter claims he is eligible to vote and allow the
person to cast the provisional ballot.
Sec. 9.
A person may cast a ballot by mail
to vote in an election, which must be treated as a provisional ballot by the
county or city clerk if the person:
1. Applies by mail to register to vote and has
not previously voted in an election in this state;
2. Fails to provide the identification required
pursuant to paragraph (b) of subsection 1 of section 10 of this act to the
county or city clerk at the time that he mails his ballot; and
3. Completes the written affirmation set forth
in subsection 1 of section 8 of this act.
Sec. 10.
1. Except as otherwise provided in subsection 2, in sections 7 and 9
of this act and in federal law, a person who registers by mail to vote in this
state and who has not previously voted in an election in this state:
(a)
May vote at a polling place only if the person presents to the election board
officer at the polling place:
(1)
A current and valid photo identification of the person; or
(2) A copy of a current
utility bill, bank statement, paycheck, or document issued by a governmental
entity, including, without limitation, a check, which indicates the name and
address of the person; and
(b) May vote by mail only
if the person provides to the county or city clerk:
(1)
A copy of a current and valid photo identification of the person; or
(2)
A copy of a current utility bill, bank statement, paycheck, or document issued
by a governmental entity, including, without limitation, a check, which
indicates the name and address of the person.
2. The provisions of this section do not apply
to a person who:
(a)
Registers to vote by mail and submits with his application to register to vote:
(1)
A copy of a current and valid photo identification; or
(2)
A copy of a current utility bill, bank statement, paycheck, or document issued
by a governmental entity, including, without limitation, a check, which
indicates the name and address of the person;
(b)
Registers to vote by mail and submits with his application to register to vote
a driver’s license number or at least the last four digits of his social security
number, if a state or local election official has matched that information with
an existing identification record bearing the same number, name and date of
birth as provided by the person in his application;
(c) Is
entitled to vote an absent ballot pursuant to the Uniformed and Overseas
Citizens Absentee Voting Act, 42 U.S.C. §§ 1973ff et seq.;
(d) Is
provided the right to vote otherwise than in person under the Voting
Accessibility for the Elderly and Handicapped Act, 42 U.S.C. §§ 1973ee
et seq.; or
(e) Is
entitled to vote otherwise than in person under any other federal law.
Sec. 11.
Each county and city clerk shall
establish procedures to:
1. Keep each provisional ballot cast pursuant
to section 7 or 9 of this act separate from other ballots until it has been
determined whether or not the voter was registered and eligible to vote in the
election in that jurisdiction;
2. Keep each provisional ballot cast pursuant
to subsection 3 of section 7 of this act separate from all other provisional ballots;
and
3. Inform a person whose name does not appear
on the statewide voter registration list as an eligible voter for a polling
place or who an election official asserts is not eligible to vote at the
polling place of the ability of the person to cast a provisional ballot.
Sec. 12.
1. Following each election, a canvass of the provisional ballots
cast in the election must be conducted pursuant to NRS 293.387 and, if
appropriate, pursuant to NRS 293C.387.
2. The county and city clerk shall not:
(a)
Include any provisional ballot in the unofficial results reported on election
night; or
(b)
Open any envelope containing a provisional ballot before 8 a.m. on the
Wednesday following election day.
3. Except as otherwise provided in subsection
4, a provisional ballot must be counted if:
(a)
The county or city clerk determines that the person who cast the provisional
ballot was registered to vote in the election, eligible to vote in the election
and issued the appropriate ballot for the address at which he resides;
(b) A
voter who failed to provide required identification at the polling place or
with his mailed ballot provides the required identification to the county or
city clerk not later than 5 p.m. on the Friday following election day; or
(c) A
court order has not been issued by 5 p.m. on the Friday following election day
directing that provisional ballots cast pursuant subsection 3 of section 7 of
this act not be counted, and the provisional ballot was cast pursuant to
subsection 3 of section 7 of this act.
4. A provisional ballot must not be counted if
the county or city clerk determines that the person who cast the provisional
ballot cast the wrong ballot for the address at which he resides.
Sec. 13.
1. The Secretary of State shall establish a free access system such
as a toll-free telephone number or an Internet website to inform a person who
cast a provisional ballot whether his vote was counted and, if his vote was not
counted, the reason why the vote was not counted.
2. The free access system must ensure secrecy
of the ballot while protecting the confidentiality and integrity of personal
information contained therein.
3. Access to information concerning a
provisional ballot must be restricted to the person who cast the provisional ballot.
Sec. 14.
The Secretary of State and each
county and city clerk shall ensure that a copy of each of the following is
posted in a conspicuous place at each polling place on election day:
1. A sample ballot;
2. Information concerning the date and hours of
operation of the polling place;
3. Instructions for voting and casting a
ballot, including a provisional ballot;
4. Instructions concerning the identification
required for persons who registered by mail and are first-time voters in this
state;
5. Information concerning the accessibility of
polling places to persons with disabilities; and
6. General information concerning federal and
state laws which prohibit acts of fraud and misrepresentation.
Sec. 15.
1. The Secretary of State shall:
(a)
Provide information regarding voter registration and absentee voting by Armed
Forces personnel and overseas voters;
(b)
Within 90 days after the date of each general election and general city
election in which electors voted for federal offices, submit to the Election
Assistance Commission established pursuant to 42 U.S.C. § 15321 a report of the
combined number of absentee ballots transmitted to absent Armed Forces
personnel and overseas voters for the election and the combined number of such
ballots that were returned by such voters and cast in the election;
(c)
Make each report submitted pursuant to paragraph (b) available to the public;
and
(d) Adopt any regulations
which are necessary to comply with the provisions of the Help America Vote Act
of 2002, Public Law 107-252, and which are not inconsistent with the provisions
of this chapter to the extent the provisions of this chapter are consistent
with the Help American Vote Act of 2002, Public Law 107-252.
2. Each county and city clerk shall provide
such information as is requested by the Secretary of State to comply with the
provisions of this section.
Sec. 16. NRS 293.010 is hereby amended to read as follows:
293.010 As used in this title, unless the context otherwise requires, the words and terms defined in NRS 293.013 to 293.121, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 17. NRS 293.1279 is hereby amended to read as follows:
293.1279 1. If the statistical sampling shows that the number of valid signatures filed is 90 percent or more, but less than the sum of 100 percent of the number of signatures of registered voters needed to declare the petition sufficient plus the total number of requests to remove a name received by the county clerks pursuant to NRS 295.055 or 306.015, the Secretary of State shall order the county clerks to examine the signatures for verification. The county clerks shall examine the signatures for verification until they determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid. If the county clerks received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerks may not determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid until they have removed each name as requested pursuant to NRS 295.055 or 306.015.
2. If the statistical sampling shows that the number of valid signatures filed in any county is 90 percent or more but less than the sum of 100 percent of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county plus the total number of requests to remove a name received by the county clerk in that county pursuant to NRS 295.055 or 306.015, the Secretary of State may order the county clerk in that county to examine every signature for verification. If the county clerk received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerk may not determine that 100 percent or more of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county are valid until he has removed each name as requested pursuant to NRS 295.055 or 306.015.
3. Within 12 days,
excluding Saturdays, Sundays and holidays, after receipt of such an order, the county clerk shall determine from the
records of registration what number of registered voters have signed the
petition. If necessary, the board of county commissioners shall allow the
county clerk additional assistants for examining the signatures and provide for
their compensation. In determining from the records of registration what number
of registered voters have signed the petition, the county clerk [may use any file or list of registered voters
maintained by his office or facsimiles of voters’ signatures.] must use the statewide voter registration
list. The county clerk may rely on the appearance of the signature and the
address and date included with each signature in determining the number of
registered voters that signed the petition.
4. Except as otherwise provided in subsection 5, upon completing the examination, the county clerk shall immediately attach to the documents of the petition an amended certificate , properly dated, showing the result of the examination and shall immediately forward the documents with the amended certificate to the Secretary of State. A copy of the amended certificate must be filed in the county clerk’s office.
5. For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not forward to the Secretary of State the documents containing the signatures of the registered voters.
6. Except for a petition to recall a county, district or municipal officer, the petition shall be deemed filed with the Secretary of State as of the date on which he receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the State.
7. If the amended
certificates received from all county clerks by the Secretary of State
establish that the petition is still insufficient, he shall immediately so
notify the petitioners and the county clerks. If the petition is a petition to
recall a county, district or municipal officer, the Secretary of State shall
also notify the officer with whom the petition is to be filed.
Sec. 18. NRS 293.272 is hereby amended to read as follows:
293.272 1. Except as otherwise provided in subsection 2 [,] and in sections 9 and 10 of this act, a person who registered to
vote pursuant to the provisions of NRS 293.5235 [,] shall, for the first
election in which he votes at which that registration is valid, vote in person
unless he has previously voted in the county in which he is registered to vote.
2. The provisions of subsection 1 do not apply to a person who:
(a) Is entitled to vote in the manner prescribed in NRS 293.343 to 293.355, inclusive;
(b) Is entitled to vote an absent ballot pursuant to federal law or NRS 293.316 or 293.3165;
(c) Is disabled;
(d) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; or
(e) Requests an absent ballot in person at the office of the county clerk.
Sec. 19. NRS 293.277 is hereby amended to read as follows:
293.277 1. If a person’s name appears in the election board register or if he provides an affirmation pursuant to NRS 293.525, he is entitled to vote and must sign his name in the election board register when he applies to vote. His signature must be compared by an election board officer with the signature or a facsimile thereof on his original application to register to vote or one of the forms of identification listed in subsection 2.
2. [The] Except as otherwise provided in section 10
of this act, the forms of identification which may be used individually to
identify a voter at the polling place are:
(a) The card issued to the voter at the time he registered to vote;
(b) A driver’s license;
(c) An identification card issued by the Department of Motor Vehicles;
(d) A military identification card; or
(e) Any other form of identification issued by a governmental agency which contains the voter’s signature and physical description or picture.
Sec. 20. NRS 293.2955 is hereby amended to read as follows:
293.2955 1. Except as otherwise provided in subsection 2, at all times during which a polling place is open, the polling place must:
(a) Be accessible to a voter who is elderly or [disabled;]
a voter with a disability; and
(b) Have at least one voting booth that is:
(1) Designed to allow a voter in a wheelchair to vote;
(2) Designated for use by a voter who is elderly or [disabled;
and] a voter with a disability;
(3) Equipped to allow a voter who is elderly or [disabled]
a voter with a disability to vote
with the same privacy as a voter who is not elderly or [disabled.] as a voter without a disability; and
(4) Equipped with a
mechanical recording device which directly records the votes electronically and
which may be used by a voter with a disability.
2. A polling place that does not comply with the provisions of subsection 1 may be used if necessary because of a natural disaster, including, without limitation, an earthquake, flood, fire or storm.
3. At each polling place, the county clerk is encouraged to:
(a) Post in a conspicuous place, in at least 12-point type, instructions for voting;
(b) Provide ballots in alternative audio and visual formats for
use by a voter who is elderly or [disabled;] a voter with a disability; and
(c) Provide, in alternative audio and visual formats for use by a
voter who is elderly or [disabled,] a
voter with a disability, all materials that are:
(1) Related to the election; and
(2) Made available to a voter in printed form at the polling
place.
Sec. 21. NRS 293.313 is hereby amended to read as follows:
293.313 1. Except as otherwise provided in NRS 293.272 and 293.502, a registered voter who provides sufficient written notice to the county clerk may vote an absent ballot as provided in this chapter.
2. A registered voter who:
(a) Is at least 65 years of age; or
(b) Has a physical disability or condition which substantially impairs his ability to go to the polling place,
may request an absent ballot for all elections held during the year he requests an absent ballot. The registered voter must include in his request a description of his physical disability or condition.
3. As used in this section, “sufficient written notice” means a:
(a) Written request for an absent ballot which is signed by the registered voter and returned to the county clerk in person or by mail or facsimile machine;
(b) Form prescribed by the Secretary of State which is completed and signed by the registered voter and returned to the county clerk in person or by mail or facsimile machine; or
(c) Form provided by the Federal Government.
4. A county clerk shall
consider a request from a voter who has given sufficient written notice on a
form provided by the Federal Government as a request for [both] an absent ballot for the two primary and general elections [unless
otherwise specified in] immediately
following the date on which the county clerk received the request.
5. It is unlawful for a
person fraudulently to request an absent ballot in the name of another person
or to induce or coerce another person fraudulently to request an absent ballot
in the name of another person. A person who violates this subsection is guilty
of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 22. NRS 293.320 is hereby amended to read as follows:
293.320 1. The county clerk shall determine before issuing an absent ballot that the person making application is a registered voter in the proper county.
2. Armed Forces personnel who are not registered to vote and are applying for absent ballots must complete:
(a) The application to register to vote required by NRS 293.517 for registration; or
(b) The form provided by the Federal Government for registration and request of an absent ballot,
before receiving an absent
ballot.
3. If the county clerk rejects an application submitted pursuant to subsection 2 or submitted by an overseas voter, the county clerk shall inform the applicant of the reason for the rejection.
Sec. 23. NRS 293.504 is hereby amended to read as follows:
293.504 1. The following offices shall serve as voter registration agencies:
(a) Such offices that provide public assistance as are designated by the Secretary of State;
(b) Each office that receives money from the State of Nevada to provide services to persons in this state who are disabled;
(c) The offices of the Department of Motor Vehicles;
(d) The offices of the city and county clerks; and
(e) Such other offices as the Secretary of State deems appropriate.
2. Each voter registration agency shall:
(a) Post in a conspicuous place, in at least 12-point type, instructions for registering to vote;
(b) Make applications to register to vote which may be returned by mail available to each person who applies for or receives services or assistance from the agency;
(c) Provide the same amount of assistance to an applicant in completing an application to register to vote as the agency provides to a person completing any other forms for the agency; and
(d) Accept completed applications to register to vote.
3.
Except as otherwise provided in this subsection and NRS 293.524, any
application to register to vote accepted by a voter registration agency must be
transmitted to the county clerk not later than 10 days after the application is
accepted. [During] The
applications must be forwarded daily during the 2 weeks immediately
preceding the [close of registration for an election, the applications must be
forwarded daily.] fifth Saturday
preceding an election. The county clerk shall accept any application to
register to vote which is obtained from a
voter registration agency pursuant to this section and completed by the [last
day to register] fifth Saturday
preceding an election if he receives the application not later than 5 days
after [the close of registration.]
that date.
4. The Secretary of State shall cooperate with the Secretary of Defense to develop and carry out procedures to enable persons in this state to apply to register to vote at recruitment offices of the United States Armed Forces.
Sec. 24. NRS 293.505 is hereby amended to read as follows:
293.505 1. All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.
2. The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.
3. A field registrar shall demand of any person who applies for registration all information required by the application to register to vote and shall administer all oaths required by this chapter.
4. When a field registrar has in his possession five or more completed applications to register to vote he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.
5. [Immediately] Each field registrar shall forward to the
county clerk all completed applications in his possession immediately after
the [close of registration, each field registrar shall forward to the county
clerk all completed applications in his possession.] fifth Saturday preceding an election. Within 5 days after the [close
of registration for a] fifth Saturday
preceding any general election or general city election, a field registrar
shall return all unused applications in his possession to the county clerk. If
all of the unused applications are not returned to the county clerk, the field
registrar shall account for the unreturned applications.
6. Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to register to vote and the names of the electors on those applications. The serial numbers must be listed in numerical order.
7. Each field registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.
8. A field registrar,
employee of a voter registration agency or person assisting a voter pursuant to
subsection [10] 12 of NRS
293.5235 shall not:
(a) Delegate any of his duties to another person; or
(b) Refuse to register a person on account of that person’s political party affiliation.
9. A person shall not hold himself out to be or attempt to exercise the duties of a field registrar unless he has been so appointed.
10. A county clerk, field
registrar, employee of a voter registration agency or person assisting a voter
pursuant to subsection [10] 12 of
NRS 293.5235 shall not:
(a) Solicit a vote for or against a particular question or candidate;
(b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or
(c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,
while he is registering an elector.
11. When the county clerk receives applications to register to vote from a field registrar , he shall issue a receipt to the field registrar. The receipt must include:
(a) The number of persons registered; and
(b) The political party of the persons registered.
12. A county clerk, field
registrar, employee of a voter registration agency or person assisting a voter
pursuant to subsection [10] 12 of
NRS 293.5235 shall not:
(a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading application to register to vote;
(b) Alter or deface an application to register to vote that has been signed by an elector except to correct information contained in the application after receiving notice from the elector that a change in or addition to the information is required; or
(c) Register a person who fails to provide satisfactory proof of identification and the address at which he actually resides.
13. If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.
14. A person who violates any of the provisions of subsection 8, 9, 10 or 12 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 25. NRS 293.507 is hereby amended to read as follows:
293.507 1. The Secretary of State shall prescribe:
(a) A standard form for applications to register to vote; and
(b) A special form for registration to be used in a county where registrations are performed and records of registration are kept by computer.
2. The county clerks shall provide forms for applications to register to vote to field registrars in the form and number prescribed by the Secretary of State.
3. A form for an application to register to vote must include a duplicate copy or receipt to be retained by the applicant upon completion of the form.
4. The form for an application to register to vote must include:
(a) A line for use by the county clerk to enter [the number:
(1) Indicated on the voter’s social security card,] :
(1) The number
indicated on the voter’s current and valid driver’s license [or
identification card] issued by the Department of Motor Vehicles, [or any
other identification card issued by an agency of this state or the Federal
Government that contains:
(I) An identifying number; and
(II) A photograph or physical description of the
voter; or
(2) Issued] if
the voter has such a driver’s license;
(2) The last four
digits of the voter’s social security number, if the voter does not have a
driver’s license issued by the Department of Motor Vehicles and does have a
social security number; or
(3) The number issued to
the voter pursuant to subsection 5 [.] , if the voter does not have a current and
valid driver’s license issued by the Department of Motor Vehicles or a social
security number.
(b) A line on which to enter the address at which the voter actually resides, as set forth in NRS 293.486.
(c) A notice that the voter may not list a business as the address required pursuant to paragraph (b) unless he actually resides there.
(d) A line on which to enter an address at which the voter may receive mail, including, without limitation, a post office box or general delivery.
5. If a voter does not [:
( a) Possess any of] have
the identification set forth in subparagraph (1) or (2) of paragraph (a) of subsection 4 , [; or
(b) Wish to provide to the county clerk the number indicated
on that identification,] the voter
shall sign an affidavit stating that he does not have a current and valid
driver’s license issued by the Department of Motor Vehicles or a social
security number. Upon receipt of the affidavit, the county clerk shall
issue an identification number to the voter
[.] which must be the same
number as the unique identifier assigned to the voter for purposes of the
statewide voter registration list.
6. The Secretary of State
shall adopt regulations to carry out the provisions of subsections 4 and 5.
Sec. 26. NRS 293.517 is hereby amended to read as follows:
293.517 1. Any elector residing within the county may register:
(a) [By] Except as
otherwise provided in NRS 293.560 and 293C.527, by appearing before the
county clerk, a field registrar or a
voter registration agency, completing the application to register to vote , [and] giving true and
satisfactory answers to all questions relevant to his identity and right to
vote [;] , and providing proof of his residence and identity;
(b) By completing and mailing or personally delivering to the county clerk an application to register to vote pursuant to the provisions of NRS 293.5235;
(c) Pursuant to the provisions of NRS 293.501 or 293.524; or
(d) At his residence with the assistance of a field registrar pursuant to NRS 293.5237.
The county clerk shall require a person to submit official identification as proof of residence and identity, such as a driver’s license or other official document, before registering him. If the applicant registers to vote pursuant to this subsection and fails to provide proof of his residence and identity, the applicant must provide proof of his residence and identity before casting a ballot in person or by mail or after casting a provisional ballot pursuant to section 7 or 9 of this act.
2. The application to register to vote must be signed and verified under penalty of perjury by the elector registering.
3. Each elector who is or has been married must be registered under his own given or first name, and not under the given or first name or initials of his spouse.
4. An elector who is registered and changes his name must complete a new application to register to vote. He may obtain a new application:
(a) At the office of the county clerk or field registrar;
(b) By submitting an application to register to vote pursuant to the provisions of NRS 293.5235;
(c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to register to vote; or
(d) At any voter registration agency.
If the elector fails to register under his new name, he may be challenged pursuant to the provisions of NRS 293.303 or 293C.292 and may be required to furnish proof of identity and subsequent change of name.
5. An elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of his application to register to vote.
6. After the county clerk determines that the application to register to vote of a person is complete and that the person is eligible to vote, he shall issue a voter registration card to the voter which contains:
(a) The name, address, political affiliation and precinct number of the voter;
(b) The date of issuance; and
(c) The signature of the county clerk.
Sec. 27. NRS 293.5235 is hereby amended to read as follows:
293.5235 1. Except as otherwise provided in NRS 293.502, a person may register to vote by mailing an application to register to vote to the county clerk of the county in which he resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to register to vote may be used to correct information in the registrar of voters’ register.
2. An application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.
3. The applicant must
complete the application, including,
without limitation, checking the boxes described in paragraphs (b) and (c) of
subsection 9 and [sign] signing
the application.
4. The county clerk shall, upon receipt of an application, determine whether the application is complete.
5. If he determines that the application is complete, he shall, within 10 days after he receives the application, mail to the applicant:
(a) A notice informing him that he is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or
(b) A notice informing him that the registrar of voters’ register has been corrected to reflect any changes indicated on the application.
The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked or personally delivered.
6. If the county clerk determines that the application is not complete, he shall, as soon as possible, mail a notice to the applicant informing him that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after he receives the information, mail to the applicant:
(a) A notice informing him that he is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or
(b) A notice informing him that the registrar of voters’ register has been corrected to reflect any changes indicated on the application.
The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked or personally delivered. If the applicant does not provide the additional information within the prescribed period, the application is void.
7. If the applicant fails to check the box described in paragraph (b) of
subsection 9, the application shall not be considered invalid and the county
clerk shall provide a means for the applicant to correct the omission at the
time the applicant appears to vote in person at his assigned polling place.
8. The Secretary of State shall prescribe
the form for an application to register to vote by mail which must be used to
register to vote by mail in this state.
9. The application to register to vote by
mail must include [a] :
(a) A notice in at least 10-point type which states:
NOTICE: You are urged to return your application to register to
vote to the County Clerk in person or by mail. If you choose to give your
completed application to another person to return to the County Clerk on your
behalf, and the person fails to deliver the application to the County Clerk,
you will not be registered to vote. Please retain the duplicate copy or receipt
from your application to register to vote.
[8.] (b) The
question, “Are you a citizen of the United States?” and boxes for the applicant
to check to indicate whether or not the applicant is a citizen of the United
States.
(c) The question, “Will you
be at least 18 years of age on or before election day?” and boxes for the
applicant to check to indicate whether or not the applicant will be at least 18
years of age or older on election day.
(d) A statement instructing
the applicant not to complete the application if the applicant checked “no” in
response to the question set forth in paragraph (b) or (c).
(e) A statement informing
the applicant that if the application is submitted by mail and the applicant is
registering to vote for the first time, the applicant must submit the
information set forth in paragraph (a) of subsection 2 of section 10 of this
act to avoid the requirements of subsection 1 of section 10 of this act
upon voting for the first time.
10. The county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.
[9.] 11. The county clerk shall mail, by postcard,
the notices required pursuant to subsections 5 and 6. If the postcard is
returned to the county clerk by the United States Postal Service because the
address is fictitious or the person does not live at that address, the county
clerk shall attempt to determine whether the person’s current residence is
other than that indicated on his application to register to vote in the manner
set forth in NRS 293.530.
[10.] 12. A person who, by mail, registers to vote
pursuant to this section may be assisted in completing the application to
register to vote by any other person. The application must include the mailing
address and signature of the person who assisted the applicant. The failure to
provide the information required by this subsection will not result in the application
being deemed incomplete.
[11.] 13. An application to register to vote must be
made available to all persons, regardless of political party affiliation.
[12.] 14. An application must not be altered or
otherwise defaced after the applicant has completed and signed it. An
application must be mailed or delivered in person to the office of the county
clerk within 10 days after it is completed.
[13.] 15. A person who willfully violates any of the
provisions of subsection [10, 11 or] 12 , 13 or 14 is guilty of a category E felony and shall be punished
as provided in NRS 193.130.
[14.] 16. The Secretary of State shall adopt
regulations to carry out the provisions of this section.
Sec. 28. NRS 293.5237 is hereby amended to read as follows:
293.5237
Any time before the [close of registration] fifth Saturday preceding an election, a person who because of
illness, disability or for other good cause shown requires assistance to
complete an application to register to vote may request the county clerk in writing
or by telephone to register him at his residence. Upon request, the county
clerk shall direct the appropriate field registrar to go to the home of such a
person to register him to vote.
Sec. 29. NRS 293.524 is hereby amended to read as follows:
293.524 1. The Department of Motor Vehicles shall provide an application to register to vote to each person who applies for the issuance or renewal of any type of driver’s license or for an identification card.
2. The county clerk shall use the applications to register to vote which are signed and completed pursuant to subsection 1 to register applicants to vote or to correct information in the registrar of voters’ register. An application that is not signed must not be used to register or correct the registration of the applicant.
3.
For the purposes of this section, each employee specifically authorized
to do so by the Director of the Department may oversee the completion of an
application. The authorized employee shall check the application for completeness
and verify the information required by the application. Each application must
include a duplicate copy or receipt to be retained by the applicant upon
completion of the form. The Department shall, except as otherwise provided in
this subsection, forward each application on a weekly basis to the county clerk
or, if applicable, to the registrar of voters of the county in which the
applicant resides. [During] The
applications must be forwarded daily during the 2 weeks immediately
preceding the [close of registration for an election, the applications must
be forwarded daily.]
fifth Saturday preceding an election.
4.
The county clerk shall accept any application to register to vote which
is obtained from the Department of Motor
Vehicles pursuant to this section and completed by the [last day to
register] fifth Saturday preceding an
election if he receives the application not later than 5 days after [the
close of registration.] that date.
Upon receipt of an application, the county clerk or field registrar of voters
shall determine whether the application is complete. If he determines that the
application is complete, he shall notify the applicant and the applicant shall
be deemed to be registered as of the date of the submission of the application.
If he determines that the application is not complete, he shall notify the
applicant of the additional information required. The applicant shall be deemed
to be registered as of the date of the initial submission of the application if
the additional information is provided within 15 days after the notice for the
additional information is mailed. If the applicant has not provided the
additional information within 15 days after the notice for the additional
information is mailed, the incomplete application is void. Any notification
required by this subsection must be given by mail at the mailing address on the
application not more than 7 working days after the determination is made
concerning whether the application is complete.
5. The county clerk shall use any form submitted to the Department to correct information on a driver’s license or identification card to correct information in the registrar of voters’ register, unless the person indicates on the form that the correction is not to be used for the purposes of voter registration. The Department shall forward each such form to the county clerk or, if applicable, to the registrar of voters of the county in which the person resides in the same manner provided by subsection 3 for applications to register to vote.
6. Upon receipt of a form to correct information, the county clerk shall compare the information to that contained in the registrar of voters’ register. If the person is a registered voter, the county clerk shall correct the information to reflect any changes indicated on the form. After making any changes, the county clerk shall notify the person by mail that his records have been corrected.
7. The Secretary of State shall, with the approval of the Director, adopt regulations to:
(a) Establish any procedure necessary to provide an elector who applies to register to vote pursuant to this section the opportunity to do so;
(b) Prescribe the contents of any forms or applications which the Department is required to distribute pursuant to this section; and
(c) Provide for the transfer of the completed applications of registration from the Department to the appropriate county clerk for inclusion in the election board registers and registrar of voters’ register.
Sec. 30. NRS 293.530 is hereby amended to read as follows:
293.530 1. County clerks may use any reliable and
reasonable means available to correct the [official registration lists] portions of the statewide voter registration
list which are relevant to the county clerks and to determine whether a registered voter’s current residence is
other than that indicated on his application to register to vote.
2. A county clerk may, with the consent of the board of county commissioners, make investigations of registration in the county by census, by house-to-house canvass or by any other method.
3. A county clerk shall cancel the registration of a voter pursuant to this section if:
(a) He mails a written notice to the voter which the United States Postal Service is required to forward;
(b) He mails a return postcard with the notice which has a place for the voter to write his new address, is addressed to the county clerk and has postage guaranteed;
(c) The voter does not respond; and
(d) The voter does not appear to vote in an election before the polls have closed in the second general election following the date of the notice.
4. For the purposes of this section, the date of the notice is deemed to be 3 days after it is mailed.
5. The county clerk shall maintain records of:
(a) Any notice mailed pursuant to subsection 3;
(b) Any response to such notice; and
(c) Whether a person to whom a notice is mailed appears to vote in an election,
for not less than 2 years after creation.
6. The county clerk shall
use any postcards which are returned to correct the [official registration
lists.] portions of the statewide
voter registration list which are relevant to the county clerk.
7. If a voter fails to return the postcard mailed pursuant to subsection 3 within 30 days, the county clerk shall designate the voter as inactive on his application to register to vote.
8. The Secretary of State shall adopt regulations to prescribe the method for maintaining a list of voters who have been designated as inactive pursuant to subsection 7.
Sec. 31. NRS 293.5303 is hereby amended to read as follows:
293.5303 In addition to
the methods described in NRS 293.530, the county clerk in each county may enter
into an agreement with the United States Postal Service or any person
authorized by it to obtain the data compiled by the United States Postal
Service concerning changes of addresses of its postal patrons for use by the
county clerk to correct the portions of
the statewide voter registration [lists.] list relevant to the county clerk.
Sec. 32. NRS 293.5307 is hereby amended to read as follows:
293.5307 If a county
clerk enters into an agreement pursuant to NRS 293.5303, he shall review
each notice of a change of address filed with the United States Postal Service
by a resident of the county and identify each resident who is a registered
voter and has moved to a new address. Before removing or correcting information
in the [official] statewide voter registration
list, the county clerk shall mail a notice to each such registered voter and
follow the procedures set forth in NRS 293.530.
Sec. 33. NRS 293.560 is hereby amended to read as follows:
293.560
1. Except as otherwise provided
in NRS 293.502, registration must close at 9 p.m. on the [fifth Saturday]
third Tuesday preceding any primary
or general election and at 9 p.m. on the third Saturday preceding any recall or
special election, except that if a recall or special election is held on the
same day as a primary or general election, registration must close at
9 p.m. on the [fifth Saturday] third
Tuesday preceding the day of the elections.
2.
The [offices] office of
the county clerk [and other ex officio registrars] must be open from 9
a.m. to 5 p.m. and [the office of the county clerk must also be open]
from 7 p.m. to 9 p.m., including Saturdays, during the last days before the
close of registration, according to the following schedule:
(a) In a county whose population is less
than 100,000, [those offices] the
office of the county clerk must be open during the last 3 days before
registration closes.
(b) In all other counties, [those
offices] the office of the county
clerk must be open during the last
5 days before registration closes.
3. Except for a special election held pursuant to chapter 306 or 350 of NRS:
(a) The county clerk of each county shall cause a notice signed by him to be published in a newspaper having a general circulation in the county indicating the day that registration will be closed. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this state.
(b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.
4.
The offices of the county clerk and other ex officio registrars may
remain open on the last Friday in October in each even-numbered year.
5. For the period beginning the fifth Saturday
preceding any primary or general election and ending the third Tuesday
preceding any primary or general election, an elector may register to vote only
by appearing in person at the office of the county clerk.
Sec. 34. NRS 293B.063 is hereby amended to read as follows:
293B.063 [1. Except as otherwise provided in subsection
2, no] No mechanical voting
system may be used in this state unless it meets or exceeds the standards for
voting systems established by the Federal Election Commission.
[2. A mechanical
voting system that does not comply with the standards established by the
Federal Election Commission for computers or software for computers may be used
if it is demonstrated to the Secretary of State that the system performs all
functions required by the Commission.]
Sec. 35. NRS 293B.065 is hereby amended to read as follows:
293B.065 A mechanical
voting system must secure to the voter [secrecy] privacy and independence in the act of voting.
Sec. 36. NRS 293B.084 is hereby amended to read as follows:
293B.084 A mechanical recording device which directly records votes electronically must:
1. Bear a number which identifies that mechanical recording device.
2. Be equipped with a storage device which:
(a) Stores the ballots voted on the mechanical recording device;
(b) Can be removed from the mechanical recording device for the purpose of transporting the ballots stored therein to a central counting place; and
(c) Bears the same number as the mechanical recording device.
3. Be designed in such a manner that voted ballots may be stored within the mechanical recording device and the storage device required pursuant to subsection 2 at the same time.
4. Provide a record printed on paper of:
(a) Each ballot voted on the mechanical recording device; and
(b) The total number of votes recorded on the mechanical
recording device for each candidate and for or against each measure.
5. The paper record described in subsection 4
must be made available for a manual audit and must serve as an official record
for a recount.
Sec. 37. NRS 293C.265 is hereby amended to read as follows:
293C.265 1. Except as otherwise provided in subsection 2 [,] and in sections 9 and 10 of this act, a person who registered to
vote pursuant to the provisions of NRS 293.5235 [,] shall, for the first
city election in which he votes at which that registration is valid, vote in
person unless he has previously voted in the county in which he is registered
to vote.
2. The provisions of subsection 1 do not apply to a person who:
(a) Is entitled to vote in the manner prescribed in NRS 293C.342 to 293C.352, inclusive;
(b) Is entitled to vote an absent ballot pursuant to federal law or NRS 293C.317 or 293C.318;
(c) Is disabled;
(d) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; or
(e) Requests an absent ballot in person at the office of the city clerk.
Sec. 38. NRS 293C.281 is hereby amended to read as follows:
293C.281 1. Except as otherwise provided in subsection 2, at all times during which a polling place is open, the polling place must:
(a) Be accessible to a voter who is elderly or [disabled;]
a voter with a disability; and
(b) Have at least one voting booth that is:
(1) Designed to allow a voter in a wheelchair to vote;
(2) Designated for use by a voter who is elderly or [disabled;
and] a voter with a disability;
(3) Equipped to allow a voter who is elderly or [disabled]
a voter with a disability to vote
with the same privacy as a voter who is not elderly or [disabled.] as a voter without a disability; and
(4) Equipped with a
mechanical recording device which directly records the votes electronically and
which may be used by persons with disabilities.
2. A polling place that does not comply with the provisions of subsection 1 may be used if necessary because of a natural disaster, including, without limitation, an earthquake, flood, fire or storm.
3. At each polling place, the city clerk is encouraged to:
(a) Post in a conspicuous place, in at least 12-point type, instructions for voting;
(b) Provide ballots in alternative audio and visual formats for
use by a voter who is elderly or [disabled;] a voter with a disability; and
(c) Provide, in alternative audio and visual formats for use by a
voter who is elderly or [disabled,] a
voter with a disability, all materials that are:
(1) Related to the election; and
(2) Made available to a voter in printed form at the polling
place.
Sec. 39. NRS 293C.310 is hereby amended to read as follows:
293C.310 1. Except as otherwise provided in NRS 293.502 and 293C.265, a registered voter who provides sufficient written notice to the city clerk may vote an absent ballot as provided in this chapter.
2. A registered voter who:
(a) Is at least 65 years of age; or
(b) Has a physical disability or condition that substantially impairs his ability to go to the polling place,
may request an absent ballot for all elections held during the year he requests an absent ballot. The registered voter must include in his request a description of his physical disability or condition.
3. As used in this section, “sufficient written notice” means a:
(a) Written request for an absent ballot that is signed by the registered voter and returned to the city clerk in person or by mail or facsimile machine;
(b) Form prescribed by the Secretary of State that is completed and signed by the registered voter and returned to the city clerk in person or by mail or facsimile machine; or
(c) Form provided by the Federal Government.
4. A city clerk shall
consider a request from a voter who has given sufficient written notice on a
form provided by the Federal Government as [a] :
(a) A request for the
primary city election and the general city election unless otherwise specified
in the request [.] ; and
(b) A request for an absent ballot for the two primary and general elections immediately following the date on which the city clerk received the request.
5. It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates any provision of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 40. NRS 293C.527 is hereby amended to read as follows:
293C.527
1. Except as otherwise provided
in NRS 293.502, registration must close at 9 p.m. on the [fifth Saturday]
third Tuesday preceding any primary
city election or general city election and at 9 p.m. on the third Saturday
preceding any recall or special election, except that if a recall or special
election is held on the same day as a primary city election or general city
election, registration must close at 9 p.m. on the [fifth Saturday] third Tuesday preceding the day of the
elections.
2.
The [offices] office of
the city [and county clerk and other ex officio registrars] clerk must be open from 9 a.m. to 5 p.m.
and [the offices of the city and county clerk must also be open] from 7
p.m. to 9 p.m., including Saturdays, during the last days before the close of
registration before a primary city election or general city election, according
to the following schedule:
(a) In a city whose population is less than
25,000, [those offices] the office
of the city clerk must be open during the last 3 days before registration
closes.
(b) In a city whose population is 25,000 or
more, [those offices] the office
of the city clerk must be open during the last 5 days before registration
closes.
3. Except for a special election held pursuant to chapter 306 or 350 of NRS:
(a) The city clerk of each city shall cause a notice signed by him to be published in a newspaper having a general circulation in the city indicating the day that registration will be closed. If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this state.
(b) The notice must be published once each
week for 4 consecutive weeks next preceding the close of registration for any
election.
4. For the period beginning the fifth Saturday
preceding any primary city election or general city election and ending the
third Tuesday preceding any primary city election or general city election, an
elector may register to vote only by appearing in person at the office of the
city clerk.
Sec. 41. NRS 293C.532 is hereby amended to read as follows:
293C.532 1. Each person who resides within the
boundaries of the city at the time of the holding of any city election, and
whose name appears upon the [official register of voters for] statewide voter registration list as a
registered voter of the city, is entitled to vote at each special election,
primary city election and general city election, and for all officers to be
voted for and on all questions submitted to the people at those elections
except as otherwise provided in chapter 266 of NRS.
2. The governing body of
a city may provide for a supplemental registration.
Sec. 42. NRS 293C.535 is hereby amended to read as follows:
293C.535 1. Except as otherwise provided by special charter, registration of electors in incorporated cities must be accomplished in the manner provided in this chapter.
2. The county clerk shall use the statewide voter registration list to prepare for the city clerk of each incorporated city within his county the election board register of all electors eligible to vote at a regular or special city election.
3. The official register must be prepared in suitable books, one for each ward or other voting district within each incorporated city. The entries in the election board register must be arranged alphabetically with the surnames first.
4. The county clerk shall keep duplicate originals or copies of the applications to register to vote contained in the official register in his office.
Sec. 43. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 44. The provisions of chapter 333 of NRS do not apply to a contract awarded before January 1, 2005, by the Secretary of State to establish and maintain the statewide voter registration list created pursuant to section 3 of this act.
Sec. 45. 1. This section and sections 43 and 44 of this act become effective upon passage and approval.
2. Section 3 of this act becomes effective on passage and approval for purposes of awarding contracts to establish and maintain a statewide voter registration list pursuant to section 3 of this act, and:
(a) If the State of Nevada obtains a waiver in the manner set forth in 42 U.S.C. § 15483(d)(1)(B), on January 1, 2006, for all other purposes; or
(b) If the State of Nevada does not obtain such a waiver, on January 1, 2004, for all other purposes.
3. Section 10 of this act becomes effective on July 1, 2003.
4. Sections 1, 2, 4 to 9, inclusive, 11 to 19, inclusive, 21 to 37, inclusive, and 39 to 42, inclusive, of this act become effective on January 1, 2004.
5. Sections 20 and 38 of this act become effective on January 1, 2006.”.
Amend the title of the bill to read as follows:
“AN ACT relating to elections; requiring the Secretary of State to establish a statewide voter registration list; establishing certain standards for voting systems; establishing the use of provisional ballots for certain elections held in this state; changing the types of acceptable identification for certain persons voting for the first time; requiring the posting of certain information at each polling place; requiring county and city clerks to take certain actions to assist elderly persons and persons with disabilities in voting; changing the type of identification required to register to vote; making various changes concerning voting by persons who are in the Armed Forces of the United States or overseas; extending the period for registering to vote; exempting the Secretary of State from the State Purchasing Act for awarding certain contracts concerning the statewide voter registration list; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning elections. (BDR 24‑560)”.
Senator O'Connell moved the adoption of the amendment.
Remarks by Senators O'Connell, Neal and Coffin.
Senator O'Connell moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 1:52 p.m.
SENATE IN SESSION
At 1:55 p.m.
President Hunt presiding.
Quorum present.
Remarks by Senators O'Connell and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
WAIVERS
AND EXEMPTIONS
Notice
of Exemption
April 21, 2003
The
Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has
determined the exemption of Senate Bill No. 457.
SECOND READING AND AMENDMENT
Senate Bill No. 457.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 364.
Amend section 1, page 2, by deleting lines 1 and 2.
Amend the bill as a whole by renumbering sec. 7 as sec. 8 and adding a new section designated sec. 7, following sec. 6, to read as follows:
“Sec. 7. NRS 205.420 is hereby amended to read as follows:
205.420
Every person who [shall conduct] conducts any business or [perform] performs any act under color of, or [file] files for record with any public
officer, any false or fraudulent permit, license [, diploma] or writing,
or any permit, license [, diploma] or writing not lawfully belonging to [such]
that person, or who [shall obtain]
obtains any permit, license, diploma
or writing by color or aid of any false representation, pretense, personation,
token or writing, [shall be] is guilty
of a gross misdemeanor.”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senator Rawson moved that Senate Bill No. 457 be re-referred to the Committee on Finance upon return from reprint.
Remarks by Senator Rawson.
Motion carried.
Senate Bill No. 460.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 480.
Amend the bill as a whole by renumbering sections 1 through 3 as sections 7 through 9 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:
“Section 1. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec.
2. As used in sections 2 to 6, inclusive, of this act, unless the context
otherwise requires, “employee” means a person who:
1. Is employed by a school district in this
state; and
2. Is required, as a condition of his
employment, to hold a license issued pursuant to this chapter.
Sec.
3. 1. If an employee fails to
maintain his license in force, the school district that employs him shall:
(a)
Immediately suspend the employee without pay; and
(b)
Terminate his employment if he fails to reinstate his license within the time
prescribed by subsection 2 of section 4 of this act.
2. If an employee is suspended pursuant to this
section and, within 60 days after the date of suspension, is granted by the Department or Commission an
extension of time or any other relief which has the effect of reinstating or
continuing his license in force, the suspension of the employee is ineffective
and the school district shall immediately reinstate the employee while his
license remains in force. The employee must be reinstated to the position he
held at the time of his suspension. If the employee thereafter fails again to
maintain his license in force, the school district shall again suspend the
employee without pay and proceed in accordance with sections 4, 5 and 6 of this
act.
Sec.
4. 1. If a school district is
required to suspend an employee pursuant to section 3 of this act, the
superintendent of schools of the school district shall provide written notice
of the suspension to the employee by personal delivery or by certified mail. The
notice must:
(a)
Include a copy of the text of the provisions of sections 2 to 6, inclusive, of
this act;
(b)
Inform the employee that his employment will be terminated unless he reinstates
his license within the time prescribed by subsection 2;
(c) Set
forth the date on which the period for reinstatement of his license will
expire;
(d)
Advise the employee of his right to a hearing pursuant to section 5 of this
act;
(e)
Include a copy of the form upon which the employee may request a hearing; and
(f)
Set forth the name and address of the person to whom a request for a hearing
should be directed.
2. If an employee reinstates his license:
(a) Within 60 days after the date of the notice
of suspension; or
(b) Within any longer period authorized by the
superintendent of schools of the school district or his designee pursuant to
section 5 of this act,
the school district shall immediately
reinstate the employee to the position that he held at the time of his
suspension.
3. If an employee fails to reinstate his
license within the time prescribed by subsection 2, his employment shall be
deemed to have terminated as of the date of his suspension pursuant to section
3 of this act. The superintendent of schools of the school district shall
provide written notice of the termination to the employee by personal delivery
or by certified mail. The failure of the employee to receive the notice
required by this subsection does not render the termination ineffective.
Sec.
5. 1. An employee who is suspended
by a school district pursuant to section 3 of this act is entitled to a hearing
if he makes a timely request for a hearing, as set forth in this section. A
request for a hearing must:
(a) Be
received, within 15 days after the date of the notice of suspension, by the
person designated by the school district pursuant to paragraph (f) of
subsection 1 of section 4 of this act;
(b)
Set forth any facts which the employee believes are relevant; and
(c) Be
accompanied by a copy of any documents which the employee believes are
relevant.
2. If an employee fails to make a timely
request for a hearing pursuant to this section, the right of the employee to
reinstatement by the school district pursuant to subsection 2 of section 4 of
this act is not affected if he satisfies the requirements of that subsection.
3. If a timely request for a hearing is made,
the superintendent of schools of the school district or his designee shall
convene a hearing to consider whether extenuating circumstances exist that
warrant an extension of the time prescribed by paragraph (a) of subsection 2 of
section 4 of this act for reinstatement of his license.
4. A hearing required by this section must be
held within 20 days after the date of notice of suspension. The employee and
the school district are each entitled to:
(a) Present evidence;
(b)
Cross-examine witnesses; and
(c) Be
represented by counsel or any other person.
5. Immediately upon conclusion of the hearing,
the superintendent of schools of the school district or his designee shall
issue a ruling. The ruling must:
(a)
State whether the employee will be granted an extension of time for
reinstatement of his license;
(b)
Set forth the factual basis for his determination; and
(c)
State the date on which an extension, if any, will expire.
6. In addition to the requirements of
subsection 5, the ruling must be set forth in writing. Not later than 3 working
days after the conclusion of the hearing, a copy of the written ruling must be
mailed or personally delivered to the employee and the person who represented
the employee during the hearing, if any. The failure of an employee to receive
a copy of the written ruling does not render the ruling ineffective.
7. If an employee is granted an extension of
time pursuant to this section, that extension is effective only for the
purposes of the employment relationship between the school district and the
employee and is not binding on the Department or Commission.
Sec.
6. The provisions of sections 2 to 6, inclusive, of this act do not:
1. Limit any right or remedy an employee may
have against an agency or official of this state based upon the loss of his
license.
2. Preclude a school district from employing a
person as a substitute teacher or in any other position for which he is legally
qualified.”.
Amend
sec. 2, page 3, by deleting lines 2 through 4 and inserting: “shall suspend or
terminate, as applicable, the employment of any teacher who fails to maintain a
license issued pursuant to this chapter in force, if such a license is required
for employment. Any such suspension or termination must comply with the
requirements of sections 2 to 6, inclusive, of this act.”.
Amend sec. 3, page 3, by deleting lines 20 through 22 and inserting: “not apply to a teacher whose employment is suspended or terminated pursuant to subsection 3 of NRS 391.120 for failure to maintain a license in force.”
Amend the bill as a whole by renumbering sec. 4 as sec. 11 and adding a new section designated sec. 10, following sec. 3, to read as follows:
“Sec. 10. 1. The provisions of sections 2 to 6, inclusive, of this act and the amendatory provisions of sections 8 and 9 of this act are applicable to any employee:
(a) Whose license expires or is revoked, or who fails for any other reason to maintain his license in force, on or after the effective date of this act.
(b)
Who:
(1)
Fails for any reason to maintain his license in force before the effective date
of this act; and
(2)
Has not, as of the effective date of this act, received a hearing before a hearing
officer or arbitrator pursuant to NRS 391.311 to 391.3197, inclusive.
2. The superintendent of schools of a school
district that employs a person described in paragraph (b) of subsection 1,
shall, as soon as practicable after the effective date of this act, provide notice to the employee in the manner
required by section 4 of this act. Upon issuance of the notice, the employee
shall be deemed to have the rights, remedies and duties set forth in sections 2
to 6, inclusive, of this act.”.
Amend the title of the bill to read as follows:
“AN ACT relating to educational personnel; providing that the employment of a teacher for whom a license is required must be suspended or terminated for failure to maintain a license in force; prescribing administrative procedural protections for certain teachers who are suspended for failure to maintain a license in force; providing that certain other existing administrative procedural protections do not apply to a teacher whose employment is suspended or terminated for failure to maintain a license in force; revising the definition of “immorality” applicable to the licensed employees of a school district to include the commission of certain drug‑related offenses and sexual conduct or attempted sexual conduct with a pupil; and providing other matters properly relating thereto.”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 485.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 489.
Amend sec. 57, page 17, line 25, after “may” by deleting “to”.
Amend sec. 67, page 21, line 32, by deleting “590.330,” and inserting “590.450,”.
Amend sec. 68, page 21, line 37, by deleting “581.320,”.
Amend the leadlines of repealed sections by deleting the leadline of NRS 581.320.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 491.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 454.
Amend the bill as a whole by deleting sections 1 and 2, renumbering sec. 3 as sec. 4 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each subcontractor whose name is required to
be included in a bid pursuant to NRS 338.141 must, to be eligible to provide
labor or a portion of the work or improvement to a contractor to whom the State
Public Works Board awards a contract pursuant to this chapter, be qualified in accordance
with criteria established by regulation by the State Public Works Board. The
criteria established by the State Public Works Board pursuant to this
subsection must be made applicable to a subcontractor but must otherwise be
substantively identical to the criteria set forth in paragraph (b) of
subsection 3 of NRS 338.1375.
2. A subcontractor shall be presumed to be
qualified pursuant to subsection 1 unless the State Public Works Board has
received verifiable information indicating that the subcontractor:
(a)
Has been disciplined or fined by the State Contractors’ Board for a violation
of chapter 624 of NRS; or
(b)
Does not meet the criteria established by regulation pursuant to this section.
3. Upon receipt of verifiable information of a
type described in subsection 2, the State Public Works Board shall conduct an
investigation to determine whether the subcontractor meets the criteria
established by regulation pursuant to this section. Except as otherwise
provided in subsection 4, if the State Public Works Board determines that the
subcontractor does not meet such criteria, the State Public Works Board may
disqualify the subcontractor, for a period set by the State Public Works Board,
from participating in public works projects which are sponsored by the State
Public Works Board. The State Public Works Board shall provide written notice
to the subcontractor of any such disqualification.
4. A subcontractor may appeal a
disqualification pursuant to subsection 3 in the manner set forth in NRS
338.1381.
Sec. 2. NRS 338.1373 is hereby amended to read as follows:
338.1373 1. A local government shall award a contract for the construction, alteration or repair of a public work pursuant to the provisions of:
(a) NRS 338.1377 to 338.139, inclusive; or
(b) NRS 338.143 to 338.148, inclusive.
2. The provisions of NRS 338.1375 to 338.1383, inclusive, and section 1 of this act and 338.139 do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.313 to 408.433, inclusive.
Sec. 3. NRS 338.1375 is hereby amended to read as follows:
338.1375 1. The State Public Works Board shall not accept a bid on a contract for a public work unless the person who submits the bid has qualified pursuant to NRS 338.1379 to bid on that contract.
2. The State Public Works Board shall by regulation adopt criteria for the qualification of bidders on contracts for public works of this state. The criteria adopted by the State Public Works Board pursuant to this section must be used by the State Public Works Board to determine the qualification of bidders on contracts for public works of this state.
3. The criteria adopted by the State Public Works Board pursuant to this section:
(a) Must be adopted in such a form that the determination of whether an applicant is qualified to bid on a contract for a public work does not require or allow the exercise of discretion by any one person.
(b) May include only:
(1) The financial ability of the applicant to perform a contract;
(2) The principal personnel of the applicant;
(3) Whether the applicant has breached any contracts with a public agency or person in this state or any other state;
(4) Whether the applicant has been
disqualified from being awarded a contract pursuant to NRS 338.017 or 338.1387;
[and]
(5) The performance history of the
applicant concerning other recent, similar contracts, if any, completed by the
applicant [.] ; and
(6) The truthfulness and completeness of the application.”.
Amend sec. 3, page 3, line 26, by deleting:
“his application, the applicant” and inserting: “[his application,] an application pursuant to NRS 338.1379 or
disqualifying a subcontractor pursuant to section 1 of this act, the
applicant or subcontractor, as
applicable,”.
Amend sec. 3, page 3, line 35, after “applicant” by inserting “or subcontractor”.
Amend sec. 3, page 3, line 37, after “applicant” by inserting “or subcontractor”.
Amend sec. 3, page 3, line 38, by deleting
“applicant.” and inserting: “applicant [.] or subcontractor.”.
Amend sec. 3, page 3, line 39, after “applicant” by inserting “or subcontractor”.
Amend sec. 3, page 3, by deleting line 41 and inserting: “bid on a contract for a public work, or that the subcontractor is qualified to be a subcontractor on a contract for a”.
Amend the bill as a whole by deleting sections 4 through 6 and renumbering sections 7 through 11 as sections 5 through 9.
Amend sec. 7, page 9, by deleting lines 14 through 16 and inserting:
“(a) The name of each subcontractor who will provide labor or a portion of the work or”.
Amend sec. 7, page 9, line 26, by deleting
“time, his” and inserting: “time [, his] or if the list includes the name of a subcontractor who has been
disqualified by the State Public Works Board pursuant to section 1 of this act,
the contractor’s”.
Amend sec. 11, page 14, by deleting lines 11 through 15 and inserting:
“Sec. 9. This act becomes effective upon passage and approval.”.
Amend the title of the bill to read as follows:
“AN ACT relating to public works; requiring certain subcontractors to become qualified to be subcontractors on contracts for public works; providing that those subcontractors are presumed to be qualified except under certain circumstances; authorizing the Board to disqualify subcontractors under certain circumstances; providing for a process to appeal such a disqualification; revising the criteria that the Board is required to adopt for the qualification of bidders on contracts for public works; authorizing the Board and the governing body of a local government to issue subpoenas relating to hearings on denials of applications for qualification to bid on or be subcontractors on contracts for public works; specifying the burden of proof in such hearings; revising the provisions governing the awarding of design‑build contracts; and providing other matters properly relating thereto.”.
Senator Tiffany moved the adoption of the amendment.
Remarks by Senator Tiffany.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Joint Resolution No. 3.
Resolution read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 492.
Amend the preamble of the resolution, page 1, line 5, by deleting “1.7” and inserting “2”.
Amend the preamble of the resolution, page 2, line 19, by deleting “5” and inserting “3.86”.
Amend the preamble of the resolution, page 2, line 34, by deleting “or” and inserting: “and approximately 8 percent of the federal public land in Nevada that is managed by the Bureau of Land Management has been”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.
Senate Joint Resolution No. 4.
Resolution read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 493.
Amend the preamble of the resolution, page 1, line 5, by deleting “1.7” and inserting “2”.
Amend the preamble of the resolution, page 2, line 1, by deleting “5” and inserting “3.86”.
Amend the preamble of the resolution, page 2, line 8, by deleting “or” and inserting: “and approximately 8 percent of the federal public land in Nevada that is managed by the Bureau of Land Management has been”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.
Senate Bill No. 319.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 112.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 through 8 as sections 1 through 7.
Amend sec. 2, page 2, by deleting line 35 and inserting:
“7. A policy that is not subject to taxation pursuant to NRS 680B.025.”.
Amend sec. 3, page 2, by deleting line 42 and inserting: “Commissioner. If practicable, one of the members of the Board must be an”.
Amend sec. 4, page 3, line 31, by deleting “One” and inserting: “If practicable, one”.
Amend sec. 4, page 3, line 32, by deleting “be the” and inserting “be an”.
Amend the bill as a whole by renumbering sec. 9 as sec. 10 and adding new sections designated sections 8 and 9, following sec. 8, to read as follows:
“Sec. 8. NRS 616C.330 is hereby amended to read as follows:
616C.330 1. The hearing officer shall:
(a) Within 5 days after receiving a request
for a hearing, set the hearing for a date and time within 30 days after his
receipt of the request [;] and at
a place in Reno, Nevada, or Las Vegas, Nevada, or any other place of
convenience to the parties, as determined by the hearing officer;
(b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled; and
(c) Conduct hearings expeditiously and informally.
2. The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada Attorney for Injured Workers.
3. If necessary to resolve a medical question concerning an injured employee’s condition or to determine the necessity of treatment for which authorization for payment has been denied, the hearing officer may refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians and chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any medical examination requested by the hearing officer.
4. If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the hearing officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.
5. The hearing officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.
6. The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.
7. The hearing officer shall render his decision within 15 days after:
(a) The hearing; or
(b) He receives a copy of the report from the medical examination he requested.
8. The hearing officer shall render his decision in the most efficient format developed by the Chief of the Hearings Division of the Department of Administration.
9. The hearing officer shall give notice of his decision to each party by mail. He shall include with the notice of his decision the necessary forms for appealing from the decision.
10. Except as otherwise provided in NRS 616C.380, the decision of the hearing officer is not stayed if an appeal from that decision is taken unless an application for a stay is submitted by a party. If such an application is submitted, the decision is automatically stayed until a determination is made on the application. A determination on the application must be made within 30 days after the filing of the application. If, after reviewing the application, a stay is not granted by the hearing officer or an appeals officer, the decision must be complied with within 10 days after the refusal to grant a stay.
Sec. 9. NRS 616C.345 is hereby amended to read as follows:
616C.345 1. Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by filing a notice of appeal with an appeals officer within 30 days after the date of the decision.
2. If a dispute is required to be submitted to a procedure for resolving complaints pursuant to NRS 616C.305 and:
(a) A final determination was rendered pursuant to that procedure; or
(b) The dispute was not resolved pursuant to that procedure within 14 days after it was submitted,
any party to the dispute may file a notice of appeal within 70 days after the date on which the final determination was mailed to the employee, or his dependent, or the unanswered request for resolution was submitted. Failure to render a written determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.
3. Except as otherwise provided in NRS 616C.380, the filing of a notice of appeal does not automatically stay the enforcement of the decision of a hearing officer or a determination rendered pursuant to NRS 616C.305. The appeals officer may order a stay, when appropriate, upon the application of a party. If such an application is submitted, the decision is automatically stayed until a determination is made concerning the application. A determination on the application must be made within 30 days after the filing of the application. If a stay is not granted by the officer after reviewing the application, the decision must be complied with within 10 days after the date of the refusal to grant a stay.
4.
Except as otherwise provided in [this subsection,] subsection 5, the appeals officer shall,
within 10 days after receiving a notice of appeal pursuant to this section or a
contested claim pursuant to subsection 5 of NRS 616C.315 [, schedule]
:
(a)
Schedule a hearing on the merits of the appeal or contested claim for a
date and time within 90 days after his receipt of the notice and at a place in Reno, Nevada, or Las
Vegas, Nevada, or any other place of convenience to the parties, as determined
by the appeals officer; and [give]
(b) Give notice by mail or by personal service to all parties to the matter and their attorneys or agents at least 30 days before the date and time scheduled.
5. A request to schedule the hearing for a date and time which is:
(a) Within 60 days after the receipt of the notice of appeal or contested claim; or
(b) More than 90 days after the receipt of the notice or claim,
may be submitted to the appeals officer only if all parties to the appeal or contested claim agree to the request.
[5.] 6. An appeal or contested
claim may be continued upon written stipulation of all parties, or upon good
cause shown.
[6.] 7. Failure to file a
notice of appeal within the period specified in subsection 1 or 2 may be
excused if the party aggrieved shows by a preponderance of the evidence that he
did not receive the notice of the determination and the forms necessary to
appeal the determination. The claimant, employer or insurer shall notify the
hearing officer of a change of address.”.
Amend the title of the bill to read as follows:
“AN ACT relating to insurance; providing an exception to the counter‑signature requirement for certain types of insurance; revising the membership of certain boards; providing that any refund of an assessment by the Division of Industrial Relations of the Department of Business and Industry must include payment for interest earned; providing that hearings officers and appeals officers shall designate the location of certain hearings; requiring the Commissioner of Insurance to conduct a study relating to the Investments of Insurers Model Act adopted by the National Association of Insurance Commissioners; and providing other matters properly relating thereto.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Townsend and Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
REPORTS
OF COMMITTEES
Madam
President:
Your
Committee on Finance, to which was referred Senate Bill No. 164, 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 Natural Resources, to which was referred Senate Bill No. 58, has
had the same under consideration, and begs leave to report the same back with
the recommendation: Amend, and do pass as amended.
Dean A. Rhoads, Chairman
President Hunt moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 2:11 p.m.
SENATE IN SESSION
At 2:16 p.m.
President Hunt presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rawson moved that all Senate bills reported out of committees on the third agenda be placed on the appropriate reading file on the third agenda.
Remarks by Senator Rawson.
Motion carried.
Senator Rawson moved that the Senate recess until 5 p.m.
Motion carried.
Senate in recess at 2:18 p.m.
SENATE IN SESSION
At 5:44 p.m.
President Hunt presiding.
Quorum present.
REPORTS
OF COMMITTEES
Madam
President:
Your
Committee on Commerce and Labor, to which were referred Senate Bills Nos. 248,
310, 323, 338, 372, has had the same under consideration, and begs leave to
report the same back with the recommendation: Amend, and do pass as amended.
Randolph J. Townsend, Chairman
Madam
President:
Your
Committee on Government Affairs, to which were referred Senate Bills Nos. 229,
449, has had the same under consideration, and begs leave to report the same
back with the recommendation: Amend, and do pass as amended.
Ann O'Connell, Chairman
Madam
President:
Your
Committee on Transportation, to which were referred Senate Bills Nos. 187, 220,
480, has had the same under consideration, and begs leave to report the same
back with the recommendation: Amend, and do pass as amended.
Raymond C. Shaffer, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that the motion whereby Senate Bill No. 144 was re-referred to the Committee on Finance be rescinded.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that Senate Bill No. 371 be re-referred to the Committee on Finance upon return from reprint.
Remarks by Senator Raggio.
Motion carried.
Senator Townsend moved that Senate Bill No. 97 be taken from the Secretary's desk and placed at the bottom of the Second Reading File.
Remarks by Senator Townsend.
Motion carried.
Senator Care moved that Senate Bill No. 220 be taken from the Second Reading File and placed on the Secretary’s desk.
Remarks by Senator Care.
Motion carried.
Senator Shaffer moved that Senate Bill No. 187 be taken from the Second Reading File and placed on the Secretary’s desk.
Remarks by Senator Shaffer.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 58.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 488.
Amend the bill as a whole by renumbering section 1 as sec. 7 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:
“Section 1. Chapter 445A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. “Hazardous waste” has the meaning ascribed to it in NRS 459.430.
Sec.
3. 1. Except as otherwise provided
in subsection 2, any analysis performed to detect the presence of hazardous
waste or a regulated substance in soil or water as required for the purposes of
NRS 445A.300 to 445A.730, inclusive, and sections 2 and 3 of this act must be
performed by a laboratory certified pursuant to the regulations adopted
pursuant to NRS 445A.425.
2. The provisions of subsection 1 do not apply to an analysis of waste that is managed by a facility for the management of hazardous waste.
Sec. 4. NRS 445A.310 is hereby amended to read as follows:
445A.310 As used in NRS 445A.300 to 445A.730, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 445A.315 to 445A.420, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 445A.425 is hereby amended to read as follows:
445A.425 1. Except as specifically provided in NRS 445A.625 to 445A.645, inclusive, the Commission shall:
(a) Adopt regulations carrying out the provisions of NRS 445A.300 to 445A.730, inclusive, and sections 2 and 3 of this act, including standards of water quality and amounts of waste which may be discharged into the waters of the State.
(b) Adopt regulations
providing for the certification of laboratories that perform analyses for the
purposes of NRS 445A.300 to 445A.730, inclusive, and sections 2 and 3 of this
act to detect the presence of hazardous waste or a regulated substance in soil
or water.
(c) Adopt regulations controlling the injection of fluids through a well to prohibit those injections into underground water, if it supplies or may reasonably be expected to supply any public water system, as defined in NRS 445A.840, which may result in that system’s noncompliance with any regulation regarding primary drinking water or may otherwise have an adverse effect on human health.
[(c)] (d) Advise, consult and cooperate with other agencies of the
State, the Federal Government, other states, interstate agencies and other
persons in furthering the provisions of NRS 445A.300 to 445A.730, inclusive [.] , and sections 2 and 3 of this act.
[(d)] (e) Determine and prescribe the qualifications and duties of the
supervisors and technicians responsible for the operation and maintenance of
plants for sewage treatment.
2. The Commission may by regulation require that supervisors and technicians responsible for the operation and maintenance of plants for sewage treatment be certified by the Department. The regulations may include a schedule of fees to pay the costs of certification. The provisions of this subsection apply only to a package plant for sewage treatment whose capacity is more than 5,000 gallons per day and to any other plant whose capacity is more than 10,000 gallons per day.
3. In adopting regulations, standards of water quality and effluent limitations pursuant to NRS 445A.300 to 445A.730, inclusive, and sections 2 and 3 of this act, the Commission shall recognize the historical irrigation practices in the respective river basins of this state, the economy thereof and their effects.
4. The Commission may hold hearings, issue notices of hearings, issue subpoenas requiring the attendance of witnesses and the production of evidence, administer oaths and take testimony as it considers necessary to carry out the provisions of this section and for the purpose of reviewing standards of water quality.
5. As used in this section, “plant for sewage treatment” means any facility for the treatment, purification or disposal of sewage.
Sec. 6. NRS 445A.625 is hereby amended to read as follows:
445A.625
[1.] The Department may
issue, pursuant to NRS 445A.630, 445A.635 and 445A.640, a written permit to an
applicant for that person to discharge, deposit, generate or dispose of any
radioactive or hazardous waste.
[2.
As used in this section, “hazardous waste” has the meaning ascribed to
it in NRS 459.430.]”.
Amend section 1, page 1, by deleting lines 2 through 7 and inserting: “thereto the provisions set forth as sections 8 and 9 of this act.”.
Amend the bill as a whole by renumbering sections 2 through 5 as sections 10 through 13 and adding new sections designated sections 8 and 9, following section 1, to read as follows:
“Sec.
8. 1. Except as otherwise provided
in subsection 2, any analysis performed to detect the presence of hazardous
waste or a regulated substance in soil or water as required for the purposes of
NRS 459.400 to 459.600, inclusive, and sections 8 and 9 of this act, 459.610 to
459.658, inclusive, or 459.800 to 459.856, inclusive, must be performed by a
laboratory certified pursuant to the regulations adopted pursuant to
NRS 459.500.
2. The provisions of subsection 1 do not apply to an analysis of waste that is managed by a facility for the management of hazardous waste.
Sec. 9. Any analysis performed for a person who generates waste to identify whether that waste is hazardous as required for the purposes of NRS 459.400 to 459.600, inclusive, and sections 8 and 9 of this act must be performed by a laboratory certified pursuant to the regulations adopted pursuant to NRS 459.500.”.
Amend sec. 2, page 1, line 10, by deleting “section 1” and inserting: “sections 8 and 9”.
Amend sec. 3, page 2, lines 2 and 8, by deleting “section 1” and inserting: “sections 8 and 9”.
Amend sec. 4, page 2, line 14, by deleting “section 1” and inserting: “sections 8 and 9”.
Amend sec. 5, page 2, by deleting line 45 and inserting: “analyses for the purposes of NRS 459.400 to 459.600, inclusive, and sections 8 and 9 of this act, 459.610 to 459.658, inclusive, and 459.800 to 459.856, inclusive, to”.
Amend the bill as a whole by renumbering sec. 6 as sec. 17 and adding new sections designated sections 14 through 16, following sec. 5, to read as follows:
“Sec. 14. NRS 459.812 is hereby amended to read as follows:
459.812
“Owner” means any person who owns [a] :
1. An underground
storage tank used to store or dispense regulated substances after November
8, 1984, or if the use of the tank was discontinued before that date, the last
person to own such a tank before its use was discontinued [.] ; or
2. An aboveground storage tank used to store or
dispense regulated substances after October 1, 2003, or, if the use of the tank
was discontinued before that date, the last person to own such a tank before
its use was discontinued.
Sec. 15. NRS 459.820 is hereby amended to read as follows:
459.820
“Storage tank” means any one or combination of stationary tanks , including pipes connected thereto,
used to contain and accumulate regulated substances. The term includes only [those]
:
1. Underground storage tanks that are
regulated pursuant to the Federal Resource Conservation and Recovery Act of
1976, 42 U.S.C. §§ 6901 et seq. ; and
2. Aboveground storage tanks that have a
storage capacity of at least 110 gallons but not more than 30,000 gallons,
including, without limitation, aboveground storage tanks located over water and
used to supply fuel at a marina or other facility.
Sec. 16. NRS 459.825 is hereby amended to read as follows:
459.825 1. The Commission shall coordinate:
(a) The collection of fees related to [underground]
storage tanks;
(b) The adoption of regulations governing [underground]
storage tanks; and
(c) The standardization of forms used by the
agencies of the State and local governments that regulate [underground]
storage tanks for reporting information relating to such storage tanks.
2.
Each agency of this state and local government that regulates [underground]
storage tanks shall, in consultation with the Commission:
(a) Cooperate to eliminate any duplication,
conflicts or inconsistencies in regulations adopted to govern [underground]
storage tanks;
(b) Review periodically the forms for
reporting information related to [underground] storage tanks to
determine whether they are complete and easy to understand and, if appropriate,
revise the forms accordingly;
(c) Cooperate to develop a uniform format
for reporting information related to [underground] storage tanks;
(d) Cooperate to ensure that agencies of
local governments that respond to emergencies involving [underground]
storage tanks receive reports of those emergencies in a timely manner; and
(e) Consolidate the collection of fees
related to [underground] storage tanks.”.
Amend sec. 6, page 3, by deleting lines 27 through 33 and inserting:
“Sec. 17. 1. This section becomes effective upon passage and approval.
2. Sections 14, 15 and 16 of this act become effective upon passage and approval for the purpose of adopting regulations governing aboveground storage tanks and on October 1, 2003, for all other purposes.
3. Section 13 of this act becomes effective upon passage and approval for the purpose of adopting regulations and on July 1, 2004, for all other purposes.
4. Sections 1 to 12, inclusive, of this act become effective on July 1, 2004.”.
Amend the title of the bill to read as follows:
“AN ACT relating to hazardous materials; providing that certain required analyses relating to hazardous waste and regulated substances must be performed by certified laboratories; requiring the State Environmental Commission to adopt regulations for the certification of such laboratories; providing for the regulation of certain aboveground storage tanks by the Commission; providing penalties; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes relating to hazardous materials. (BDR 40‑943)”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senator Rhoads moved that Senate Bill No. 58 be re-referred to the Committee on Finance upon return from reprint.
Remarks by Senator Rhoads.
Motion carried.
Senate Bill No. 122.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 433.
Amend the bill as a whole by deleting sections 1 through 17 and adding new sections designated sections 1 through 20, following the enacting clause, to read as follows:
“Section 1. NRS 686B.040 is hereby amended to read as follows:
686B.040 [The]
1. Except as otherwise provided in subsection
2, the Commissioner may by rule exempt any person or class of persons or
any market segment from any or all of the provisions of NRS 686B.010 to
686B.1799, inclusive, if and to the extent that he finds their application
unnecessary to achieve the purposes of those sections.
2. The Commissioner may not, by rule or
otherwise, exempt an insurer from the provisions of NRS 686B.010 to 686B.1799,
inclusive, with regard to 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.
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:
[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:
(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, 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.
Sec. 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.
Sec. 4. 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.
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 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.
Sec. 5. NRS 686B.115 is hereby amended to read as follows:
686B.115 1. Any hearing held by the Commissioner to determine whether rates comply with the provisions of NRS 686B.010 to 686B.1799, inclusive, must be open to members of the public.
2. All costs for transcripts prepared pursuant to such a hearing must be paid by the insurer requesting the hearing.
3. At any hearing which is held by the
Commissioner to determine whether rates comply with the provisions of NRS
686B.010 to 686B.1799, inclusive, and which involves rates 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, if a
person is not otherwise authorized pursuant to this title to become a party to
the hearing by intervention, the person is entitled to provide testimony at the
hearing if, not later than 2 days before the date set for the hearing, the
person files with the Commissioner a written statement which states:
(a)
The name and title of the person;
(b)
The interest of the person in the hearing; and
(c) A
brief summary describing the purpose of the testimony the person will offer at
the hearing.
4. If a person provides testimony at a hearing
in accordance with subsection 3:
(a)
The Commissioner may, if he finds it necessary to preserve order, prevent
inordinate delay or protect the rights of the parties at the hearing, place
reasonable limitations on the duration of the testimony and prohibit the person
from providing testimony that is not relevant to the issues raised at the
hearing.
(b)
The Commissioner shall consider all relevant testimony provided by the person
at the hearing in determining whether the rates comply with the provisions of
NRS 686B.010 to 686B.1799, inclusive.
Sec. 6. Chapter 690B of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 16, inclusive, of this act.
Sec.
7. As used in sections 7 to 16, inclusive, of this act, unless the context
otherwise requires, the words and terms defined in sections 8 to 11, inclusive,
of this act have the meanings ascribed to them in those sections.
Sec.
8. “Claims-made policy” means a policy of professional liability insurance
that provides coverage only for claims that arise from incidents or events
which occur while the policy is in force and which are reported to the insurer
while the policy is in force.
Sec. 9. “Extended reporting endorsement” means an endorsement to a claims-made policy which requires the payment of a separate premium and which provides coverage for claims that arise from incidents or events which occur while the claims-made policy is in force but which are reported to the insurer after the claims-made policy is terminated.
Sec. 10. “Practitioner” means a practitioner who provides health care and who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.
Sec. 11. “Professional liability insurance” means a policy of insurance covering the liability of a practitioner for a breach of his professional duty toward a patient.
Sec.
12. If an insurer offers to issue a claims-made policy to a practitioner,
the insurer shall:
1. Offer to issue an extended reporting
endorsement to the practitioner; and
2. Disclose to the practitioner the cost
formula that the insurer uses to determine the premium for the extended
reporting endorsement. The cost formula must be based on:
(a) An
amount that is not more than twice the amount of the premium for the
claims-made policy at the time of the termination of that policy; and
(b)
The rates filed by the insurer and approved by the Commissioner.
Sec.
13. 1. Except as otherwise provided
in this section, if an insurer issues a policy of professional liability
insurance to a practitioner who delivers one or more babies per year, the
insurer shall not set the premium for the policy at a rate that is different
from the rate set for such a policy issued by the insurer to any other
practitioner who delivers one or more babies per year if the difference in
rates is based in whole or in part upon the number of babies delivered per year
by the practitioner.
2. If an insurer issues a policy of
professional liability insurance to a practitioner who delivers one or more
babies per year, the insurer may set the premium for the policy at a rate that
is different, based in whole or in part upon the number of babies delivered per
year by the practitioner, from the rate set for such a policy issued by the
insurer to any other practitioner who delivers one or more babies per year if
the insurer:
(a)
Bases the difference upon actuarial and loss experience data available to the
insurer; and
(b)
Obtains the approval of the Commissioner for the difference in rates.
3. The provisions of this section do not
prohibit an insurer from setting the premium for a policy of professional
liability insurance issued to a practitioner who delivers one or more babies
per year at a rate that is different from the rate set for such a policy issued
by the insurer to any other practitioner who delivers one or more babies per
year if the difference in rates is based solely upon factors other than the
number of babies delivered per year by the practitioner.
Sec.
14. 1. On or before April 1 of each
year, the Commissioner shall:
(a)
Determine whether there are any medical specialties in this state which are
essential as a matter of public policy and which must be protected pursuant to
this section from certain adverse actions relating to professional liability
insurance that may impair the availability of those essential medical
specialties to the residents of this state; and
(b)
Make a list containing the essential medical specialties designated by the
Commissioner and provide the list to each insurer that issues policies of
professional liability insurance to practitioners who are practicing in one or
more of the essential medical specialties.
2. If an insurer intends to cancel, terminate
or otherwise not renew a specific policy of professional liability insurance
that it has issued to a practitioner who is practicing in one or more of the
essential medical specialties designated by the Commissioner:
(a)
The insurer must provide 120 days’ notice to the practitioner before its
intended action becomes effective; and
(b)
The Commissioner may require the insurer to delay its intended action for a
period of not more than 60 days if the Commissioner determines that a
replacement policy is not readily available to the practitioner.
3. If an insurer intends to cancel, terminate
or otherwise not renew all policies of professional liability insurance that it
has issued to practitioners who are practicing in one or more of the essential
medical specialties designated by the Commissioner:
(a)
The insurer must provide 120 days’ notice of its intended action to the
Commissioner and the practitioners before its intended action becomes
effective; and
(b)
The Commissioner may require the insurer to delay its intended action for a
period of not more than 60 days if the Commissioner determines that replacement
policies are not readily available to the practitioners.
4. The Commissioner may adopt any regulations
that are necessary to carry out the provisions of this section.
5. Until the Commissioner determines which, if
any, medical specialties are to be designated as essential medical specialties,
the following medical specialties shall be deemed to be essential medical
specialties for the purposes of this section:
(a)
Emergency medicine.
(b)
Neurosurgery.
(c)
Obstetrics and gynecology.
(d)
Orthopedic surgery.
(e)
Pediatrics.
(f)
Trauma surgery.
Sec.
15. 1. The Commissioner shall
collect all information which is pertinent to monitoring whether an insurer
that issues professional liability insurance is complying with the applicable
standards for rates established in NRS 686B.010 to 686B.1799, inclusive. Such
information must include, without limitation:
(a)
The amount of gross premiums collected with regard to each medical specialty;
(b)
Information relating to loss ratios;
(c)
Information reported pursuant to NRS 690B.045; and
(d)
Information reported pursuant to NRS 679B.430 and 679B.440.
2. In addition to the information collected
pursuant to subsection 1, the Commissioner may request any additional
information from an insurer:
(a)
Whose rates and credit utilization are materially different from other insurers
in the market for professional liability insurance in this state;
(b)
Whose credit utilization shows a substantial change from the previous year; or
(c)
Whose information collected pursuant to subsection 1 indicates a potentially
adverse trend.
3. If the Commissioner requests additional
information from an insurer pursuant to subsection 2, the Commissioner shall:
(a)
Determine whether the additional information offers a reasonable explanation
for the results described in paragraphs (a), (b) or (c) of subsection 2; and
(b)
Take any steps permitted by law that are necessary and appropriate to assure
the ongoing stability of the market for professional liability insurance in
this state.
4. On an ongoing basis, the Commissioner shall:
(a)
Analyze and evaluate the information collected pursuant to this section to
determine trends in and measure the health of the market for professional
liability insurance in this state; and
(b)
Prepare and submit a report of his findings and recommendations to the Director
of the Legislative Counsel Bureau for transmittal to members of the Legislature
on or before November 15 of each year.
Sec.
16. 1. If an agreement settles a
claim or action against a practitioner for a breach of his professional duty
toward a patient, the following terms of the agreement must not be made
confidential:
(a)
The names of the parties;
(b)
The date of the incidents or events giving rise to the claim or action;
(c)
The nature of the claim or action as set forth in the complaint and the answer
that is filed with the district court; and
(d)
The effective date of the agreement.
2. Any provision of an agreement to settle a claim or action that conflicts with this section is void.
Sec. 17. Chapter 41A of NRS is hereby amended by adding thereto a new section to read as follows:
1. In an action for medical malpractice or
dental malpractice, if the defendant receives a settlement demand that is equal
to the limits of the insurance policy of the defendant, the insurer shall, upon
receipt of a copy of the demand, inform the defendant of any applicable rights
and obligations possessed by the defendant, whether derived from statute or the
common law, including, without limitation, the right of the defendant to obtain
independent counsel at the expense of the insurer pursuant to this section.
2. If the defendant obtains independent counsel
after being informed of his rights and obligations by the insurer pursuant to
subsection 1, the insurer shall pay the reasonable attorney’s fees incurred by
the defendant to be represented by independent counsel.
3. The Commissioner of Insurance shall
prescribe a form that may be used by an insurer to fulfill the requirements of
subsection 1.
Sec. 18. 1. The Commissioner of Insurance shall conduct a study to determine whether legislation enacting tort reform has benefited or will benefit the market for professional liability insurance in this state. On or before February 1, 2005, the Commissioner shall prepare a report that contains the findings of the study and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the 73rd Session of the Nevada Legislature.
2. If the constitutionality of any legislation enacting tort reform is upheld by the Nevada Supreme Court, the Commissioner shall:
(a) Not later than 60 days after the date of the decision of the Nevada Supreme Court, obtain from each insurer that is offering professional liability insurance in this state a rating plan that describes the extent to which the insurer will incorporate the expected decrease in loss costs into its premiums for professional liability insurance;
(b) Review and evaluate each such rating plan to determine whether the rating plan is reasonable;
(c) Prepare a report which summarizes the rating plans and the evaluations made by the Commissioner and which contains recommendations as to whether the rating plans should be implemented; and
(d) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Nevada Legislature following submission of the report.
3. As used in this section, “professional liability insurance” means a policy of insurance covering the liability of a practitioner who provides health care for a breach of his professional duty toward a patient.
Sec. 19. 1. The provisions of sections 12 and 13 of this act apply only to a policy of professional liability insurance, as defined in section 11 of this act, which is offered, issued or renewed on or after October 1, 2003.
2. The provisions of sections and 16 and 17 of this act apply only to a cause of action which accrues on or after October 1, 2003.
Sec.
20. This act becomes effective:
1. Upon passage and approval for the purposes
of adopting regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
2. On October 1, 2003, for all other purposes.”.
Amend the title of the bill to read as follows:
“AN ACT relating to malpractice; revising various provisions relating to filings and rates for certain insurers that issue policies of malpractice insurance; providing persons with the right to provide testimony at certain hearings before the Commissioner of Insurance under certain circumstances; establishing various requirements relating to policies of malpractice insurance; authorizing the Commissioner to protect essential medical specialties from certain adverse actions regarding policies of malpractice insurance; requiring the Commissioner to collect certain information and to conduct certain studies relating to policies of malpractice insurance; providing that certain information in certain settlement agreements must not be made confidential; providing certain defendants in malpractice actions with the right to obtain independent counsel at the expense of the insurer under certain circumstances; providing penalties; and providing other matters properly relating thereto.”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Townsend and Coffin.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 164.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 498.
Amend the bill as a whole by renumbering section 1 as sec. 1.5 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 422.396 is hereby amended to read as follows:
422.396 1. The Department, through a division of the
Department designated by the Director, shall establish and administer a program
to provide community-based services necessary to enable a person with a
physical disability to remain in his home or with his family and avoid
placement in a facility for long-term care. The Department shall [contract
with the Department of Employment, Training and Rehabilitation to]
coordinate the provision of community-based services pursuant to this section.
2. The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1396n(c) that authorizes the Department to amend the State Plan for Medicaid adopted by the Department pursuant to NRS 422.271 in order to authorize the Department to include as medical assistance under the State Plan the following services for persons with physical disabilities:
(a) Respite care;
(b) Habilitation;
(c) Residential habilitation;
(d) Environmental modifications;
(e) Supported living;
(f) Supported living habilitation;
(g) Supported personal care; and
(h) Any other community-based services approved by the Secretary of Health and Human Services.
The Department shall cooperate with the Federal Government in obtaining a waiver pursuant to this subsection.
3. The Department may use personnel of the
Department or it may contract with any appropriate public or private agency,
organization or institution to provide the community-based services necessary
to enable a person with a physical disability to remain in his home or with his
family and avoid placement in a facility for long-term care.
4. A contract entered into with a public or
private agency, organization or institution pursuant to subsection 3 must:
(a)
Include a description of the type of service to be provided;
(b)
Specify the price to be paid for each service and the method of payment; and
(c)
Specify the criteria to be used to evaluate the provision of the service.
5. The Department shall [, in
consultation with Department of Employment, Training and Rehabilitation,]
adopt regulations necessary to carry out the provisions of this section,
including, without limitation, the criteria to be used in determining
eligibility for the services provided pursuant to the program. Before adopting
regulations pursuant to this section, the Department shall solicit comments
from persons with a variety of disabilities and members of the families of
those persons.”.
Amend sec. 5, page 3, by deleting lines 13 and 14 and inserting:
“(b) The programs established pursuant to chapter 426A of NRS to obtain information concerning traumatic brain injuries and provide services to persons with traumatic brain injuries;”.
Amend the bill as a whole by adding a new section designated sec. 6.5, following sec. 6, to read as follows:
“Sec.
6.5. 1. The Advisory Committee on
Deaf and Hard of Hearing Persons is hereby created in the Office. The Advisory
Committee consists of 11 people appointed by the Director of the Department.
The Director shall appoint to the Advisory Committee:
(a)
One member who is employed by the Department and who participates in the
administration of the program of this state which provides services to persons with
disabilities which affect their ability to communicate;
(b)
One person who is a member of the Nevada Association of the Deaf;
(c)
One member who is hard of hearing;
(d)
One representative of educators of persons who are deaf and hard of hearing;
(e)
One member who is professionally qualified in the field of deafness;
(f)
One member whose speech is impaired;
(g)
The Executive Director of the Nevada Telecommunications Association;
(h)
Two representatives of the deaf and hard of hearing centers operated by this
state, who are ex officio members; and
(i)
Two representatives of the program to purchase, maintain, repair and distribute
devices for telecommunication developed and administered pursuant to section 11
of this act, who are ex officio members.
2. After the initial term, the term of each
member is 3 years. A member may be reappointed.
3. If a vacancy occurs during the term of a
member, the Director of the Department shall appoint a person similarly
qualified to replace that member for the remainder of the unexpired term.
4. The Advisory Committee shall:
(a) At
its first meeting and annually thereafter, elect a chairman from among its
voting members; and
(b)
Meet at the call of the Director of the Department, the Chairman or a majority
of its members as is necessary to carry out its responsibilities.
5. A majority of the voting members of the
Advisory Committee constitutes a quorum for the transaction of business, and a
majority of the voting members of a quorum present at any meeting is sufficient
for any official action taken by the Advisory Committee.
6. Members of the Advisory Committee serve
without compensation, except that each member is entitled, while engaged in the
business of the Advisory Committee, to the per diem allowance and travel
expenses provided for state officers and employees generally.
7. A member of the Advisory Committee who is an
officer or employee of this state or a political subdivision of this state must
be relieved from his duties without loss of his regular compensation so that he
may prepare for and attend meetings of the Advisory Committee and perform any
work necessary to carry out the duties of the Advisory Committee in the most
timely manner practicable. A state agency or political subdivision of this
state shall not require an officer or employee who is a member of the Advisory
Committee to make up the time he is absent from work to carry out his duties as
a member of the Advisory Committee or use annual vacation or compensatory time
for the absence.
8. The Advisory Committee may:
(a)
Make recommendations to the Director of the Department and the Office
concerning the establishment and operation of programs for persons with
disabilities which affect their ability to communicate;
(b)
Recommend to the Director of the Department and the Office any proposed
legislation concerning persons with disabilities which affect their ability to
communicate; and
(c)
Collect information concerning persons with disabilities which affect their
ability to communicate.
9. As used in this section:
(a)
“Person who is deaf” means a person who is not able to process information
aurally and whose primary means of communication is visual.
(b)
“Person who is hard of hearing” means a person:
(1)
Who has a hearing deficit;
(2)
Who is able to process information aurally with or without the use of a hearing
aid or any other device that enhances the ability of a person to hear; and
(3)
Whose primary means of communication may be visual.
(c) “Person whose speech is impaired” means a person who has difficulty using his voice to communicate.”.
Amend the bill as a whole by deleting sec. 10 and adding:
“Sec. 10. (Deleted by amendment.)”.
Amend sec. 11, page 6, line 21, after “exchange” by inserting: “or a customer of a company that provides wireless phone service”.
Amend sec. 11, page 6, line 27, by deleting “telephone” and inserting: “telephone, including, without limitation, a wireless phone,”.
Amend sec. 11, page 6, by deleting lines 33 and 34 and inserting: “providing such lines in this state and on each personal wireless access line of each customer of any company that provides wireless phone services in this state which is sufficient to cover the costs of the program and to fund the deaf and hard of hearing centers operated by this state. The Commission shall establish by”.
Amend sec. 11, page 6, by deleting line 39 and inserting:
“3. The Account for Services”.
Amend sec. 11, page 7, line 5, after “companies” by inserting: “and companies that provide wireless phone services”.
Amend sec. 11, page 7, by deleting lines 8 and 9 and inserting:
“(d)
For the general administration of the program developed and administered
pursuant to subsection 1;
(e) To
train persons in the use of the devices; and
(f) To fund the deaf and hard of hearing centers operated by this state.”.
Amend sec. 11, page 7, line 12, after “system,” by inserting: “including, without limitation, the wireless phone system,”.
Amend the bill as a whole by adding new sections designated sections 19.3 and 19.7, following sec. 19, to read as follows:
“Sec. 19.3. NRS 426.729 is hereby amended to read as follows:
426.729 The Director of the
Department of Human Resources, [in cooperation with the Director of the
Department of Employment, Training and Rehabilitation and] in consultation
with the Advisory Committee, shall:
1. Determine the amount of state funding necessary each biennium to carry out NRS 426.728.
2. Ensure that the amount of funding determined to be necessary pursuant to subsection 1 is included in the budgetary request of the appropriate department or agency for the biennium, and that the budgetary request includes funding for any increase in the number of cases handled by the state personal assistance programs.
3. Establish a program to govern the services provided to carry out NRS 426.728, within the limitations of any conditions upon the receipt of state or federal funding, including:
(a) Minimum standards for the provision of minimum essential personal assistance, including, to the extent authorized by state and federal law, the provision of services in accordance with NRS 629.091;
(b) Minimum qualifications and training requirements for providers of minimum essential personal assistance;
(c) Standards for the financial operation of providers of minimum essential personal assistance;
(d) The development of an individual service plan for the provision of minimum essential personal assistance to each recipient;
(e) Procedures to appeal the denial or modification of an individual service plan for the provision of minimum essential personal assistance and to resolve any disputes regarding the contents of such a plan;
(f) Continuous monitoring of the adequacy and effectiveness of the provision of minimum essential personal assistance to each recipient;
(g) Mandatory requirements and procedures for reporting the abuse, neglect or exploitation of a recipient;
(h) The receipt of meaningful input from recipients, including surveys of recipients, regarding the extent to which recipients are receiving the services described in their individual service plans and their satisfaction with those services; and
(i) Continuing procedures for soliciting public input regarding the development, implementation and review of the program.
4. Review and modify the program established pursuant to subsection 3 as appropriate to provide recipients with as much independence and control over the provision of minimum essential personal assistance as is feasible.
5. Submit to each regular session of the Legislature and make available to members of the public any recommendations for legislation to carry out NRS 426.728 and to carry out or improve the program established pursuant to subsection 3.
6. Submit to each regular session of the Legislature a report regarding the expenditure of any money received to carry out NRS 426.721 to 426.731, inclusive, that must include information regarding:
(a) The fiscal and other effects of services provided to carry out NRS 426.728;
(b) The results of the program established pursuant to subsection 3; and
(c) The percentage change in the number of residents of this state with severe functional disabilities who are able to avoid or leave institutional care as a result of the receipt of minimum essential personal assistance through community-based services.
Sec. 19.7. NRS 426.731 is hereby amended to read as follows:
426.731 1. The Advisory Committee on Personal
Assistance for Persons with Severe Functional Disabilities is hereby created in
the Department [.] of Human Resources.
2. The Governor shall:
(a) Solicit recommendations for the appointment of members to the Advisory Committee from organizations that are representative of a broad range of persons with disabilities and organizations interested in the provision of personal services to persons with functional disabilities.
(b) Appoint to the Advisory Committee such members as he deems appropriate to represent a broad range of persons with disabilities from diverse backgrounds, including, without limitation, one or more persons who are representative of:
(1) The Nevada Commission on Aging and seniors with disabilities.
(2) The Statewide Independent Living Council established in this state pursuant to 29 U.S.C. § 796d.
(3) The State Council on Developmental Disabilities established in this state pursuant to section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000.
(4) Centers for independent living established in this state.
(5) Providers of personal services to persons with disabilities, including providers who receive state funding for that purpose.
(6) Persons with disabilities who receive personal assistance services.
3. The majority of the members of the Advisory Committee must be persons with disabilities.
4. After the initial term, the term of each member is 2 years.
5. Members of the Advisory Committee serve without compensation, except that each member is entitled, while engaged in the business of the Advisory Committee, to the per diem allowance and travel expenses provided for state employees generally.
6. A majority of the members of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Committee.
7. The Advisory Committee shall:
(a) At its first meeting and annually thereafter, elect a Chairman from among its members.
(b) Meet at the call of the Director [,]
of the Department of Human Resources, the
Chairman or a majority of its members quarterly or as is necessary, within the
budget of the Advisory Committee, to provide the Director of the Department of Human Resources with appropriate assistance to
carry out the provisions of NRS 426.728.”.
Amend the bill as a whole by adding a new section designated sec. 20.5, following sec. 20, to read as follows:
“Sec. 20.5. NRS 426A.010 is hereby amended to read as follows:
426A.010 As used in this chapter:
1.
“Department” means the Department of [Employment, Training and Rehabilitation.]
Human Resources.
2. “Office” means the Office of Disability
Services created by section 5 of this act.
3. “Traumatic brain injury” means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:
(a) A cerebral vascular accident;
(b) An aneurism; or
(c) A congenital defect.”.
Amend sec. 21, page 11, by deleting lines 1 through 5 and inserting:
“2.
The [Administrator] Director
of the Department shall appoint to the Committee:
(a) One member who is an employee of the [Rehabilitation
Division of the Department.] Office.
(b) One member who is an employee of the
Division of Health Care Financing and Policy of the Department [of Human
Resources]”.
Amend sec. 21, page 11, by deleting lines 35 and 36 and inserting:
“(a) Make recommendations to the [Administrator]
Director of the Department and the Office”.
Amend sec. 21, page 11, by deleting lines 39 and 40 and inserting:
“(b) Make recommendations to the [Administrator]
Director of the Department and the Office”.
Amend sec. 21, page 12, by deleting lines 6 through 16 and inserting:
“(b) [Administrator;] Office;
(c) Legislative Committee on Health Care; and
(d) Legislative Commission.
8. As used in this section:
(a) [“Administrator” means the
Administrator of the Rehabilitation Division of the Department.
(b)] “Person professionally qualified
in the field of psychiatric mental health” has the meaning ascribed to it in
NRS 433.209.
[(c)] (b) “Provider of health care” has the meaning ascribed to it in”.
Amend the bill as a whole by adding new sections designated sections 21.3 and 21.7, following sec. 21, to read as follows:
“Sec. 21.3. NRS 426A.070 is hereby amended to read as follows:
426A.070 1. The [Rehabilitation Division of the
Department] Office shall
establish a Program for Persons with Traumatic Brain Injuries.
2. The Program may, subject to legislative appropriation, provide:
(a) The following services to persons with traumatic brain injuries:
(1) Treatment during the day on an outpatient basis;
(2) Care provided in a facility operated and maintained to furnish food, shelter, assistance and limited supervision;
(3) Care provided in the home;
(4) Instruction in the skills required for independent living;
(5) Placement for jobs; and
(6) Counseling and treatment for the abuse of drugs or alcohol.
(b) Support services for families of persons with traumatic brain injuries.
(c) For the dissemination of information for the prevention of traumatic brain injuries.
3.
The [Rehabilitation Division] Office
shall evaluate the Program and submit a report containing the evaluation
and any recommended legislation to each regular session of the Legislature.
Sec. 21.7. NRS 426A.080 is hereby amended to read as follows:
426A.080 The [Rehabilitation
Division of the] Department shall adopt regulations concerning the care of
persons with traumatic brain injuries. The [Division] Department shall, in adopting the
regulations, consider the criteria established by the Commission on
Accreditation of Rehabilitation Facilities for the care of such persons.”.
Amend
sec. 22, page 12, by deleting lines 31 and 32 and inserting:
“(b)
Shall administer, through the divisions of the Department [,] and the Office of
Disability Services, the provisions of chapters 210, 423, 424, 425, 426A, 427A,
432A to 422,”.
Amend
sec. 22, page 12, by deleting lines 36 through 41, and inserting:
“445A.055,
inclusive, and sections 2 to 11,
inclusive, of this act, and all other provisions of law relating to the
functions of the divisions of the Department [,] and the Office of Disability Services, but is not responsible for
the clinical activities of the Health Division or the professional line
activities of the other divisions [.] or the Office of Disability Services.”.
Amend the bill as a whole by adding new sections designated sections 22.3 and 22.7, following sec. 22, to read as follows:
“Sec. 22.3. NRS 232.920 is hereby amended to read as follows:
232.920 The Director:
1. Shall:
(a) Organize the Department into divisions and other operating units as needed to achieve the purposes of the Department;
(b) Upon request, provide the Director of the Department of Administration with a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons; and
(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.
2.
Is responsible for the administration, through the divisions of the
Department, of the provisions of NRS
426.005 to 426.720, inclusive, 426.740, 426.790 and 426.800, and chapters [426,
426A,] 612 and 615 of NRS, and all other provisions of law relating to the
functions of the Department and its divisions, but is not responsible for the
professional line activities of the divisions or other operating units except
as otherwise provided by specific statute.
3. May employ, within the limits of legislative appropriations, such staff as is necessary for the performance of the duties of the Department.
Sec. 22.7. NRS 232.945 is hereby amended to read as follows:
232.945 The Director shall appoint an Administrator of the Rehabilitation Division of the Department. The Administrator:
1. Is in the unclassified service of the State unless federal law or regulation requires otherwise, and serves at the pleasure of the Director.
2. Shall administer the provisions of law set forth in subsection 4, subject to the administrative supervision of the Director.
3. Except as otherwise provided in NRS 284.143, shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
4.
Is responsible for the administration, through the bureaus of the
Rehabilitation Division, of the provisions of NRS 232.940 and 232.950 and this
section, NRS 426.520 to 426.610, inclusive, and [chapters 426A and] chapter 615 of NRS and all other
provisions of law relating to the functions of the Rehabilitation Division and
its bureaus, but is not responsible for the professional line activities of the
bureaus except as otherwise provided by specific statute.
5. Is responsible for the preparation of a consolidated state plan for the Bureau of Services to the Blind and Visually Impaired, the Bureau of Vocational Rehabilitation and any other program administered by the Rehabilitation Division that he considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government. This subsection does not apply if any federal regulation exists that prohibits a consolidated plan.
6. In developing and revising state plans pursuant to subsection 5, shall consider, without limitation:
(a) The amount of money available from the Federal Government for the programs of the Rehabilitation Division;
(b) The conditions attached to the acceptance of that money; and
(c) The limitations of legislative appropriations for the programs.
7. May employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the duties of the Rehabilitation Division.”.
Amend sec. 27, page 17, by deleting line 8, and inserting:
“Sec. 27. NRS 426.105, 615.173, 615.176 and”.
Amend the bill as a whole by deleting sec. 28 and adding:
“Sec. 28. (Deleted by amendment.)”.
Amend sec. 29, page 17, line 21, by deleting “10” and inserting “21.7”.
Amend the bill as a whole by adding a new section designated sec. 30.5, following sec. 30, to read as follows:
“Sec. 30.5. As soon as practicable after July 1, 2003, the Director of the Department of Human Resources shall appoint to the Advisory Committee on Deaf and Hard of Hearing Persons created by section 6.5 of this act:
1. Six members whose terms expire on June 30, 2005; and
2. Five members whose terms expire on June 30, 2006.”.
Amend the text of repealed sections by deleting the text of NRS 426A.070 and 426A.080.
Amend the title of the bill by deleting the eleventh and twelfth lines and inserting:
“disabilities; making various changes concerning the program to provide devices for telecommunication to persons with impaired speech or hearing; and providing other”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 229.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 204.
Amend section 1, page 1, by deleting lines 3 through 7 and inserting:
“1. Except as otherwise provided in subsection
3, a public body that is a governing board may not take action by vote on an
item on the agenda of a meeting on which action may otherwise be taken until
public comment on the item has been allowed.
2. Each public body that is a governing board
shall adopt a rule of procedure setting forth the length of time that will be
allotted to the public comment required pursuant to subsection 1.
3. The provisions of this section do not apply to a contested case, as that term is defined in NRS 233B.032.”.
Amend the bill as a whole by adding a new section designated sec. 1.5, following section 1, to read as follows:
“Sec. 1.5. NRS 241.015 is hereby amended to read as follows:
241.015 As used in this chapter, unless the context otherwise requires:
1. “Action” means:
(a) A decision made by a majority of the members present during a meeting of a public body;
(b) A commitment or promise made by a majority of the members present during a meeting of a public body;
(c) If a public body may have a member who is not an elected official, an affirmative vote taken by a majority of the members present during a meeting of the public body; or
(d) If all the members of a public body must be elected officials, an affirmative vote taken by a majority of all the members of the public body.
2. “Meeting”:
(a) Except as otherwise provided in paragraph (b), means:
(1) The gathering of members of a public body at which a quorum is present to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
(2) Any series of gatherings of members of a public body at which:
(I) Less than a quorum is present at any individual gathering;
(II) The members of the public body attending one or more of the gatherings collectively constitute a quorum; and
(III) The series of gatherings was held with the specific intent to avoid the provisions of this chapter.
(b) Does not include a gathering or series of gatherings of members of a public body, as described in paragraph (a), at which a quorum is actually or collectively present:
(1) Which occurs at a social function if the members do not deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
(2) To receive information from the attorney employed or retained by the public body regarding potential or existing litigation involving a matter over which the public body has supervision, control, jurisdiction or advisory power and to deliberate toward a decision on the matter, or both.
3. Except as otherwise provided in this subsection, “public body” means any administrative, advisory, executive or legislative body of the State or a local government which expends or disburses or is supported in whole or in part by tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax revenue, including, but not limited to, any board, commission, committee, subcommittee or other subsidiary thereof and includes an educational foundation as defined in subsection 3 of NRS 388.750 and a university foundation as defined in subsection 3 of NRS 396.405. Except as otherwise provided by specific statute and unless the context otherwise requires, “public body” includes a “public body that is a governing board.” “Public body” does not include the Legislature of the State of Nevada.
4. “Public body that is a governing board”
means a “public body” as defined in subsection 3 that is:
(a) A
legislative body of a local government that has the authority to adopt an
order, ordinance or rule, or other regulation; or
(b) An
executive or administrative body that has the authority to adopt a regulation
or to make a decision that constitutes a final decision for the purposes of
judicial review.
The term does not include an advisory body of the State or a local government.
5. “Quorum” means a simple majority of the constituent membership of a public body or another proportion established by law.”.
Amend sec. 2, pages 2 and 3, by deleting lines 28 through 44 on page 2 and lines 1 through 21 on page 3, and inserting:
“3. [Minimum] Except as otherwise provided in subsection
6, minimum public notice for a public
body is:
(a) Posting a copy of the notice at the principal office of the
public body [,] or , if there is no principal office, at
the building in which the meeting is to be held, and at not less than three
other separate, prominent places within the jurisdiction of the public body not
later than 9 a.m. of the third working day before the meeting; and
(b) [Mailing] Sending
a copy of the notice to any person who has requested notice of the meetings of
the public body:
(1) By mail in the same
manner in which notice is required to be mailed to a member of the public body [.] ;
(2) By electronic means if
receipt of such an electronic notice can be verified; or
(3) By the methods set
forth in subparagraphs (1) and (2).
A request for notice pursuant to this paragraph lapses 6
months after it is made [.] and may be renewed by the requester in
writing. The public body shall inform the requester of this fact by
enclosure with , [or] notation
upon or text included within the
first notice sent. [The notice] Notice
requested pursuant to this paragraph must be delivered to the postal
service used by the public body or sent by electronic means, as applicable, not
later than 9 a.m. of the third working day before the meeting.
4. [If] Except as otherwise provided in subsection
6, if a public body maintains a website on the Internet or its successor,
the public body shall post notice of each of its meetings on its website unless
the public body is unable to do so because of technical problems relating to
the operation or maintenance of its website. Notice posted pursuant to this
subsection is supplemental to and is not a substitute for the minimum public
notice required pursuant to subsection 3.
5. The provisions of subsection 3 do not
prohibit a public body that is not a governing board from:
(a) Providing public notice
which exceeds the requirements of that subsection; or
(b) Providing any additional public notice which is described in subsection 6.
6. Minimum public notice for a public body that is a governing board is:
(a) Posting a copy of the notice at the principal office of the public body or, if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting;
(b) Posting a copy of the
notice on a public website on the Internet or its successor, if any, not later
than 9 a.m. of the third working day before the meeting; and
(c) Sending a copy of the
notice to any person who has requested notice of the meetings of the public body:
(1) By mail in the same manner in which notice is
required to be mailed to a member of the public body;
(2) By electronic means
if receipt of such an electronic notice can be verified; or
(3) By the methods set
forth in subparagraphs (1) and (2).
A request for notice pursuant to this paragraph lapses 6 months after it is made and may be renewed by the requester in writing or by electronic means. The public body shall inform the requester of this fact by enclosure with, notation upon or text included within the first notice sent. Notice requested pursuant to this paragraph must be delivered to the postal service used by the public body or sent by electronic means, as applicable, not later than 9 a.m. of the third working day before the meeting.
7. The inability of a public body other than a public body that is a governing
board to post notice of a meeting pursuant to [this] subsection 4 as a result of technical problems with
its website shall not be deemed to be a violation of the provisions of this
chapter.
[5.] 8. Upon any request, a
public body shall provide, at no charge,”.
Amend sec. 2, page 3, line 33, by deleting “5.” and inserting “9.”.
Amend sec. 3, page 4, line 14, by deleting “Posted” and inserting: “If the public body is a public body that is a governing board, posted”.
Amend sec. 3, page 4, line 17, by deleting
“taken.” and inserting: “taken [.] or,
if the meeting was a meeting of a public body that is a governing board, upon
adoption and approval of the minutes by the public body.”.
Amend sec. 3, page 4, line 19, after “website” by inserting: “, if applicable,”.
Amend sec. 3, page 4, by deleting line 34 and inserting:
“4. Each public body that is not a governing board may , and, except as otherwise provided in NRS 360.130, each public body that is a governing board shall, record on audiotape or any”.
Amend sec. 8, page 7, line 29, by deleting “workshop.” and inserting: “workshop, if practicable.”.
Amend the bill as a whole by adding a new section designated sec. 16.5, following sec. 16, to read as follows:
“Sec. 16.5. NRS 360.130 is hereby amended to read as follows:
360.130 1. The Executive Director shall:
(a) Keep full and correct records of all
transactions and proceedings of the Nevada Tax Commission, the State Board of
Equalization and the Department. Notwithstanding
the provisions of NRS 241.035, the Nevada Tax Commission, the State Board of
Equalization and the Department are not required to record a meeting on
audiotape or any other means of sound reproduction, provided that the meeting
is transcribed in its entirety by a court reporter who is certified pursuant to
chapter 656 of NRS.
(b) Perform such other duties as may be required.
2. The Nevada Tax Commission shall have the power to authorize the Executive Director or any other officer of the Department to hold hearings or make investigations, and upon any such hearing , the Executive Director or officer shall have the authority to examine books, compel the attendance of witnesses, administer oaths and conduct investigations.”.
Amend the bill as a whole by deleting sections 35 and 36 and adding:
“Secs. 35 and 36. (Deleted by amendment.)”.
Amend the title of the bill to read as follows:
“AN ACT relating to public bodies; revising provisions governing notice of meetings of public bodies; requiring certain public bodies to post the minutes of a public meeting on the Internet; requiring certain public bodies to make and retain an audio recording of a public meeting; prohibiting a public body from voting on an item on the agenda until public comment has been allowed on the item under certain circumstances; requiring that a member of certain agencies be present at a workshop of the agency concerning a proposed regulation of the agency, if practicable; and providing other matters properly relating thereto.”.
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 248.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 249.
Amend the bill as a whole by deleting sections 1 and 2 and renumbering sections 3 through 5 as sections 1 through 3.
Amend sec. 3, page 3, line 4, by deleting: “4 and 5” and inserting: “2, 3 and 4”.
Amend sec. 4, page 3, by deleting lines 6 through 13 and inserting: “certification of a person as a detoxification technician.
2. Any”.
Amend sec. 4, page 4, by deleting lines 4 through 16 and inserting:
“3. A person shall not engage in any activity
for which the Board requires a certificate as a detoxification technician
pursuant to this section unless the person is the holder of such a certificate.”.
Amend sec. 4, page 4, line 17, by deleting “6.” and inserting “4.”.
Amend sec. 4, page 4, line 24, by deleting “7.” and inserting “5.”.
Amend sec. 4, page 4, between lines 27 and 28, by inserting:
“6. As used in this section, “detoxification technician” means a person who is certified by the Board to provide screening for the safe withdrawal from alcohol and other drugs.”.
Amend sec. 5, page 4, by deleting line 45 and inserting: “detoxification technician to submit”.
Amend sec. 5, page 5, line 2, by deleting “license or”.
Amend the bill as a whole by deleting sec. 6, renumbering sec. 7 as sec. 5 and adding a new section designated sec. 4, following sec. 5, to read as follows:
“Sec. 4. The Board may enter into an interlocal agreement with an Indian tribe to provide to members of the tribe training in the practice of counseling alcohol and drug abusers to assist those persons in obtaining licenses and certificates as alcohol and drug abuse counselors.”.
Amend the bill as a whole by adding new sections designated sections 6 and 7, following sec. 7, to read as follows:
“Sec. 6. NRS 641C.390 is hereby amended to read as follows:
641C.390 1. The Board shall issue a certificate as an alcohol and drug abuse counselor to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) [Has] Except as otherwise provided in subsection 2, has received a
bachelor’s degree from an accredited college or university in a field of social
science approved by the Board;
(d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;
(e) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;
(f) Pays the fees required pursuant to NRS 641C.470; and
(g) Submits the statement required pursuant to NRS 641C.280.
2. The Board may waive the educational
requirement set forth in paragraph (c) of subsection 1 if an applicant for a
certificate has contracted with or receives a grant from the Federal Government
to provide services as an alcohol and drug abuse counselor to persons who are
authorized to receive those services pursuant to 25 U.S.C. §§ 450 et seq. or 25
U.S.C. §§ 1601 et seq. An alcohol and drug abuse counselor certified
pursuant to this section for whom the educational requirement set forth in
paragraph (c) of subsection 1 is waived may provide services as an alcohol and
drug abuse counselor only to those persons who are authorized to receive those
services pursuant to 25 U.S.C. §§ 450 et seq. or 25 U.S.C. §§ 1601 et seq.
3. A certificate as an alcohol and drug abuse counselor is valid for 2 years and may be renewed.
[3.] 4. A certified alcohol and drug abuse counselor may:
(a) Engage in the practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or abuser of drugs.
Sec. 7. NRS 641C.420 is hereby amended to read as follows:
641C.420 1. The Board shall issue a certificate as an alcohol and drug abuse counselor intern to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has a high school diploma or a general equivalency diploma;
(d) Pays the fees required pursuant to NRS 641C.470;
(e) Submits proof to the Board that he:
(1) Is enrolled in a program from which he will receive an associate’s degree, bachelor’s degree, master’s degree or doctoral degree in a field of social science approved by the Board; or
(2) Has received an associate’s degree, bachelor’s degree, master’s degree or doctoral degree in a field of social science approved by the Board; and
(f) Submits the statement required pursuant to NRS 641C.280.
2. A
certificate as an alcohol and drug abuse counselor intern is valid for 1 year
and may be renewed. The Board may waive
any requirement for the renewal of a certificate upon good cause shown by the
holder of the certificate.
3. A certified intern may, under the supervision of a licensed counselor:
(a) Engage in the practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or drug abuser.”.
Amend sec. 8, page 5, line 21, by deleting “5” and inserting “3”.
Amend sec. 9, page 6, line 1, by deleting “5” and inserting “3”.
Amend sec. 11, page 7, line 3, by deleting “5” and inserting “3”.
Amend the bill as a whole by deleting sections 12 through 15 and adding new sections designated sections 12 through 17 and the text of repealed sections, following sec. 11, to read as follows:
“Sec. 12. NRS 641C.910 is hereby amended to read as follows:
641C.910 1. A person shall not:
(a) Hold himself out to [the] a member of the general public as an alcohol and drug abuse
counselor or alcohol and drug abuse counselor intern;
(b) Use the title “alcohol and drug abuse counselor,” “alcohol
and drug abuse counselor intern,” “drug abuse counselor,” “substance abuse [counselor”]
counselor,” “detoxification technician” or
any similar title in connection with his work; or
(c) Imply in any way that he is licensed or certified by the Board,
unless he is licensed or
certified by the Board pursuant to the provisions of this chapter [.] or a regulation adopted pursuant to section 2 of this act.
2. If the Board believes
that any person has violated or is about to violate [the provisions of
subsection 1,] any provision of this
chapter or a regulation adopted pursuant thereto, it may bring an action in
a court of competent jurisdiction to enjoin [that] the person from engaging in or continuing the violation. An
injunction:
(a) May be issued without proof of actual damage sustained by any person.
(b) Does not prevent the criminal prosecution and punishment of a
person who violates [the provisions of subsection 1.] a provision of this chapter or a regulation
adopted pursuant thereto.
Sec. 13. NRS 641C.950 is hereby amended to read as follows:
641C.950 A person who
violates any provision of [the
provisions of] this chapter or a
regulation adopted pursuant thereto is guilty of a misdemeanor.
Sec. 14. NRS 458.010 is hereby amended to read as follows:
458.010 As used in NRS 458.010 to 458.350, inclusive, unless the context requires otherwise:
1. “Administrator” means the Administrator of the Health Division.
2. “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
3. “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
4. “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
5. “Board” means the State Board of Health.
6. “Civil protective custody” means a custodial placement of a person to protect his health or safety. Civil protective custody does not have any criminal implication.
7. [“Detoxification
technician” means a person who is certified by the Health Division to provide
screening for the safe withdrawal from alcohol and other drugs.
8.] “Facility” means a physical
structure used for the education, prevention and treatment, including mental
and physical restoration, of alcohol and drug abusers.
[9.] 8. “Health Division” means
the Health Division of the Department of Human Resources.
Sec. 15. NRS 458.025 is hereby amended to read as follows:
458.025 The Health Division:
1. Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:
(a) A survey of the need for prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout this state.
(b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.
(c) A survey of the need for persons who have professional training in fields of health and other persons involved in the prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment.
In developing and revising the state plan, the Health Division shall consider, without limitation, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for alcohol and drug abuse programs.
2. Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of alcohol and drug abuse programs in this state.
3. Must be consulted in the planning of projects and advised of all applications for grants from within this state which are concerned with alcohol and drug abuse programs, and shall review the applications and advise the applicants concerning the applications.
4.
Shall certify or deny certification of [detoxification technicians
or] any facilities or programs on the basis of the standards established by
the Board pursuant to this section, and publish a list of certified [detoxification
technicians,] facilities and programs. Any [detoxification technicians,]
facilities or programs which are not certified are ineligible to receive state
and federal money for alcohol and drug abuse programs. The Board shall adopt
regulations [. The regulations:
(a) Must prescribe the requirements for
continuing education for persons certified as detoxification technicians; and
(b) May] which may prescribe the fees for the certification of [detoxification
technicians,] facilities or programs. A fee prescribed pursuant to this [paragraph]
subsection must be calculated to
produce the revenue estimated to cover the costs related to the certifications,
but in no case may a fee for a certificate exceed the actual cost to the Health
Division of issuing the certificate.
5.
Upon request from a facility which is self-supported, may certify the
facility [,] and its programs
and [detoxification technicians and] add them to the list described in
subsection 4.
Sec. 16. NRS 458.026, 458.027 and 458.028 are hereby repealed.
Sec. 17. 1. This section and sections 1 to 13, inclusive, of this act become effective on July 1, 2003.
2. Sections 14, 15 and 16 of this act become effective on the date the regulation adopted by the Board pursuant to section 2 of this act becomes effective, unless a later effective date is otherwise specified in the regulation.
TEXT OF REPEALED SECTION
458.026
Certification of detoxification technician: Statement by applicant
concerning payment of child support; grounds for denial of certification; duty
of Administrator.
1. An applicant for the issuance or renewal of his certification as a detoxification technician must submit to the Health Division the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Health Division shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certification; or
(b) A separate form prescribed by the Health Division.
3. The certification of a person as a detoxification technician may not be issued or renewed by the Health Division if the applicant:
(a) Fails to complete or submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
458.027 Certification of detoxification technician: Suspension of certification for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certification.
1. If the Health Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as a detoxification technician, the Health Division shall deem the certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the Health Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Health Division shall reinstate the certification of a person as a detoxification technician that has been suspended by a district court pursuant to NRS 425.540 if the Health Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
458.028 Certification of detoxification technician: Application to include social security number. An application for the certification of a detoxification technician must include the social security number of the applicant.”.
Amend the title of the bill to read as follows:
“AN ACT relating to professions; authorizing the Board of Examiners for Alcohol and Drug Abuse Counselors to adopt regulations to certify persons as detoxification technicians; authorizing the Board to make certain determinations based on information included in a report of criminal history under certain circumstances; requiring the Board to charge and collect a fee for approving a course of continuing education; authorizing the Board to enter into an interlocal agreement with an Indian tribe to provide assistance to members of the tribe training in the practice of counseling alcohol and drug abusers; expanding the circumstances under which the Board may bring an action to enjoin certain violations; providing a penalty; and providing other matters properly relating thereto.”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 310.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 435.
Amend the bill as a whole by deleting sections 1 through 107 and adding new sections designated sections 1 through 48 and the text of repealed sections, following the enacting clause, to read as follows:
Section 1. Chapter 622 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec.
3. “Immediate relative” means:
1. A spouse.
2. A parent, by blood, marriage or adoption.
3. A child, by blood, marriage or adoption.
Sec.
4. “License” means any license, certificate, registration, permit or
similar type of authorization issued by a regulatory body.
Sec. 5. “Licensee” means a person who holds any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.
Sec.
6. “Member of a regulatory body” means a person who is serving as a member
or officer of a regulatory body.
Sec.
7. “Regulatory body” means:
1. Any agency, board or commission which has
the authority to regulate an occupation or profession pursuant to this title;
and
2. Any officer of an agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title.
Sec.
8. In regulating an occupation or profession pursuant to this title, each
regulatory body shall carry out and enforce the provisions of this title for
the protection and benefit of the public.
Sec. 9. As
soon as practicable after a person is first appointed to serve as a member of a
regulatory body, the person must be provided with:
1. A written summary of the duties and responsibilities
of a member of the regulatory body; and
2. Training on those duties and
responsibilities by the Attorney General. The training must include, without
limitation, instruction related to the audit that is required by NRS 218.825,
except that a person who is a member of the Nevada State Board of Accountancy
is not required to be provided with instruction related to that audit.
Sec.
10. Except as otherwise provided in section 11 of this act, a regulatory
body may not employ a person whose immediate relative is a licensee of the
regulatory body, unless the regulatory body implements policies and procedures
to prevent the person who is employed by the regulatory body from participating
in any activities that are directly related to the licensee.
Sec.
11. If a regulatory body employs a person as an executive director or
executive secretary or in a position with powers and duties similar to those of
an executive director or executive secretary, the person:
1. Must possess a level of education or experience,
or a combination of both, to qualify the person to perform the administrative
and managerial tasks required of the position; and
2. Must not be the immediate relative of:
(a) A
member or employee of the regulatory body; or
(b) A
licensee of the regulatory body.
Sec.
12. A regulatory body may not contract with a person to provide services to
the regulatory body as an independent contractor if the person is the immediate
relative of:
1. A member or employee of the regulatory body;
or
2. A licensee of the regulatory body, unless
the regulatory body implements policies and procedures to prevent the person
who is the independent contractor from participating in any activities that are
directly related to the licensee.
Sec.
13. If a licensee of a regulatory body appears before the regulatory body
concerning any manner that is within the jurisdiction of the regulatory body,
the licensee must disclose, to the best of his knowledge, whether an immediate
relative of the licensee:
1. Is employed by the regulatory body; or
2. Has any financial, business, professional or
personal relationship with a member or employee of the regulatory body.
Sec. 14. NRS 622.100 is hereby amended to read as follows:
622.100
1. Each [occupational
licensing board] regulatory body shall,
on or before the 20th day of January, April, July and October, submit to the
Director of the Legislative Counsel Bureau a summary of each disciplinary
action taken by the regulatory body
during the immediately preceding calendar quarter against [the holder of a
license, certificate, registration or permit issued by the occupational
licensing board.] any licensee of the
regulatory body.
2. The Director of the Legislative Counsel Bureau shall:
(a) Provide any information he receives pursuant to subsection 1 to a member of the public upon request;
(b) Cause a notice of the availability of such information to be posted on the public website of the Nevada Legislature on the Internet; and
(c) Transmit a compilation of the information he receives pursuant to subsection 1 to the Legislative Commission quarterly, unless otherwise directed by the Commission.
Sec. 15. NRS 622.110 is hereby amended to read as follows:
622.110
1. Each [occupational
licensing board] regulatory body shall,
on or before November 1 of each even-numbered year, submit a report of its
activities to the Director of the Legislative Counsel Bureau.
2. The report must include, without limitation:
(a) The number of licenses [,
certificates, registrations and permits, respectively,] issued by the [occupational
licensing board] regulatory body
during the immediately preceding 2 fiscal years;
(b) A summary of the budget of the [occupational
licensing board] regulatory body
during the immediately preceding 2 fiscal years that is related to the duties
of the [occupational licensing board] regulatory body pursuant to this title, including, without
limitation, a description of all income and expenditures related to such
duties;
(c) A summary of each disciplinary action
taken by the regulatory body during
the immediately preceding 2 fiscal years against [the holder of a license,
certificate, registration or permit issued by the occupational licensing
board;] any licensee of the
regulatory body; and
(d) Any other information that is requested
by the Director of the Legislative Counsel Bureau or which the [occupational
licensing board] regulatory body
determines would be helpful to the Legislature in evaluating whether the
continued existence of the [occupational licensing board] regulatory body is necessary.
3.
The Director of the Legislative Counsel Bureau shall compile all the
reports he receives and distribute copies of the compilation to the Senate
Standing Committee on Commerce and Labor and the Assembly Standing Committee on
Commerce and Labor, which each shall review the compilation to determine
whether the continued existence of each [occupational licensing board] regulatory body is necessary.
Sec. 16. NRS 623.050 is hereby amended to read as follows:
623.050 1. The State Board of Architecture, Interior Design and Residential Design, consisting of nine members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Five members who are registered architects and have been in the active practice of architecture in the State of Nevada for not less than 3 years preceding their appointment.
(b) One member who is a registered residential designer.
(c) Two members who are registered interior designers and who are not registered architects or residential designers.
(d) One member who is a representative of the general public. This member must not be:
(1) A registered
architect, a registered interior designer or a registered residential designer;
or
(2) The spouse or the
parent or child, by blood, marriage or adoption, of a registered architect, a
registered interior designer or a registered residential designer.
3. Members of the Board must have been residents of this state for not less than 2 years preceding their appointment.
4. The Governor may, upon a bona fide complaint, and for good cause shown, after 10 days’ notice to any member against whom charges may be filed, and after opportunity for hearing, remove the member for inefficiency, neglect of duty or malfeasance in office.
Sec. 17. NRS 623A.080 is hereby amended to read as follows:
623A.080 1. The State Board of Landscape Architecture, consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Four members who, at the time of their appointment, are not the subject of any disciplinary action by the Board and who, for not less than 3 years immediately preceding their appointment, have been:
(1) Engaged in the practice of landscape architecture; and
(2) Holders of certificates of registration; and
(b) One member who is a representative of the general public. This member must not be:
(1) A landscape
architect or a landscape architect intern; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a landscape architect or a landscape architect intern.
3. Each member must have been a resident of this state for not less than 3 years immediately preceding his appointment.
4. A member of the Board shall not serve for more than three terms.
5. Each member of the Board shall, within 30 days after he is appointed, take and subscribe to the oath of office as prescribed by the laws of this state and file the oath with the Secretary of State.
6. The member who is a representative of the general public shall not participate in preparing or grading any examination required by the Board.
7. Upon receipt of a complaint concerning a member of the Board and for good cause shown, the Governor may, after providing 10 days’ notice to the member and providing an opportunity for a hearing, remove the member for inefficiency, neglect of duty or malfeasance in office.
8. An appointment to fill a vacancy in the membership of the Board for a cause other than expiration of the term must be for the unexpired portion of the term.
9. A member, agent or employee of the Board or any hearing officer or member of a hearing panel appointed by the Board is immune from personal liability relating to any action taken in good faith and within the scope of his authority.
Sec. 18. NRS 624.050 is hereby amended to read as follows:
624.050 1. Six members of the Board must each:
(a) At the time of appointment, hold an unexpired license to operate as a contractor.
(b) Be a contractor actively engaged in the contracting business and must have been so engaged for not less than 5 years preceding the date of his appointment.
(c) Have been a citizen and resident of the State of Nevada for at least 5 years next preceding his appointment.
2. One member of the
Board must be a representative of the general public. This member must not be:
(a) A licensed contractor;
or
(b)
The spouse or the parent or child, by blood, marriage or adoption, of a
licensed contractor.
Sec. 19. NRS 625A.030 is hereby amended to read as follows:
625A.030 1. There is hereby created the Board of Registered Environmental Health Specialists, consisting of the State Health Officer or his designated representative and four members appointed by the Governor.
2. After the initial terms, each member appointed by the Governor must be appointed for a term of 3 years.
3. Of the members of the
Board appointed by the Governor after his initial appointments [, two] :
(a) Two must represent
the general public . [and two]
These members must not be:
(1) An environmental
health specialist; or
(2) The spouse or the
parent or child, by blood, marriage or adoption, of an environmental health
specialist.
(b) Two must be environmental health specialists, one employed by the health district containing Washoe County and one employed by the health district containing Clark County.
4. The Governor may, after notice and hearing, remove any member of the Board for misconduct in office, incompetency, neglect of duty or other sufficient cause.
5. The Board shall elect
from its members who are not employees of the State a Chairman and a Secretary.
The Chairman must be elected annually on July 1. The Secretary continues in
office at the pleasure of the Board.
Sec. 20. NRS 628.045 is hereby amended to read as follows:
628.045 1. Except as otherwise provided in subsection 2, the Governor shall appoint to the Board six members who are certified public accountants in the State of Nevada and one member who is a registered public accountant in the State of Nevada. Of the six members who are certified public accountants:
(a) One member must be employed by the government or by private industry; and
(b) Five members must be engaged in the practice of public accounting.
2. Whenever the total
number of registered public accountants who practice is 10 or fewer, the Board
must consist of six members who are certified public accountants and the member
who is a registered public accountant until his term of office expires.
Thereafter, the Board must consist of [six] :
(a) Six members who are
certified public accountants, one of whom must be employed by the government or
by private industry . [, and one]
(b) One member who
represents the public. This member must
not be:
(1) A certified public
accountant, a public accountant or a registered public accountant; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a certified public accountant, a public accountant or a registered public accountant.
3. No person may be appointed to the Board unless he is:
(a) Engaged in active practice as a certified public accountant or registered public accountant and holds a live permit to practice public accounting in this state, or is appointed as the member who represents the public.
(b) A resident of the State of Nevada.
Sec. 21. NRS 630.060 is hereby amended to read as follows:
630.060 1. Six members of the Board must be persons who are licensed to practice medicine in this state, are actually engaged in the practice of medicine in this state and have resided and practiced medicine in this state for at least 5 years preceding their respective appointments.
2. One member of the Board must be a person who has resided in this state
for at least 5 years and who represents the interests of persons or agencies
that regularly provide health care to patients who are indigent, uninsured or
unable to afford health care. This member must not be licensed under the
provisions of this chapter.
3. The remaining two members of the Board must be persons who have resided in this state for at least 5 years and who:
(a) Are not licensed in any state to practice any healing art;
(b) Are not the spouse or
the parent or child, by blood, marriage or adoption, of a person licensed in
any state to practice any healing art;
(c) Are not actively engaged in the administration of any facility for the dependent as defined in chapter 449 of NRS, medical facility or medical school; and
[(c)] (d) Do not
have a pecuniary interest in any matter pertaining to the healing arts, except
as a patient or potential patient.
[3.] 4. The members of the Board must be selected
without regard to their individual political beliefs.
[4.
The Board shall conduct training programs to assist new members of the
Board in the performance of their duties.]
Sec. 22. NRS 630A.110 is hereby amended to read as follows:
630A.110 1. [Four] Three members of the Board must be persons who are licensed to
practice allopathic or osteopathic medicine in any state or country, the
District of Columbia or a territory or possession of the United States, have
been engaged in the practice of homeopathic medicine in this state for a period
of more than 2 years preceding their respective appointments, are actually
engaged in the practice of homeopathic medicine in this state and are residents
of the State.
2. One member of the Board must be a person who has resided in this state
for at least 5 years and who represents the interests of persons or agencies
that regularly provide health care to patients who are indigent, uninsured or
unable to afford health care. This member may be licensed under the provisions
of this chapter.
3. The remaining three members of the Board must be persons who:
(a) Are not licensed in any state to practice any healing art;
(b) Are not the spouse or the
parent or child, by blood, marriage or adoption, of a person licensed in any
state to practice any healing art;
(c) Are not actively engaged in the administration of any medical facility or facility for the dependent as defined in chapter 449 of NRS;
[(c)] (d) Do not
have a pecuniary interest in any matter pertaining to such a facility, except
as a patient or potential patient; and
[(d)] (e) Have
resided in this state for at least 5 years.
[3.] 4. The members of the Board must be selected
without regard to their individual political beliefs.
[4.] 5. As used in this section,
“healing art” means any system, treatment, operation, diagnosis, prescription
or practice for the ascertainment, cure, relief, palliation, adjustment or
correction of any human disease, ailment, deformity, injury, or unhealthy or
abnormal physical or mental condition for the practice of which long periods of
specialized education and training and a degree of specialized knowledge of an
intellectual as well as physical nature are required.
Sec. 23. NRS 631.130 is hereby amended to read as follows:
631.130 1. The Governor shall appoint:
(a) [Seven] Six members
who are graduates of accredited dental schools or colleges, are residents of
Nevada and have ethically engaged in the practice of dentistry in Nevada for a
period of 5 years.
(b) One member who has
resided in Nevada for at least 5 years and who represents the interests of
persons or agencies that regularly provide health care to patients who are
indigent, uninsured or unable to afford health care. This member may be
licensed under the provisions of this chapter.
(c) Two members who:
(1) Are graduates of accredited schools or colleges of dental hygiene;
(2) Are residents of Nevada; and
(3) Have been actively engaged in the practice of dental hygiene in Nevada for a period of at least 5 years before their appointment to the Board.
[(c)] (d) One
member who is a representative of the general public. This member must not be:
(1) A dentist or a
dental hygienist; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a dentist or a dental hygienist.
2. The members who are dental hygienists may vote on all matters but may not participate in examinations for the licensing of dentists.
3. [The member who is
a representative of the general public must] If a member is not licensed under the provisions of this chapter, the
member shall not participate in grading any examination required by the
Board.
Sec. 24. NRS 631.140 is hereby amended to read as follows:
631.140 1. The [seven] six members of the Board who are dentists , the member of the Board who represents the interests of persons or
agencies that regularly provide health care to patients who are indigent,
uninsured or unable to afford health care, and the member of the Board who is a representative of
the general public must be appointed from areas of the State as follows:
(a) Three of those members must be from Carson City, Douglas County or Washoe County.
(b) Four of those members must be from Clark County.
(c) One of those members may be from any county of the State.
2. One of the two members
of the Board who are dental hygienists must be appointed from Clark County , [;] the other must be
appointed from some other county of the State.
Sec. 25. NRS 632.030 is hereby amended to read as follows:
632.030 1. The Governor shall appoint:
(a) [Four] Three registered
nurses who are graduates of an accredited school of nursing, are licensed as
professional nurses in the State of Nevada and have been actively engaged in
nursing for at least 5 years preceding the appointment.
(b) One practical nurse who is a graduate of an accredited school of practical nursing, is licensed as a practical nurse in this state and has been actively engaged in nursing for at least 5 years preceding the appointment.
(c) One nursing assistant who is certified pursuant to the provisions of this chapter.
(d) One member who
represents the interests of persons or agencies that regularly provide health
care to patients who are indigent, uninsured or unable to afford health care.
This member may be licensed under the provisions of this chapter.
(e) One member who is a
representative of the general public.
This member must not be:
(1) A licensed
practical nurse, a registered nurse, a nursing assistant or an advanced
practitioner of nursing; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed practical nurse, a registered nurse, a nursing assistant or an advanced practitioner of nursing.
2. Each member of the Board must be:
(a) A citizen of the United States; and
(b) A resident of the State of Nevada who has resided in this state for not less than 2 years.
3. A representative of the general public may not:
(a) Have a fiduciary obligation to a hospital or other health agency;
(b) Have a material financial interest in the rendering of health services; or
(c) Be employed in the administration of health activities or the performance of health services.
4. The members appointed to the Board pursuant to paragraphs (a) and (b) of subsection 1 must be selected to provide the broadest representation of the various activities, responsibilities and types of service within the practice of nursing and related areas, which may include, without limitation, experience:
(a) In administration.
(b) In education.
(c) As an advanced practitioner of nursing.
(d) In an agency or clinic whose primary purpose is to provide medical assistance to persons of low and moderate incomes.
(e) In a licensed medical facility.
5. Each member of the Board shall serve a term of 4 years. If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this section to replace that member for the remainder of the unexpired term.
6. No member of the Board may serve more than two consecutive terms. For the purposes of this subsection, service of 2 or more years in filling an unexpired term constitutes a term.
Sec. 26. NRS 633.181 is hereby amended to read as follows:
633.181
The State Board of Osteopathic Medicine consists of [five] seven members appointed by the Governor.
Sec. 27. NRS 633.191 is hereby amended to read as follows:
633.191 1. [Four] Five members of the Board must:
(a) Be licensed under this chapter;
(b) Be actually engaged in the practice of osteopathic medicine in this state; and
(c) Have been so engaged in this state for a period of more than 5 years preceding their appointment.
2. One member of the Board must be a resident of the State of Nevada and
must represent the interests of persons or agencies that regularly provide
health care to patients who are indigent, uninsured or unable to afford health
care. This member must not be licensed under the provisions of this chapter.
3. The remaining member of the Board must be a resident of the
State of Nevada [:] who is:
(a) Not licensed in any state to practice any healing art; [and]
(b) Not the spouse or the
parent or child, by blood, marriage or adoption, of a person licensed in any
state to practice any healing art; and
(c) Not actively engaged in the administration of any medical facility or facility for the dependent as defined in chapter 449 of NRS.
Sec.
28. NRS 633.331 is hereby amended to read as
follows:
633.331 1. Examinations must be held at least once a year at the time and place fixed by the Board. The Board shall notify each applicant in writing of the examinations.
2. The examination must be fair and impartial, practical in character, and the questions must be designed to discover the applicant’s fitness.
3. The Board may employ specialists and other professional consultants or examining services in conducting the examination.
4. [The] Each member who is
not licensed in any state to practice any healing art shall not participate in
preparing, conducting or grading any examination required by the Board.
Sec. 29. NRS 634.020 is hereby amended to read as follows:
634.020 1. The Chiropractic Physicians’ Board of Nevada, consisting of six members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) [Five] Four members
who are:
(1) Graduates of chiropractic schools or colleges giving a course of study embracing the following subjects: Anatomy, bacteriology, chiropractic theory and practice, diagnosis or analysis, elementary chemistry and toxicology, histology, hygiene and sanitation, obstetrics and gynecology, pathology, physiology and symptomatology;
(2) Licensed under this chapter; and
(3) Actually engaged in the practice of chiropractic in this state and who have been so engaged in this state for at least 3 years preceding their appointment.
(b) One member who
represents the interests of persons or agencies that regularly provide health
care to patients who are indigent, uninsured or unable to afford health care.
This member may be licensed under the provisions of this chapter.
(c) One member who is a
representative of the general public.
This member must not be:
(1) A chiropractor or a
chiropractor’s assistant; or
(2) The spouse or the
parent or child, by blood, marriage or adoption, of a chiropractor or a
chiropractor’s assistant.
3. At least two of the appointees must have had a course in physiotherapy in a school or college of chiropractic. Not more than two persons who are resident graduates of the same school or college of chiropractic may serve simultaneously as members of the Board.
4. [The member who is
a representative of the general public] If
a member is not licensed under the provisions of this chapter, the member shall
not participate in preparing any examination required by the Board.
Sec. 30. NRS 634A.030 is hereby amended to read as follows:
634A.030 1. The State Board of Oriental Medicine, consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint to the Board:
(a) [Three] Two members
who are licensed pursuant to this chapter.
(b) One member who
represents the interests of persons or agencies that regularly provide health
care to patients who are indigent, uninsured or unable to afford health care.
This member may be licensed under the provisions of this chapter.
(c) Two members who are
representatives of the general public.
These members must not be:
(1) A doctor of
Oriental medicine; or
(2) The spouse or the
parent or child, by blood, marriage or adoption, of a doctor of Oriental
medicine.
3. Each member of the Board shall, before entering upon the duties of his office, take the oath of office prescribed by the Constitution before someone qualified to administer oaths.
Sec. 31. NRS 635.020 is hereby amended to read as follows:
635.020 1. The State Board of Podiatry, consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) [Four] Three members
who are licensed podiatric physicians in the State of Nevada.
(b) One member who
represents the interests of persons or agencies that regularly provide health
care to patients who are indigent, uninsured or unable to afford health care.
This member may be licensed under the provisions of this chapter.
(c) One member who is a
representative of the general public.
This member must not be:
(1) A licensed
podiatric physician in the State of Nevada; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed podiatric physician in the State of Nevada.
3. The members of the Board are entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the Board, while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.
4. While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.
5. [The member who is
a representative of the general public] If
a member is not licensed under the provisions of this chapter, the member shall
not participate in preparing, conducting or grading any examination required by
the Board.
Sec. 32. NRS 636.035 is hereby amended to read as follows:
636.035 1. The Governor shall appoint:
(a) Three members who are licensed to practice optometry in the State of Nevada and are actually engaged in the practice of optometry.
(b) One member who is a representative of the general public. This member must not be:
(1) Licensed to
practice optometry; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a person licensed to practice optometry.
2. A person shall not be appointed if he:
(a) Is the owner or co‑owner of, a stockholder in, or a member of the faculty or board of directors or trustees of, any school of optometry;
(b) Is financially interested, directly or indirectly, in the manufacture or wholesaling of optical supplies; or
(c) Has been convicted of a felony or a gross misdemeanor involving moral turpitude.
3. The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.
Sec. 33. NRS 637.030 is hereby amended to read as follows:
637.030 1. The Board of Dispensing Opticians, consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Four members who have actively engaged in the practice of ophthalmic dispensing for not less than 3 years in the State of Nevada immediately preceding the appointment.
(b) One member who is a representative of the general public. This member must not be:
(1) A dispensing
optician; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a dispensing optician.
3. The Governor, after hearing, may remove any member for cause.
4. The member who is the representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.
Sec. 34. NRS 637A.035 is hereby amended to read as follows:
637A.035 1. The Governor shall appoint:
(a) One member who is a physician with a specialty in otorhinolaryngology or otology.
(b) One member who is licensed to engage in the practice of audiology pursuant to chapter 637B of NRS.
(c) One member who is a hearing aid specialist.
(d) Two members who are representatives of the general public and
have hearing disorders. These members
must not be:
(1) A hearing aid
specialist, a physician with a specialty in otorhinolaryngology or otology or a
person licensed to engage in the practice of audiology pursuant to chapter 637B
of NRS; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a hearing aid specialist, a physician with a specialty in otorhinolaryngology or otology or a person licensed to engage in the practice of audiology pursuant to chapter 637B of NRS.
2. After their initial terms, the members of the Board shall serve terms of 3 years.
3. No member of the Board may be a stockholder of a manufacturer.
4. The members of the Board serve at the pleasure of the Governor.
Sec. 35. NRS 637B.100 is hereby amended to read as follows:
637B.100 1. The Board of Examiners for Audiology and Speech Pathology, consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Two members who have been engaged in the practice of speech pathology for 2 years or more;
(b) One member who has been engaged in the practice of audiology for 2 years or more;
(c) One member who is a physician and who is certified by the Board of Medical Examiners as a specialist in otolaryngology, pediatrics or neurology; and
(d) One member who is a representative of the general public. This member must not be:
(1) A speech
pathologist or an audiologist; or
(2) The spouse or the
parent or child, by blood, marriage or adoption, of a speech pathologist or an
audiologist.
3. Members of the Board who are speech pathologists and audiologists must be representative of the university, public school, hospital or private aspects of the practice of audiology and of speech pathology.
4. Each member of the
Board who is a speech pathologist or audiologist must hold a current license
issued pursuant to this chapter or a current certificate of clinical competence
from the American [Speech and] Speech‑Language-Hearing
Association.
5. The member who is a representative of the general public may not participate in preparing, conducting or grading any examination required by the Board.
Sec. 36. NRS 638.020 is hereby amended to read as follows:
638.020 1. The Nevada State Board of Veterinary Medical Examiners is hereby created.
2. The Board consists of seven members appointed by the Governor.
3. Six of the members must:
(a) Be residents of the State of Nevada.
(b) Be graduates of a veterinary college approved by the American Veterinary Medical Association.
(c) Have been lawfully engaged in the private practice of veterinary medicine in the State of Nevada for at least 5 years next preceding the date of their appointment.
4. One member appointed
by the Governor must be a representative of the general public. This member must not be:
(a) A veterinarian, a
veterinary technician or a euthanasia technician; or
(b) The spouse or the parent or child, by blood, marriage or adoption, of a veterinarian, a veterinary technician or a euthanasia technician.
5. Any member may be removed from the Board by the Governor for good cause.
Sec. 37. NRS 640.030 is hereby amended to read as follows:
640.030 1. The State Board of Physical Therapy Examiners, consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Four members who are licensed physical therapists in the State of Nevada.
(b) One member who is a representative of the general public. This member must not be:
(1) A physical
therapist, a physical therapist’s assistant or a physical therapist’s
technician; or
(2) The spouse or the
parent or child, by blood, marriage or adoption, of a physical therapist, a
physical therapist’s assistant or a physical therapist’s technician.
3. The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.
4. No member of the Board may serve more than two consecutive terms.
5. The Governor may remove any member of the Board for incompetency, neglect of duty, gross immorality or malfeasance in office.
6. A majority of the members of the Board constitutes a quorum.
7. No member of the Board may be held liable in a civil action for any act which he has performed in good faith in the execution of his duties under this chapter.
Sec. 38. NRS 640A.080 is hereby amended to read as follows:
640A.080 1. The Board of Occupational Therapy, consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint to the Board:
(a) One member who is a representative of the general public . [;] This member must not be:
(1) An occupational
therapist or an occupational therapy assistant; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of an occupational therapist or an occupational therapy assistant.
(b) One member who is an occupational therapist or occupational
therapy assistant . [; and]
(c) Three members who are occupational therapists.
3. Each member of the Board must be a resident of Nevada. An occupational therapist or occupational therapy assistant appointed to the Board must:
(a) Have practiced, taught or conducted research in occupational therapy for the 5 years immediately preceding his appointment; and
(b) Except for the initial members, hold a license issued pursuant to this chapter.
4. No member of the Board may serve more than two consecutive terms.
5. If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this section to replace that member for the remainder of the unexpired term.
Sec. 39. NRS 641.040 is hereby amended to read as follows:
641.040 1. The Governor shall appoint to the Board:
(a) Four members who are licensed psychologists in the State of Nevada with at least 5 years of experience in the practice of psychology after being licensed.
(b) One member who is a representative of the general public. This member must not be:
(1) A psychologist; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a psychologist.
2. A person is not eligible for appointment unless he is:
(a) A citizen of the United States; and
(b) A resident of the State of Nevada.
3. The member who is a representative of the general public:
(a) Shall not participate in preparing, conducting or grading any examination required by the Board.
(b) Must not be a psychologist, an applicant or former applicant for licensure as a psychologist, a member of a health profession or a member of a household that includes a psychologist.
4. Board members must not have any conflicts of interest or the appearance of such conflicts in the performance of their duties as members of the Board.
Sec. 40. NRS 641A.100 is hereby amended to read as follows:
641A.100 1. The Governor shall appoint to the Board:
(a) Four members who are licensed marriage and family therapists and are in good standing with or acceptable for membership in their local or state societies and associations when they exist; and
(b) Two members who are representatives of the general public. These members must not be:
(1) A marriage and
family therapist; or
(2) The spouse or the parent or child, by blood, marriage or adoption,
of a marriage and family therapist.
2. The members who are representatives of the general public shall not participate in preparing, conducting or grading any examination required by the Board.
3. The Governor may, after notice and hearing, remove any member of the Board for misconduct in office, incompetence, neglect of duty or other sufficient cause.
Sec. 41. NRS 641B.100 is hereby amended to read as follows:
641B.100 1. The Board of Examiners for Social Workers consists of five members appointed by the Governor.
2. Four members appointed to the Board must be licensed or eligible for licensure pursuant to this chapter, except the initial members who must be eligible for licensure.
3. One member appointed
to the Board must be a representative of the general public. This member must not be:
(a) Licensed or eligible
for licensure pursuant to this chapter; or
(b) The spouse or the parent or child, by blood, marriage or adoption, of a person who is licensed or eligible for licensure pursuant to this chapter.
Sec. 42. NRS 641C.150 is hereby amended to read as follows:
641C.150 1. The Board of Examiners for Alcohol and Drug Abuse Counselors, consisting of five members appointed by the Governor, is hereby created.
2. The Board must consist of:
(a) Three members who are licensed as alcohol and drug abuse
counselors pursuant to the provisions of this chapter . [;]
(b) One member who is certified as an alcohol and drug abuse counselor
pursuant to the provisions of this chapter
. [; and]
(c) One member who is a representative of the general public. This member must not be:
(1) A licensed or
certified alcohol and drug abuse counselor; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed or certified alcohol and drug abuse counselor.
3. A person may not be appointed to the Board unless he is:
(a) A citizen of the United States or is lawfully entitled to remain and work in the United States; and
(b) A resident of this state.
4. No member of the Board may be held liable in a civil action for any act that he performs in good faith in the execution of his duties pursuant to the provisions of this chapter.
Sec. 43. NRS 648.020 is hereby amended to read as follows:
648.020 1. The Private Investigator’s Licensing Board, consisting of the Attorney General or his deputy and four members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) One member who is a private investigator.
(b) One member who is a private patrolman.
(c) One member who is a polygraphic examiner.
(d) One member who is a representative of the general public. This member must not be:
(1) A licensee; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a licensee.
3. The Chairman of the Board is the Attorney General or a deputy attorney general designated by the Attorney General to act in that capacity.
4. Each member of the Board, except the Chairman, is entitled to receive:
(a) A salary of not more than $80, as fixed by the Board, for each day or portion of a day during which he attends a meeting of the Board; and
(b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.
5. While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.
6. The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.
Sec. 44. NRS 654.060 is hereby amended to read as follows:
654.060 1. The Governor shall appoint:
(a) Two members who are nursing facility administrators.
(b) One member who is an administrator of a residential facility for groups with less than seven clients.
(c) One member who is an administrator of a residential facility for groups with seven or more clients.
(d) One member who is a member of the medical or paramedical professions.
(e) One member who is a representative of the general public. This member must not be:
(1) A nursing facility
administrator or an administrator of a residential facility for groups; or
(2) The spouse or the parent or child, by blood, marriage or adoption, of a nursing facility administrator or an administrator of a residential facility for groups.
2. The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.
Sec. 45. NRS 218.825 is hereby amended to read as follows:
218.825 1. [Each of the boards and commissions] Except as otherwise provided in subsection
2, each board or commission created by the provisions of chapters 623 to
625A, inclusive, 628 to 644, inclusive, [and 641C,] 654 and 656 of NRS
shall :
(a) If the revenue of the
board or commission from all sources is less than $50,000 for any fiscal year,
prepare a balance sheet for that fiscal year on the form provided by the
Legislative Auditor and file the balance sheet with the Legislative Auditor and
the Chief of the Budget Division of the Department of Administration on or
before December 1 following the end of that fiscal year. The Legislative
Auditor shall prepare and make available a form that must be used by a board or
commission to prepare such a balance sheet.
(b) If the revenue of the
board or commission from all sources is $50,000 or more for any fiscal year,
engage the services of a certified
public accountant or public accountant, or firm of either of such accountants,
to audit all its fiscal records [once each year for the preceding] for that fiscal year [or once every
other year for the 2 preceding fiscal years. The cost of the audit must be paid
by the board or commission audited.
2. A] and file a report of [each such audit
must be filed by the board or commission] the audit with the Legislative Auditor and the [Director] Chief of the Budget Division of the Department of Administration on or before December
1 [of each year in which an audit is conducted. All audits] following the end of that fiscal year.
2. In lieu of preparing a balance sheet or
having an audit conducted for a single fiscal year, a board or commission may
engage the services of a certified public accountant or public accountant, or
firm of either of such accountants, to audit all its fiscal records for a
period covering two successive fiscal years. If such an audit is conducted, the
board or commission shall file the report of the audit with the Legislative
Auditor and the Chief of the Budget Division of the Department of
Administration on or before December 1 following the end of the second fiscal
year.
3. The cost of each audit conducted pursuant to subsection 1 or 2 must be paid by the board or commission that is audited. Each such audit must be conducted in accordance with generally accepted auditing standards and all financial statements must be prepared in accordance with generally accepted principles of accounting for special revenue funds.
[3. The]
4. Whether or not a board or commission is
required to have its fiscal records audited pursuant to subsection 1 or 2, the Legislative
Auditor shall audit the fiscal records of any such board or commission whenever
directed to do so by the Legislative Commission. When the Legislative
Commission directs such an audit, it shall also determine who is to pay the
cost of the audit.
5. A person who is a state officer or employee
of a board or commission is guilty of nonfeasance if the person:
(a) Is responsible for
preparing a balance sheet or having an audit conducted pursuant to this section
or is responsible for preparing or maintaining the fiscal records that are
necessary to prepare a balance sheet or have an audit conducted pursuant to
this section; and
(b) Knowingly fails to
prepare the balance sheet or have the audit conducted pursuant to this section
or knowingly fails to prepare or maintain the fiscal records that are necessary
to prepare a balance sheet or have an audit conducted pursuant to this section.
6. In addition to any other remedy or penalty,
a person who is guilty of nonfeasance pursuant to this section forfeits his
state office or employment and may not be appointed to a state office or
position of state employment for a period of 2 years following the forfeiture.
The provisions of this subsection do not apply to a state officer who may be
removed from office only by impeachment pursuant to Article 7 of the Nevada
Constitution.
Sec. 46. As soon as practicable after October 1, 2003, the Governor shall appoint to the State Board of Osteopathic Medicine pursuant to:
1. Subsection 2 of NRS 633.191, one member whose term expires on September 30, 2006.
2. Subsection 1 of NRS 633.191, one member whose term expires on September 30, 2007.
Sec. 47. 1. The amendatory provisions of this act do not abrogate or affect the current term of office of any member of a board or commission who is serving in that term on October 1, 2003.
2. Notwithstanding the amendatory provisions of this act, if a person, on October 1, 2003, has a valid contract with a board or commission to perform any services as an independent contractor and the contract would otherwise violate the amendatory provisions of this act, the person may continue to perform those services for the board or commission under the terms of the contract in existence on October 1, 2003, for the remaining term of the contract.
3. Notwithstanding the amendatory provisions of this act, if a person, on October 1, 2003, is employed by a board or commission as an executive director or executive secretary or in a position with powers or duties similar to those of an executive director or executive secretary and the person does not possess the level of education or experience, or a combination of both, to qualify the person to perform the administrative and managerial tasks required of the position in accordance with the amendatory provisions of this act, the board or commission may continue to employ the person in the position until July 1, 2005, without the person complying with the amendatory provisions of this act.
Sec. 48. NRS 622.010 is hereby repealed.
TEXT OF REPEALED SECTION
622.010 “Occupational licensing board” defined. As used in this chapter, unless the context otherwise requires, “occupational licensing board” includes, without limitation:
1. The State Board of Architecture, Interior Design and Residential Design.
2. The State Board of Landscape Architecture.
3. The State Contractors’ Board.
4. The State Board of Professional Engineers and Land Surveyors.
5. The Board of Registered Environmental Health Specialists.
6. The Nevada State Board of Accountancy.
7. The Board of Medical Examiners.
8. The Board of Homeopathic Medical Examiners.
9. The Board of Dental Examiners of Nevada.
10. The State Board of Nursing.
11. The State Board of Osteopathic Medicine.
12. The Chiropractic Physicians’ Board of Nevada.
13. The State Board of Oriental Medicine.
14. The State Board of Podiatry.
15. The Nevada State Board of Optometry.
16. The Board of Dispensing Opticians.
17. The Board of Hearing Aid Specialists.
18. The Board of Examiners for Audiology and Speech Pathology.
19. The Nevada State Board of Veterinary Medical Examiners.
20. The State Board of Pharmacy.
21. The State Board of Physical Therapy Examiners.
22. The Board of Occupational Therapy.
23. The Board of Psychological Examiners.
24. The Board of Examiners for Marriage and Family Therapists.
25. The Board of Examiners for Social Workers.
26. The Board of Examiners for Alcohol and Drug Abuse Counselors.
27. The State Board of Funeral Directors, Embalmers and Operators of Cemeteries and Crematories.
28. The State Barbers’ Health and Sanitation Board.
29. The State Board of Cosmetology.
30. The Real Estate Division of the Department of Business and Industry.
31. The Commissioner of Financial Institutions.
32. The Private Investigator’s Licensing Board.
33. The Health Division of the Department of Human Resources.
34. The Nevada State Board of Examiners for Administrators of Facilities for Long-Term Care.
35. The Certified Court Reporters’ Board of Nevada.”.
Amend the title of the bill, thirteenth line, after “commissions;” by inserting: “increasing the membership of the State Board of Osteopathic Medicine;”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 323.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 276.
Amend sec. 2, page 3, line 2, by deleting “6,” and inserting “6.7,”.
Amend the bill as a whole by adding new sections designated sections 6.3 and 6.7, following sec. 6, to read as follows:
“Sec. 6.3.
In addition to the fees that the
Board is authorized or required to collect pursuant to the provisions of a
specific statute, the Board shall charge and collect the following fees:
Application for a license, certificate or
permit $375
Examination for a license, certificate or
permit 375
Renewal of a license, certificate or permit 200
Late renewal of a license, certificate or
permit 275
Placement of a license on inactive status 175
Reactivation of a license to active status 175
Reinstatement of a lapsed license 300
Transfer of a license, certificate or permit
to another location 225
Issuance of a duplicate license, certificate
or permit 75
Provision of an administrative service 75
Sec.
6.7. 1. The Board may provide for a
temporary authorization for an applicant for a license, certificate or permit
issued by the Board pursuant to this chapter or chapter 451 or 452 of NRS. The
temporary authorization allows an applicant who has satisfied the requirements
of and paid the applicable fees for the license, certificate or permit to carry
out the duties authorized by the license, certificate or permit.
2. The temporary authorization is effective during the period which begins upon issuance by the Board and ends when the Board takes action on the application for the license, certificate or permit.”.
Amend the bill as a whole by deleting sections 12 and 13 and adding:
“Secs. 12 and 13. (Deleted by amendment.)”.
Amend sec. 20, page 7, by deleting lines 24 and 25 and inserting: “pay the examination fee prescribed in section 6.3 of this act before the person may take the examination.”.
Amend sec. 21, page 8, by deleting lines 31 through 33 and inserting:
“7. Pays [a fee not to
exceed $300] to the Secretary of the Board [.] the fees prescribed in section 6.3 of this act.”.
Amend sec. 22, page 8, by deleting line 36
and inserting: “[a fee not to exceed $150,] the fee prescribed in section 6.3 of this act, a person who is
licensed to practice the”.
Amend sec. 23, page 9, by deleting lines 10 through 15 and
inserting: “Board shall renew his license, except for cause, [and the annual
fee for the renewal of a license must not exceed the sum of $200.] if the licensee complies with the
provisions of this section.
2.
The [Board shall mail on or before January 1 of each year to”.
Amend sec. 23, page 9, line 17, after “fee” by inserting: “prescribed in section 6.3 of this act”.
Amend sec. 23, page 9, by deleting lines 20
and 21 and inserting: “February 1 , a
[penalty of $100] fee for the late
renewal of the license will be added to the renewal fee, and in no case
will the [penalty] fee be
waived.”.
Amend sec. 29, page 11, by deleting lines 6 through 9 and inserting:
“642.220
1. Each registered apprentice
must pay [a fee not to exceed $100 per year to the Board] :
“(a) The annual fee
prescribed in section 6.3 of this act; and
(b) Any other fees
prescribed in section 6.3 of this act.”.
Amend sec. 36, page 12, line 21, by deleting
“by]” and inserting: “by a
fee of $100,] ”.
Amend sec. 36, page 12, line 24, by deleting: “a fee of $100,” and inserting: “the examination fee prescribed in section 6.3 of this act,”.
Amend sec. 39, page 13, by deleting lines 26 through 31 and inserting:
“5. [The] An application for:
(a) A funeral director’s
license must be accompanied by [a fee not to exceed $300.] the application fee and the examination fee
prescribed in section 6.3 of this act.
(b) A license to conduct
direct cremations or immediate burials must be accompanied by the application
fee prescribed in section 6.3 of this act.”
Amend sec. 40, page 13, by deleting lines 43 through 45 and inserting:
“3. Each application must
be accompanied by [a fee not to exceed $300.] the application fee prescribed in section 6.3 of this act.”.
Amend the bill as a whole by adding a new section designated sec. 43.5, following sec. 43, to read as follows:
“Sec. 43.5. NRS 642.420 is hereby amended to read as follows:
642.420
[1.] Each licensed
funeral director and each person who is licensed to conduct direct cremations
or immediate burials shall pay [an] the
annual fee prescribed in section 6.3
of this act for the renewal of his license.
[2.
The renewal fee, payable by a licensed funeral director or a person
licensed to conduct direct cremations or immediate burials, must not exceed
$200.]”.
Amend sec. 44, page 14, by deleting lines 29
through 31 and inserting: “that if the renewal
fee is not paid by February 1, a [penalty not to exceed $200,] fee for the late renewal of the license
will be added to the renewal fee, and in no case will the [penalty] fee be waived.”.
Amend sec. 45, page 14, by deleting line 38
and inserting: “funeral establishment must pay [an annual fee , not to
exceed $200,] the annual fee
prescribed in section 6.3 of this act”.
Amend sec. 45, page 15, line 14, by
deleting: “not to exceed $200” and inserting: “[not to exceed $200]”.
Amend sec. 47, page 15, line 35, by
deleting: “a fee not to exceed $150,” and inserting: “[a fee not to exceed
$150,] the fee prescribed in section
6.3 of this act,”.
Amend sec. 56, page 20, by deleting line 11 and inserting “1. The”.
Amend the bill as a whole by deleting sec. 59 and renumbering section 60 through 66 as sections 59 through 65.
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 338.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 436.
Amend section 1, page 1, line 3, by deleting “33,” and inserting “34,”.
Amend sec. 7, page 2, line 17, after “Friction;” by inserting “and”.
Amend sec. 7, page 2, by deleting lines 18 and 19 and inserting:
“(g) Movements applied manually with or”.
Amend sec. 7, page 2, line 24, by deleting: “spine or the” and inserting “spine.”.
Amend sec. 7, page 2, by deleting line 25.
Amend sec. 8, page 2, by deleting lines 34 through 43 and inserting:
“(c) Students enrolled in a school of massage therapy recognized”.
Amend sec. 8, page 3, line 1, by deleting “(e)” and inserting “(d)”.
Amend sec. 8, page 3, line 3, by deleting “(f)” and inserting “(e)”.
Amend sec. 8, page 3, line 9, by deleting “generally,” and inserting: “within the jurisdiction of the county, city or town,”.
Amend sec. 9, page 3, by deleting lines 29 through 33 and inserting: “person or group.”.
Amend sec. 10, page 4, lines 6 and 10, by deleting “2” and inserting “4”.
Amend sec. 11, page 4, line 18, by deleting “telephonically.” and inserting: “telephonically or by videoconferencing. A meeting conducted telephonically or by videoconferencing must meet the requirements of chapter 241 of NRS.”.
Amend sec. 14, page 5, line 11 by deleting “and”.
Amend sec. 14, page 5, between lines 11 and 12, by inserting:
“2. Establish the requirements for the approval
of a continuing education course, including, without limitation, a course on a
specialty technique of massage therapy;
3. Establish the requirements for the approval
of an instructor of a continuing education course;
4. Establish requirements relating to sanitation, hygiene and safety relating to the practice of massage therapy; and”.
Amend sec. 14, page 5, line 12, by deleting “2.” and inserting “5.”.
Amend sec. 18, page 6, lines 4 and 5, by deleting: “who is not licensed pursuant to this chapter to practice massage therapy or”.
Amend sec. 18, page 6, between lines 26 and 27, by inserting:
“3. A person who is not licensed pursuant to
this chapter to practice massage therapy and who:
(a)
Engages in the practice of massage therapy; or
(b)
Uses in connection with his name the words or letters “L.M.T.,” “licensed
massage therapist,” “licensed massage technician,” “M.T.,” “massage technician”
or “massage therapist,” or any other letters, words or insignia indicating or
implying that he is licensed to practice massage therapy, or who in any other
way, orally, or in writing or print, or by sign, directly or by implication,
uses the word “massage” or represents himself as licensed or qualified to
engage in the practice of massage therapy,
is guilty of a misdemeanor.”.
Amend sec. 19, page 6, line 38, by deleting “approved” and inserting “recognized”.
Amend sec. 19, page 7, by deleting lines 1 and 2 and inserting:
“(5) A full set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.”.
Amend sec. 19, page 7, lines 7 and 8, by deleting: “Bodywork or any other organization approved by the Board.” and inserting “Bodywork.”.
Amend sec. 19, page 7, line 9, by deleting “approve” and inserting “recognize”.
Amend sec. 20, page 7, by deleting lines 15
through 19 and inserting: “Massage and
Bodywork ceases to administer the written examination required by paragraph (d)
of subsection 2 of section 19 of this act or if the Board, after public
comment, determines that such examination inadequately tests the knowledge and
competency of applicants, the Board shall:
1. Accept from an applicant for a license the
results of an examination administered by any board that is accredited by the
National Commission for Certifying Agencies to examine massage therapists; or
2. Prepare or cause to be prepared a written examination that is:”.
Amend sec. 20, page 7, line 20, by deleting “1.” and inserting “(a)”.
Amend sec. 20, page 7, line 24, by deleting “2.” and inserting “(b)”.
Amend sec. 21, page 7, line 37, by deleting “approved” and inserting “recognized”.
Amend sec. 21, page 7, between lines 38 and 39, by inserting:
“(4)
Proof that he:
(I)
Has taken the examination offered by the National Certification Board for
Therapeutic Massage and Bodywork; or
(II)
Is scheduled to take the examination offered by the National Certification
Board for Therapeutic Massage and Bodywork within 90 days after the date of
application;
(5) A certification that he has not committed any of the offenses for which the Board may refuse to issue a license pursuant to section 32 of this act;”.
Amend sec. 21, page 7, line 39, by deleting “(4)” and inserting “(6)”.
Amend sec. 21, page 8, by deleting lines 1 and 2 and inserting:
“(7) A full set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.”.
Amend sec. 21, page 8, lines 3 and 4, by deleting: “1 year from” and inserting: “90 days after”.
Amend sec. 21, page 8, line 6, by deleting “approve” and inserting “recognize”.
Amend sec. 24, page 9, by deleting lines 26
through 34 and inserting: “the Board may
issue a license, without regard to the requirements of section 19 of this act,
to an applicant:
(a)
Who holds a current license to practice massage therapy issued by a county,
city or town of this state that regulates the practice of massage therapy; or
(b) Who holds a current license to practice massage therapy issued by another state, territory or possession of the United States.”.
Amend sec. 24, page 10, line 4, after “therapy” by inserting: “during the immediately preceding 10 years”.
Amend sec. 25, page 10, by deleting lines 12 through 22 and inserting:
“Sec.
25. 1. The Board shall establish
and may amend a schedule of fees and charges for the following items and within
the following ranges:
Not less
than Not more than
An examination established by the Board
pursuant to section 19 of this act $50 $150
An application for a license 42 126
An application for a license without an
examination 42 126
A background check of an applicant 48 120
The issuance of a license 52 156
The renewal of a license 33 99
The restoration of an expired license 33 99
The reinstatement of a suspended or revoked
license 99 250
The issuance of a duplicate license 25 75
The restoration of an inactive license 33 99”.
Amend sec. 25, page 10, line 24, by deleting “service” and inserting: “service, including, without limitation, the reinstatement of a suspended or revoked license,”.
Amend sec. 27, page 10, line 40, by deleting “and”.
Amend sec. 27, page 10, between lines 40 and 41 by inserting:
“(c) Proof of his certification by the National Certification Board for Therapeutic Massage and Bodywork; and”.
Amend sec. 27, page 10, line 41, by deleting “(c)” and inserting “(d)”.
Amend sec. 27, page 11, by deleting lines 1 and 2 and inserting:
“(b) Submits to the Board proof of his certification by the National Certification Board for Therapeutic Massage and Bodywork; and”.
Amend sec. 27, page 11, by deleting lines 8 through 15.
Amend sec. 27, page 11, line 16, by deleting “4.” and inserting “3.”.
Amend the bill as a whole by renumbering sections 28 through 45 as sections 29 through 46 and adding a new section designated sec. 28, following sec. 27, to read as follows:
“Sec.
28. 1. Upon written request to the
Board, a licensee in good standing may cause his name and license to be
transferred to an inactive list. The licensee may not practice massage therapy
during the time the license is inactive and no renewal fee accrues.
2. If an inactive licensee desires to resume
the practice of massage therapy, the Board shall renew the license upon:
(a)
Demonstration, if deemed necessary by the Board, that the licensee is then
qualified and competent to practice;
(b)
Completion of an application; and
(c) Payment of the current fee for renewal of the license.”.
Amend sec. 28, page 11, line 23, by deleting “false” and inserting “false, fraudulent”.
Amend sec. 28, page 11, by deleting lines 29 through 31, and inserting:
“3. Has been convicted of:
(a) A
crime involving violence, prostitution or any other sexual offense, a crime
relating to a controlled substance, a crime involving any federal or state law
or regulation relating to massage therapy or a substantially similar business,
or a crime involving moral turpitude;
(b)
Any other misdemeanor, excluding misdemeanor traffic violations, within the
past 5 years; or
(c) Any other felony within the past 10 years.”.
Amend sec. 28, page 11, line 39, by deleting “genitals or”.
Amend sec. 28, page 12, line 17, by deleting “advertising.” and inserting: “advertising, including, without limitation, falsely, deceptively or misleadingly advertising training in a specialty technique of massage in which the person has not received training.”.
Amend sec. 28, page 12, between lines 17 and 18 by inserting:
“14. Has failed to maintain certification with the National Certification Board for Therapeutic Massage and Bodywork.”.
Amend sec. 33, page 14, line 32, by deleting: “board or any agency” and inserting: “board, any agency or any county, city or town in which the licensee practices massage therapy”.
Amend sec. 35, page 15, line 42, by deleting “33,” and inserting “34,”.
Amend sec. 36, page 16, lines 26 and 44, by deleting “33,” and inserting “34,”.
Amend sec. 37, page 17, line 8, by deleting “33,” and inserting “34,”.
Amend sec. 38, page 17, line 34, by deleting “33,” and inserting “34,”.
Amend sec. 39, page 18, line 10, by deleting “33,” and inserting “34,”.
Amend sec. 40, page 18, line 45, by deleting “33,” and inserting “34,”.
Amend sec. 41, page 19, line 44, by deleting “33,” and inserting “34,”.
Amend sec. 43, page 20, line 5, by deleting: “October 1, 2004,” and inserting: “July 1, 2005,”.
Amend sec. 43, page 20, lines 7, 11, 15 and 18, by deleting “33,” and inserting “34,”.
Senator Tiffany moved the adoption of the amendment.
Remarks by Senator Tiffany.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 362.
Bill read second time.
The following amendment was proposed by the Committee on Legislative Affairs and Operations:
Amendment No. 374.
Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. The Las Vegas Monorail Company shall provide a copy of its annual audited financial statement to the Legislative Commission. The financial statement must be prepared in accordance with generally accepted accounting principles, and the audit must be conducted in accordance with generally accepted auditing standards applicable to entities such as the Las Vegas Monorail Company.
2. In the event that the Las Vegas Monorail Company does not provide a copy of its annual audited financial statement to the Legislative Commission within 6 months after the end of the fiscal year of the Company, the Legislative Commission may direct the Legislative Auditor to conduct an audit of the Company. The Legislative Auditor shall provide written notice to the Company at least 30 days before beginning any such audit.
3. To the extent that the provisions of NRS 218.737 to 218.890, inclusive, are consistent with the requirements of this section, those provisions apply to any audit conducted pursuant to this section.
4. The Las Vegas Monorail Company shall provide an annual performance report to the Legislative Commission. The performance report must accompany the annual audited financial statement submitted to the Legislative Commission pursuant to subsection 1. The performance report must include the following information that is provided to the public bondholders:
(a) The monorail budget as approved by the Governor;
(b) Construction progress and change order status, including expansion plans;
(c) Systems operations and security;
(d) Intergovernmental coordination;
(e) The minutes of the annual public hearing;
(f) Pending litigation updates;
(g) An administrative update; and
(h) The oversight consultant’s report on construction progress.
Sec. 2. 1. Upon the request of the Legislative Auditor, the Las Vegas Monorail Company shall transfer to the Audit Division of the Legislative Counsel Bureau the sum of $50,000 to carry out the provisions of section 1 of this act if the Legislative Commission directs the Legislative Auditor to conduct an audit pursuant to section 1 of this act.
2. If such a transfer occurs, any remaining balance of the sum transferred pursuant to subsection 1 must not be committed for expenditure after 1 year following the date of the transfer and must be transferred to the Las Vegas Monorail Company as soon as all payments of money committed have been made.”.
Amend sec. 3, page 2, line 19, by deleting “2003.” and inserting: “2003, and expires by limitation on July 1, 2008.”.
Amend the title of the bill to read as follows:
“AN ACT relating to transportation; requiring the Las Vegas Monorail Company to provide certain financial reports to the Legislative Commission; authorizing the Legislative Commission to direct the Legislative Auditor to conduct an audit of the Las Vegas Monorail Company under certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires Las Vegas Monorail Company to provide certain documents to Legislative Commission and authorizes Legislative Auditor to conduct audit under certain circumstances. (BDR S‑573)”.
Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 370.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 371.
Amend section 1, page 1, by deleting lines 9 through 11 and inserting: “property conveyed exceeds $100.”.
Amend sec. 17, page 11, by deleting lines 34
through 38 and inserting: “of this act
must be allocated for disbursement to each county in proportion to the amount
of money collected in that county and must only be used:
(a) By
the Department for programs on the exclusion, detection and control of:
(1)
Invasive species; and
(2)
Endemic pests and weeds designated by the Director; and
(b) For grants to local governments and nonprofit organizations for the control or management of such species, pests and weeds.”.
Amend sec. 17, page 11, line 42, after “species” by inserting: “and endemic pests and weeds designated by the Director”.
Amend the title of the bill by deleting the fourth through seventh lines and inserting: “used for the control of invasive species and certain endemic pests and weeds; requiring the State Department of Agriculture to present annually to each board of county commissioners proposed programs for the control of such species, pests and weeds; and providing other”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes board of county commissioners to impose additional tax on transfer of real property for control of invasive species and certain endemic pests and weeds. (BDR 32‑39)”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 372.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 277.
Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 644 of NRS is hereby amended by adding thereto a new section to read as follows:
The Board shall not include on any license or certificate for public display the residential address of the holder or any other personal information relating to the holder, except the name of the holder and the number of the license or certificate.”.
Amend the bill as a whole by deleting sections 4 through 6 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:
“Sec. 4. The provisions of section 1 of this act apply only to a license or certificate issued or renewed on or after June 1, 2003.
Sec. 5. 1. This section and sections 1 and 4 of this act become effective upon passage and approval.
2. Sections 2 and 3 of this act become effective on July 1, 2003.”.
Amend the title of the bill to read as follows:
“AN ACT relating to cosmetology; authorizing certain providers of health care to practice in a cosmetological establishment under certain circumstances; prohibiting the State Board of Cosmetology from including certain personal information on a license or certificate which is required to be displayed publicly; and providing other matters properly relating thereto.”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senators Carlton and Hardy.
Senator Hardy disclosed that his wife is a cosmetologist.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 440.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 470.
Amend sec. 9, page 2, line 38, by deleting “$500,000;” and inserting “$175,000;”.
Amend sec. 14, page 4, by deleting lines 29 through 31 and inserting: “rate of 6 percent of the total amount postponed as of the date the postponed taxes are paid or become due and payable. Except as otherwise provided in subsection 8 of NRS 361.483, no other penalties or interest accrue during the period of postponement.”.
Amend sec. 16, pages 4 and 5, by deleting lines 44 and 45 on page 4 and lines 1 through 3 on page 5 and inserting:
“Sec.
16. A claimant who has postponed the payment of property tax pursuant to
sections 2 to 21, inclusive, of this act may submit to the county assessor of
the county in which the single-family residence is located a request for a
statement of the total amount postponed as of the date of the request and the
interest accrued thereon. Upon the receipt of such a request, the county
assessor shall request the county treasurer of the county in which the
single-family residence is located to prepare such a statement and deliver a
copy of the statement to the county assessor. Upon the receipt of the
statement, the county assessor shall provide the claimant with a copy of the
statement.”.
Amend
sec. 23, page 8, line 11, after “due.” by inserting:
“If the required payment is not paid within 30 days after it becomes due, there must be added thereto all penalties and interest that would have accrued had the property tax not been postponed pursuant to sections 2 to 21, inclusive, of this act.”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 449.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 457.
Amend the bill as a whole by deleting sections 2 and 3 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
“Sec. 2. NRS 293.481 is hereby amended to read as follows:
293.481 1. Except as otherwise provided in subsection 2 or NRS 295.121 or 295.217, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when the governing body decides to submit a question:
(a) At a general election, shall provide [a
copy of the question, including an explanation of and arguments for and against
the question,] to each county clerk within the designated territory on or
before the third Monday in July preceding the election [.] :
(1)
A copy of the question, including an explanation of the question;
(2)
Arguments for and against the question; and
(3)
If the question is an advisory question that proposes a bond, tax, fee or
expense, a fiscal note prepared by the governing body in accordance with
subsection 4 of NRS 293.482.
(b) At a primary election, shall provide [a
copy of the question, including an explanation of and arguments for and against
the question,] to each county clerk within the designated territory on or
before the third Monday in May preceding the election [.] :
(1)
A copy of the question, including an explanation of the question;
(2)
Arguments for and against the question; and
(3)
If the question is an advisory question that proposes a bond, tax, fee or
expense, a fiscal note prepared by the governing body in accordance with
subsection 4 of NRS 293.482.
(c) At any election other than a primary or
general election at which the county clerk gives notice of the election or
otherwise performs duties in connection therewith other than the registration
of electors and the making of records of registered voters available for the
election, shall provide [a copy of the question, including an explanation of
and arguments for and against the question,] to each county clerk at least
60 days before the election [.] :
(1)
A copy of the question, including an explanation of the question;
(2)
Arguments for and against the question; and
(3)
If the question is an advisory question that proposes a bond, tax, fee or
expense, a fiscal note prepared by the governing body in accordance with
subsection 4 of NRS 293.482.
(d) At any city election at which the city
clerk gives notice of the election or otherwise performs duties in connection
therewith, shall provide [a copy of the question, including an explanation
of and arguments for and against the question,] to the city clerk at least
60 days before the election [.] :
(1)
A copy of the question, including an explanation of the question;
(2)
Arguments for and against the question; and
(3)
If the question is an advisory question that proposes a bond, tax, fee or
expense, a fiscal note prepared by the governing body in accordance with
subsection 4 of NRS 293.482.
2. A question may be submitted after the dates specified in subsection 1 if the question is expressly privileged or required to be submitted pursuant to the provisions of Article 19 of the Constitution of the State of Nevada, or pursuant to the provisions of chapter 295 of NRS or any other statute except NRS 293.482, 354.59817, 354.5982, 387.3285 or 387.3287 or any statute that authorizes the governing body to issue bonds upon the approval of the voters.
3. A
county or city clerk may charge any political subdivision, public or
quasi-public corporation or other local agency which submits a question a
reasonable fee sufficient to pay for the increased costs incurred in including
the question, explanation , [and]
arguments and fiscal note on the
ballot.
Sec. 3. NRS 293.482 is hereby amended to read as follows:
293.482
1. The governing body of [any]
a county or city may, at any general
election or general city election, ask the advice of the registered voters
within its jurisdiction on any question which it has under consideration . [by adopting] No other political subdivision, public or
quasi-public corporation or other local agency may ask the advice of the
registered voters within its jurisdiction on any question which it has under
consideration.
2. To place an advisory question on the ballot
at a general election or general city election, the governing body of a county
or city must:
(a)
Adopt a resolution [which:
(a) Except as otherwise provided in NRS
295.121 and 295.217, sets forth the advisory question, including an] that:
(1)
Sets forth:
(I)
The question, in language indicating clearly that the question is advisory
only;
(II)
An explanation of [and arguments] the question;
(III)
Except as otherwise provided in NRS 295.121 and 295.217, arguments for and
against the question [, to be submitted to the voters; and
(b)] ; and
(IV) If the question is an advisory question that proposes a bond, tax, fee or expense, a fiscal note prepared by the governing body in accordance with subsection 4; and
(2)
States that the result of the voting on the question does not place any
legal requirement on the governing body ,
any member of the governing body or any officer of the political
subdivision [.
2.] ; and
(b) Comply with the requirements of paragraph (a) or (d) of subsection 1 of NRS 293.481.
3. A governing body may, at any general election, ask the advice of the registered voters of part of its territory if:
(a) The advisory question to be submitted affects only that part of its territory; and
(b) The resolution adopted pursuant to
subsection [1] 2 sets forth
the boundaries of the area in which the advice of the registered voters will be
asked.
4. With respect to a fiscal note that is
required in connection with an advisory question:
(a)
If, in the advisory question, the governing body seeks advice on whether bonds
should be issued, the fiscal note must include any information that is required
by law to be included on the sample ballot pursuant to the provisions of law
that govern the procedure for issuance of the applicable type of bond.
(b)
If, in the advisory question, the governing body seeks advice on whether a
limitation upon revenue from taxes ad valorem should be exceeded, the fiscal
note must include any information that is required by law to be included on the
sample ballot pursuant to the provisions of law that govern the procedure for
exceeding that limitation.
(c)
If, in the advisory question, the governing body seeks advice on whether a tax
other than a property tax described in paragraph (b) should be levied, the
fiscal note must:
(1)
Identify the average annual cost that is expected to be incurred by the
affected taxpayers if the tax were to be levied;
(2)
Specify the period over which the tax is proposed to be levied;
(3)
Disclose whether, in connection with the levy of the tax, revenue bonds are to
be sold which will be backed by the full faith and credit of the assessed value
of the applicable local government; and
(4)
If applicable, specify whether, in connection with or following the levy of the
tax, additional expenses are expected to be incurred to pay for the operation
or maintenance of any program or service to be provided from the proceeds of
the tax or to pay for the operation or maintenance of any building, equipment,
facility, machinery, property, structure, vehicle or other thing of value to be
purchased, improved or repaired with the proceeds of the tax.
(d)
If, in the advisory question, the governing body seeks advice on whether a fee
should be imposed, the fiscal note must:
(1)
Identify the average annual cost that is expected to be incurred by the
affected users if the fee were to be imposed;
(2)
Specify the period over which the fee is proposed to be imposed; and
(3)
If applicable, specify whether, in connection with or following the imposition
of the fee, additional expenses are expected to be incurred to pay for the
program or service to be provided from the proceeds of the fee or to pay for
the operation or maintenance of any building, equipment, facility, machinery,
property, structure, vehicle or other thing of value to be purchased, improved
or repaired with the proceeds of the fee.
(e)
If, in the advisory question, the governing body seeks advice on whether the
applicable local government should incur an expense, the fiscal note must:
(1)
Identify the source of revenue that will be used to pay the expense;
(2)
Disclose whether it is expected that the incurring of the expense will require
the levy or imposition of a new tax or fee or the increase of an existing tax
or fee; and
(3)
If a tax or fee is proposed to be levied or imposed or increased to pay the
expense, contain the information required pursuant to paragraph (c) or (d), as
applicable.
5. On the sample ballot for the general
election or general city election, each advisory question must appear:
(a) With a title in
substantially the following form: “Advisory Ballot Question No. ..”; and
(b)
With its explanation, arguments and, if required, fiscal note.
6. The Committee on Local Government Finance shall prepare sample advisory ballot questions to demonstrate, for each situation enumerated in paragraphs (a) to (e), inclusive, of subsection 4, examples of the manner in which fiscal notes should be prepared.”.
Amend sec. 4, page 4, line 34, by deleting: “293.481, 293.482 or 295.121,” and inserting: “293.481 or 293.482,”.
Amend sec. 6, page 7, line 5, by deleting: “293.481, 293.482 or 295.217,” and inserting: “293.481 or 293.482,”.
Amend sec. 7, page 7, by deleting lines 34 and 35 and inserting:
“295.121
1. In a county whose population
is [100,000] 40,000 or more,
for each initiative, referendum or other question to be”.
Amend sec. 7, page 8, by deleting lines 26 and 27 and inserting:
“5.
If the board of a county whose population is [100,000] 40,000 or more fails to appoint a
committee as required pursuant to this”.
Amend sec. 7, page 8, by deleting lines 36
through 45 and inserting: “referendum or other question,] prepare an
argument either advocating or opposing approval by the voters of the
initiative, referendum or other question [;]
, based on whether the members were
appointed to advocate or oppose approval by the voters of the initiative,
referendum or other question;”.
Amend sec. 7, page 9, line 3, by deleting: “, fiscal note”.
Amend sec. 7, page 9, by deleting lines 6 and 7 and inserting:
“7. The county clerk of a
county whose population is [100,000] 40,000
or more shall provide, by rule or regulation:”.
Amend sec. 7, page 9, lines 8 and 9, by deleting: “, fiscal note”.
Amend sec. 7, page 9, line 10, by deleting: “, fiscal note”.
Amend sec. 7, page 9, line 13, by deleting: “, fiscal note”.
Amend sec. 7, page 9, line 19, by deleting: “, fiscal note”.
Amend sec. 7, page 9, line 31, by deleting: “, fiscal note”.
Amend sec. 7, page 9, by deleting lines 38 through 42 and inserting:
“10. In a county whose
population is less than [100,000:] 40,000:
(a) The board may appoint committees pursuant to this section.
(b) If the board appoints committees pursuant to this section, the county clerk shall provide for rules or regulations pursuant to subsection 7.”.
Amend sec. 8, page 9, by deleting lines 44 and 45 and inserting:
“295.217 1. In a city whose population is [60,000]
10,000 or more, for each initiative,
referendum or other question to be placed”.
Amend sec. 8, page 10, line 2, by deleting “consultation ,” and inserting “consultation”.
Amend sec. 8, page 10, by deleting line 36 and inserting:
“5. If the council of a
city whose population is [60,000] 10,000
or more”.
Amend sec. 8, page 11, by deleting lines 3 through 12 and
inserting: “referendum or other question,] prepare an argument either
advocating or opposing approval by the voters of the initiative, referendum or
other question [;] , based on whether the members were
appointed to advocate or oppose approval by the voters of the initiative,
referendum or other question;”.
Amend sec. 8, page 11, line 15, by deleting: “, fiscal note”.
Amend sec. 8, page 11, by deleting line 18 and inserting:
“7. The city clerk of a
city whose population is [60,000] 10,000
or more”.
Amend sec. 8, page 11, lines 20 and 21, by deleting: “, fiscal note”.
Amend sec. 8, page 11, line 22, by deleting: “, fiscal note”.
Amend sec. 8, page 11, line 25, by deleting: “, fiscal note”.
Amend sec. 8, page 11, line 31, by deleting: “, fiscal note”.
Amend sec. 8, page 12, line 2, by deleting: “, fiscal note”.
Amend sec. 8, page 12, by deleting lines 8 through 12 and inserting:
“10. In a city whose
population is less than [60,000:] 10,000:
(a) The council may appoint committees pursuant to this section.
(b) If the council appoints committees pursuant to this section, the city clerk shall provide for rules or regulations pursuant to subsection 7.”.
Amend the title of the bill to read as follows:
“AN ACT relating to elections; requiring advisory questions to be specifically identified as such on the ballot and sample ballot; setting forth the order in which advisory questions must be listed on a ballot; restricting the entities that may submit an advisory question for appearance on a ballot for a general election or general city election; requiring that advisory questions be accompanied by a fiscal note if the particular advisory question pertains to certain topics relating to bonds, taxes, fees and expenses; setting forth the required contents of a fiscal note; requiring the Committee on Local Government Finance to prepare certain sample advisory ballot questions to demonstrate the preparation of required fiscal notes; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes to provisions governing advisory questions appearing on ballot. (BDR 24‑250)”.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 473.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 373.
Amend sec. 4, page 9, line 2, after “leased.” by inserting: “In the case of
machinery or equipment that is leased, the lessee is the taxpayer who is
eligible for an abatement.”.
Amend
sec. 5, page 10, by deleting lines 21 through 27 and inserting:
“Sec. 9. 1. This section and sections 1, 2 and 4 to 8, inclusive, of this act become effective on July 1, 2001.
2.
Sections 2 and 5 of this act expire by limitation on June 30, [2005.] 2009.
3.
Section 3 of this act becomes effective on July 1, [2005.] 2009.”.
Amend
the bill as a whole by deleting sec. 6 and renumbering sections 7 and 8 as
sections 6 and 7.
Amend
sec. 8, page 10, by deleting line 33 and inserting:
“Sec. 7.
1. This act becomes effective on July 1, 2003.
2. Sections 2 and 4 of this act expire by
limitation on June 30, 2009.”.
Amend
the bill as a whole by deleting the text of the repealed section.
Amend
the title of the bill, third line, by deleting “repealing” and inserting
“extending”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senators McGinness and Care.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 480.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 514.
Amend the bill as a whole by adding new sections designated sections 2 and 3, following section 1, to read as follows:
“Sec. 2. 1. The Commissioner of Insurance shall conduct a study to determine the potential impact of the amendment made by section 1 of this act upon premiums for liability insurance for the owner or operator of a motor vehicle.
2. In conducting the study, the Commissioner of Insurance shall:
(a) Gather information regarding any premium reductions experienced following the enactment of similar legislation in other jurisdictions in the United States and Canada.
(b) Solicit information from a variety of interested organizations including insurers, representatives of traffic and public safety, the medical community and the general public.
3. The study must include a determination by the Commissioner of Insurance regarding the possible effects of this act on insurance premiums in this state. The Commissioner shall consider the results of the study conducted pursuant to this section when reviewing, investigating or approving rates filed by insurance companies for premiums for liability insurance for the owner or operator of a motor vehicle.
4. The Commissioner of Insurance shall submit a report of the results of the study on or before September 1, 2004, to the Director of the Legislative Counsel Bureau for submission to the 73rd Session of the Nevada Legislature.
Sec. 3. 1. This section and section 2 of this act become effective on July 1, 2003.
2. Section 1 of this act becomes effective on October 1, 2003, and expires by limitation on July 1, 2007.”.
Amend the title of the bill to read as follows:
“AN ACT relating to traffic laws; temporarily repealing the provision which limits the issuance of a citation for a person’s failure to wear a safety belt in a motor vehicle to vehicles halted for other offenses; requiring the Commissioner of Insurance to study the effect of such a repeal upon insurance premiums; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Temporarily repeals provision limiting issuance of citation for failure to wear safety belt in motor vehicle to vehicles halted for other offenses. (BDR 43‑1039)”.
Senator Nolan moved the adoption of the amendment.
Remarks by Senators Nolan, Rawson, Carlton and Amodei.
Senator Amodei moved that Senate Bill No. 480 be taken from the Second Reading File and placed on the Second Reading File for the next legislative day.
Remarks by Senator Amodei.
Motion carried.
Senate Bill No. 483.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 513.
Amend sec. 7, page 5, by deleting lines 8
and 9 and inserting: “Citizen Child] issued by the Department of State [,
a] ;
(3)
A driver’s license issued by another state , [or] the District of Columbia or any territory of the United States;”.
Amend sec. 7, page 5, line 10, by deleting “(3)” and inserting “(4)”.
Amend sec. 7, page 5, line 11, by deleting “(4)” and inserting “(5)”.
Amend sec. 10, page 7, by deleting lines 41 and 42.
Amend sec. 10, page 8, line 6, by deleting “other person” and inserting: “person at least 18 years of age, but less than 65 years of age”.
Amend sec. 10, page 8, line 9, by deleting
“an” and inserting: “[an] :
(a) An”.
Amend sec. 10, page 8, line 11, by deleting
“483.420.” and inserting: “483.420 [.] ; or
(b) A renewal of an identification card for a person 65 years of age or older.”.
Amend sec. 17, page 14, by deleting lines 37 and 38 and inserting:
“(3) [Driver’s] A driver’s license issued by another
state , [or] the District of
Columbia [; or”.
Amend sec. 17, page 14, line 39, after “Passport]”
by inserting: “or any territory of the
United States;
(4)”.
Amend sec. 17, page 14, line 41, by deleting “(4)” and inserting “(5)”.
Amend sec. 19, page 16, by deleting lines 29 through 35 and inserting:
“Sec. 19. The provisions of section 4 of this act do not apply to an identification card issued by the Department of Motor Vehicles on or before September 30, 2003, except that if such an identification card is presented to the Department on or after October 1, 2003, for any transaction other than the surrender of the identification card for cancellation, the identification card shall be deemed to have been issued on the date on which it is presented to the Department and the Department shall place an expiration date on the identification card in accordance with section 4 of this act.”.
Amend the title of the bill, ninth line, before “identification” by inserting “certain”.
Senator Nolan moved the adoption of the amendment.
Remarks by Senator Nolan.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 489.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 501.
Amend section 1, page 1, between lines 8 and 9, by inserting:
“(c) Solar lighting system that reduces the consumption of electricity or natural gas, and all of its integral components.”.
Amend section 1, page 2, line 17, after
“(d)” by inserting: “ “Solar lighting
system” means a system of related components that:
(1)
Uses solar energy to provide indoor lighting; and
(2)
Is designed to work as an integral package such that the system is not complete
without one of its related components.
(e)”.
Amend section 1, page 2, line 22, by deleting “(e)” and inserting “(f)”.
Amend sec. 2, page 2, line 37, by deleting “2007.” and inserting “2005.”.
Amend sec. 3, page 2, line 41, by deleting “2007.” and inserting “2005.”.
Amend the title of the bill, third line, after “systems” by inserting: “and solar lighting systems”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 490.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 370.
Amend
section 1, page 2, line 22, by deleting “(a);”
and inserting:
“(a), if such projects were included in a
plan adopted by the board of county commissioners pursuant to subsection 6 of
NRS 377B.100 before January 1, 2003;”.
Amend
the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section
designated sec. 2, following section 1, to read as follows:
“Sec. 2.
The Board of County Commissioners of Washoe County shall submit a
report to the 73rd Session of the Nevada Legislature with regard to the
progress that has been made by the County in completing any projects described
in subparagraph (1) of paragraph (a) of subsection 2 of NRS 377B.160,
including detailed information regarding the amount of money expended from the
infrastructure fund pursuant to paragraph (c) of subsection 2 of NRS 377B.160,
as amended by section 1 of this act.”.
Amend
the title of the bill, fourth line, after “projects;” by inserting:
“requiring the Board of County Commissioners
of Washoe County to submit a progress report to the 73rd Session of the Nevada
Legislature concerning certain flood control projects;”.
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 97.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 328.
Amend the bill as a whole by deleting sections 1 through 12 and the text of repealed sections and adding new sections designated sections 1 through 13, following the enacting clause, to read as follows:
“Section 1. Chapter 41A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2.
“Dentist” means a person licensed
to practice dentistry or any special branch of dentistry pursuant to chapter
631 of NRS.
Sec.
3. “Provider of medical care” means:
1. A physician.
2. A physician assistant or osteopathic
physician’s assistant licensed under chapter 630 or 633 of NRS.
3. A licensed nurse.
4. A dispensing optician or an optometrist.
5. A registered physical therapist.
6. A podiatric physician.
7. A licensed psychologist.
8. A chiropractor.
9. A doctor of Oriental medicine.
10. A licensed medical laboratory and its
employees.
11. A facility for intermediate care and its
employees.
12. A facility for skilled nursing and its
employees.
13. A licensed hospital and its employees.
Sec.
4. 1. In an action for medical
malpractice or dental malpractice, the parties to the action shall attend and
participate in a hearing before a district judge, other than the judge assigned
to the action, to determine whether there is a reasonable probability that the
acts complained of constitute medical malpractice or dental malpractice and
that the plaintiff or person on whose behalf the action is brought was injured
thereby.
2. The judge shall consider the pleadings, the
health care records, dental records and records of a hospital or office, the
testimony of any expert witnesses and any other evidence offered at the hearing
and shall determine from that evidence whether there is a reasonable
probability that the acts complained of constitute medical malpractice or
dental malpractice and that the plaintiff or person on whose behalf the action
is brought was injured thereby.
3. The written findings of the judge must be in
substantially the following form:
(a)
Based upon a review of the evidence, I find that there is a reasonable
probability of medical malpractice or dental malpractice and that the plaintiff
(or person on whose behalf the action is brought) was injured thereby;
(b)
Based upon a review of the evidence, I find that there is no reasonable
probability of medical malpractice or dental malpractice; or
(c)
Based upon a review of the evidence, I am unable to reach a decision on the
issue of medical malpractice or dental malpractice.
4. The written findings of the judge may be
discussed and considered in a mandatory settlement conference held pursuant to
NRS 41A.081. Except as otherwise provided in this subsection, the written
findings of the judge are admissible at the trial of the action. No other
evidence concerning the hearing is admissible, and the judge who made the
findings may not be called to testify at the trial. If the judge finds that he
is unable to reach a decision on the issue of medical malpractice or dental
malpractice, the written findings of the judge are not admissible at the trial
of the action.
5. Unless the written findings of the judge are
not admissible pursuant to subsection 4, the following instruction must be
given in any action for medical malpractice or dental malpractice tried before
a jury:
During the course of this trial certain
evidence was admitted concerning the findings of a judge at a previous hearing.
You must not give those findings undue weight because they were made by a
judge, and you must not use the findings of the judge as a substitute for your
independent judgment. You must weigh all the evidence that was presented at
trial and arrive at a conclusion based upon your own determination of the case.
6. As used in this section, “health care
records” means any written reports, notes, orders, photographs, X rays or other
written record received or produced by a provider of medical care, or any
person employed by him, which contains information relating to the medical
history, examination, diagnosis or treatment of the patient.
Sec. 5. NRS 41A.003 is hereby amended to read as follows:
41A.003 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 41A.004 to 41A.013, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 41A.009 is hereby amended to read as follows:
41A.009
“Medical malpractice” means the failure of a [physician, hospital or
employee of a hospital,] provider of
medical care in rendering services, to use the reasonable care, skill or
knowledge ordinarily used under similar circumstances.
Sec. 7. NRS 41A.031 is hereby amended to read as follows:
41A.031 1. Except as otherwise provided in subsection 2 and except as further limited in subsection 3, in an action for damages for medical malpractice or dental malpractice, the noneconomic damages awarded to each plaintiff from each defendant must not exceed $350,000.
2.
In an action for damages for medical malpractice or dental malpractice,
the limitation on noneconomic damages set forth in subsection 1 does not apply
in [the following circumstances and types of cases:
(a) A case in which the conduct of the
defendant is determined to constitute gross malpractice; or
(b) A] a case in which, following return of a verdict by the jury or a
finding of damages in a bench trial, the court determines, by clear and
convincing evidence admitted at trial, that an award in excess of $350,000 for
noneconomic damages is justified because of exceptional circumstances.
3.
Except as otherwise provided in subsection 4, in [an action] all actions for damages for medical
malpractice or dental malpractice [, in the circumstances and types of cases
described in subsections 1 and 2, the] :
(a)
The noneconomic damages awarded to each plaintiff from each defendant must
not exceed the amount of money remaining under the professional liability
insurance policy limit covering the defendant after subtracting the economic
damages awarded to that plaintiff [.] ; and
(b) Irrespective of the number of plaintiffs in the action, in no event may any single defendant be liable to the plaintiffs in the aggregate in excess of the professional liability insurance policy limit covering that defendant.
4. The limitation set forth in subsection 3 does not apply in an action for damages for medical malpractice or dental malpractice unless the defendant was covered by professional liability insurance at the time of the occurrence of the alleged malpractice and on the date on which the insurer receives notice of the claim, in an amount of:
(a) Not less than $1,000,000 per occurrence; and
(b) Not less than $3,000,000 in the aggregate.
5. This section is not intended to limit the responsibility of any defendant for the total economic damages awarded.
[6.
For the purposes of this section, “gross malpractice” means failure to
exercise the required degree of care, skill or knowledge that amounts to:
(a) A conscious indifference to the
consequences which may result from the gross malpractice; and
(b) A disregard for and indifference to
the safety and welfare of the patient.]
Sec. 8. NRS 41A.041 is hereby amended to read as follows:
41A.041
[1.] In an action for
damages for medical malpractice [,] or
dental malpractice, each defendant is liable for noneconomic damages
severally only, and not jointly, to the plaintiff only for that portion of the
judgment which represents the percentage of negligence attributable to the
defendant.
[2.
As used in this section, “medical malpractice” means the failure of a
physician, hospital, employee of a hospital, certified nurse midwife or
certified registered nurse anesthetist in rendering services to use the
reasonable care, skill or knowledge ordinarily used under similar
circumstances.]
Sec. 9. NRS 41A.097 is hereby amended to read as follows:
41A.097
1. Except as otherwise provided
in subsection 3, an action for injury or death against a provider of [health]
medical care or dentist may not be commenced more than 4 years after the date of
injury or 2 years after the plaintiff discovers or through the use of
reasonable diligence should have discovered the injury, whichever occurs first,
for:
(a) Injury to or the wrongful death of a
person occurring before October 1, 2002, based upon alleged professional
negligence of the provider of [health care;] medical care or dentist;
(b) Injury to or the wrongful death of a person occurring before October 1, 2002, from professional services rendered without consent; or
(c) Injury to or the wrongful death of a
person occurring before October 1, 2002, from error or omission in practice by
the provider of [health care.]
medical care or dentist.
2. Except
as otherwise provided in subsection 3, an action for injury or death against a
provider of [health] medical care
or dentist may not be commenced more
than 3 years after the date of injury or 2 years after the plaintiff discovers
or through the use of reasonable diligence should have discovered the injury,
whichever occurs first, for:
(a) Injury to or the wrongful death of a
person occurring on or after October 1, 2002, based upon alleged professional
negligence of the provider of [health care;] medical care or dentist;
(b) Injury to or the wrongful death of a person occurring on or after October 1, 2002, from professional services rendered without consent; or
(c) Injury to or the wrongful death of a
person occurring on or after October 1, 2002, from error or omission in
practice by the provider of [health care.] medical care or dentist.
3.
This time limitation is tolled for any period during which the provider
of [health] medical care or dentist has concealed any act, error
or omission upon which the action is based and which is known or through the
use of reasonable diligence should have been known to him.
4.
For the purposes of this section, the parent, guardian or legal
custodian of any minor child is responsible for exercising reasonable judgment
in determining whether to prosecute any cause of action limited by subsection 1
or 2. If the parent, guardian or custodian fails to commence an action on
behalf of that child within the prescribed period of limitations, the child may
not bring an action based on the same alleged injury against any provider of [health]
medical care or dentist upon the removal of his disability, except that in the
case of:
(a) Brain damage or birth defect, the period of limitation is extended until the child attains 10 years of age.
(b) Sterility, the period of limitation is extended until 2 years after the child discovers the injury.
[5.
As used in this section, “provider of health care” means a physician
licensed under chapter 630 or 633 of NRS, a dentist, registered nurse,
dispensing optician, optometrist, registered physical therapist, podiatric
physician, licensed psychologist, chiropractor, doctor of Oriental medicine,
medical laboratory director or technician, or a licensed hospital as the
employer of any such person.]
Sec. 10. NRS 41A.100 is hereby amended to read as follows:
41A.100 1. Liability for personal injury or death is not imposed upon any provider of medical care or dentist based on alleged negligence in the performance of that care unless evidence consisting of expert medical testimony, material from recognized medical texts or treatises or the regulations of the licensed medical facility wherein the alleged negligence occurred is presented to demonstrate the alleged deviation from the accepted standard of care in the specific circumstances of the case and to prove causation of the alleged personal injury or death, except that such evidence is not required and a rebuttable presumption that the personal injury or death was caused by negligence arises where evidence is presented that the personal injury or death occurred in any one or more of the following circumstances:
(a) A foreign substance other than medication or a prosthetic device was unintentionally left within the body of a patient following surgery;
(b) An explosion or fire originating in a substance used in treatment occurred in the course of treatment;
(c) An unintended burn caused by heat, radiation or chemicals was suffered in the course of medical care;
(d) An injury was suffered during the course of treatment to a part of the body not directly involved in the treatment or proximate thereto; or
(e) A surgical procedure was performed on the wrong patient or the wrong organ, limb or part of a patient’s body.
2. Expert medical testimony provided pursuant to subsection 1 may only be given by a provider of medical care or dentist who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged negligence.
[3.
As used in this section, “provider of medical care” means a physician,
dentist, registered nurse or a licensed hospital as the employer of any such
person.]
Sec.
11. Chapter 690B of NRS is
hereby amended by adding thereto a new section to read as follows:
1. A provider who is insured by a policy of
malpractice insurance is entitled to a benefit penalty that must be paid to the
provider by the insurer that issued the policy if:
(a) An
action for malpractice is brought against the provider in the district court;
(b)
The plaintiff in the action makes a settlement offer that is within the limits
of coverage under the policy;
(c)
The insurer, in contravention of the express instructions of the provider,
unreasonably rejects the settlement offer in light of all the surrounding facts
and circumstances; and
(d)
The district court enters a judgment in favor of the plaintiff that imposes
liability on the provider for damages in an amount that exceeds the limits of
coverage under the policy and the judgment of the district court becomes final
and binding on the parties.
2. To collect the benefit penalty, the provider
must file with the Commissioner a claim for the benefit penalty not later than
1 year after the judgment of the district court becomes final and binding on
the parties.
3. If the provider files a claim for a benefit
penalty, the Commissioner shall:
(a)
Provide the insurer with notice of the claim; and
(b)
Hold a hearing on the claim.
4. At the hearing on the claim, if the provider
presents evidence that the judgment of the district court imposes liability on
the provider for damages in an amount that exceeds the limits of coverage under
the policy and that the insurer rejected the settlement offer in contravention
of the express instructions of the provider, there is a rebuttable presumption
that the insurer unreasonably rejected the settlement offer. To rebut this
presumption, the insurer must present clear and convincing evidence that its
decision to reject the settlement offer was reasonable in light of all the
surrounding facts and circumstances.
5. If the Commissioner finds that the provider
is entitled to a benefit penalty pursuant to this section, the Commissioner
shall order the insurer to pay to the provider:
(a)
The benefit penalty in an amount equal to the difference between the damages
for which the provider is liable under the judgment of the district court and
the limits of coverage under the policy, except that the benefit penalty may
not exceed $150,000; and
(b)
Reasonable attorney’s fees and costs incurred by the provider to bring and
prosecute the claim for the benefit penalty.
6. For the purposes of this section, a judgment
of the district court becomes final and binding on the parties when all rights
to appeal the judgment have been exhausted or waived by the parties.
7. The provisions of this section do not create
an exclusive remedy and do not abrogate or limit any other action or remedy
that is available to a provider pursuant to any other statute or the common
law.
8. If the Commissioner orders an insurer to pay
a benefit penalty pursuant to this section, no insurer doing business in this
state may use the judgment of the district court that imposes liability on the
provider or the benefit penalty as a factor, criteria or component in:
(a)
Determining whether to issue a policy of malpractice insurance to the provider;
(b)
Making any underwriting decision concerning the provider with regard to a
policy of malpractice insurance, including, without limitation, determining the
risk associated with issuing a policy of malpractice insurance to the provider;
or
(c)
Calculating the amount of any premium for a policy of malpractice insurance
that is issued to the provider.
9. If the Commissioner orders an insurer to pay
a benefit penalty pursuant to this section:
(a)
The benefit penalty is not a loss, an expense or a cost of service for the
insurer;
(b)
The insurer shall not include any portion of the benefit penalty in any
application for a rate adjustment or rate increase; and
(c)
The Commissioner shall not allow the insurer to recover any portion of the
benefit penalty from its policyholders.
10. If the Commissioner orders an insurer to pay
a benefit penalty pursuant to this section on two or more occasions within a
period of 3 years, the Commissioner shall hold a hearing pursuant to chapter
680A of NRS to determine whether to suspend, limit or revoke the insurer’s
certificate of authority. At the hearing, the imposition of the benefit
penalties pursuant to this section shall be deemed to be sufficient grounds,
standing alone, for the Commissioner to exercise the power to suspend, limit or
revoke the insurer’s certificate of authority pursuant to chapter 680A of NRS.
11. As used in this section:
(a) “Action for malpractice”
means an action for malpractice that is subject to the provisions of chapter
41A of NRS.
(b)
“Policy of malpractice insurance” means a policy of insurance covering the
liability of a provider in an action for malpractice.
(c)
“Provider” means a dentist, as defined in section 2 of this act, or a provider
of medical care, as defined in section 3 of this act.
Sec. 12. The amendatory provisions of this act do not apply to a cause of action that accrues before October 1, 2003.
Sec. 13. If the Initiative Petition which is commonly known as “Keep Our Doctors in Nevada” is approved by a majority of the voters voting on the question at the general election held in 2004, then the provisions of this act expire by limitation on the date that the Initiative Petition becomes law and takes effect pursuant to Section 2 of Article 19 of the Nevada Constitution.”.
Amend the bill as a whole by deleting the preamble.
Amend the title of the bill to read as follows:
“AN ACT relating to malpractice; revising the applicability of certain provisions pertaining to medical malpractice and dental malpractice with respect to certain providers of health care; requiring that in an action involving medical malpractice or dental malpractice, a district judge, other than the judge assigned to the action, must conduct a hearing and determine whether malpractice occurred; revising the provisions governing the limitation on the award of noneconomic damages in an action involving medical malpractice or dental malpractice; authorizing certain providers of health care to recover benefit penalties from insurers that unreasonably reject certain settlement offers in actions for malpractice; and providing other matters properly relating thereto.”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senators Amodei, Neal, Nolan, Titus, Care and O'Connell.
Senator Care requested that the following remarks be entered in the Journal.
Senator Amodei:
Thank you, Madam President. During the 18th Special
Session, we came together in reaction to a medical crisis in this State. It was
particularly acute in southern Nevada. As a Committee of the Whole, we produced
A.B. No. 1 of the 18th Special Session. This amendment is an attempt to improve
on A.B. No. 1. Speaking as one member of the committee, that was a tall order.
In the 18th Special Session, we focused on just this one issue. Amendment No.
328 seeks to provide a more meaningful screening process at the beginning of
any medical malpractice action. We have asked that process be presided over by
a district court judge. The amendment seeks to add additional groups and
entities to the purview of A.B. No. 1. It deletes what is in the bill books as
Senate Bill No. 97, which is the result of work by groups in southern Nevada.
What this bill gives you is a choice between MICRA, that is Senate Bill No. 97,
and A.B. No. 1 of the 18th Special Session.
There
are several issues to discuss. We need stability in terms of a hard cap on
prices. A.B. No. 1 of the 18th Special Session brought stability. A passage
from A.B. No. 1, section 5.3 reads: “Non-economic damages awarded to each
plaintiff from each defendant must not exceed the amount of money remaining
under the professional liability insurance policy limit covering the defendant
after subtracting the economic damages awarded to that plaintiff irrespective
of the number of plaintiffs in the action. In no event, may any single
defendant be liable to the plaintiffs in the aggregate in excess of the
professional liability insurance policy covering that defendant.”
That
language formed the basis of a seven-page legal opinion from our Legislative
Counsel indicating to the committee that we had, in A.B. No. 1 of the 18th
Special Session, established a hard-cap limit of $1 million per defendant, per
plaintiff for purposes of non-economic damages. Senate Bill No. 97, if this
amendment fails, imposes a limit of $350,000 per event with no exceptions for
exceptional circumstances and no exceptions for gross negligence.
I
have a quote made by Senator Raggio, July 30, 2002, during the 18th Special
Session. It is: “The reason I am suggesting the exceptions is that we have
heard enough evidence that it is a safety valve. That type of language would be
a defense to a constitutional challenge. If we just pass a generic cap of
$350,000, with the chances, likely, that it will be ruled unconstitutional, we
will have achieved nothing.”
The
Nevada Supreme Court had the Legislative Counsel Bureau conduct some research
and has never held a per-event cap constitutional. I want to point out that
California enacted MICRA in 1973 and 1974. Court challenges were not resolved
until 1983 and 1984. Testimony before the committee indicated that what is
being looked for is stability and predictability. What a California court did
30 years ago is of little or no value to anyone in Nevada three decades later.
Please remember, Initiative Petition No. 1 is going on the November ballot in
2004. It is also Senate Bill No. 97. I hope we are not opening up a decade of
uncertainty filled with court battles.
We
talked about joint and several liability. In A.B. No. 1 of the 18th Special
Session, we mirrored the provisions of MICRA. In Senate Bill No. 97, we go
beyond that. It provides for several liability for both economic and
non-economic damages. Testimony before the committee indicated this provision
might result in physicians being exposed to collection actions for the whole
amount of the judgment as opposed to what is allowed under A.B. No. 1 of the
18th Special Session joint and several provisions.
Senate
Bill No. 97 has a provision that limits attorney’s fees in these cases. As a
member of a bar, I know I will be subject to criticism for acting like just any
other lawyer, but since I am not involved in this type of practice and would be
subject to legal malpractice if I should, I will give my opinion of the
testimony.
The
testimony before the committee indicated the attorney-fee provision in this
bill had nothing to do with malpractice insurance premium rates in any other
state. If we pass this bill, we will have set in motion a policy in respect to
one profession in response to an issue in which uncontradicted testimony before
the committee is that it has no effect. What precedent are we setting for
future professions in this context?
This
is a difficult issue. I respect my colleagues, who have brought this forward.
In committee, it was indicated there were only six states in the Nation who
were not heading for trouble or who were not already in trouble in regards to
this issue. This is not specific to Nevada nor is it specific to one section of
Nevada. It is a nationwide issue.
The committee tried to improve on A.B. No. 1 of the18th Special
Session. This amendment bears little resemblance to Senate Bill No. 97. The
Legislature did good work in the special session in regard to this issue. It
was not what California did 30 years before, but it was a strong bill. We
worked on it as a Committee of the Whole, and I felt it was good. It should not
be repealed or repudiated 180 days later or 270 days later. I urge your
adoption of the amendment and the continuation of the work done nine months ago
on A.B. No. 1 of the 18th Special Session.
Senator Neal:
We are dealing with a tripod issue. It consists of
lawyers, doctors and the insurance companies. We are dealing with malpractice
as it relates to the lawyers and the doctors. What are we doing in this
amendment to curtail a rise in insurance premiums?
Senator Amodei:
Thank you, Madam President. That is a good question
from my colleague from District 4. The answer is two-part. Insurance matters
under Senate Rule No. 40 are reserved exclusively for the Committee on Commerce
and Labor. This is why I believe the Minority Leader had a bill that went
through the Committee on Commerce and Labor. Senate Bill No. 250 is coming out
of Commerce and Labor tomorrow. We enacted A.B. No.1 during the the18th Special
Session, but we did not deal specifically with insurance companies because the
committee’s jurisdiction under Standing Rule No. 40 does not allow the
committee to consider insurance matters. We endeavored to stay within the
jurisdiction of that rule.
Senator Neal:
I appreciate the legal argument the Senator has
given, but I do not think we are going to cure this problem unless we involve
the insurance companies in some way. When we were here during the 18th Special
Session, the insurance companies stood on the sidelines and allowed the doctors
and lawyers to do what they wanted because the insurance companies did not care
what others did. They knew they could still raise the premiums. Unless we can
cut those premiums, we are still going to have problems. I do not see that this
amendment will cure the problem.
Senator Nolan:
Thank you, Madam President. I rise in opposition to
this amendment. I voted for it in committee in an effort to assure the bill
moved to the Senate floor because I was uncertain as to what would happen to it
in committee if we did not apply the amendment. There were a number of
proposals presented as we went through the week of testimony on this bill not
embodied in this amendment. There was not a detailed discussion by the
committee of the judicial review portion of this amendment. There was no
consensus on that issue. There was a great deal of discussion about reembodying
the medical review panel. That proposal did not find its way into the
amendment. This issue is an issue of perception. It is the perception of the
physicians and the insurance companies. Unlike legislation we traditionally
pass, we cannot compel insurers to write insurance in Nevada. We can only open
the gate and hope the horse comes in. I do not feel this amendment will help us
do that. With due respect, it does not provide the stability indicated by the
committee chairman. The reality is, we have a medical crisis in Nevada, and it
will have a profound effect on the quality of life of all of our citizens. We
have a nursing shortage in southern Nevada. We have emergency rooms closing. We
have physicians leaving our State. We have insurance premiums on the increase.
We have one opportunity during the next two years to try to correct this
problem, or we will be back here with an even more significant problem.
I ask this amendment be defeated because it does not reflect what
we need to do in this body.
Senator Titus:
Thank
you, Madam President. I will go back to the question asked earlier, by my
colleague from North Las Vegas, which ties into what was said about the
insurance rates. This is important to me and to other members of the committee.
This bill provides certainty and stability.
The State’s medical malpractice was subsidized, to provide
insurance during the crisis period for doctors. Robert Byrd runs the state
insurance program for doctors. He commented that A.B. No. 1 was working.
He testified before our committee that since A.B. No. 1 has been in place they
have seen rates stabilize. Mr. Byrd indicated they are anticipating the rates
will drop. He is the number one insurance expert in this State. I do not know
where people are getting the idea that it is not going to work, and we are
still in a crisis. The evidence is showing that it is working.
Senator Amodei:
Thank you, Madam President. To my colleague from
District 9, look at the amendment of the medical screening panel language that
was repealed. It is now run by a district court judge. There is an inference
that this was done in some way other than through the result of a hearing
process in front of the committee. I respectfully dissent.
Finally, I understand there is a crisis, but the committee received
no new evidence to indicate that the crisis has multiplied or changed in nature
since the enactment of A.B. No. 1. We are 270 days down the road; none of
the facts has changed. What you are doing in addition to adding this to the
ballot, if you pass Senate Bill No. 97, is that you are repudiating your work
during the special session on A.B. No. 1. I would not mean to suggest what the
reasons are for that because A.B. No. 1 was good work.
Senator Care:
Thank you, Madam President. Obviously, if the
amendment goes down, then we will be left with the bill by itself. I would
suggest if that happens, then, we need another amendment to refund the
taxpayers $200,000 for the expense of the charade of the 18th Special Session.
I am
inclined to agree with the chairman of Judiciary. The law went into effect
October 1, 2002, and everyone understood we were going to have to have time for
it to work. There was no testimony on section 1 that limits the attorney fees.
I will make the same disclosure. I do not do medical malpractice nor do I do
work on contingency.
If
the amendment does not pass, and the bill is enacted, we will have
government-imposed wage and price controls in the free market for the first
time. If you need an attorney, you have the right to go to an attorney and ask
him what he is going to charge. If you do not like it, you can get another
attorney. I cannot think of another instance where this body has ever dared to
impose wage and price controls where there are no taxpayer dollars involved. I
would like one of the opponents of this amendment to stand up and tell me where
that happens. It happens in insurance where the law has always recognized it as
a special relationship between the insurer and insured. The State does have to
get involved. The doctors, themselves, even testified, in four or five
hearings, on Senate Bill No. 97 that section 1 would have no affect on the
number of lawsuits. Keeping the fees low enough might keep an attorney from
taking your case. That would certainly discourage your additional fillings of
lawsuits.
It is
ironic that the testimony indicated this is a consumer provision to protect the
people who get the judgments and to prevent the attorneys from taking too much
of the judgments. Doctors are saying, we want to protect the people who sued us
and won. That does not make any sense at all. I suppose that if you really
wanted to protect them, you would not have caps in the first place.
If we
are going to vote on Senate Bill No. 97, I would like for someone opposed to
the amendment to tell me the legal distinction contained in section 1,
subsection 4, paragraph(a), between the approximate cause and what is stated in
A.B. No. 1 as an approximate cause. It is a significant issue that has to be
discussed. I would like someone to address the legal significance in
section 9, where it says the defendant can elect to have payments over
scheduled payments. I do not know of any other field of law where the defendant
can make that choice.
I am
hoping that someone opposed to this amendment will put that on the record
because I have to tell you that legislative intent is going to be an important
part of what we do here, today and tomorrow. I noticed the $250,000 cap has no
increase for the consumer price index. Every session we always spike up the
homestead exemption, but we are not going to do it here, and they have not done
it in California. Ten years down the road, $250,000 might be worth $100,000.
Why do we not have a CPI adjustment in Senate Bill No. 97? I
would like someone to get that on the record. Out of 63 Legislators, there was
a single Legislator in the special session who said, “Do not get rid of the
screening panel.” I am not bragging, but it was I, and no one wanted to listen.
Why is there no effort to bring it back in Senate Bill No. 97? Why was everyone
in such a hurry to get rid of the screening panel? In our amendment, a judge
will sit on a screening panel. It is the same difference, but apparently,
everyone is opposed to bringing back the screening panel. I think it was
working all along. I would like some of the answers to my questions. I can take
them today or tomorrow.
Senator O'Connell:
Madam President, I understand the committee took
testimony about the state insurance company. I heard one doctor that is covered
by the state malpractice insurance just had his rates raised by $50,000. Did
the committee hear anything about the rate schedule from Robert Byrd?
Senator Amodei:
We had testimony from Robert Byrd regarding his
views of A.B. No. 1 of the 18th Special Session. We did not hear any testimony
on specific instances of premium increases. The testimony before the committee
indicated that based on the pool of physicians in this State, and since we are
a small state with a little over 2 million people, we have a corresponding
number of physicians. With a pool that size, if there are claims, that pool
must live within the jurisdictions of its state. We cannot be combined with
California or Utah. Each state consists of a pool on its own based upon its own
laws. Any time you have a catastrophic loss in a pool of that size, there are
not as many people to spread the costs amongst. When Mr. Byrd testified he
indicated their rates were reflective of the risk histories of the individuals
being insured. They are making every attempt to make certain those with
favorable claims' histories were rated accordingly and those with a poor
history were rated accordingly. That is the general practice in the insurance
industry nationwide.
Senators Townsend, Cegavske and Hardy requested a roll call vote on Senator Amodei's motion.
Roll call on Senator Amodei's motion:
Yeas—10.
Nays—Cegavske, Hardy, McGinness, Nolan, O'Connell,
Raggio, Rawson, Rhoads, Shaffer, Tiffany, Townsend—11.
The motion having failed to receive a majority, Madam President declared it lost.
Bill ordered to third reading.
GENERAL FILE AND THIRD
READING
Senate Bill No. 144.
Bill read third time.
Roll call on Senate Bill No. 144:
Yeas—21.
Nays—None.
Senate Bill No. 144 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Ryan McGinness.
On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Shammy McLain.
On request of President Hunt, the privilege of the floor of the Senate Chamber for this day was extended to Charles “Blackie” Hunt.
Senator Raggio moved that the Senate adjourn until Tuesday, April 22, 2003, at 10 a.m.
Motion carried.
Senate adjourned at 6:53 p.m.
Approved: Lorraine
T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate