THE ONE HUNDRED AND NINETEENTH DAY

                               

 

Carson City (Sunday), June 1, 2003

 

    Assembly called to order at 11:16 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Assemblyman Richard Perkins.

    What are always the toughest days of the Legislative Session, we oftentimes worry about license plates and other things. We’re sometimes not as nice to each other as we should be. I’m going to borrow a prayer that was given to this House in 1997:

    We pray for children

    who put chocolate fingers everywhere,

    who like to be tickled,

    who stomp in puddles and ruin their new pants,

    who sneak Popsicles before supper,

    who erase holes in math workbooks,

    who can never find their shoes.

    And we pray for those

    who stare at photographers from behind barbed wire,

    who can’t bound down the street in a new pair of sneakers,

    who never “counted potatoes,”

    who are born in places we wouldn’t be caught dead,

    who never go to the circus and who live in an X-rated world.

    We pray for children

    who bring us sticky kisses and fistfuls of dandelions,

    who sleep with the dog and bury the goldfish,

    who hug us in a hurry and forget their lunch money,

    who cover themselves with Band-aids and sing off key,

    who squeeze toothpaste all over the sink and who slurp their soup.

    And we pray for those

    who never get dessert,

    who have no safe blanket to drag behind them,

    who watch their parents watch them die,

    who can’t find any bread to steal,

    who don’t have any rooms to clean up,

    whose pictures aren’t on anybody’s dresser,

    whose monsters are real.

    We pray for children

    who spend all their allowance before Tuesday,

    who throw tantrums in the grocery store and pick at their food,

    who like ghost stories,

    who shove dirty clothes under the bed and never rinse out the tub,

    who get visits from the tooth fairy,

    who don’t like to be kissed in front of the carpool,

    who squirm in church or temple and scream in the phone,

    whose tears we sometimes laugh at and whose smiles can make us cry.

    We pray for those

    whose nightmares come in the daytime,

    who will eat anything,

    who have never seen a dentist,

    who aren’t spoiled by anybody,

    who go to bed hungry and cry themselves to sleep,

    who live and move, but have no being.

    We pray for children who want to be carried and

    for those who must,

    for those we never give up on and for those

    who don’t get a second chance.

    For those we smother and for those who will grab the hand of anybody kind enough to offer               it.

Amen.

    Pledge of Allegiance to the Flag.

    Assemblyman Oceguera moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.

    Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Judiciary, to which was referred Assembly Bill No. 552, has had the same under consideration, and begs leave to report the same back with the recommendation:
Do pass.

Bernie Anderson, Chairman

Mr. Speaker:

    Your Committee on Ways and Means, to which was referred Assembly Bill No. 551, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Ways and Means:

    Assembly Bill No. 553—AN ACT relating to state financial administration; making appropriations from the State General Fund and the State Highway Fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2004, and ending June 30, 2005; providing for the use of the money so appropriated; making various other changes relating to the financial administration of the State; and providing other matters properly relating thereto.


    Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 11:22 a.m.

ASSEMBLY IN SESSION

    At 11:39 a.m.

    Mr. Speaker presiding.

    Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 460, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

general file and third reading

    Assembly Bill No. 460.

    Bill read third time.

    The following amendment was proposed by the Committee on
Ways and Means:

    Amendment No. 981.

    Amend the bill as a whole by deleting sec. 8 and adding:

    “Sec. 8.  (Deleted by amendment.)”.

    Amend the bill as a whole by deleting sections 10 through 37 and adding:

    “Secs. 10-37.  (Deleted by amendment.)”.

    Amend the bill as a whole by deleting sections 59 through 79 and adding:

    “Secs. 59-79.  (Deleted by amendment.)”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to tobacco; making various changes relating to the sale of tobacco products to and the purchase of those products by minors; making various changes regarding the sale, delivery and taxation of cigarettes; revising the duties and rights of manufacturers and distributors of cigarettes;  revising the duties of the Department of Taxation; providing civil and criminal penalties; and providing other matters properly relating thereto.”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

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


UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The second Conference Committee concerning Assembly Bill No. 218, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA36, which is attached to and hereby made a part of this report.

Vonne Chowning

Barbara Cegavske

Bob McCleary

Ann O’Connell

Garn Mabey

Terry Care

Assembly Conference Committee

Senate Conference Committee

    Conference Amendment No. CA36

    Amend section 1, page 1, by deleting line 7 and inserting: “teachers and other educational personnel and support personnel who are employed at the school, and the parents and guardians of pupils who are enrolled in the school.”.

    Amend section 1, page 2, line 1, after “2.” by inserting: “On or before October 1 of each year, the principal of each public school shall:

    (a) Review the plan in consultation with the teachers and other educational personnel and support personnel who are employed at the school;

    (b) Based upon the review, make revisions to the plan, as recommended by the teachers and other educational personnel and support personnel, if necessary; and

    (c) Post a copy of the plan or the revised plan, as applicable, in a prominent place at the school for public inspection and otherwise make the plan available for public inspection at the administrative office of the school.

    3.”.

    Amend section 1, page 2, line 12, by deleting “3.” and inserting “4.”.

    Amend section 1, page 2, line 15, by deleting “2” and inserting “3”.

    Amend section 1, page 2, line 18, by deleting “4.” and inserting “5.”.

    Amend the title of the bill, first line, after “education;” by inserting: “revising provisions governing the plan required of each public school for the progressive discipline of pupils and on-site review of disciplinary decisions;”.

    Assemblywoman Chowning moved that the Assembly adopt the report of the second Conference Committee concerning Assembly Bill No. 218.

    Remarks by Assemblywoman Chowning.

    Motion carried by a constitutional majority.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that for the balance of the session, that all rules be suspended, reading so far had considered second reading, rules further suspended, all bills and joint resolutions reported out of committee without amendments declared an emergency measure under the Constitution and placed on third reading and final passage.

    Remarks by Assemblywoman Buckley.

    Motion carried unanimously.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 11:50 a.m.

ASSEMBLY IN SESSION

    At 5:33 p.m.

    Mr. Speaker presiding.

    Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Ways and Means, to which were referred Senate Bills Nos. 49, 51, 498, 501, 503, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Ways and Means, to which was referred Senate Bill No. 233, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Ways and Means, to which was re-referred Senate Bill No. 446, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Ways and Means, to which was referred Senate Bill No. 496, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

Mr. Speaker:

    Your Concurrent Committee on Ways and Means, to which was referred Senate Bill No. 200, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 1, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 533, Amendment No. 963, and respectfully requests your honorable body to concur in said amendment.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 249, Senate Amendment No. 934, and requests a conference, and appointed Senators Rawson, Mathews, and Coffin as a first Conference Committee to meet with a like committee of the Assembly.

    Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 184.

    Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 935 to Senate Bill No. 420; Assembly Amendment No. 749 to Senate Bill No. 460.

    Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Cegavske, Titus, and Rawson as a first Conference Committee concerning Senate Bill No. 137.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bills Nos. 55, 114, 388, 398, 444; Senate Bills Nos. 46, 229, 231, 359, 451.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 184.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 496.

    Bill read second time.

    The following amendment was proposed by the Committee on
Ways and Means:

    Amendment No. 976.

    Amend the bill as a whole by deleting sections 1 through 4 and adding new sections designated sections 1 through 7 and the text of repealed sections, following the enacting clause, to read as follows:

    “Section 1.  NRS 231.141 is hereby amended to read as follows:

    231.141  As used in NRS 231.141 to 231.152, inclusive, unless the context otherwise requires, the words and terms defined in NRS 231.142 [to 231.146, inclusive,] , 231.143 and 231.146 have the meanings ascribed to them in those sections.

    Sec. 2.  NRS 231.147 is hereby amended to read as follows:

    231.147  1.  A person who operates a business or will operate a business in this state may apply to the Commission for approval of a program. The application must be submitted on a form prescribed by the Commission.

    2.  Each application must include:

    (a) The name, address and telephone number of the business;

    (b) The number and types of jobs for the business that are available or will be available upon completion of the program;

    (c) A statement of the objectives of the proposed program;

    (d) The estimated cost for each person enrolled in the program; and

    (e) A statement signed by the applicant certifying that, if the program set forth in the application is approved and money is granted by the [Director] Commission to a community college for the program, each employee who completes the program:

        (1) Will be employed in a full-time and permanent position in the business; and

        (2) While employed in that position, will be paid not less than
80 percent of the lesser of the average industrial hourly wage in:

            (I) This state; or

            (II) The county in which the business is located, as determined by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

    3.  Upon request, the Commission may assist an applicant in completing an application pursuant to the provisions of this section.

    4.  Except as otherwise provided in subsection 5, the Commission shall approve or deny each application at the next regularly scheduled meeting of the Commission. When considering an application, the Commission shall give priority to a business that:

    (a) Provides high-skill and high-wage jobs to residents of this state; and

    (b) To the greatest extent practicable, uses materials for the business that are produced or bought in this state.

    5.  Before approving an application, the Commission shall establish the amount of matching money that the applicant must provide for the program. The amount established by the Commission for that applicant must not be less than 25 percent of the amount the Commission approves for the program.

    6.  If the Commission approves an application, it shall notify the applicant, in writing, within 10 days after the application is approved.

    7.  If the Commission denies an application, it shall, within 10 days after the application is denied, notify the applicant in writing. The notice must include the reason for denying the application.

    Sec. 3.  NRS 231.149 is hereby amended to read as follows:

    231.149  1.  The [Director] Commission may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of NRS 231.141 to 231.152, inclusive.

    2.  Any money the [Director] Commission receives pursuant to
subsection 1 must be deposited in the State Treasury pursuant to
NRS 231.151.

    Sec. 4.  NRS 231.151 is hereby amended to read as follows:

    231.151  1.  Any money the [Director] Commission receives pursuant to NRS 231.149 or that is appropriated to carry out the provisions of
NRS 231.141 to 231.152, inclusive:

    (a) Must be deposited in the State Treasury and accounted for separately in the State General Fund; and

    (b) May only be used to carry out those provisions . [; and

    (c) Does not revert to the State General Fund at the end of any fiscal year.]

    2.  Except as otherwise provided in subsection 3, the balance remaining in the account that has not been committed for expenditure on or before
June 30 of a fiscal year reverts to the State General Fund.

    3.  In calculating the uncommitted remaining balance in the account at the end of a fiscal year, any money in the account that is attributable to a gift, grant, donation or contribution:

    (a) To the extent not inconsistent with a term of the gift, grant, donation or contribution, shall be deemed to have been committed for expenditure before any money that is attributable to a legislative appropriation; and

    (b) Must be excluded from the calculation of the uncommitted remaining balance in the account at the end of the fiscal year if necessary to comply with a term of the gift, grant, donation or contribution.

    4.  The [Director] Commission shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.

    Sec. 5.  NRS 231.152 is hereby amended to read as follows:

    231.152  [1.  Except as otherwise provided in subsection 2, the Director may adopt such regulations as are necessary to carry out the provisions of NRS 231.141 to 231.152, inclusive.

    2.]  The Commission may adopt such regulations as are necessary to carry out the provisions of NRS 231.147 . [and 231.148.]

    Sec. 6.  NRS 231.144, 231.145 and 231.148 are hereby repealed.

    Sec. 7.  This act becomes effective on July 1, 2003.

TEXT OF REPEALED SECTIONS

    231.144  “Department” defined.  “Department” means the Department of Employment, Training and Rehabilitation.

    231.145  “Director” defined.  “Director” means the Director of the Department.

    231.148  Grants to Commission by Director; notification.

    1.  Except as otherwise provided in subsection 2, the Director may grant an amount not to exceed $500,000 per fiscal year to the Commission to pay for programs that the Commission approves pursuant to NRS 231.147.

    2.  If the Commission expends the amount granted pursuant to subsection 1 before the end of the fiscal year, the Commission may request that the Director grant additional money to pay for programs that the Commission approves pursuant to NRS 231.147.

    3.  Upon receipt of a request for additional money pursuant to subsection 2, the Director shall decide whether to grant the additional money and shall send written notice of his decision to the Commission in a timely manner.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to economic development; revising various provisions governing certain training programs for employees of businesses; providing for the reversion to the State General Fund of certain money administered by the Commission on Economic Development to carry out such training programs; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Revises various provisions governing certain training programs for employees of businesses. (BDR 18‑1348)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 5:37 p.m.

ASSEMBLY IN SESSION

    At 5:46 p.m.

    Mr. Speaker presiding.

    Quorum present.

UNFINISHED BUSINESS

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Giunchigliani, Pierce, and Goicoechea as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 249.

general file and third reading

    Senate Bill No. 216.

    Bill read third time.

    Roll call on Senate Bill No. 216:

    Yeas—41.

    Nays—Collins.

    Senate Bill No. 216 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Oceguera moved that Senate Bill No. 258 be taken from the General File and placed on the General File for the next legislative day.

    Motion carried.

general file and third reading

    Senate Bill No. 502.

    Bill read third time.

    Roll call on Senate Bill No. 502:

    Yeas—42.

    Nays—None.

    Senate Bill No. 502 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 551.

    Bill read third time.

    Roll call on Assembly Bill No. 551:

    Yeas—40.

    Nays—Collins, Grady—2.

    Assembly Bill No. 551 having received a constitutional majority,
Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

general file and third reading

    Assembly Bill No. 552.

    Bill read third time.

    Remarks by Assemblyman Anderson.

    Roll call on Assembly Bill No. 552:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 552 having received a constitutional majority,
Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 200.

    Bill read third time.

    Roll call on Senate Bill No. 200:

    Yeas—42.

    Nays—None.

    Senate Bill No. 200 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 233.

    Bill read third time.

    Roll call on Senate Bill No. 233:

    Yeas—42.

    Nays—None.

    Senate Bill No. 233 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 49.

    Bill read third time.

    Roll call on Senate Bill No. 49:

    Yeas—42.

    Nays—None.

    Senate Bill No. 49 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 51.

    Bill read third time.

    Roll call on Senate Bill No. 51:

    Yeas—42.

    Nays—None.

    Senate Bill No. 51 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 446.

    Bill read third time.

    Roll call on Senate Bill No. 446:

    Yeas—38.

    Nays—Collins, Gustavson, Perkins, Sherer—4.

    Senate Bill No. 446 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 498.

    Bill read third time.

    Roll call on Senate Bill No. 498:

    Yeas—42.

    Nays—None.

    Senate Bill No. 498 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 501.

    Bill read third time.

    Roll call on Senate Bill No. 501:

    Yeas—41.

    Nays—Gustavson.

    Senate Bill No. 501 having received a two-thirds majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 503.

    Bill read third time.

    Roll call on Senate Bill No. 503:

    Yeas—36.

    Nays—Chowning, Collins, Giunchigliani, Goldwater, Koivisto, Leslie—6.

    Senate Bill No. 503 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that all rules be suspended and that Senate Bill No. 496 just returned from the printer, be declared an emergency measure under the Constitution and placed on the General File.

    Motion carried.


REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Commerce and Labor, to which was referred Senate Bill No. 400, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David Goldwater, Chairman

general file and third reading

    Senate Bill No. 496.

    Bill read third time.

    Roll call on Senate Bill No. 496:

    Yeas—42.

    Nays—None.

    Senate Bill No. 496 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

SECOND READING AND AMENDMENT

    Senate Bill No. 400.

    Bill read second time.

    The following amendment was proposed by the Committee on
Commerce and Labor:

    Amendment No. 922.

    Amend sec. 6, page 2, by deleting lines 18 through 21 and inserting:

    “Sec. 6.  “Telecommunication service” means the offering of telecommunication for a fee directly to the public, or such classes of users as to be effectively available directly to the public, regardless of the facilities used.”.

    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.  1.  Except as otherwise provided in subsection 2, each public utility which provides telecommunication services shall provide timely written notice to a customer of the duration of each call that is billed to the customer, reported in minutes, seconds or any fraction thereof, if the charges for the telecommunication services are calculated, in whole or in part, on the basis of the duration of the call.

    2.  The provisions of this section do not apply to measured rate service that is regulated by the Commission.”.

    Amend sec. 8, page 2, line 27, by deleting “2,” and inserting: “2 and
NRS 704.68984,
”.

    Amend sec. 8, page 2, by deleting lines 31 through 41 and inserting:

    “2.  The provisions of subsection 1 do not limit or modify the authority of the Commission to:”.

    Amend sec. 8, page 2, line 42, by deleting “(1) Considering” and inserting “(a) Consider”.

    Amend sec. 8, page 3, by deleting lines 3 through 5 and inserting:

    “(b) Act on a complaint filed pursuant to NRS 703.310, if the complaint relates to a broadband service that is provided by a public utility;”.

    Amend sec. 8, page 3, line 6, by deleting “(3) Including” and inserting “(c) Include”.

    Amend sec. 8, page 3, line 10, by deleting “704.033.” and inserting: “704.033; or

    (d) Determine the rates, terms and conditions of intrastate special access services.”.

    Amend sec. 8, page 3, line 15, by deleting “190” and inserting “200”.

    Amend sec. 12, pages 9 and 10, by deleting lines 43 through 45 on page 9 and lines 1 through 5 on page 10.

    Amend sec. 12, page 10, line 6, by deleting “13.” and inserting “12.”.

    Amend sec. 23, page 15, line 37, by deleting “10-days’ ”and inserting
20-days’ ”.

    Amend sec. 23, page 16, line 42, by deleting “10-days’ ”and inserting
20-days’ ”.

    Amend sec. 28, page 18, line 35, after “of” by inserting: “section 8 of this act and”.

    Amend sec. 28, page 18, line 40, by deleting “the” and inserting: “[the] :

    (a) The”.

    Amend sec. 28, page 18, line 44, by deleting “56-161.” and inserting:

“56-161 [.] ; or

    (b) The authority of the Commission to act pursuant to NRS 704.281 and 704.282.”.

    Amend the title of the bill, twelfth line, by deleting “service;” and inserting: “service under certain circumstances; requiring a consumer to be notified of the duration of a call under certain circumstances;”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Assemblyman Goldwater moved that upon return from the printer Senate Bill No. 400 be placed on the Chief Clerk’s desk.

    Motion carried.

    Bill ordered reprinted, re-engrossed, and to the Chief Clerk’s desk.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 502, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA35, which is attached to and hereby made a part of this report.

David Goldwater

Raymond C. Shaffer

Peggy Pierce

Randolph  J. Townsend

Dawn Gibbons

Maggie Carlton

Assembly Conference Committee

Senate Conference Committee

    Conference Amendment No. CA35.

    Amend section 1, page 2, by deleting lines 26 through 29 and inserting:

    “2.  Except as otherwise provided in subsection 3, the coverage for medical treatment required by this section is limited to:”.

    Amend section 1, page 3, line 1, by deleting “The” and inserting:

 

 
 Except as otherwise provided in section 9 of Assembly Bill No. 320 of this session, the”.

    Amend section 1, page 3, line 9, after “3.” by inserting: “Particular medical treatment described in subsection 2 and provided to a policyholder or subscriber is not required to be covered pursuant to this section if that particular medical treatment is provided by the sponsor of the clinical trial or study free of charge to the policyholder or subscriber.

    4.”.

    Amend section 1, page 3, line 34, by deleting “4.” and inserting “5.”.

    Amend section 1, page 3, line 41, by deleting “5.” and inserting “6.”.

    Amend section 1, page 4, line 4, by deleting “6.” and inserting “7.”.

    Amend section 1, page 4, line 9, by deleting “7.” and inserting “8.”.

    Amend section 1, page 4, line 22, by deleting “8.” and inserting “9.”.

    Amend sec. 4, page 6, by deleting lines 16 through 19 and inserting:

    “2.  Except as otherwise provided in subsection 3, the coverage for medical treatment required by this section is limited to:”.

    Amend sec. 4, page 6, line 34, by deleting “The” and inserting: Except as otherwise provided in section 13 of Assembly Bill No. 320 of this session, the”.

    Amend sec. 4, page 6, line 42, after “3.” by inserting: “Particular medical treatment described in subsection 2 and provided to a person insured under the group policy is not required to be covered pursuant to this section if that particular medical treatment is provided by the sponsor of the clinical trial or study free of charge to the person insured under the group policy.

    4.”.

    Amend sec. 4, page 7, line 24, by deleting “4.” and inserting “5.”.

    Amend sec. 4, page 7, line 31, by deleting “5.” and inserting “6.”.

    Amend sec. 4, page 7, line 39, by deleting “6.” and inserting “7.”.

    Amend sec. 4, page 8, line 1, by deleting “7.” and inserting “8.”.

    Amend sec. 4, page 8, line 15, by deleting “8.” and inserting “9.”.

    Amend sec. 6, page 10, by deleting lines 4 through 7 and inserting:

    “2.  Except as otherwise provided in subsection 3, the coverage for medical treatment required by this section is limited to:”.

    Amend sec. 6, page 10, line 22, by deleting “The” and inserting: Except as otherwise provided in section 24 of Assembly Bill No. 320 of this session, the”.

    Amend sec. 6, page 10, line 31, after “3.” by inserting: “Particular medical treatment described in subsection 2 and provided to a person insured under the policy is not required to be covered pursuant to this section if that particular medical treatment is provided by the sponsor of the clinical trial or study free of charge to the person insured under the policy.

    4.”.

    Amend sec. 6, page 11, line 11, by deleting “4.” and inserting “5.”.

    Amend sec. 6, page 11, line 18, by deleting “5.” and inserting “6.”.

    Amend sec. 6, page 11, line 27, by deleting “6.” and inserting “7.”.

    Amend sec. 6, page 11, line 32, by deleting “7.” and inserting “8.”.

    Amend sec. 6, page 12, line 1, by deleting “8.” and inserting “9.”.

    Amend sec. 8, page 13, by deleting lines 32 through 35 and inserting:

    “2.  Except as otherwise provided in subsection 3, the coverage for medical treatment required by this section is limited to:”.

    Amend sec. 8, page 14, line 5, by deleting “The” and inserting: Except as otherwise provided in section 27 of Assembly Bill No. 320 of this session, the”.

    Amend sec. 8, page 14, line 15, after “3.” by inserting: “Particular medical treatment described in subsection 2 and provided to an enrollee is not required to be covered pursuant to this section if that particular medical treatment is provided by the sponsor of the clinical trial or study free of charge to the enrollee.

    4.”.

    Amend sec. 8, page 14, line 40, by deleting “4.” and inserting “5.”.

    Amend sec. 8, page 15, line 3, by deleting “5.” and inserting “6.”.

    Amend sec. 8, page 15, line 11, by deleting “6.” and inserting “7.”.

    Amend sec. 8, page 15, line 16, by deleting “7.” and inserting “8.”.

    Amend sec. 8, page 15, line 30, by deleting “8.” and inserting “9.”.

    Amend sec. 12, page 19, by deleting lines 16 through 19 and inserting:

    “2.  Except as otherwise provided in subsection 3, the coverage for medical treatment required by this section is limited to:”.

    Amend sec. 12, page 19, line 34, by deleting “The” and inserting: Except as otherwise provided in section 33 of Assembly Bill No. 320 of this session, the”.

    Amend sec. 12, page 19, line 43, after “3.” by inserting: “Particular medical treatment described in subsection 2 and provided to a person insured under the plan is not required to be covered pursuant to this section if that particular medical treatment is provided by the sponsor of the clinical trial or study free of charge to the person insured under the plan.

    4.”.

    Amend sec. 12, page 20, line 24, by deleting “4.” and inserting “5.”.

    Amend sec. 12, page 20, line 31, by deleting “5.” and inserting “6.”.

    Amend sec. 12, page 20, line 39, by deleting “6.” and inserting “7.”.

    Amend sec. 12, page 21, line 1, by deleting “7.” and inserting “8.”.

    Amend sec. 12, page 21, line 15, by deleting “8.” and inserting “9.”.

    Assemblyman Goldwater moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 502.

    Remarks by Assemblyman Goldwater.

    Assemblywoman Buckley requested that the following remarks be entered in the Journal.

    Assemblyman Goldwater:

    Mr. Speaker, thank you. First, the amendment clarifies the coverage for medical treatment required to be included in the policies of health insurance and health care plans contained in this bill. Second, the amendment exempts the policies and plans from requirements to cover particular medical treatment at the clinical trial or study if the sponsor of the clinical trial or study provides that medical treatment free of charge to the insured. Last, it allows an extension of the coverage period provided by the bill if a policy includes a defined set of providers of health care and the provider’s contract with the insurer is terminated during the course of the treatment. Mr. Speaker, for the purposes of the Legislative record, the conference amendment to Assembly Bill 502 intended to include coverage of clinical trials and not to exclude any sort of health care coverage that might be associated with that clinical trial. It is a mandated coverage bill and in the Assembly and in the conference report our intent was to cover everything related to a clinical trial.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 359, consisting of the undersigned members, has met and reports that:

    It had agreed that the amendment of the Assembly be concurred in.

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA29, which is attached to and hereby made a part of this report.

Genie Ohrenschall

Ann O’Connell

Wendell P. Williams

Dina Titus

Valerie Weber

Warren B. Hardy

Assembly Conference Committee

Senate Conference Committee

    Conference Amendment No. CA29.

    Amend the bill as a whole by adding the following assemblywoman as a nonprimary joint sponsor: Assemblywoman Ohrenschall.

    Assemblywoman Ohrenschall moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 359.

    Remarks by Assemblywoman Ohrenschall.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 250, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA31, which is attached to and hereby made a part of this report.

William Horne

Mark E. Amodei

Jason Geddes

Terry Care

Marcus Conklin

Mike McGinness

Assembly Conference Committee

Senate Conference Committee

    Conference Amendment No. CA31.

    Amend sec. 7, page 8, line 3, by deleting: “destruction or contamination” and inserting: “destruction, contamination or impairment”.

    Amend sec. 26, page 16, line 10, by deleting “instruction” and inserting: “instruction, within 2 years after initial licensure,”.

    Amend sec. 26, page 16, between lines 25 and 26, by inserting: “The Board may thereafter determine whether to establish regulations and standards requiring additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.”.

    Amend sec. 28, page 18, line 23, by deleting “instruction” and inserting: “instruction, within 2 years after initial licensure,”.

    Amend sec. 28, page 18, between lines 38 and 39, by inserting: “The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.”.

    Amend sec. 29, page 19, line 14, by deleting “instruction” and inserting: “instruction, within 2 years after initial licensure,”.

    Amend sec. 29, page 19, between lines 28 and 29, by inserting: “The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.”.

    Amend sec. 30, page 20, line 12, by deleting “instruction” and inserting: “instruction, to be completed within 2 years after initial licensure,”.

    Amend sec. 30, page 20, between lines 27 and 28, by inserting: “The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.”.

    Amend the bill as a whole by deleting sec. 31 and adding a new section designated sec. 31, following sec. 30, to read as follows:

    “Sec. 31.  Each person who is:

    1.  Certified as an emergency medical technician pursuant to the provisions of chapter 450B of NRS;

    2.  Licensed as a physician assistant or licensed to practice medicine pursuant to the provisions of chapter 630 of NRS;

    3.  Licensed to practice dentistry or dental hygiene pursuant to the provisions of chapter 631 of NRS; or

    4.  Licensed as a nurse pursuant to the provisions of chapter 632 of NRS,

and who is not within the period of his initial licensure on October 1, 2003, shall complete a course of instruction, before September 30, 2005, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction as set forth in sections 26, 28, 29 and 30, respectively, of this act.”.

    Amend sec. 33, page 22, line 12, by deleting “31”.

    Amend sec. 33, page 22, line 14, by deleting: “26, 28, 29 and 30” and inserting: “26 and 28 to 31, inclusive,”.

    Amend the title of the bill, page 2, by deleting the tenth through twelfth lines and inserting: “terrorism; and providing”.

    Assemblyman Horne moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 250.

    Remarks by Assemblyman Horne.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 518, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA30, which is attached to and hereby made a part of this report.

Vonne Chowning

Terry Care

John C. Carpenter

Mark E. Amodei

Jerry D. Claborn

Dennis Nolan

Assembly Conference Committee

Senate Conference Committee

    Conference Amendment No. CA30.

    Amend the bill as a whole by renumbering sections 1 through 5 as
sections 9 through 13 and adding new sections designated sections 1 through 8, following the enacting clause, to read as follows:

    “Section 1.  Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  An operator of a limousine shall, beginning on
July 1, 2003, and on July 1 of each year thereafter, pay to the Authority a fee of $100 for each limousine that the Authority has authorized the operator to operate.

    2.  As used in this section, “limousine” includes:

    (a) A livery limousine; and

    (b) A traditional limousine.

    Sec. 3.  1.  It is unlawful for any person to advertise services for which a certificate of public convenience and necessity or a contract carrier’s permit is required pursuant to NRS 706.011 to 706.791, inclusive, and sections 2 and 3 of this act, unless the person has been issued such a certificate or permit.

    2.  If, after notice and a hearing, the Authority determines that a person has engaged in advertising in a manner that violates the provisions of this section, the Authority may, in addition to any penalty, punishment or disciplinary action authorized by the provisions of NRS 706.011 to 706.791, inclusive, and sections 2 and 3 of this act, issue an order to the person to cease and desist the unlawful advertising and to:

    (a) Cause any telephone number included in the advertising, other than a telephone number to a provider of paging services, to be disconnected.

    (b) Request the provider of paging services to change the number of any beeper which is included in the advertising or disconnect the paging services to such a beeper, and to inform the provider of paging services that the request is made pursuant to this section.

    3.  If a person fails to comply with paragraph (a) of subsection 2 within
5 days after the date that he receives an order pursuant to subsection 2, the Authority may request the Commission to order the appropriate provider of telephone service to disconnect any telephone number included in the advertisement, except for a telephone number to a provider of paging services. If a person fails to comply with paragraph (b) of subsection 2 within 5 days after the date he receives an order pursuant to subsection 2, the Authority may request the provider of paging services to switch
the beeper number or disconnect the paging services provided to the person, whichever the provider deems appropriate.

    4.  If the provider of paging services receives a request from a person pursuant to subsection 2 or a request from the Authority pursuant to subsection 3, it shall:

    (a) Disconnect the paging service to the person; or

    (b) Switch the beeper number of the paging service provided to the person. If the provider of paging services elects to switch the number pursuant to paragraph (b), the provider shall not forward or offer to forward the paging calls from the previous number, or provide or offer to provide a recorded message that includes the new beeper number.

    5.  As used in this section:

    (a) “Advertising” includes, but is not limited to, the issuance of any sign, card or device, or the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine or airway transmission, on the Internet or in any directory under the listing of “fully regulated carrier” with or without any limiting qualifications.

    (b) “Beeper” means a portable electronic device which is used to page the person carrying it by emitting an audible or a vibrating signal when the device receives a special radio signal.

    (c) “Provider of paging services” means an entity, other than a public utility, that provides paging service to a beeper.

    (d) “Provider of telephone service” has the meaning ascribed to it in
NRS 707.355.

    Sec. 4.  NRS 706.011 is hereby amended to read as follows:

    706.011  As used in NRS 706.011 to 706.791, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.

    Sec. 5.  NRS 706.391 is hereby amended to read as follows:

    706.391  1.  Upon the filing of an application for a certificate of public convenience and necessity to operate as a common motor carrier , other than an operator of a tow car, or an application for modification of such a certificate, the Authority shall fix a time and place for a hearing [thereon.] on the application.

    2.  The Authority shall [issue such a] grant the certificate or modification if it finds that:

    (a) The applicant is financially and operationally fit, willing and able to perform the services of a common motor carrier [;] and that the operation of, and the provision of such services by, the applicant as a common motor carrier will foster sound economic conditions within the applicable industry;

    (b) The proposed operation or the proposed modification will be consistent with the legislative policies set forth in NRS 706.151;

    (c) The granting of the certificate or modification will not unreasonably and adversely affect other carriers operating in the territory for which the certificate or modification is sought; [and]

    (d) The proposed [service] operation or the proposed modification will benefit and protect the safety and convenience of the traveling and shipping public and the motor carrier business in this state [.] ;

    (e) The proposed operation, or service under the proposed modification, will be provided on a continuous basis;

    (f) The market identified by the applicant as the market which the applicant intends to serve will support the proposed operation or proposed modification; and

    (g) The applicant has paid all fees and costs related to the application.

    3.  The Authority shall not find that the potential creation of competition in a territory which may be caused by the granting of [a certificate,] the certificate or modification, by itself, will unreasonably and adversely affect other carriers operating in the territory for the purposes of paragraph (c) of subsection 2.

    4.  [An] In determining whether the applicant is fit to perform the services of a common motor carrier pursuant to paragraph (a) of subsection 2, the Authority shall consider whether the applicant has violated any provision of this chapter or any regulations adopted pursuant thereto.

    5.  The applicant for [such a certificate has] the certificate or modification:

    (a) Has the burden of proving to the Authority that the proposed operation will meet the requirements of subsection 2 [.

    5.] ; and

    (b) Must pay the amounts billed to the applicant by the Authority for the costs incurred by the Authority in conducting any investigation regarding the applicant and the application.

    6.  The Authority may issue or modify a certificate of public convenience and necessity to operate as a common motor carrier, or issue or modify it for:

    (a) The exercise of the privilege sought.

    (b) The partial exercise of the privilege sought.

    [6.] 7.  The Authority may attach to the certificate such terms and conditions as, in its judgment, the public interest may require.

    [7.] 8.  The Authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no petition to intervene has been filed on behalf of any person who has filed a protest against the granting of the certificate [.] or modification.

    Sec. 6.  NRS 706.756 is hereby amended to read as follows:

    706.756  1.  Except as otherwise provided in subsection 2, any person who:

    (a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and sections 2 and 3 of this act, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

    (b) Fails to make any return or report required by the provisions of
NRS 706.011 to 706.861, inclusive, and sections 2 and 3 of this act, or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 2 and 3 of this act;

    (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and sections 2 and 3 of this act;

    (d) Fails to obey any order, decision or regulation of the Authority or the Department;

    (e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation of the Authority or the Department;

    (f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 2
and 3 of this act;

    (g) Advertises as providing:

        (1) The services of a fully regulated carrier; or

        (2) Towing services, without including the number of his certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

    (h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

    (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

    (j) Operates or causes to be operated a vehicle which does not have the proper identifying device;

    (k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been cancelled, revoked, suspended or altered;

    (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or

    (m) Refuses or fails to surrender to the Authority or Department any certificate, permit, license or identifying device which has been suspended, cancelled or revoked pursuant to the provisions of this chapter,

is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

    2.  [A person convicted of a misdemeanor for a] Any person who, in violation of the provisions of NRS 706.386 , operates as a fully regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions of 706.421 , operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:

    (a) For [the] a first offense [,] within a period of 12 consecutive months, by a fine of not less than $500 nor more than $1,000 . [;] In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

    (b) For a second offense within a period of 12 consecutive months and for each subsequent offense [,] that is committed within a period of
12 consecutive months of any prior offense under this subsection,
by a fine of $1,000 . [; or

    (c) For any offense,] In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months . [, or by both the prescribed fine and imprisonment.]

    3.  Any person who , in violation of the provisions of NRS 706.386, operates or permits the operation of a vehicle in passenger service without first obtaining a certificate of public convenience and necessity [issued pursuant to NRS 706.391] is guilty of a gross misdemeanor.

    4.  If a law enforcement officer witnesses a violation of [this subsection, he] any provision of subsection 2 or 3, the law enforcement officer may cause the vehicle to be towed immediately from the scene [.

    4.] and impounded in accordance with NRS 706.476.

    5.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

    [5.] 6.  Any bail allowed must not be less than the appropriate fine provided for by this section.

    Sec. 7.  NRS 417.145 is hereby amended to read as follows:

    417.145  1.  The Veterans’ Home Account is hereby established in the State General Fund.

    2.  Money received by the Executive Director or the Deputy Executive Director from:

    (a) Payments by the Department of Veterans Affairs for veterans who receive care in a veterans’ home;

    (b) Other payments for medical care and services;

    (c) Appropriations made by the Legislature for veterans’ homes; and

    (d) Except as otherwise provided in subsection 7, gifts of money and proceeds derived from the sale of gifts of personal property he is authorized to accept for the use of veterans’ homes, if the use of such gifts has not been restricted by the donor, must be deposited with the State Treasurer for credit to the Veterans’ Home Account.

    3.  Interest and income must not be computed on the money in the Veterans’ Home Account.

    4.  The Veterans’ Home Account must be administered by the Executive Director, with the advice of the Deputy Executive Director and the Nevada Veterans’ Services Commission, and the money deposited in the Veterans’ Home Account may only be expended for:

    (a) The operation of veterans’ homes;

    (b) A program or service related to a veterans’ home;

    (c) The solicitation of other sources of money to fund a veterans’ home; and

    (d) The purpose of informing the public about issues concerning the establishment and uses of a veterans’ home.

    5.  Except as otherwise provided in subsection 7, gifts of personal property which the Executive Director or the Deputy Executive Director is authorized to receive for the use of veterans’ homes:

    (a) May be sold or exchanged if the sale or exchange is approved by the State Board of Examiners; or

    (b) May be used in kind if the gifts are not appropriate for conversion to money.

    6.  All money in the Veterans’ Home Account must be paid out on claims approved by the Executive Director as other claims against the State are paid.

    7.  The Gift Account for Veterans’ Homes is hereby established in the State General Fund. The Executive Director or the Deputy Executive Director shall use gifts of money or personal property that he is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home, only in the manner designated by the donor. Gifts of money that the Executive Director or Deputy Executive Director is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home must be deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes. The interest and income earned on the money in the Gift Account for Veterans’ Homes, after deducting any applicable charges, must be credited to the Gift Account for Veterans’ Homes. Any money remaining in the Gift Account for Veterans’ Homes at the end of each fiscal year does not lapse to the State General Fund, but must be carried forward into the next fiscal year.

    8.  The Executive Director shall, on or before August 1 of each year, prepare and submit to the Interim Finance Committee a report detailing the expenditures made from the Gift Account for Veterans’ Homes that are attributable to the money deposited in that account pursuant to subsection 2 of NRS 482.3764.

    Sec. 8.  NRS 482.3764 is hereby amended to read as follows:

    482.3764  1.  Before the Department issues to any person, pursuant to NRS 482.3763:

    (a) An initial set of special license plates, it shall:

        (1) Collect a special fee for a veterans’ home in the amount of $25; and

        (2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in NRS 482.37635.

    (b) An annual renewal sticker, it shall:

        (1) Collect a special fee for a veterans’ home in the amount of $20; and

        (2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in NRS 482.37635.

    2.  The Department shall deposit [any money] the first $100,000 collected pursuant to this section each year with the State Treasurer for credit to the [Veterans’ Home Account.] Gift Account for Veteran’s Homes, established by subsection 7 of NRS 417.145. Thereafter, any additional amount collected pursuant to this section during the year must be deposited in the State General Fund.”.

    Amend section 1, page 2, by deleting lines 12 through 15 and inserting:

    “(a) Shall first publicly notice and then process, in the order in which it was received, each application for any new or modified certificate of public convenience and necessity that is received by the Authority before June 1, 2003.”.

    Amend sec. 3, page 3, line 37, by deleting “2” and inserting “10”.

    Amend sec. 3, page 4, line 11, by deleting “1” and inserting “9”.

    Amend sec. 3, page 4, line 13, by deleting “1” and inserting “9”.

    Amend sec. 5, page 4, by deleting line 22 and inserting:

    “Sec. 13.  1.  This section, sections 1 to 6, inclusive, and 9 to 12, inclusive, of this act become effective upon passage and approval.

    2.  Sections 7 and 8 of this act become effective on July 1, 2005.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to transportation; imposing certain fees for the operation of livery and traditional limousines; prohibiting certain motor carriers from engaging in certain types of misleading advertising; providing for the impoundment of certain vehicles under certain circumstances; making various changes regarding the filing of certain applications; making various changes regarding the disposition of money paid for the special license plate for veterans; temporarily prohibiting the Transportation Services Authority from accepting certain applications relating to certificates of public convenience and necessity for the operation of limousines; temporarily prohibiting fully regulated carriers from increasing the number of limousines which they operate; directing the Legislative Commission to conduct a study of issues relating to the allocation of limousines; authorizing the Transportation Services Authority under certain circumstances to adopt regulations providing for a system of allocations for limousines; 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 regulation of certain motor carriers, motor vehicles and limousines. (BDR S‑1102)”.

    Assemblywoman Chowning moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 518.

    Remarks by Assemblywomen Chowning and Buckley.

    Motion carried by a two-thirds constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 231, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA21, which is attached to and hereby made a part of this report.

Peggy Pierce

Dina Titus

Sheila Leslie

Valerie Wiener

Valerie Weber

Barbara Cegavske

Assembly Conference Committee

Senate Conference Committee

    Conference Amendment No. CA21.

    Amend sec. 9, page 4, by deleting lines 5 through 25 and inserting:      “426.790  1.  A person shall not [willfully and maliciously:

    (a) Interfere with;

    (b) Harass or intimidate;

    (c) Beat; or

    (d) Kill, a guide dog, hearing dog, helping dog or other] :

    (a) Without legal justification, interfere with, or allow a dog he owns, harbors or controls to interfere with, the use of a service animal by obstructing, intimidating or otherwise jeopardizing the safety of the service animal or the person using the service animal.

    (b) Willfully and maliciously beat a service animal.

    (c) Willfully and maliciously kill a service animal.

    2.  [Any] A person who violates:

    (a) Paragraph (a) of subsection 1 is guilty of a gross misdemeanor.

    (b) Paragraph (b) of subsection 1 is guilty of a [gross misdemeanor.] category E felony and shall be punished as provided in NRS 193.130.

    (c) Paragraph (c) of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    [(d) Paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.]”.

    Amend the title of the bill, fourth line, after “service animals;” by inserting: “revising certain penalties relating to crimes against service animals;”.

    Assemblywoman Pierce moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 231.

    Remarks by Assemblywoman Pierce.

    Motion carried by a constitutional majority.


Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 451, consisting of the undersigned members, has met and reports that:

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

Peggy Pierce

Sandra Tiffany

 

Ann O’Connell

Valerie Weber

 

Assembly Conference Committee

Senate Conference Committee

    Assemblywoman Pierce moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 451.

    Remarks by Assemblywoman Pierce.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 529, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA34, which is attached to and hereby made a part of this report.

Marcus Conklin

Sandra Tiffany

Bob Beers

 

Peggy Pierce

William J. Raggio

Assembly Conference Committee

Senate Conference Committee

    Conference Amendment No. CA34.

    Amend section 1, page 2, by deleting lines 7 through 37 and inserting: “294A.220, 294A.270, 294A.280, 294A.360 and 294A.362.

    2.  The form designed by the Secretary of State pursuant to this section must only request information specifically required by statute.

    3.  Upon request, the Secretary of State shall provide a copy of the form designed pursuant to this section to each person, committee, political party and group that is required to file a report described in subsection 1.”.

    Amend sec. 19, page 32, by deleting line 25 and inserting: “entitled to receive annual compensation of $6,000 or more for serving in that office, he shall”.

    Amend sec. 23, page 35, by deleting lines 6 through 10 and inserting: “3, if a] Each candidate for public office [or a public officer is] who will be entitled to receive annual compensation of $6,000 or more for serving in the office [in question,] that he is seeking and each public officer who was elected to the office for which he is serving shall file with the [Commission and with”.

    Amend sec. 26, page 36, by deleting lines 32 and 33 and inserting: “that a candidate for public office or public officer [who] willfully fails to file his statement of financial disclosure or willfully fails to file his statement of financial disclosure in a timely manner”.

    Amend sec. 26, page 36, line 39, after “who” and inserting: “willfully fails to file his statement of financial disclosure or willfully”.

    Amend sec. 26, page 36, lines 41 and 42, by deleting: “of not more than $5,000 for each violation”.

    Amend sec. 26, page 37, by deleting lines 6 through 14 and inserting:

    “(a) If the statement is filed not more than [7 days late, $25 for each day the statement is late.] 10 days after the applicable deadline set forth in subsection 1 of NRS 281.561 or subsection 1 of section 19 of this act, $25.

    (b) If the statement is filed more than [7 days late] 10 days but not more than [15 days late, $175 for the first 7 days, plus $50 for each additional day the statement is late.] 20 days after the applicable deadline set forth in subsection 1 of NRS 281.561 or subsection 1 of section 19 of this act, $50.

    (c) If the statement is filed more than [15 days late, $575 for the first 15 days, plus $100 for each additional day the statement is late.

2.  The Commission may, for] 20 days but not more than 30 days after the applicable deadline set forth in subsection 1 of NRS 281.561 or subsection 1 of section 19 of this act, $100.

    (d) If the statement is filed more than 30 days but not more than 45 days after the applicable deadline set forth in subsection 1 of NRS 281.561 or subsection 1 of section 19 of this act, $250.

    (e) If the statement is not filed or is filed more than 45 days after the applicable deadline set forth in subsection 1 of NRS 281.561 or subsection 1 of section 19 of this act, $2,000.”.

    Amend sec. 26, page 37, between lines 33 and 34, by inserting:

    “5.  As used in this section, “willfully” means deliberately, intentionally and knowingly.”.

    Amend the bill as a whole by adding a new section designated sec. 27.5, following sec. 27, to read as follows:

    “Sec. 27.5.  The Secretary of State must obtain the advice and consent of the Legislative Commission before providing a form designed or revised by the Secretary of State pursuant to section 1 of this act to a person, committee, political party or group that is required to use the form.”.

    Amend the title of the bill by deleting the first line and inserting:

    “AN ACT relating to elections; restricting the information that may be requested in the”.

    Amend the summary of the bill to read as follows:

    “SUMMARYľ Makes various changes concerning reporting of campaign contributions and expenditures and certain other financial information. (BDR 24‑558)”.

    Assemblyman Conklin moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 529.

    Remarks by Assemblyman Conklin.

    Motion carried by a constitutional majority.


Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 46, consisting of the undersigned members, has met and reports that:

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

Chris Giunchigliani

Raymond D. Rawson

Sheila Leslie

Dean A. Rhoads

Lynn Hettrick

Bob Coffin

Assembly Conference Committee

Senate Conference Committee

    Assemblywoman Giunchigliani moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 46.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 336, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA23, which is attached to and hereby made a part of this report.

Ellen Koivisto

Dean A. Rhoads

 

Mike McGinness

Tom Grady

Michael Schneider

Assembly Conference Committee

Senate Conference Committee

    Conference Amendment No. CA23.

    Amend the bill as a whole by renumbering sections 5 through 7 as sections 17 through 19 and adding new sections designated sections 5 through 16, following sec. 4, to read as follows:

    “Sec. 5.  NRS 349.983 is hereby amended to read as follows:

    349.983  1.  Grants may be made pursuant to paragraph (a) of
subsection 1 of NRS 349.981 only for the Lincoln Valley Water District and those community and nontransient water systems that:

    (a) Were in existence on January 1, 1995; and

    (b) Are currently publicly owned.

    2.  In making its determination of which purveyors of water are to receive grants pursuant to paragraph (a) of subsection 1 of NRS 349.981, the Board shall give preference to those purveyors of water whose public water systems regularly serve fewer than 6,000 persons.

    3.  Each recipient of a grant pursuant to paragraph (a) of subsection 1 of NRS 349.981 shall provide an amount of money for the same purpose. The Board shall develop a scale to be used to determine that amount, but the recipient must not be required to provide an amount less than 15 percent or more than 75 percent of the amount of the grant. The scale must be based upon the average household income of the customers of the recipient, and provide adjustments for the demonstrated economic hardship of those customers, the existence of an imminent risk to public health and any other factor that the Board determines to be relevant.

    Sec. 6.  As used in sections 6 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 7, 8 and 9 of this act have the meanings ascribed to them in those sections.

    Sec. 7.  “Board” means the Governing Board of the District.

    Sec. 8.  “District” means the Lincoln County Water District created by section 10 of this act.

    Sec. 9.  “Service area” means the service area of the District described in section 10 of this act.

    Sec. 10.  There is hereby created a political subdivision of this state to be known as the “Lincoln County Water District.” The jurisdiction and service area of the District are all that real property within the boundaries of Lincoln County, Nevada, as described in NRS 243.210, 243.215 and 243.220.

    Sec. 11.  The District has the following powers:

    1.  To have perpetual succession.

    2.  To sue and be sued in the name of the District in all courts or tribunals of competent jurisdiction.

    3.  To adopt a seal and alter it at the pleasure of the District.

    4.  To enter into contracts, and employ and fix the compensation of staff and professional advisers.

    5.  To incur indebtedness pursuant to chapter 271 of NRS, issue bonds pursuant to chapter 350 of NRS and provide for medium-term obligations pursuant to chapter 350 of NRS to pay, in whole or in part, the costs of acquiring, constructing and operating any lands, easements, water rights, water, waterworks or projects, conduits, pipelines, wells, reservoirs, structures, machinery and other property or equipment useful or necessary to store, convey, supply or otherwise deal with water, and otherwise to carry out the powers set forth in this section. For the purposes of NRS 350.572, sections 6 to 16, inclusive, of this act do not expressly or impliedly require an election before the issuance of a security or indebtedness pursuant to
NRS 350.500 to 350.720, inclusive, if the obligation is payable solely from pledged revenues, but an election must be held before incurring a general obligation.

    6.  To acquire, by purchase, grant, gift, devise, lease, construction, contract or otherwise, lands, rights-of-way, easements, privileges, water and water rights, and property of every kind, whether real or personal, to construct, maintain and operate, within or without the District, any and all works and improvements necessary or proper to carry out any of the objects or purposes of sections 6 to 16, inclusive, of this act, and to complete, extend, add to, repair or otherwise improve any works, improvements or property acquired by it as authorized by sections 6 to 16, inclusive, of this act.

    7.  To sell, lease, encumber, hypothecate or otherwise dispose of property, whether real or personal, including, without limitation, water and water rights, as is necessary or convenient to the full exercise of the powers of the District.

    8.  To adopt ordinances, rules, regulations and bylaws necessary for the exercise of the powers and conduct of the affairs of the Board and District.

    9.  Except as otherwise provided in this subsection, to exercise the power of eminent domain in the manner prescribed by law, within or without the service area, to take any property, including, without limitation, the property specified in subsections 6 and 15, necessary or convenient for the exercise of the powers of the District or for the provision of adequate water service to the service area. The District shall not exercise the power of eminent domain to acquire the water rights or waterworks facilities of any nonprofit purveyor delivering water for domestic use whose service area is adjacent to the District without first obtaining the consent of the purveyor.

    10.  To enter upon any land, to make surveys and locate any necessary improvements, including, without limitation, lines for channels, conduits, canals, pipelines, roadways and other rights-of-way, to acquire property necessary or convenient for the construction, use, supply, maintenance, repair and improvement of such improvements, including, without limitation, works constructed and being constructed by private owners, lands for reservoirs for the storage of necessary water, and all necessary appurtenances, and, where necessary and for the purposes and uses set forth in this section, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions or other rights.

    11.  To enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county or district of any kind, public or private corporation, association, firm or natural person, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair or operation of any rights, works or other property of a kind which may be lawfully acquired or owned by the District.

    12.  To acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the District, and to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the District, or to carry such water through any tunnel, canal, ditch or conduit of the District.

    13.  To enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or natural person, or any number of them, for the transfer or delivery to any district, corporation, association, firm or natural person of any water right or water pumped, stored, appropriated or otherwise acquired or secured for the use of the District, or for the purpose of exchanging the water or water right for any other water, water right or water supply to be delivered to the District by the other party to the agreement.

    14.  To cooperate and act in conjunction with the State of Nevada or any of its engineers, officers, boards, commissions, departments or agencies, with the Government of the United States or any of its engineers, officers, boards, commissions, departments or agencies, or with any public or private corporation, to construct any work for the development, importation or distribution of water of the District, for the protection of life or property therein, or for the conservation of its water for beneficial use within the District, or to carry out any other works, acts or purposes provided for in sections 6 to 16, inclusive, of this act, and to adopt and carry out any definite plan or system of work for any of the purposes described in sections 6 to 16, inclusive, of this act.

    15.  To store water in surface or underground reservoirs within or without the District for the common benefit of the District, to conserve and reclaim water for present and future use within the District, to appropriate and acquire water and water rights and import water into the District for any useful purpose to the District, and to commence, maintain, intervene in and compromise in the name of the District, or otherwise, and assume the costs and expenses of any action or proceeding involving or affecting:

    (a) The ownership or use of water or water rights within or without the District used or useful for any purpose of the District or of common benefit to any land situated therein;

    (b) The wasteful use of water within the District;

    (c) The interference with or diminution of water or water rights within the District;

    (d) The contamination or pollution of the surface or subsurface water used in the District or any other act that otherwise renders such water unfit for beneficial use; and

    (e) The interference with this water that may endanger or damage the residents, lands or use of water in the District.

    16.  To sell and distribute water under the control of the District, without preference, to any natural person, firm, corporation, association, district, agency or inhabitant, public or private, for use within the service area, to fix, establish and adjust rates, classes of rates, terms and conditions for the sale and use of such water, and to sell water for use outside the service area upon a finding by the Board that there is a surplus of water above that amount required to serve customers within the service area.

    17.  To cause taxes to be levied and collected for the purposes prescribed in sections 6 to 16, inclusive, of this act, including, without limitation, the payment of any obligation of the District during its organizational state and thereafter, and necessary engineering costs, and to assist in the operational expenses of the District, until such taxes are no longer required.

    18.  To supplement the surface and ground-water resources of Lincoln County by the importation and use of water from other sources for industrial, irrigation, municipal and domestic uses.

    19.  To restrict the use of water of the District during any emergency caused by drought or other threatened or existing water shortage, and to prohibit the waste of water of the District at any time through the adoption of ordinances, rules or regulations and the imposition of fines for violations of those ordinances, rules and regulations.

    20.  To supply water under contract or agreement, or in any other manner, to the United States or any department or agency thereof, the State of Nevada, Lincoln County, Nevada, and any city, town, corporation, association, partnership or natural person situated in Lincoln County, Nevada, for an appropriate charge, consideration or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the District.

    21.  To create assessment districts to extend mains, improve distribution systems and acquire presently operating private water companies and mutual water distribution systems.

    22.  To accept from the Government of the United States or any of its agencies financial assistance or participation in the form of grants-in-aid or any other form in connection with any of the functions of the District.

    23.  To do all acts and things reasonably implied from and necessary for the full exercise of all powers of the District granted by sections 6 to 16, inclusive, of this act.

    Sec. 12.  1.  All powers, duties and privileges of the District must be exercised and performed by the Board.

    2.  The Board must be composed of the members of the Board of County Commissioners of Lincoln County.

    Sec. 13.  1.  The Board shall:

    (a) Choose one of its members to be Chairman, and prescribe the term of that office and the powers and duties thereof.

    (b) Fix the time and place at which its regular meetings will be held and provide for the calling and conduct of special meetings.

    (c) Fix the location of the principal place of business of the District.

    (d) Elect a Secretary-Treasurer of the Board and the District, who may or may not be a member of the Board.

    (e) Appoint a General Manager who must not be a member of the Board.

    (f) Delegate and redelegate to officers of the District the power to employ necessary executives, clerical workers, engineering assistants and laborers, and retain legal, accounting or engineering services, subject to such conditions and restrictions as may be imposed by the Board.

    (g) Prescribe the powers, duties, compensation and benefits of all officers and employees of the District, and require all bonds necessary to protect the money and property of the District.

    (h) Take all actions and do all things reasonably and lawfully necessary to conduct the business of the District and achieve the purposes of sections
6 to 16, inclusive, of this act.

    2.  A simple majority of the members of the Board constitutes a quorum. The vote of a simple majority of the quorum is required to take action.

    3.  Members of the Board are entitled to receive a salary of not more than $80 per day and reasonable per diem and travel expenses, as set by the Board, for their attendance at meetings and conduct of other business of the District.

    Sec. 14.  1.  The Board may levy and collect general ad valorem taxes on all taxable property within the District, but only for the payment of principal and interest on its general obligations. Such a levy and collection must be made in conjunction with Lincoln County in the manner prescribed in this section.

    2.  The Board shall determine the amount of money necessary to be raised by taxation for a particular year in addition to other sources of revenue of the District. The Board then shall fix a rate of levy which, when applied to the assessed valuation of all taxable property within the District, will produce an amount, when combined with other revenues of the District, sufficient to pay, when due, all principal of and interest on general obligations of the District and any defaults or deficiencies relating thereto.

    3.  In accordance with and in the same manner required by the law applicable to incorporated cities, the Board shall certify the rate of levy fixed pursuant to subsection 2 for levy upon all taxable property in the District in accordance with such rate at the time and in the manner required by law for levying of taxes for county purposes.

    4.  The proper officer or authority of Lincoln County, upon behalf of the District, shall levy and collect the tax for the District specified in
subsection 3. Such a tax must be collected in the same manner, including, without limitation, interest and penalties, as other taxes collected by the County. When collected, the tax must be paid to the District in monthly installments for deposit in the appropriate depository of the District.

    5.  If the taxes levied are not paid, the property subject to the tax lien must be sold and the proceeds of the sale paid to the District in accordance with the law applicable to tax sales and redemptions.

    Sec. 15.  The District is exempt from regulation by the Public Utilities Commission of Nevada.

    Sec. 16.  If any provision of sections 6 to 16, inclusive, of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity does not affect the provisions or application of sections 6 to 16, inclusive, of this act that can be given effect without the invalid provision or application, and to this end the provisions of sections 6 to 16, inclusive, of this act are declared to be severable.”.

    Amend sec. 7, page 8, by deleting lines 38 and 39 and inserting:

    “Sec. 19.  1.  This section and sections 5 to 16, inclusive, of this act become effective upon passage and approval.

    2.  Sections 1 to 4, inclusive, 17 and 18 of this act become effective on July 1, 2003.

    3.  Section 17 of this act expires by limitation on June 30, 2005.”.

    Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:

    “Whereas, Adequate and efficient water service is vital to the economic development and well-being of the residents of Lincoln County; and

    Whereas, Inhabited areas of Lincoln County are remote from any established water system, thus dictating that indispensable activities such as water service be administered by a governmental entity created for the residents of Lincoln County; and

    Whereas, Lincoln County could best be served water through a single governmental entity; now, therefore,”.

    Amend the title of the bill, seventh line, after “reports;” by inserting: “creating the Lincoln County Water District; setting forth the powers of the District and the form and method of governance of the District;”.

    Amend the summary of the bill to read as follows:

    “SUMMARYľMakes various changes relating to water rights and creates Lincoln County Water District. (BDR 48‑848)”.

    Assemblywoman Koivisto moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 336.

    Remarks by Assemblymen Koivisto, Geddes, Sherer, Pierce, McCleary, Mortenson, Leslie, Grady, Goldwater, Koivisto, Collins, Buckley, Williams, Giunchigliani, and Goicoechea.

    Assemblywoman Pierce requested a roll call vote on the adoption of the report of the first Conference Committee concerning Senate Bill No. 336.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 6:49 p.m.

ASSEMBLY IN SESSION

    At 6:51 p.m.

    Mr. Speaker presiding.

    Quorum present.

    Assemblywoman Pierce withdrew her motion for a roll call vote on the adoption of the report of the first Conference Committee concerning Senate Bill No. 336.

    Motion carried by a constitutional majority by a division of the House.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 1, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed
Senate Bills Nos. 504, 505, 506; Assembly Bills Nos. 240, 284.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bills Nos. 143, 147, 319.

    Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 962 to Senate Concurrent Resolution No. 13.

Mary Jo Mongelli

Assistant Secretary of the Senate

 


Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 143, consisting of the undersigned members, has met and reports that:

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

Kelvin Atkinson

Randolph  J. Townsend

Bob McCleary

Sandra Tiffany

Tom Grady

Dina Titus

Assembly Conference Committee

Senate Conference Committee

    Assemblyman Atkinson moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 143.

    Remarks by Assemblyman Atkinson.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 147, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA33, which is attached to and hereby made a part of this report.

Bernie Anderson

Randolph  J. Townsend

Bob McCleary

William J. Raggio

Bob Beers

Terry Care

Assembly Conference Committee

Senate Conference Committee

    Conference Amendment No. CA33.

    Amend sec. 1.7, page 2, line 36, by deleting “March 31” and inserting “January 15”.

    Amend the bill as a whole by deleting sec. 2.5 and adding:

    “Sec. 2.5.  (Deleted by amendment.)”.

    Amend sec. 3, page 4, lines 9 and 10, by deleting: “281.511 . [, 294A.345 or 294A.346.]” and inserting: “281.511, 294A.345 or 294A.346.”.

    Amend the bill as a whole by deleting sec. 3.3 and adding:

    “Sec. 3.3.  (Deleted by amendment.)”.

    Amend sec. 4, page 7, by deleting lines 8 and 9 and inserting:

    “6.  Except as otherwise provided in this subsection, upon such a petition, the court shall enter an order directing the”.

    Amend sec. 4, page 7, lines 14 through 19, by deleting the brackets and strike-through.

    Amend the bill as a whole by deleting sec. 7.5 and adding:

    “Sec. 7.5.  (Deleted by amendment.)”.

    Amend sec. 8, page 16, lines 25 through 32, by deleting the brackets and strike-through.

    Amend sec. 8, page 17, line 3, by deleting “[6.] 5.” and inserting “6.”.

    Amend sec. 8, page 17, line 15, by deleting “[7.] 6.” and inserting “7.”.

    Amend sec. 8, page 17, line 20, by deleting “[8.] 7.” and inserting “8.”.

    Amend sec. 8, page 17, by deleting lines 29 and 30 and inserting:

    “9.  The imposition of a civil penalty pursuant to subsections 1 to 4, inclusive, is a final”.

    Amend sec. 8, page 17, line 32, by deleting “[10.  In” and inserting “10.  [In”.

    Amend sec. 8, page 18, line 7, by deleting “9.”.

    Amend sec. 8.7, page 18, line 43, by deleting “March 31” and inserting: “[March 31] January 15”.

    Amend the bill as a whole by deleting sec. 11.5 and adding:

    “Sec. 11.5.  (Deleted by amendment.)”.

    Amend sec. 12, page 21, by deleting lines 25 and 26 and inserting:

    “Sec. 12.  NRS 281.437 and 281.525 are hereby repealed.”.

    Amend the bill as a whole by deleting the leadlines of repealed sections and adding the text of repealed sections, to read as follows:

TEXT OF REPEALED SECTIONS

    281.437  “Vexatious” defined.  “Vexatious” means lacking justification and intended to harass.

    281.525  Use of false or misleading statement regarding opinion of Commission; penalty.

    1.  It is unlawful for any person to make, use, publish or disseminate any statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce the Commission to render an opinion or to take any action related to the rendering of an opinion.

    2.  Any person who knowingly violates the provisions of subsection 1 is guilty of a misdemeanor.

    3.  The Commission shall inform the Attorney General or the district attorney of any case involving a violation of subsection 1.”.

    Amend the title of the bill by deleting the twentieth through twenty-third lines on page 1 and the first through fourth lines on page 2, and inserting: “thereto; and providing other matters properly relating thereto.”.

    Assemblyman Anderson moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 147.

    Remarks by Assemblyman Anderson.

    Motion carried by a constitutional majority.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 319, consisting of the undersigned members, has met and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA27, which is attached to and hereby made a part of this report.

Sheila Leslie

Warren B. Hardy

David Goldwater

Ann O’Connell

Dawn Gibbons

Michael Schneider

Assembly Conference Committee

Senate Conference Committee

 


    Conference Amendment No. CA27.

    Amend the bill as a whole by deleting section 1 and adding:

    “Section 1.  (Deleted by amendment.)”.

    Amend sec. 1.5, page 2, line 15, by deleting “11,” and inserting “15,”.

    Amend sec. 2, page 2, line 17, by deleting “11,” and inserting “15,”.

    Amend sec. 5, page 2, line 33, after “policy;” by inserting “or”.

    Amend sec. 5, page 2, line 34, by deleting “policy; or” and inserting “policy.”.

    Amend sec. 5, page 2, by deleting lines 35 and 36.

    Amend sec. 9, page 3, line 10, by deleting “11,” and inserting “15,”.

    Amend sec. 10, page 3, by deleting lines 32 and 33 and inserting: “unless the insurer does any one of the following:

    (a) Treats the applicant or policyholder as otherwise approved by the Commissioner, after the insurer presents to the Commissioner information indicating that such an absence or inability relates to the risk for the insurer.

    (b) Treats the applicant or policyholder as if the applicant or policyholder had neutral credit information, as defined by the insurer.

    (c) Excludes the use of credit information as a factor, and uses only underwriting criteria other than credit information.”.

    Amend sec. 10, page 3, line 36, after “a” by inserting “consumer”.

    Amend sec. 10, page 3, line 42, after “months.” by inserting: “At the time of the annual renewal of a policyholder’s policy, the insurer shall, upon the request of the policyholder or the policyholder’s agent, reunderwrite and rerate the policy based upon a current consumer credit report or insurance score. An insurer need not, at the request of a policyholder or the policyholder’s agent, recalculate the insurance score of or obtain an updated consumer credit report of the policyholder more frequently than once in any 12-month period. An insurer may, at its discretion, obtain an updated consumer credit report regarding a policyholder more frequently than once every 36 months, if to do so is consistent with the underwriting guidelines of the insurer.”.

    Amend sec. 10, page 3, line 44, by deleting “if:” and inserting: “if any one of the following applies:”.

    Amend sec. 10, page 4, line 4, after “insurer.” by inserting: “With respect to such a policyholder, the insurer may elect to obtain an updated consumer credit report if to do so is consistent with the underwriting guidelines of the insurer.”.

    Amend sec. 10, page 4, line 6, after “written.” by inserting: “The fact that credit information was not used initially does not preclude an insurer from using such information subsequently when underwriting or rating such a policyholder upon renewal, if to do so is consistent with the underwriting guidelines of the insurer.”.

    Amend sec. 10, page 4, by deleting lines 28 through 30.

    Amend the bill as a whole by deleting sec. 11, renumbering sections 12 through 20 as sections 16 through 24 and adding new sections designated sections 11 through 15, following sec. 10, to read as follows:

    “Sec. 11.  If it is determined pursuant to the dispute resolution process set forth in section 611(a) of the federal Fair Credit Reporting Act, 15 U.S.C. § 1681i(a), that the credit information of a policyholder was incorrect or incomplete and if the insurer receives notice of such determination from either the consumer reporting agency or from the policyholder, the insurer shall reunderwrite and rerate the policyholder within 30 days of receiving the notice. After reunderwriting or rerating the insured, the insurer shall make any adjustments necessary, consistent with its underwriting and rating guidelines. If an insurer determines that the policyholder has overpaid a premium, the insurer shall refund to the policyholder the amount of overpayment calculated back to the shorter of either the last 12 months of coverage or the actual period of the policy.

    Sec. 12.  1.  If an insurer uses credit information in underwriting or rating an applicant, the insurer or its agent shall disclose, either on the application for the policy or at the time the application is taken, that the insurer may obtain credit information in connection with the application. The disclosure must be written or provided to an applicant in the same medium as the application. The insurer need not provide the disclosure required pursuant to this section to a policyholder upon renewal of a policy if the policyholder was previously provided the disclosure in connection with the policy.

    2.  An insurer may comply with the requirements of this section by providing the following statement:

In connection with this application for insurance, we may review your credit report or obtain or use a credit-based insurance score based on the information contained in that credit report. We may use a third party in connection with the development of your insurance score.

    Sec. 13.  If an insurer takes an adverse action based upon credit information, the insurer shall:

    1.  Provide notice to the applicant or policyholder that an adverse action has been taken, in accordance with the requirements of section 615(a) of the federal Fair Credit Reporting Act, 15 U.S.C. § 1681m(a).

    2.  Provide notice to the applicant or policyholder explaining the reasons for the adverse action. The reasons must be provided in sufficiently clear and specific language so that a person can identify the basis for the insurer’s decision to take the adverse action. The notice must include a description of not more than four factors that were the primary influences of the adverse action. The use of generalized terms such as “poor credit history,” “poor credit rating” or “poor insurance score” does not meet the requirements of this subsection. Standardized explanations provided by consumer reporting agencies are deemed to comply with this section.

    Sec. 14.  1.  An insurer shall indemnify, defend and hold harmless an agent of the insurer from and against all liability, fees and costs arising out of or relating to the actions, errors or omissions of the agent with regard to obtaining or using credit information or insurance scores for the insurer, if the agent follows the instructions of or procedures established by the insurer and complies with any applicable law or regulation.

    2.  This section does not provide, expand, limit or prohibit any cause of action an applicant or policyholder may have against an agent of an insurer.

    Sec. 15.  1.  A consumer reporting agency shall not provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with:

    (a) An inquiry by or for an insurer about the credit information of an applicant or policyholder; or

    (b) A request for a credit report or insurance score.

    2.  The information described in subsection 1 includes, without limitation:

    (a) The expiration date of a policy or any other information that may identify time periods during which a policy of an applicant or policyholder may expire; and

    (b) The terms and conditions of the coverage provided by a policy of an applicant or policyholder.

    3.  The restriction set forth in subsection 1 does not apply to data or lists the consumer reporting agency supplies to the insurer, or an agent or affiliate of the insurer, from whom the information was received.

    4.  The provisions of this section do not restrict any insurer from being able to obtain a report regarding a motor vehicle or a report of a history of claims.”.

    Amend sec. 18, page 9, line 25, by deleting: “as determined by” and inserting: “at the discretion of”.

    Amend sec. 19, page 11, line 33, by deleting: “as determined by” and inserting: “at the discretion of”.

    Amend the bill as a whole by adding new sections designated sections 25 and 26, following sec. 20, to read as follows:

    “Sec. 25.  1.  On or before December 31, 2004, the Commissioner of Insurance shall prepare a report and submit the report to the Governor and the Legislature. The report must address:

    (a) The operation of sections 2 to 15, inclusive, of this act;

    (b) The efficacy, necessity and desirability of using credit information in making decisions related to insurance;

    (c) The impacts upon the residents of Nevada of the continued use of credit information in making decisions related to insurance; and

    (d) Any additional consumer protections identified by the Commissioner for the consideration of the Legislature.

    2.  As used in this section, “credit information” has the meaning ascribed to it in section 7 of this act.

    Sec. 26.  1.  This section and sections 1 and 16 to 25, inclusive, of this act become effective on October 1, 2003.

    2.  Sections 1.5 to 15, inclusive, of this act become effective on July 1, 2004.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to insurance; restricting the use by an insurer of information included in the consumer credit report of an applicant or policyholder as a basis for making certain determinations and taking certain actions regarding policies of insurance, and providing for related procedures, duties, restrictions and exceptions; 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 hearing 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; requiring the Commissioner to prepare and submit to the Governor and the Legislature a report concerning certain matters relating to the use of credit information in making decisions related to insurance; and providing other matters properly relating thereto.”.

    Assemblywoman Leslie moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 319.

    Remarks by Assemblymen Leslie and Goldwater.

    Motion carried by a constitutional majority.

Consideration of Senate Amendments

    Assembly Bill No. 533.

    The following Senate amendment was read:

    Amendment No. 963.

    Amend sec. 19, page 19, by deleting lines 11 through 24 and inserting:

    “(b) To cause such list and valuations to be published once on or before January 1 of the fiscal year in which assessment is made in a newspaper of general circulation in the county.

In addition to complying with paragraph (a) or (b), the list and valuations may also be posted in a public area of the public libraries and branch libraries located in the county, in a public area of the county courthouse and the county office building in which the county assessor’s office is located, and on a website or other Internet site that is operated or administered by or on behalf of the county or county assessor.”.

    Assemblyman Parks moved that the Assembly concur in the Senate amendment to Assembly Bill No. 533.

    Remarks by Assemblyman Parks.

    Motion carried by a constitutional majority.

    Bill ordered to enrollment.

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 504.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Senate Bill No. 505.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Senate Bill No. 506.

    Assemblyman Oceguera moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

        There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 30, 32, 40, 132, 155, 257, 353, 355, 392, 498, 519, 521 and 549; Senate Bills Nos. 221, 352, 464, and 500.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Nacey M. Saitta.

    On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Tom Dickman and
Jill Dickman.

    On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Keith Olson.

 

    On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Lynn Vertner.

    Assemblywoman Buckley moved that the Assembly adjourn until Monday, June 2, 2003, at 10:00 a.m.

    Motion carried.

    Assembly adjourned at 7:06 p.m. 

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly