SENATE DAILY JOURNAL
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THE ONE HUNDRED AND SIXTY-SEVENTH DAY
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Carson City (Saturday), July 5, 1997
Senate called to order at 11:30 a.m.
President Hammargren presiding.
Roll called.
All present.
Prayer by the Reverend Bruce Kochsmeier.
Everlasting God,
In the midst of weariness how good it is to turn our hearts to You; to know that You are there; that Your great desire is that we know Your love for us. Thank You Lord that we can put our trust in You; that when computers and schedules and the frailty of humanity fails, we can depend on You to carry us through the days and nights of this short life.
In the closing hours of this session, give Your servants in this room the grace and endurance to persevere; to be wise and strong to do Your will. Let them hear Your voice. Give them the ability to hear one another and most of all to follow Your way for the good of this state and the glory of Your kingdom. As they labor to complete the task You have set before them, "let the words, "It is finished" bring new meaning to each of their lives.
We pray these things thanking You for Your faithfulness reflected in every person who has labored in this session.
Amen. Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
Randolph J. Townsend,
Chairman
Mr. President:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 504, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Randolph J. Townsend,
Chairman
Mr. President:
Your Committee on Finance, to which were referred Senate Bills Nos. 174, 470; Assembly Bill No. 356, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio,
Chairman
Mr. President:
Your Committee on Finance, to which were referred Senate Bills Nos. 437, 491, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William J. Raggio,
Chairman
Mr. President:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 5, 349, 363, 425, 527, 547, 608, 630, 650; Assembly Joint Resolution No. 5, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Ann O'Connell,
Chairman
Mr. President:
Your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 474, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Raymond D. Rawson,
Chairman
Mr. President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 667, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Raymond D. Rawson,
Chairman
Mr. President:
Your Committee on Judiciary, to which was referred Assembly Bill No. 595, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mark A. James,
Chairman
Mr. President:
Your Committee on Natural Resources, to which was referred Assembly Bill No. 531, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Dean A. Rhoads,
Chairman
Mr. President:
Your Committee on Transportation, to which were referred Assembly Bills Nos. 3, 96, 365, 496, 529, 546, 584, 623, 633, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mike McGinness,
Chairman
Assembly Chamber, Carson City, July 4, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 235, 283, 293, 302, 310, 320, 427, 461, 463, 468, 493.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bills Nos. 12, 285, 318, 464, and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 46.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 353, 482.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to concur in the Senate amendment to Assembly Bill No. 208.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 314 and requests a conference, and appointed Assemblymen Buckley, Segerblom and Amodei as a first Committee on Conference to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Senate Bill No. 38, and appointed Assemblymen Williams, Amodei and Herrera as a second Committee on Conference to meet with a like committee of the Senate for further consideration of Senate Bill No. 38.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
Senate Bill No. 368.
The following Assembly amendment was read:
Amendment No. 1057.
Amend section 1, page 2, line 24, after "notification" by inserting:
"of a final written decision".
Amend section 1, page 2, after line 33, by inserting:
"7. As used in this section, "substantiated claims for wages" has the meaning ascribed to it in section 2 of this act.".
Amend sec. 2, page 3, lines 2 and 3, by deleting:
"notice and hearing" and inserting:
"providing notice and conducting a hearing pursuant to the provisions of this chapter.".
Amend the title of the bill to read as follows:
Senate Bill No. 446.
The following Assembly amendment was read:
Amendment No. 1071.
Amend section 1, page 1, line 13, by deleting the brackets.
Amend the title of the bill by deleting the third and fourth lines and inserting:
"marriage licenses in certain counties; and".
Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 446.
Remarks by Senator O'Connell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 356.
The following Assembly amendment was read:
Amendment No. 1091.
Amend sec. 3.4, page 3, by deleting lines 38 and 39 and inserting:
"attorney or other public agency shall send a notice by first-class mail to the person who is".
Amend sec. 5, page 5, by deleting lines 14 and 15 and inserting:
"support for children shall send a notice by first-class mail to each person who [is] :".
Amend sec. 5, page 6, by deleting line 24 and inserting:
"6.] has complied with the subpoena or warrant or has satisfied the arrearage.
7. For the purposes of this section [:".
Amend sec. 5, page 6, by deleting lines 41 through 44 and inserting:
"(c) A] , a person shall be deemed to have received a notice 3 days after it is mailed, by first-class mail, postage prepaid, to that person at his last known address.".
Amend sec. 5.5, page 7, by deleting lines 3 and 4 and inserting:
"support for children shall send a notice by first-class mail to each person who [:".
Amend sec. 5.5, page 8, by deleting line 9 and inserting:
"[7.] 6. For the purposes of this section [, a] :".
Amend sec. 5.5, page 8, between lines 31 and 32, by inserting:
"(c) A person shall be deemed to have received a notice 3 days after it is mailed, by first-class mail, postage prepaid, to that person at his last known address.".
Amend sec. 39, page 24, lines 37 and 38, by deleting:
"inclusive [.] ," and inserting:
"inclusive, [and] section 1 of [this act.] Assembly Bill No. 594 of this session".
Amend sec. 119, page 56, line 25, by deleting "Every" and inserting:
"Except as otherwise provided in section 5 of [this act,] Senate Bill No. 355 of this session, every".
Amend sec. 519, page 206, line 21, by deleting "119," and inserting "118,".
Amend sec. 519, page 206, line 25, after "113," by inserting "119,".
Senator Rawson moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 356.
Motion carried.
Remarks by Senator O'Connell.
Bill ordered transmitted to the Assembly.
Senate Bill No. 424.
The following Assembly amendment was read:
Amendment No. 953.
Amend the bill as a whole by renumbering sections 1 through 4 as sections 2 through 5 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1 NRS 360.291 is hereby amended to read as follows:
360.291The legislature hereby declares that each taxpayer has the right:
1. To be treated by officers and employees of the department with courtesy, fairness, uniformity, consistency and common sense.
2. To a prompt response from the department to each communication from the taxpayer.
3. To provide the minimum documentation and other information as may reasonably be required by the department to carry out its duties.
4. To written explanations of common errors, oversights and violations that taxpayers experience and instructions on how to avoid such problems.
5. To be informed by the department whenever its officer, employee or agent determines that the taxpayer is entitled to an exemption or has been taxed or assessed more than is required by law.
6. To written instructions indicating how the taxpayer may petition for:
(a) An adjustment of an assessment; or
(b) A refund or credit for overpayment of taxes, interest or penalties.
7. To recover an overpayment of taxes promptly upon the final determination of such an overpayment.
8. To obtain specific advice from the department concerning taxes imposed by the state.
9. In any meeting with the department, including an audit, conference, interview or hearing:
(a) To an explanation by an officer or employee of the department that describes the procedures to be followed and the taxpayer's rights thereunder;
(b) To be represented by himself or anyone who is otherwise authorized by law to represent him before the department;
(c) To make an audio recording using the taxpayer's own equipment and at the taxpayer's own expense; and
(d) To receive a copy of any document or audio recording made by or in the possession of the department relating to the determination or collection of any tax for which the taxpayer is assessed, upon payment of the actual cost to the department of making the copy.
10. To a full explanation of the department's authority to assess a tax or to collect delinquent taxes, including the procedures and notices for review and appeal that are required for the protection of the taxpayer.
11. To the immediate release of any lien which the department has placed on real or personal property for the nonpayment of any tax when:
(a) The tax is paid;
(b) The period of limitation for collecting the tax expires;
(c) The lien is the result of an error by the department;
(d) The department determines that the taxes, interest and penalties are secured sufficiently by a lien on other property;
(e) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties;
(f) The release of the lien will facilitate the collection of the taxes, interest and penalties; or
(g) The department determines that the lien is creating an economic hardship.
12. To the release or reduction of a sales tax bond in accordance with applicable statutes and regulations.
13. To be free from investigation and surveillance by an officer, agent or employee of the department for any purpose that is not directly related to the administration of the provisions of this Title.
14. To be free from harassment and intimidation by an officer, agent or employee of the department for any reason.".
Amend section 1, page 1, line 2, by deleting:
"2, 3 and 4" and inserting:
"3, 4 and 5".
Amend sec. 2, page 1, by deleting line 3 and inserting:
"Sec. 3. 1. An ordinance adopted by a city or county after July 1,".
Amend sec. 2, page 1, line 8, by deleting "1." and inserting "(a)".
Amend sec. 2, page 1, line 9, by deleting "2." and inserting "(b)".
Amend sec. 2, page 1, by deleting lines 11 through 13 and inserting:
"2. An agenda that proposes such an ordinance must include a statement indicating whether the proposed ordinance establishes a new tax or fee, or increases an existing tax or fee.".
Amend sec. 4, page 3, line 1, by deleting "3" and inserting "4 ".
Amend sec. 4, page 3, line 6, by deleting "section 3" and inserting "section 4 ".
Amend the bill as a whole by renumbering sec. 5 as sec. 8 and adding new sections designated sections 6 and 7, following sec. 4, to read as follows:
"Sec. 6. NRS 365.210 is hereby amended to read as follows:
365.2101. No county, city or other political subdivision or municipal corporation may levy or collect any excise, privilege or occupation tax upon or measured by the receipt, storage, sale, distribution, transportation or use of motor vehicle fuel, fuel for jet or turbine-powered aircraft or any other inflammable or combustible liquids except:
(a) The county motor vehicle fuel tax authorized by chapter 373 of NRS.
(b) A tax on fuel for jet or turbine-powered aircraft authorized by NRS 365.203.
(c) Any motor vehicle fuel taxation in effect on January 1, 1935, in any city or town.
[(d) County and city business license taxes where otherwise authorized by law, except as otherwise provided in subsection 2.]
2. After March 25, 1991, no county, city or other political subdivision or municipal corporation responsible for the operation of an airport may impose a new tax or fee upon the sale or distribution of fuel for jet or turbine-powered aircraft except:
(a) A tax on fuel for jet or turbine-powered aircraft authorized by NRS 365.203.
(b) Any fuel flowage fee imposed upon aircraft or organizations servicing aircraft in lieu of rent for use of the terminal, landing fees or other airport charges.
Sec. 7. Section 3 of Senate Bill No. 223 of this session is hereby amended to read as follows:
Senate Bill No. 457.
The following Assembly amendment was read:
Amendment No. 1028.
Amend section 1, page 2, by deleting lines 3 through 11 and inserting:
"4. In addition to all other applicable registration and license fees and motor vehicle privilege taxes:
(a) A person who requests license plates that indicate status as a hall of fame athlete shall pay a fee to the department of $35.
(b) License plates that indicate status as a hall of fame athlete are renewable upon the payment to the department of $10.".
Amend section 1, page 2, line 33 by deleting the italicized comma.
Amend section 1, page 2, by deleting line 34 and inserting:
"or community college within the University and Community College System of Nevada.".
Senator O'Donnell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 457.
Remarks by Senator O'Donnell.
Motion carried.
Bill ordered transmitted to the Assembly.
Mr. President appointed Senators Regan, Adler and McGinness as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 398.
By the Committee on Finance:
Senate Bill No. 496--An Act relating to state employees; establishing a maximum allowed salary for certain employees in the unclassified service of the state; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 353.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 482.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 5.
Bill read third time.
Roll call on Assembly Bill No. 5:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 5 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 96.
Bill read third time.
Roll call on Assembly Bill No. 96:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 96 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 286.
Bill read third time.
Remarks by Senator Mathews.
Senator Mathews requested that her remarks be entered in the Journal.
Mr. President, it must be noted that the amended version of Assembly Bill No. 286 clarifies that the licensing and certification of nurses, even if they are also homeopathic practitioners, will remain under the jurisdiction of the Nevada State Board of Nursing, with its investigative and disciplinary responsibilities over complaints involving the jurisdiction of the practice of nursing.
Roll call on Assembly Bill No. 286:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 286 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 349.
Bill read third time.
Roll call on Assembly Bill No. 349:
Yeas -- 20.
Nays -- Neal.
Assembly Bill No. 349 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 363.
Bill read third time.
Remarks by Senators Coffin and O'Connell.
Roll call on Assembly Bill No. 363:
Yeas -- 20.
Nays -- Coffin.
Assembly Bill No. 363 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 365.
Bill read third time.
Roll call on Assembly Bill No. 365:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 365 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 425.
Bill read third time.
Roll call on Assembly Bill No. 425:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 425 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 496.
Bill read third time.
Roll call on Assembly Bill No. 496:
Yeas -- 20.
Nays -- None.
Not voting -- Townsend.
Assembly Bill No. 496 having received a two-thirds majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 527.
Bill read third time.
Roll call on Assembly Bill No. 527:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 527 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 529.
Bill read third time.
Roll call on Assembly Bill No. 529:
Yeas -- 19.
Nays -- Augustine, O'Connell - 2.
Assembly Bill No. 529 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 531.
Bill read third time.
Roll call on Assembly Bill No. 531:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 531 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 541.
Bill read third time.
Roll call on Assembly Bill No. 541:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 541 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 546.
Bill read third time.
Roll call on Assembly Bill No. 546:
Yeas -- 20.
Nays -- Adler.
Assembly Bill No. 546 having received a two-thirds majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 547.
Bill read third time.
Remarks by Senators Neal and O'Connell.
Roll call on Assembly Bill No. 547:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 547 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 584.
Bill read third time.
Remarks by Senators Adler, O'Donnell and Augustine.
Roll call on Assembly Bill No. 584:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 584 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 608.
Bill read third time.
Roll call on Assembly Bill No. 608:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 608 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 617.
Bill read third time.
Roll call on Assembly Bill No. 617:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 617 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 623.
Bill read third time.
Roll call on Assembly Bill No. 623:
Yeas -- 20.
Nays -- None.
Not voting -- Coffin.
Assembly Bill No. 623 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 630.
Bill read third time.
Remarks by Senators Coffin and O'Connell.
Roll call on Assembly Bill No. 630:
Yeas -- 20.
Nays -- Neal.
Assembly Bill No. 630 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 633.
Bill read third time.
Roll call on Assembly Bill No. 633:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 633 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 650.
Bill read third time.
Remarks by Senators Neal and O'Donnell.
Roll call on Assembly Bill No. 650:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 650 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 663.
Bill read third time.
Remarks by Senators Coffin, Townsend, O'Connell and Neal.
Roll call on Assembly Bill No. 663:
Yeas -- 18.
Nays -- Coffin, Neal - 2.
Not voting -- Mathews.
Assembly Bill No. 663 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 667.
Bill read third time.
Roll call on Assembly Bill No. 667:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 667 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Joint Resolution No. 5.
Resolution read third time.
Remarks by Senator Raggio.
Senator Raggio requested that the following remarks be entered in the Journal.
Thank you, Mr. President. I appreciate this opportunity and ask that my remarks be placed in the Journal.
Assembly Joint Resolution No. 5 would propose to amend the Constitution of Nevada to provide for limited annual legislative sessions. This is a follow-up to an agreement between the houses last session and with the sponsor of this bill and myself. We have already processed Assembly Joint Resolution No. 3 of the last session. That has also passed again this session and will therefore be on the ballot next election. That resolution provides for sessions limited to 120 days and also some other matters. While I do not personally favor, at this point in time, annual sessions I am going to support this measure because I have agreed, in that sense, to allow the measure to be processed this session and next session and it will also go on the ballot so that the public can vote on both issues. The public will now have the opportunity, next election, to vote on 120 day limits. The measures would be on the ballot, next election, that not only provide for limited sessions but also provide for annual sessions. For those reasons, I will support the measure.
Roll call on Assembly Joint Resolution No. 5:
Yeas -- 14.
Nays -- Augustine, James, O'Connell, Rawson, Rhoads, Schneider, Titus - 7.
Assembly Joint Resolution No. 5 having received a constitutional majority, Mr. President declared it passed.
Resolution ordered transmitted to the Assembly.
Senate Bill No. 470.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1209.
Amend sec. 4, page 2, lines 38 and 39, by deleting:
"legislative appropriations and other".
Amend sec. 5, page 2, lines 43 and 44, by deleting:
"assistance to the medically indigent," and inserting "Medicaid,".
Amend sec. 5, page 3, lines 8 and 9, by deleting:
"assistance to the medically indigent." and inserting "Medicaid.".
Amend sec. 5, page 3, line 16, by deleting the italicized period and inserting:
"or to carry out the provisions of sections 2 and 3 of this act.".
Amend the bill as a whole by deleting sec. 6 and adding new sections, designated sections 6 and 7, following sec. 5, to read as follows:
"Sec. 6. Section 39 of Assembly Bill No. 13 of this session is hereby amended to read as follows:
Senate Bill No. 474.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 1204.
Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
"Section 1. 1. In carrying out its duties regarding the administration of Medicaid, the welfare division of the department of human resources shall:
(a) Study the feasibility of establishing an electronic system for the management of pharmaceutical claims that provides for:
(1) The on-line adjudication of pharmaceutical claims;
(2) The review of the use of pharmaceutical services;
(3) The review of pharmaceutical therapy at the point of sale to identify potential problems in that therapy, including, without limitation, any incorrect dosage, adverse interaction, contraindication, therapeutic duplication, incorrect duration of treatment and clinical abuse or misuse; and
(4) If necessary, the ability to link to and share appropriate information with managed care organizations that enter into contracts with the welfare division; and
(b) On or before September 1, 1998, submit its findings and recommendations to the legislative committee on health care.
2. The legislative committee on health care shall:
(a) Review the findings and recommendations of the welfare division; and
(b) On or before January 31, 1999, submit the findings and recommendations of the legislative committee on health care to the 70th session of the Nevada legislature.
Sec. 2. 1. On or before October 1, 1999, except as otherwise provided in subsection 3, in carrying out its duties regarding the administration of Medicaid, the welfare division of the department of human resources may enter into a contract for the provision of pharmaceutical services through managed care to recipients of Medicaid if the welfare division and the legislative committee on health care determine that such a contract:
(a) Is cost effective;
(b) Is the most convenient method of providing pharmaceutical services to the recipients of Medicaid; and
(c) Includes access to pharmacies licensed in this state to the maximum extent possible.
2. If the welfare division enters into a contract pursuant to subsection 1, except for any limitations on coverage provided pursuant to 42 U.S.C. § 1396r-8(d)(2) or (6), the contract must provide for reimbursement for the dispensing of a drug to a recipient of Medicaid, without requiring any prior or retroactive approval, if the drug:
(a) Has been approved or designated as safe and effective by the Food and Drug Administration; and
(b) Is prescribed by a physician who determines that the drug is appropriate for the diagnosis or treatment of the recipient of Medicaid.
3. The provisions of this section do not apply to a contract that provides services only to recipients who are eligible to receive benefits pursuant to:
(a) The program established to provide temporary assistance for needy families pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.) and other provisions of that act relating to temporary assistance for needy families; or
(b) The child health assurance program established pursuant to 42 U.S.C. § 1396a(a)(10)(A)(i)(IV), (VI) or (VII).
Sec. 3. This act becomes effective upon passage and approval.".
Amend the title of the bill by deleting the first through fourth lines and inserting:
Assembly Bill No. 356.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1206.
Amend sec. 3, page 3, line 38, by deleting "including" and inserting:
"including, without limitation,".
Amend sec. 3, page 3, line 41, by deleting "child's welfare;" and inserting:
"welfare of the child;".
Amend sec. 3, page 4, by deleting line 7 and inserting:
"(g) The guardian ad litem of the child;".
Amend sec. 3, page 4, line 28, by deleting "[or".
Amend sec. 3, page 4, line 29, before "(n)]" by inserting an open bracket.
Amend sec. 3, page 4, by deleting line 37 and inserting:
"alleged to have committed the abuse or neglect; [or
(o)] (q) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court [.".
Amend sec. 3, page 4, line 39, by deleting "(q)" and inserting "(r)".
Amend sec. 3, page 5, by deleting lines 19 and 20 and inserting:
"5. Any person, except for:
(a) The subject of a report;
(b) A district attorney or other law enforcement officer initiating legal proceedings; or
(c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135,
who is given".
Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:
"Sec. 5.5. Section 2 of Senate Bill No. 205 of this session is hereby amended to read as follows:
Assembly Bill No. 504.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1203.
Amend section 1, page 1, by deleting line 2 and inserting:
"a new section to read as follows:
1. Any:
(a) Teacher who, as part of the program to provide pupils with the skills to make the transition from school to work established pursuant to NRS 388.368, works without pay for an employer other than the school district, university or community college with which the teacher is employed, and is not specifically covered by any other provisions of chapters 616A to 616D, inclusive, of NRS, while engaging in that work; or
(b) Pupil who, as part of the program to provide pupils with the skills to make the transition from school to work established pursuant to NRS 388.368, works without pay for an employer,
shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of that employer at the wage of $900 per month. The teacher or pupil is entitled to the benefits of those chapters when the employer complies with the provisions of those chapters and the regulations adopted pursuant thereto.
2. A person who is insured by the system and is deemed to be the employer of a teacher or pupil pursuant to subsection 1 shall:
(a) Report to the insurer the name of the teacher or pupil and the classification of risk assigned for the teacher or pupil; and
(b) Pay the premium for each month or portion thereof for which the teacher or pupil performs work without pay for the employer.".
Amend the bill as a whole by deleting sections 2 and 3 and inserting:
"Secs. 2 and 3. (Deleted by amendment.)".
Amend sec. 4, page 2, line 10, by deleting:
"sections 2 and 3" and inserting "section 1".
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 200.
Bill read third time.
Roll call on Senate Bill No. 200:
Yeas -- 21.
Nays -- None.
Senate Bill No. 200 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 491.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Senate Bill No. 491:
Yeas -- 21.
Nays -- None.
Senate Bill No. 491 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 17.
Bill read third time.
Roll call on Assembly Bill No. 17:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 17 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 375.
Bill read third time.
Roll call on Assembly Bill No. 375:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 375 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 578.
Bill read third time.
Roll call on Assembly Bill No. 578.
Yeas--19.
Nays--None.
Not voting--Coffin, Porter--2.
Assembly Bill No. 578 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 602.
Bill read third time.
Roll call on Assembly Bill No. 602:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 602 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 613:
Bill read third time.
Remarks by Senators Neal and McGinness.
Roll call on Assembly Bill No. 613.
Yeas--20.
Nays--James.
Assembly Bill No. 613 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Mr. President appointed Senators Schneider, O'Connell and Shaffer as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 314.
Assembly Chamber, Carson City, July 5, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate amendments to Assembly Bills Nos. 471, 628; Assembly Concurrent Resolution No. 28.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the second Committee on Conference concerning Senate Bill No. 122.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Senate Bill No. 167.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
Senator Raggio moved that the Senate recess until 4:30 p.m.
Motion carried.
Senate in recess at 1:32 p.m.
At 6:55 p.m.
President Hammargren presiding.
Quorum present.
Randolph J. Townsend,
Chairman
Mr. President:
Your Committee on Finance, to which were referred Senate Bills Nos. 432, 433, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William J. Raggio,
Chairman
Mr. President:
Your Committee on Finance, to which were referred Senate Bills Nos. 495, 496; Assembly Bills Nos. 6, 183, 259, 519, 558, 647, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William J. Raggio,
Chairman
Mr. President:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 82, 330, 379, 501, 508, 570, 576, 662, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Ann O'Connell,
Chairman
Mr. President:
Your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 144, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Raymond D. Rawson,
Chairman
Mr. President:
Your Committee on Taxation, to which were referred Senate Bill No. 494; Assembly Bill No. 482, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mike McGinness,
Chairman
Mr. President:
Your Committee on Transportation, to which were referred Assembly Bills Nos. 455, 545, 552, 641, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William R. O'Donnell,
Chairman
Mr. President:
Your Committee on Transportation, to which were referred Senate Bill No. 451; Assembly Bill No. 415, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William R. O'Donnell,
Chairman
Assembly Chamber, Carson City, July 5, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 151, 271, 400, 492.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bills Nos. 187, 256, 436, and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 669, 670.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 280, 318.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolutions Nos. 57, 58, 59.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in Senate Amendments Nos. 1080, 1151, and respectfully refused to concur in Senate Amendment No. 1020 to Assembly Bill No. 170.
Also, I have the honor to inform your honorable body that the Assembly on this day refused to concur in the Senate amendments to Assembly Bill No. 191.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 331 and requests a conference, and appointed Assemblymen Buckley, Herrera and Berman as a first Committee on Conference to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 489 and requests a conference, and appointed Assemblymen Arberry, Marvel and Hettrick as a first Committee on Conference to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 356 and requests a conference, and appointed Assemblymen Freeman, Berman and Von Tobel as a first Committee on Conference to meet with a like committee of the Senate.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Bache, Ernaut and Buckley as a first Committee on Conference concerning Assembly Bill No. 366.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
Assembly Concurrent Resolution No. 58.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Resolution adopted.
Assembly Concurrent Resolution No. 59.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Resolution adopted.
Senator O'Donnell moved that Assembly Bill No. 451 be taken from the Secretary's desk and placed on General File.
Remarks by Senator O'Donnell.
Motion carried.
Senator Raggio moved that Assembly Joint Resolution No. 14 of the 68th Session be taken from the Secretary's desk and placed on General File.
Remarks by Senator Raggio.
Motion carried.
Senator Adler moved that the adoption of Amendment No. 1214 to Assembly Bill No. 536 be rescinded.
Remarks by Senator Adler.
Motion carried.
Assembly Bill No. 318.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 669.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 670.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Senate Bill No. 451.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 1223.
Amend the bill as a whole by deleting sections 1 and 2 and inserting new sections designated sections 1 through 48 and the text of repealed sections, following the enacting clause, to read as follows:
"Section 1. NRS 703.010 is hereby amended to read as follows:
703.010As used in this chapter:
1. "Commission" means the public service commission of Nevada.
2. "Fully regulated carrier" has the meaning ascribed to it in NRS 706.072.
3. "Tow car" has the meaning ascribed to it in NRS 706.131.
4. "Towing services" has the meaning ascribed to it in section 9 of this act.
Sec. 2 NRS 703.191 is hereby amended to read as follows:
703.1911. Each public utility, fully regulated carrier , operator of a tow car and broker of services regulated by the commission shall:
(a) Keep uniform and detailed accounts of all business transacted in the manner required by the commission by regulation, and render them to the commission upon its request.
(b) Furnish an annual report to the commission in the form and detail which it prescribes by regulation.
The regulations of the commission may not require an operator of a tow car to keep accounts and report information concerning towing services other than information that is necessary to permit the commission to enforce the provisions of NRS 706.010 to 706.791, inclusive.
2. Except as otherwise provided in subsection 3, the reports required by this section must be prepared for each calendar year and submitted not later than May 15 of the year following the year for which the report is submitted.
3. A motor carrier may, with the permission of the commission, prepare the reports required by this section for a year other than a calendar year which the commission specifies, and submit them not later than a date specified by the commission in each year.
4. If the commission finds that necessary information is not contained in a report submitted pursuant to this section, it may call for the omitted information at any time.
Sec. 3 NRS 703.310 is hereby amended to read as follows:
703.3101. When a complaint is made against any public utility, fully regulated carrier , [or] broker of regulated services or operator of a tow car by any person, that [any] :
(a) Any of the rates, tolls, charges or schedules, or any joint rate or rates assessed by any public utility, fully regulated carrier or broker of regulated services are in any respect unreasonable or unjustly discriminatory [, or that any] ;
(b) Any of the rates, tolls, charges or schedules, or any joint rate or rates assessed by any operator of a tow car for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle is unreasonable or unjustly discriminatory;
(c) Any of the provisions of NRS 706.446 to 706.453, inclusive, and sections 10, 11 and 11.5 of this act have been violated;
(d) Any regulation, measurement, practice or act directly relating to the transportation of persons or property, including the handling and storage of that property, or the service of any broker in connection therewith, or any regulation, measurement, practice or act affecting or relating to the production, transmission or delivery or furnishing of heat, light, gas, coal slurry, water or power, or any service in connection therewith or the transmission thereof is, in any respect, unreasonable, insufficient or unjustly discriminatory [, or that any] ; or
(e) Any service is inadequate,
the division of consumer relations of the commission shall investigate the complaint. After receiving the complaint, the division shall give a copy of it to the public utility, carrier , [or] broker or operator of a tow car against whom the complaint is made. Within a reasonable time thereafter, the public utility, carrier , [or] broker or operator of a tow car shall provide the division with its written response to the complaint according to the regulations of the commission.
2. If the division of consumer relations is unable to resolve the complaint, the division shall transmit the complaint, the results of its investigation and its recommendation to the commission. If the commission determines that probable cause exists for the complaint, it shall order a hearing thereof, give notice of the hearing and conduct the hearing as it would any other hearing.
3. No order affecting a rate, toll, charge, schedule, regulation, measurement, practice or act complained of may be entered without a formal hearing unless the hearing is dispensed with as provided in NRS 703.320.
Sec. 4 NRS 703.320 is hereby amended to read as follows:
703.3201. When, in any matter pending before the commission, a hearing is required by law, or is normally required by the commission, the commission shall give notice of the pendency of the matter to all persons entitled to notice of the hearing. The commission shall by regulation specify:
(a) The manner of giving notice; and
(b) Where not specified by law, the persons entitled to notice in each type of proceeding.
2. Unless, within 10 days after the date of the notice of pendency, a person entitled to notice of the hearing files with the commission a request that the hearing be held, the commission may dispense with a hearing and act upon the matter pending.
3. If a request for a hearing is filed, the commission shall give at least 10 days' notice of the hearing.
4. If an operator of a tow car files an application for a certificate of public convenience and necessity or an application to transfer a certificate of public convenience and necessity with the commission, the commission shall give notice pursuant to the provisions of subsection 1.
Sec. 5 NRS 703.374 is hereby amended to read as follows:
703.3741. A court of competent jurisdiction, after hearing, may issue an injunction suspending or staying any final order of the commission if:
(a) The applicant has filed a motion for a preliminary injunction;
(b) The applicant has served the motion on the commission and other interested parties within 20 days after the rendition of the order on which the complaint is based;
(c) The court finds there is a reasonable likelihood that the applicant will prevail on the merits of the matter and will suffer irreparable injury if injunctive relief is not granted; and
(d) The applicant files a bond or other undertaking to secure the adverse parties in such manner as the court finds sufficient.
2. The decision of the commission on each matter considered shall be deemed reasonable and just until set aside by the court, and in all actions for injunction or otherwise , the burden of proof is upon the party attacking or resisting the order of the commission to show by clear and satisfactory evidence that the order is unlawful, or unreasonable, as the case may be.
3. If an injunction is granted by the court and the order complained of is one which permanently suspends a schedule of rates and charges or a part thereof filed by any public utility pursuant to NRS 704.070 to 704.110, inclusive, or by any fully regulated carrier or operator of a tow car pursuant to NRS 706.321 to 706.346, inclusive, or which otherwise prevents the schedule or any part thereof from taking effect, the public utility , [or] carrier or operator of a tow car complaining may keep in effect or put into effect, as the case may be, the suspended schedule or any part thereof pending final determination by the court having jurisdiction, by filing a bond with the court in such an amount as the court may fix, conditioned upon the refund to persons entitled to the excess amount if the rate or rates so suspended are finally determined by the court to be excessive.
Sec. 6 NRS 703.375 is hereby amended to read as follows:
703.3751. If a court determines that the rate or rates considered by the commission are excessive, and that the public utility , [or] fully regulated carrier or operator of a tow car has collected those excessive rates, the public utility , [or] carrier or operator of a tow car shall compute and refund the excess or overpayment of the rate or rates pursuant to a plan approved by the commission:
(a) For public utilities, within 60 days after the entry of the final judgment of the court.
(b) For carriers [,] or operators of tow cars, within 120 days after the entry of the final judgment of the court.
2. The public utility , [or] carrier or operator of a tow car shall prepare and file with the commission a statement and report in affidavit form stating that all money has been refunded according to the approved plan, and if there are persons to whom payment has not or cannot be made, the names, addresses and individual amounts of the refund must be listed in the report. The statement and report must be filed with the commission:
(a) By the public utility within 90 days after the entry of final judgment.
(b) By the carrier or operator of a tow car within 150 days after the entry of final judgment.
The public utility , [and the] carrier or operator of a tow car shall pay the aggregate amount of the unpaid refunds to the commission.
3. The commission shall:
(a) Retain the aggregate refunds in the public service commission regulatory fund subject to the claim of each person entitled thereto for his share in the refund; and
(b) Pay all valid claims which are presented for payment within 2 years after the date of the entry of final judgment of the court.
All claimants must identify themselves to the satisfaction of the commission before payment may be made.
4. Any person has a right of action against the commission in the event of a refusal of the commission to pay his claim if the person's name appears in the report filed by the public utility [or carrier.] , carrier or operator of a tow car. This action against the commission must be brought within 6 months after the refusal to pay the claim.
5. The commission shall investigate every case in which a claim is presented to it by a person claiming a refund [under] pursuant to a plan submitted by a public utility , [or] carrier or operator of a tow car which was approved by the commission. If the investigation results in a refusal by the public utility , [or] carrier or operator of a tow car to pay a valid claim, [then] the claimant has a right of action against the public utility [or carrier.] , carrier or operator of a tow car.
6. Any unclaimed money which remains in the custody of the commission at the expiration of the 2-year period escheats to [the] this state.
Sec. 7 Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 11.5, inclusive, of this act.
Sec. 8 "Tilt bed" includes the bed of a truck onto which a vehicle may be hoisted and secured for transport.
Sec. 9 "Towing services" includes the process of towing a vehicle, the storage of that vehicle, the storage of items found in that vehicle and the process of preparing and satisfying any liens against that vehicle to which the operator is entitled.
Sec. 10 The commission may not regulate the:
1. Geographical area in which towing services are provided;
2. Types of towing services that are provided; or
3. Rates and charges assessed or the terms and conditions imposed for towing services performed with the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle,
by an operator of a tow car.
Sec. 11 1. An operator of a tow car who is issued a certificate of public convenience and necessity may transfer it to another operator of a tow car qualified pursuant to the provisions of NRS 706.011 to 706.791, inclusive, but no such transfer is valid for any purpose until a joint application to make the transfer is made to the commission by the transferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor. No transfer of stock of a corporate operator of a tow car subject to the jurisdiction of the commission is valid without the prior approval of the commission if the effect of the transfer would be to change the corporate control of the operator of a tow car or if a transfer of 15 percent or more of the common stock of the operator of a tow car is proposed.
2. The commission shall approve an application filed with it pursuant to subsection 1 if it determines that the transferee:
(a) Complies with the provisions of NRS 706.011 to 706.791, inclusive, and the regulations adopted by the commission pursuant to those provisions;
(b) Uses equipment that is in compliance with the regulations adopted by the commission;
(c) Has provided evidence that he has filed with the commission a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and
(d) Has provided evidence that he has filed with the commission schedules and tariffs pursuant to NRS 706.321 which contain rates and charges and the terms and conditions that the operator of the tow car requires to perform towing services without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle which do not exceed the rates and charges that the transferor was authorized to assess for the same services.
3. The commission may hold a hearing concerning an application submitted pursuant to this section only if:
(a) Upon the expiration of the time fixed in the notice that an application for transfer of a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the commission; or
(b) The commission finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 2.
4. The commission shall not hold a hearing on an application submitted pursuant to this section if the application is made to transfer the certificate of public convenience and necessity from a natural person or partners to a corporation whose controlling stockholders will be substantially the same person or partners.
5. The approval by the commission of an application for transfer of a certificate of public convenience and necessity of an operator of a tow car is not valid after the expiration of the term for the transferred certificate.
Sec. 11.5. 1. Each operator of a tow car shall file its charges for preparing or satisfying a lien to which the operator is entitled against a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle. The commission may investigate any charge filed pursuant to this subsection and revise the charge as necessary to ensure that the charge is reasonable.
2. An operator of a tow car may not impose a charge or any part of a charge filed pursuant to subsection 1 unless the operator:
(a) Has initiated the procedure by which a person may satisfy a lien; and
(b) Stores the vehicle for at least 96 hours.
3. If an operator of a tow car stores a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle for at least 96 hours but not more than 336 hours, the operator may charge an amount not to exceed 50 percent of the charge approved by the commission pursuant to subsection 1 for preparing or satisfying a lien.
4. If an operator of a tow car stores a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle for more than 336 hours, the operator may charge an amount not to exceed 50 percent of the charge approved by the commission pursuant to subsection 1 for preparing or satisfying a lien in addition to the amount charged pursuant to subsection 3.
Sec. 12 NRS 706.011 is hereby amended to read as follows:
706.011 As used in NRS [706.013] 706.011 to 706.791, inclusive, and sections 8 to 11.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, and sections 8 and 9 of this act have the meanings ascribed to them in those sections.
Sec. 13 NRS 706.051 is hereby amended to read as follows:
706.051 "Contract motor carrier" means any person or operator engaged in transportation by motor vehicle of passengers or [property] household goods for compensation [under] pursuant to continuing contracts with one person or a limited number of persons:
1. For the furnishing of transportation services through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served;
2. For the furnishing of transportation services designed to meet the distinct need of each individual customer; and
3. Not operating as a common motor carrier of passengers or property.
Sec. 14 NRS 706.131 is hereby amended to read as follows:
706.131 "Tow car" means a vehicle which is designed or modified and equipped for and is used exclusively in the business of towing or transporting disabled vehicles by means of a crane, hoist, tow bar, towline , tilt bed or dolly, or is otherwise exclusively used to render assistance to disabled vehicles or to tow any vehicle which is being impounded by any law enforcement agency, removed from any unauthorized parking area or which is otherwise required to be transported by tow car at the request of the owner of [such] the vehicle or any other authorized person.
Sec. 15 NRS 706.151 is hereby amended to read as follows:
706.1511. It is hereby declared to be the purpose and policy of the legislature in enacting this chapter:
(a) Except to the extent otherwise provided in NRS 706.881 to 706.885, inclusive, to confer upon the commission the power and to make it the duty of the commission to regulate fully regulated carriers , operators of tow cars and brokers of regulated services to the extent provided in this chapter and to confer upon the department the power to license all motor carriers and to make it the duty of the department to enforce the provisions of this chapter and the regulations adopted by the commission pursuant to it, to relieve the undue burdens on the highways arising by reason of the use of the highways by vehicles in a gainful occupation thereon.
(b) To provide for reasonable compensation for the use of the highways in gainful occupations, and enable the State of Nevada, by using license fees, to provide for the proper construction, maintenance and repair thereof, and thereby protect the safety and welfare of the traveling and shipping public in their use of the highways.
(c) To provide for fair and impartial regulation, to promote safe, adequate, economical and efficient service and to foster sound economic conditions in motor transportation.
(d) To encourage the establishment and maintenance of reasonable charges for [intrastate] :
(1) Intrastate transportation by fully regulated carriers ; and
(2) Towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle,
without unjust discriminations against or undue preferences or advantages being given to any motor carrier or applicant for a certificate of public convenience and necessity.
(e) To discourage any practices which would tend to increase or create competition that may be detrimental to the traveling and shipping public or the motor carrier business within this state.
2. All of the provisions of this chapter must be administered and enforced with a view to carrying out the declaration of policy contained in this section.
Sec. 16 NRS 706.156 is hereby amended to read as follows:
706.1561. All common and contract motor carriers and brokers are hereby declared to be, to the extent provided in this chapter:
(a) Affected with a public interest; and
(b) Subject to NRS 706.011 to 706.791, inclusive.
2. [Fully regulated carriers are subject to the regulation of rates, charges and services by the commission.
3.] A purchaser or broker of transportation services which are provided by a common motor carrier who holds a certificate of public convenience and necessity may resell those services, in combination with other services and facilities that are not related to transportation, but only in a manner complying with the scope of authority set forth in the certificate of the common motor carrier. The commission shall not prohibit or restrict such a purchaser or broker from reselling those transportation services to any person based upon that person's affiliation, or lack of affiliation, with any group.
Sec. 17 NRS 706.166 is hereby amended to read as follows:
706.166The commission shall:
1. Subject to the limitation provided in NRS 706.168 and to the extent provided in this chapter, supervise and regulate [every] :
(a) Every fully regulated carrier and broker of regulated services in this state in all matters directly related to those activities of the motor carrier and broker actually necessary for the transportation of persons or property, including the handling and storage of that property, over and along the highways.
(b) Every operator of a tow car concerning the rates and charges assessed for towing services performed without the prior consent of the operator of the vehicle or the person authorized by the owner to operate the vehicle and pursuant to the provisions of NRS 706.010 to 706.791, inclusive.
2. Cooperate with the department in its issuance of permits by performing safety and operational investigations of all persons applying for a permit from the department to transport radioactive waste, and reporting its findings to the department.
3. Enforce the standards of safety applicable to the employees, equipment, facilities and operations of those common and contract carriers subject to the authority of the commission or the department by:
(a) Providing training in safety;
(b) Reviewing and observing the programs or inspections of the carrier relating to safety; and
(c) Conducting inspections relating to safety at the operating terminals of the carrier.
4. To carry out the policies expressed in NRS 706.151, adopt regulations providing for agreements between two or more fully regulated carriers or two or more operators of tow cars relating to:
(a) Fares [;
(b) Rates;] of fully regulated carriers;
(b) All rates of fully regulated carriers and rates of operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle;
(c) Classifications;
(d) Divisions;
(e) Allowances; and
(f) [Charges,] All charges of fully regulated carriers and charges of operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle, including charges between carriers and compensation paid or received for the use of facilities and equipment.
These regulations may not provide for collective agreements which restrain any party from taking free and independent action.
Sec. 18 NRS 706.169 is hereby amended to read as follows:
706.169The department shall:
1. Regulate the activities of common and contract carriers of property other than fully regulated carriers [.] and operators of tow cars.
2. Regulate the licensing of private motor carriers of property used for private commercial enterprises on any highway in this state.
Sec. 19 NRS 706.285 is hereby amended to read as follows:
706.285All advertising by [a] :
1. A fully regulated carrier of intrastate commerce ; and
2. An operator of a tow car,
must include the number of the certificate of public convenience and necessity or contract carrier's permit issued to him by the commission.
Sec. 20 NRS 706.311 is hereby amended to read as follows:
706.3111. [Every] Except as otherwise provided in subsection 2, every common and contract motor carrier is required to furnish reasonably adequate service and facilities , and all transportation charges made by any such carrier [shall] must be just and reasonable.
2. Every operator of a tow car is required to furnish reasonably adequate service and facilities, and all charges assessed for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle must be just and reasonable.
3. Every unjust and unreasonable charge for service by any such carrier or operator of a tow car is prohibited and [declared] shall be deemed to be unlawful.
Sec. 21 NRS 706.321 is hereby amended to read as follows:
706.3211. [Every] Except as otherwise provided in subsection 2, every common or contract motor carrier shall file with the commission:
(a) Within a time to be fixed by the commission, schedules and tariffs [which must be] that must:
(1) Be open to public inspection [, showing] ; and
(2) Include all rates, fares and charges which the carrier has established and which are in force at the time of filing for any service performed in connection therewith by any carrier controlled and operated by it.
(b) As a part of that schedule, all regulations of the carrier that in any manner affect the rates or fares charged or to be charged for any service [.] and all regulations of the carrier that the carrier has adopted to comply with the provisions of NRS 706.010 to 706.791, inclusive.
2. Every operator of a tow car shall file with the commission:
(a) Within a time to be fixed by the commission, schedules and tariffs that must:
(1) Be open to public inspection; and
(2) Include all rates and charges for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle which the operator has established and which are in force at the time of filing.
(b) As a part of that schedule, all regulations of the operator of the tow car which in any manner affect the rates charged or to be charged for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle and all regulations of the operator of the tow car that the operator has adopted to comply with the provisions of NRS 706.010 to 706.791, inclusive.
3. No changes may be made in any schedule, including schedules of joint rates, or in the regulations affecting any rates or charges, except upon 30 days' notice to the commission, and all those changes must be plainly indicated on any new schedules filed in lieu thereof 30 days before the time they are to take effect. The commission, upon application of any carrier, may prescribe a shorter time within which changes may be made. The 30 days' notice is not applicable when the carrier gives written notice to the commission 10 days before the effective date of its participation in a tariff bureau's rates and tariffs, provided the rates and tariffs have been previously filed with and approved by the commission.
[3.] 4. The commission may at any time, upon its own motion, investigate any of the rates, fares, charges, regulations, practices and services [,] filed pursuant to this section and, after hearing, by order, make such changes as may be just and reasonable.
[4.] 5. The commission may dispense with the hearing on any change requested in rates, fares, charges, regulations, practices or service [.
5.] filed pursuant to this section.
6. All rates, fares, charges, classifications and joint rates, regulations, practices and services fixed by the commission are in force, and are prima facie lawful, from the date of the order until changed or modified by the commission, or pursuant to NRS 703.373 to 703.376, inclusive.
[6.] 7. All regulations, practices and service prescribed by the commission must be enforced and are prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, pursuant to the provisions of NRS 703.373 to 703.376, inclusive, or until changed or modified by the commission itself upon satisfactory showing made.
Sec. 22 NRS 706.323 is hereby amended to read as follows:
706.3231. Except as otherwise provided in subsection 2, the commission may not investigate, suspend, revise or revoke any rate that is subject to the approval of the commission pursuant to NRS 706.321 and proposed by a common motor carrier or contract motor carrier because the rate is too high or too low and therefore unreasonable if:
(a) The motor carrier notifies the commission that it wishes to have the rate reviewed by the commission pursuant to this subsection; and
(b) The rate resulting from all increases or decreases within 1 year is not more than 10 percent above or 10 percent below the rate in effect 1 year before the effective date of the proposed rate.
2. This section does not limit the commission's authority to investigate, suspend, revise or revoke a proposed rate if the rate would violate the provisions of NRS 706.151.
Sec. 23 NRS 706.326 is hereby amended to read as follows:
706.3261. Whenever there is filed with the commission pursuant to NRS 706.321 any schedule or tariff stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule or tariff resulting in a discontinuance, modification or restriction of service, the commission may [enter upon] commence an investigation or, upon reasonable notice, [enter upon] hold a hearing concerning the propriety of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.
2. Pending the investigation or hearing and the decision thereon, the commission, upon delivering to the common or contract motor carrier affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of the schedule or tariff and defer the use of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for a longer period than 150 days beyond the time when the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.
3. After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.
4. The commission shall determine whether it is necessary to hold a hearing [shall be held] to consider the proposed change in any schedule stating a new or revised individual or joint rate, fare or charge. In making that determination , the commission shall consider all timely written protests, any presentation the staff of the commission may desire to present, the application and any other matters deemed relevant by the commission.
Sec. 24 NRS 706.331 is hereby amended to read as follows:
706.3311. If, after due investigation and hearing, any authorized rates, tolls, fares, charges, schedules, tariffs, joint rates or any regulation, measurement, practice, act or service that is subject to the approval of the commission is complained of and is found to be unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise in violation of the provisions of this chapter, or if it is found that the service is inadequate, or that any reasonable service cannot be obtained, the commission may substitute therefor such other rates, tolls, fares, charges, tariffs, schedules or regulations, measurements, practices, service or acts and make an order relating thereto as may be just and reasonable.
2. When complaint is made of more than one matter, the commission may order separate hearings upon the several matters complained of at such times and places as it may prescribe.
3. No complaint may at any time be dismissed because of the absence of direct damage to the complainant.
4. The commission may at any time, upon its own motion, investigate any of the matters listed in subsection 1, and, after a full hearing , [as above provided,] by order, make such changes as may be just and reasonable, the same as if a formal complaint had been made.
Sec. 25 NRS 706.341 is hereby amended to read as follows:
706.341 [No]
1. An operator of a tow car shall, in the manner prescribed by the commission, notify the commission if the operator discontinues providing towing services from an operating terminal or establishes a new operating terminal from which a tow car provides towing services within 30 days after the operator discontinues providing towing services from an operating terminal or commences operations at the new terminal.
2. A common motor carrier , other than an operator of a tow car, authorized to operate by NRS 706.011 to 706.791, inclusive, shall not discontinue any service established [under] pursuant to the provisions of NRS 706.011 to 706.791, inclusive, and all other laws relating thereto and made applicable thereto by NRS 706.011 to 706.791, inclusive, without an order of the commission granted only after public notice or hearing in the event of protest.
Sec. 26 NRS 706.346 is hereby amended to read as follows:
706.3461. [A] Except as otherwise provided in subsection 3, a copy, or so much of the schedule or tariff as the commission determines necessary for the use of the public, [shall] must be printed in plain type and posted in every office of a common motor carrier where payments are made by customers or users, open to the public, in such form and place as to be readily accessible to the public and conveniently inspected.
2. [When] Except as otherwise provided in subsection 3, when a schedule or tariff of joint rates or charges is or may be in force between two or more [of such] common motor carriers or between any such carrier and a public utility, [such] the schedule or tariff [shall] must be printed and posted in [like manner.] the manner prescribed in subsection 1.
3. Only the rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle must be printed and posted by an operator of a tow car pursuant to subsections 1 and 2.
Sec. 27 NRS 706.386 is hereby amended to read as follows:
706.386 It is unlawful, except as otherwise provided in NRS 373.117 , 706.446, 706.453 and 706.745, for any fully regulated common motor carrier to operate as a carrier of intrastate commerce and any operator of a tow car to perform towing services within this state without first obtaining a certificate of public convenience and necessity from the commission.
Sec. 28 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 motor carrier [,] other than an operator of a tow car, the commission shall fix a time and place for hearing thereon.
2. The commission shall issue such a certificate if it finds that:
(a) The applicant is fit, willing and able to perform the services of a common motor carrier;
(b) The proposed operation will be consistent with the legislative policies set forth in NRS 706.151;
(c) The granting of the certificate will not unreasonably and adversely affect other carriers operating in the territory for which the certificate is sought; and
(d) The proposed service will benefit the traveling and shipping public and the motor carrier business in this state.
3. The commission shall not find that the potential creation of competition in a territory which may be caused by the granting of a certificate, by itself, will unreasonably and adversely affect other carriers operating in the territory for the purposes of paragraph (c) of subsection 2.
4. An applicant for such a certificate has the burden of proving to the commission that the proposed operation will meet the requirements of subsection 2.
5. The commission may issue a certificate of public convenience and necessity to operate as a common motor carrier or issue it for:
(a) The exercise of the privilege sought.
(b) The partial exercise of the privilege sought.
6. The commission may attach to the certificate such terms and conditions as, in its judgment, the public interest may require.
7. The commission 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.
Sec. 29 NRS 706.437 is hereby amended to read as follows:
706.4371. A common carrier of property, other than a carrier of household goods [,] or an operator of a tow car, shall not operate as a carrier in intrastate commerce without first obtaining written approval from the department.
2. In addition to obtaining written approval pursuant to subsection 1, a carrier seeking to transport radioactive waste shall also obtain from the department the specific permits that are otherwise required to transport such waste.
Sec. 30 NRS 706.446 is hereby amended to read as follows:
706.446[1. Any person who was engaged in the transportation of vehicles by the use of a tow car with an unladen weight of less than 9,000 pounds, on or before January 1, 1971, and who held himself out for hire for such towing, must be granted a certificate of public convenience and necessity if an application therefor:
(a) Is made within 90 days after July 1, 1971;
(b) Is accompanied by a filing fee of $25; and
(c) Contains satisfactory evidence of a lawful nature and scope of the applicant's operation existing on or before January 1, 1971.
2. Before issuing any certificate of public convenience and necessity for the transportation of vehicles by tow car, the commission shall set the rate levels and storage charges under which such operation may be conducted, but the commission is not precluded from establishing rate areas.
3. When issued, a certificate of public convenience and necessity must authorize the recipient to operate within the territory which the applicant substantiates by documentation between January 1, 1968, and January 1, 1971.
4. Any person who on July 1, 1971, holds a valid certificate of public convenience and necessity issued by the commission for the operation of a tow car with an unladen weight of 9,000 pounds or more must be granted the authority to operate a tow car with an unladen weight of less than 9,000 pounds within the territory substantiated pursuant to subsection 3, but in no event less than the territory set forth in such certificate of public convenience and necessity.
5.] The provisions of this chapter do not require an operator of a tow car who provides towing for a licensed motor club regulated pursuant to chapter 696A of NRS to obtain a certificate of public convenience and necessity or to comply with the regulations or rates adopted by the commission to provide that towing.
Sec. 31 NRS 706.4463 is hereby amended to read as follows:
706.44631. In addition to the other requirements of this chapter, each operator of a tow car shall, to protect the health, safety and welfare of the public:
(a) Obtain a certificate of [operation] public convenience and necessity from the commission before he provides any services other than those services which he provides as a private motor carrier of property pursuant to the provisions of this chapter;
(b) Use a tow car of sufficient size and weight which is appropriately equipped to transport safely the vehicle which is being towed; and
(c) Comply with the [other requirements] provisions of NRS [706.153 and 706.4463 to 706.4479, inclusive.] 706.011 to 706.791, inclusive.
2. A person who wishes to obtain a certificate of public convenience and necessity to operate a tow car must file an application with the commission.
3. The commission shall issue a certificate of [operation] public convenience and necessity to an operator of a tow car if it determines that the applicant:
(a) Complies with the requirements of paragraphs (b) and (c) of subsection 1;
(b) Complies with the requirements of the regulations adopted by the commission pursuant to the provisions of this chapter; [and]
(c) Has provided evidence that he has filed with the commission a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291 [.] ; and
(d) Has provided evidence that he has filed with the commission schedules and tariffs pursuant to subsection 2 of NRS 706.321.
4. An applicant for a certificate has the burden of proving to the commission that the proposed operation will meet the requirements of subsection 3.
5. The commission may hold a hearing to determine whether an applicant is entitled to a certificate only if:
(a) Upon the expiration of the time fixed in the notice that an application for a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the commission; or
(b) The commission finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 3.
Sec. 32 NRS 706.4483 is hereby amended to read as follows:
706.4483 1. The commission shall act upon complaints regarding the failure of an operator of a tow car to comply with the provisions of NRS [706.153 and 706.4463 to 706.4485,] 706.011 to 706.791, inclusive.
2. In addition to any other remedies that may be available to the commission to act upon complaints, the commission may order the release of towed motor vehicles, cargo or personal property upon such terms and conditions as the commission determines to be appropriate.
Sec. 33 NRS 706.4485 is hereby amended to read as follows:
706.4485 A law enforcement agency that maintains and [utilizes] uses a list of operators of tow cars which are called by that agency to provide towing shall not include an operator of a tow car on the list unless he:
1. Holds a certificate [to provide towing] of public convenience and necessity issued by the commission.
2. [Agrees to comply] Complies with all applicable provisions of chapters 482, 484 and 706 of NRS.
3. Agrees to respond in a timely manner to requests for towing made by the agency.
4. Maintains adequate, accessible and secure storage within the State of Nevada for any vehicle that is towed.
5. [Meets such other standards as] Complies with all standards the law enforcement agency may adopt to protect the health, safety and welfare of the public.
6. Assesses only rates and charges that have been approved by the commission for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle.
7. The commission shall not require that an operator of a tow car charge the same rate to law enforcement agencies for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle that the operator charges to other persons for such services.
Sec. 34 NRS 706.453 is hereby amended to read as follows:
706.453 The provisions of NRS [706.153, 706.4463 to 706.4485, inclusive, 706.449 and] 706.446 to 706.451 , inclusive, and sections 10, 11 and 11.5 of this act do not apply to automobile wreckers who are licensed pursuant to chapter 487 of NRS.
Sec. 35 NRS 706.461 is hereby amended to read as follows:
706.461When:
1. A complaint has been filed with the commission alleging that any vehicle is being operated without a certificate of public convenience and necessity or contract carrier's permit as required by NRS 706.011 to 706.791, inclusive; or
2. The commission has reason to believe that any:
(a) Person is advertising to provide [the] :
(1) The services of a fully regulated carrier in intrastate commerce ; or
(2) Towing services,
without including the number of his certificate of public convenience and necessity or permit in each advertisement; or
(b) Provision of NRS 706.011 to 706.791, inclusive, is being violated,
the commission shall investigate the operations or advertising and may, after a hearing, order the owner or operator of the vehicle or the person advertising to cease and desist from any operation or advertising in violation of NRS 706.011 to 706.791, inclusive. The commission shall enforce compliance with the order [under] pursuant to the powers vested in the commission by NRS 706.011 to 706.791, inclusive, or by other law.
Sec. 36 NRS 706.6411 is hereby amended to read as follows:
706.6411 1. All motor carriers [coming within the terms of] , other than operators of tow cars, regulated pursuant to NRS 706.011 to 706.791, inclusive, to whom the certificates, permits and licenses provided by NRS 706.011 to 706.791, inclusive, have been issued may transfer them to another carrier , other than an operator of a tow car, qualified [under] pursuant to NRS 706.011 to 706.791, inclusive, but no such transfer is valid for any purpose until a joint application to make the transfer has been made to the commission by the transferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor. No transfer of stock of a corporate motor carrier [under] subject to the jurisdiction of the commission is valid without the commission's prior approval if the effect of the transfer would be to change the corporate control of the carrier or if a transfer of 15 percent or more of the common stock of the carrier is proposed.
2. Except as otherwise provided in subsection 3, the commission shall fix a time and place for a hearing to be held unless the application is made to transfer the certificate from a natural person or partners to a corporation whose controlling stockholders will be substantially the same person or partners, and may hold a hearing to consider such an application.
3. The commission may also dispense with the hearing on the joint application to transfer if, upon the expiration of the time fixed in the notice thereof, no protest against the transfer of the certificate or permit has been filed by or in behalf of any interested person.
4. In determining whether or not the transfer of a certificate of public convenience and necessity or a permit to act as a contract motor carrier should be authorized, the commission shall consider:
(a) The service which has been performed by the transferor and that which may be performed by the transferee.
(b) Other authorized facilities for transportation in the territory for which the transfer is sought.
(c) Whether or not the transferee is fit, willing and able to perform the services of a common or contract motor carrier by vehicle and whether or not the proposed operation would be consistent with the legislative policy set forth in NRS 706.151.
5. Upon [such] a transfer [,] made pursuant to this section, the commission may make such amendments, restrictions or modifications in a certificate or permit as the public interest may require.
6. No transfer is valid beyond the life of the certificate, permit or license transferred.
Sec. 37 NRS 706.736 is hereby amended to read as follows:
706.7361. Except as otherwise provided in subsection 2, [none of] the provisions of NRS 703.191, 703.310, 703.374, 703.375 and 706.011 to 706.791, inclusive, do not apply to:
(a) The transportation by a contractor licensed by the state contractors' board of his own equipment in his own vehicles from job to job.
(b) Any person engaged in transporting his own personal effects in his own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise other than as provided in paragraph (d), or to the carriage of any property for compensation.
(c) Special mobile equipment.
(d) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.
(e) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.
(f) A private motor carrier of property which is used to attend livestock shows and sales.
2. Unless exempted by a specific state statute or a specific federal statute, regulation or rule, any person referred to in subsection 1 is subject to:
(a) The provisions of paragraph (d) of subsection [4] 1 of NRS 706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457 and 706.458.
(b) All rules and regulations adopted by reference pursuant to paragraph (b) of subsection [2] 1 of NRS 706.171 concerning the safety of drivers and vehicles.
(c) All standards adopted by regulation pursuant to NRS 706.173.
3. The provisions of NRS 706.311 to 706.453, inclusive, 706.471, 706.473, 706.475 and 706.6411 and sections 10, 11 and 11.5 of this act which authorize the commission to issue :
(a) Except as otherwise provided in paragraph (b), certificates of public convenience and necessity and contract carriers' permits and to regulate rates, routes and services apply only to fully regulated carriers.
(b) Certificates of public convenience and necessity to operators of tow cars and to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle apply to operators of tow cars.
4. Any person who operates [under] pursuant to a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to his actual operation as prescribed in this chapter, computed from the date when that operation began.
Sec. 38 NRS 706.756 is hereby amended to read as follows:
706.7561. 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, 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, or by the commission or the department pursuant to the provisions of NRS 706.011 to 706.861, inclusive;
(c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive;
(d) Fails to obey any order, decision or regulation of the commission or the department;
(e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation [;] of the commission 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;
(g) Advertises as providing [the] :
(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 canceled, 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 commission or department any certificate, permit, license or identifying device which has been suspended, canceled 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 violation of the provisions of NRS 706.386 or 706.421 shall be punished:
(a) For the first offense by a fine of not less than $500 nor more than $1,000;
(b) For a second offense within 12 consecutive months and each subsequent offense by a fine of $1,000; or
(c) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.
3. The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.
4. Any bail allowed must not be less than the appropriate fine provided for by this section.
Sec. 39 NRS 706.761 is hereby amended to read as follows:
706.7611. Any agent or person in charge of the books, accounts, records, minutes or papers of any private, common or contract motor carrier [of passengers or household goods] or broker of any of these services who refuses or fails for a period of 30 days to furnish the commission or department with any report required by either or who fails or refuses to permit any person authorized by the commission or department to inspect such books, accounts, records, minutes or papers on behalf of the commission or department is liable to a penalty in a sum of not less than $300 nor more than $500. The penalty may be recovered in a civil action upon the complaint of the commission or department in any court of competent jurisdiction.
2. Each day's refusal or failure is a separate offense, and is subject to the penalty prescribed in this section.
Sec. 40 NRS 706.766 is hereby amended to read as follows:
706.7661. It is unlawful for any fully regulated carrier or operator of a tow car to charge, demand, collect or receive a greater or less compensation for any service performed by it within [the] this state or for any service in connection therewith than is specified in its fare, rates, joint rates, charges or rules and regulations on file with the commission, or to demand, collect or receive any fare, rate or charge not specified. The rates, tolls and charges named therein are the lawful rates, tolls and charges until they are changed as provided in this chapter.
2. It is unlawful for any fully regulated carrier or operator of a tow car to grant any rebate, concession or special privilege to any person which, directly or indirectly, has or may have the effect of changing the rates, tolls, charges or payments.
3. Any violation of the provisions of this section subjects the violator to the penalty prescribed in NRS 706.761.
Sec. 41 NRS 706.771 is hereby amended to read as follows:
706.771 1. Any [fully] :
(a) Fully regulated carrier [, broker] ;
(b) Broker of regulated services ;
(c) Operator of a tow car; or [other person who transports or stores household goods,]
(d) Other person,
or any agent or employee thereof, who violates any provision of this chapter, any lawful regulation of the commission or any lawful tariff on file with the commission or who fails, neglects or refuses to obey any lawful order of the commission or any court order for whose violation a civil penalty is not otherwise prescribed is liable to a penalty of not more than $10,000 for any violation. The penalty may be recovered in a civil action upon the complaint of the commission in any court of competent jurisdiction.
2. If the commission does not bring an action to recover the penalty prescribed by subsection 1, the commission may impose an administrative fine of not more than $10,000 for any violation of a provision of this chapter or any rule, regulation or order adopted or issued by the commission or department pursuant to the provisions of this chapter. A fine imposed by the commission may be recovered by the commission only after notice is given and a hearing is held pursuant to the provisions of chapter 233B of NRS.
3. All administrative fines imposed and collected by the commission pursuant to subsection 2 are payable to the state treasurer and must be credited to a separate account to be used by the commission to enforce the provisions of this chapter.
4. A penalty or fine recovered pursuant to this section is not a cost of service for purposes of rate making.
Sec. 42 Section 16 of chapter 472, Statutes of Nevada 1995, at page 1513, is hereby amended to read as follows:
TEXT OF REPEALED SECTIONS
706.153Applicability of certain provisions to operators of tow cars. [Effective until the date the provisions of 49 U.S.C. § 11501 are repealed or judicially declared to be invalid.]The provisions of NRS 706.151 to 706.163, inclusive, 706.168, 706.311 to 706.436, inclusive, 706.471, 706.473, 706.475, 706.6411 to 706.749, inclusive, and 706.881 to 706.885, inclusive, do not apply to an operator of a tow car.
Section 17 of chapter 472, Statutes of Nevada 1995, at page 1513:
Assembly Bill No. 82.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1189.
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
"Sec. 2. Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:
The attorney general may appoint and employ an administrative assistant in the unclassified service of the state.".
Amend the title of the bill to read as follows:
Assembly Bill No. 147.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1198.
Amend section 1, page 1, line 4, by deleting "persons" and inserting:
"persons, the Nevada attorney for injured workers or an attorney or other compensated representative of an injured employee ".
Amend section 1, page 1, line 13, after "to" by inserting:
"each insurer, organization for managed care and third-party administrator interested in the claim or the representative of each of those persons, the administrator and ".
Amend section 1, page 2, by deleting lines 3 and 4 and inserting:
"2. If the administrator determines that a person has violated the provisions of this section, he shall:
(a) For an initial violation, issue a notice of correction.
(b) For a second violation, impose an administrative fine of not more than $250.
(c) For a third or subsequent violation, impose an administrative fine of not more than $1,000.".
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 330.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1190.
Amend sec. 14, page 10, by deleting lines 32 through 38 and inserting:
"278.380 1. [Upon] After receipt of the final map [, the] :
(a) The governing body or planning commission , [shall,] at its next [meeting, or within a period of not more than] meeting; or
(b) If authorized by the governing body, the director of planning or other authorized person or agency, within 10 days after the map is [filed with] accepted as a complete application by the governing body , [or] planning commission, the director of planning or other authorized person or agency,
shall approve the map if it conforms to all the requirements of ".
Amend sec. 25, page 20, line 13, by deleting "registered" and inserting "licensed".
Amend sec. 25, page 20, line 20, by deleting "registered" and inserting "licensed".
Amend sec. 28, page 23, line 31, by deleting "registered" and inserting "licensed".
Amend the bill as a whole by adding a new section designated sec. 29, following sec. 28, to read as follows:
"Sec. 29. Sections 25 and 28 of this act become effective at 12:01 a.m. on October 1, 1997.".
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 379.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1144.
Amend the bill as a whole by renumbering sec. 12 as sec. 14 and adding new sections designated sections 12 and 13, following sec. 11, to read as follows:
"Sec. 12. NRS 271.425 is hereby amended to read as follows:
271.425 1. If [any] a tract is divided after a special assessment thereon has been levied and divided into installments and before the collection of all the installments, the governing body may require the treasurer to apportion the uncollected amounts upon the several parts of land so divided.
2. If two or more tracts are combined or combined and redivided into two or more different tracts after a special assessment thereon has been levied and divided into installments and before the collection of all the installments, the governing body may require the treasurer to combine or combine and reapportion the uncollected amounts upon the part or parts of land that exist after the combination or combination and redivision.
3. Except to the extent limited in an ordinance that authorizes or otherwise pertains to the issuance of bonds for an improvement district, the governing body may reapportion assessments which have been levied pursuant to this chapter or apportioned pursuant to this section with the unanimous written consent of all the owners of property whose assessments will be increased by the reapportionment. The governing body is not required to obtain the consent of an owner of property whose assessment will not be affected or will be decreased by the reapportionment.
4. Assessments may be combined or reapportioned, or both, pursuant to subsections 2 and 3, only if the governing body finds that the proposed action will not:
(a) Materially or adversely impair the obligation of the municipality with respect to any outstanding bond secured by assessments; or
(b) Increase the principal balance of any assessment to an amount such that the aggregate amount which is assessed against a tract exceeds the minimum benefit to the tract that is estimated to result from the project which is financed by the assessment.
5. The report of [such] an apportionment, combination or reapportionment pursuant to this section, when approved [,] by the governing body, is conclusive on all the parties, and all assessments thereafter made upon the tracts must be according to the [subdivision.
3.] apportionment, combination or reapportionment so approved.
6. The report, when approved, must be recorded in the office of the county recorder together with a statement that the current payment status of any of the assessments may be obtained from the county or municipal officer who has been directed by the governing body to collect the assessment. Neither the failure to record the report as provided in this subsection nor any defect in the report as recorded affects the validity of the assessments, the lien for the payment thereof or the priority of that lien.
Sec. 13. NRS 271.488 is hereby amended to read as follows:
271.4881. The governing body may issue one or more series of bonds to refund all or any portion of the outstanding bonds of one or more improvement districts. The bonds must be issued pursuant to the provisions of this chapter and the Local Government Securities Law.
2. For the purposes of the Local Government Securities Law, the bonds issued to refund all or any portion of the outstanding bonds of one or more improvement districts shall be deemed special obligations and the assessments shall be deemed net pledged revenues. If the bonds are issued, the governing body shall, by resolution, reduce the rate of interest on the uncollected installments of assessments. The rate of interest must not exceed the amount set forth in NRS 271.415, plus any amount necessary to pay the costs of the refunding.
3. Refinancing bonds issued pursuant to the provisions of this section must be secured by the assessments levied against specifically identified tracts of assessable property and may have any other terms or security that are allowed for any other bonds issued pursuant to the provisions of this chapter, except any bond issued to refund all or any portion of the outstanding bonds of one or more improvement districts must mature within 20 years after the date such a bond is issued.
4. A refunding bond issued pursuant to this section may refund all or any portion of the outstanding bonds of one or more improvement districts and may be secured by a combination of assessments levied on all or a specifically identified portion of the assessed property located within the district or districts.
5. Two or more series of refunding bonds may be issued to refund the outstanding bonds of one or more districts and each series may be secured by assessments levied on different portions of assessed property located within the district or districts whose bonds are outstanding.
6. Except as otherwise provided in subsection 7 or 8, the governing body, in connection with the issuance of refunding bonds pursuant to this section, may amend the assessment ordinance to amend the following terms of all or a portion of the assessments authorized in the ordinance:
(a) The rate of interest the governing body charges on unpaid installments;
(b) Any penalties for prepayment of assessments;
(c) The amounts of unpaid installments;
(d) The principal balance of assessments;
(e) The dates upon which unpaid installments are due;
(f) The number of years over which unpaid installments are due; and
(g) Any other term, if the term, as amended, would comply with the provisions of this chapter.
7. Before a governing body may amend an assessment ordinance to increase the principal and interest of any assessment, the number of years over which unpaid installments are due or the amount of any unpaid installments, it must:
(a) Obtain the written consent of the owner of each tract that would be affected by the proposed amendment to the ordinance; or
(b) Hold a hearing on the proposed amendment and give notice of that hearing in the manner set forth in NRS 271.305. If the owners of the tracts upon which more than one-half of the affected assessments, measured by the unpaid assessment balance, submit written protests to the governing body on or before the date of the hearing, the governing body shall not adopt the proposed amendment to the assessment ordinance.
8. To issue refunding bonds or to amend an assessment ordinance pursuant to this section, the governing body must find that:
(a) The obligation of the municipality will not be materially or adversely impaired with respect to any outstanding bond secured by assessments; and
(b) The principal balance of any assessment will not increase to an amount such that the aggregate amount that is assessed against the tract exceeds the minimum benefit to the tract that is estimated to result from the project that is financed by the assessment and the refunding of the outstanding bonds.".
Amend the title of the bill, third line, after "facilities;" by inserting:
"authorizing combinations and reapportionments of special assessments levied on tracts in local improvement districts under certain circumstances; providing for the issuance of bonds to refund all or any portion of the outstanding bonds of one or more improvement districts under certain circumstances; providing for the amendment of assessment ordinances under certain circumstances;".
Amend the summary of the bill to read as follows:
"Summary--Makes various changes concerning local improvement districts. (BDR 21-200)".
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 415.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 1208.
Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 45 NRS 484.221 is hereby amended to read as follows:
484.221 [1.] The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop [such] his vehicle at the scene of [such] the accident or , if his vehicle is obstructing traffic, at a location as close thereto as possible [,] that does not obstruct traffic, and shall forthwith return to and [in every event shall] remain at the scene of [such] the accident until he has fulfilled the requirements of NRS 484.223.
[2. Every such stop shall be made without obstructing traffic more than is necessary.]".
Amend section 1, page 1, line 5, by deleting "paved or" and inserting:
"paved , [or]".
Amend section 1, page 2, by deleting lines 3 through 11 and inserting:
"(c) The person in charge of the vehicle is unable to provide for its custody or removal within:
(1) Twenty-four hours after abandoning the vehicle on any freeway, United States highway or other primary arterial highway.
(2) Seventy-two hours after abandoning the vehicle on any other highway.".
Amend the title of the bill to read as follows:
Assembly Bill No. 501.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1191.
Amend the bill as a whole by adding a new section designated sec. 11.5, following sec. 11, to read as follows:
"Sec. 11.5. NRS 280.201 is hereby amended to read as follows:
280.2011. The funding apportionment plan must exclude the cost of:
(a) Operating and maintaining a county or a branch county jail;
(b) A rural program of resident officers, where applicable; and
(c) Any program of contract services which is totally funded by the contracting agency or entity.
The costs described in paragraphs (a) and (b) are a proper charge against the county. The capital costs of building a county or a branch county jail are the responsibility of the board of county commissioners.
2. If a department operates a program for school crossing guards, each participating political subdivision must pay the cost of operating the positions located within its jurisdiction.
3. The funding apportionment plan must apportion the anticipated costs of operating and maintaining the department, and capital costs, after deducting all anticipated revenue internally generated by the department, among the participating political subdivisions according to the formula developed by the department pursuant to this section.
4. Except as otherwise provided in subsection 1, an additional tax ad valorem that is levied pursuant to the approval of the voters must be levied at a uniform rate in the unincorporated area of the county and in each participating city.
5. In developing the formula, the department must divide its budget into the following functional areas:
(a) Activities which are the responsibility of any one of the participating political subdivisions.
(b) Contract services which are performed solely for another agency or entity.
(c) Administrative or supporting activities.
(d) The remaining activities, services or programs are to be allocated to those functional areas which are to be jointly funded by the participating political subdivision.
Contract services which are performed solely for another agency or entity must each be identified as a separate functional area.
[5.] 6. The department must identify the bureaus, sections, divisions and groups that are assigned to each functional area. Each functional area must be a separate accounting unit within the budget of the department for the purpose of apportioning the cost among the participating political subdivisions.
[6.] 7. The costs of the activities of administration or support must be allocated to the other functional area to which they apply in the ratio that the cost of each functional area bears to the combined costs of the other functional areas.
[7.] 8. The costs of each functional area which is to be jointly funded, including the administrative and support costs allocated in accordance with subsection 6, must be apportioned among the participating political subdivisions as follows:
(a) The cost of uniformed functions in the field must be apportioned on a percentage basis according to the comparative cumulative, unweighted percentage relationship among the participating political subdivisions of the permanent population of the participating political subdivisions, as determined annually by the governor, the total number of calls for service which were dispatched by the department in each participating political subdivision, excluding:
(1) Calls for service with respect to felony crimes;
(2) Calls for service originating in those areas which were served by a rural program of resident officers; and
(3) Calls for service originating from a program of contract services which is totally funded by the contracting agency or entity,
and the total number of felonies which were reported in each participating political subdivision, excluding reports of felonies originating from a rural program of resident officers or a program of contract services. The number of calls for service and the number of felonies reported must have been made during the 12 months preceding January 1 of the current fiscal year.
(b) The cost of the investigative function must be apportioned on a percentage basis according to the comparative cumulative, unweighted percentage relationship among the participating political subdivisions of the total number of felonies which were reported in each participating political subdivision during the 12 months preceding January 1 of the current fiscal year.
[8.] 9. For the purpose of subsection [7,] 8, the population attributable to a county does not include the population of the cities within that county or the population of those areas within that county which are served by a rural program of resident officers.
[9.] 10. The department shall maintain all of the statistics necessary to effectuate the funding apportionment plan and shall maintain accurate records in support of the determination required in order to comply with this section.
[10.] 11. If, in the initial year of the merger, the statistics necessary to determine the funding apportionment plan for the remainder of that year are incomplete, the department shall prepare a funding apportionment plan for the remainder of that year based upon the most accurate statistics available, and apply it as closely as possible in the manner prescribed in this section. The fact that a budget, a funding apportionment plan and a rural program of resident officers are not prepared and submitted when due does not invalidate any of them.".
Amend the bill as a whole by renumbering sec. 16 as sec. 21 and adding new sections designated sections 16 through 20, following sec. 15, to read as follows:
"Sec. 16. Section 3 of chapter 817, Statutes of Nevada 1987, at page 2284, is hereby amended to read as follows:
Assembly Bill No. 508.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1172.
Amend section 1, page 1, line 2, by deleting "2" and inserting "1.5".
Amend the bill as a whole by adding a new section designated sec. 1.5, following section 1, to read as follows:
"Sec. 1.5. "Community antenna television company" has the meaning ascribed to it in NRS 711.030.".
Amend sec. 4, page 1, line 11, by deleting "except any" and inserting:
"except:
1. Any".
Amend sec. 4, page 1, line 12, by deleting "709.270." and inserting:
"709.270; or
2. A term or condition of a franchise granted by:
(a) A county whose population is 400,000 or more, or by an incorporated city that is located in whole or in part within such a county, that requires a community antenna television company to provide channels for public, educational or governmental access.
(b) A county or an incorporated city not specified in paragraph (a) that requires a community antenna television company to provide channels, facilities or equipment for public, educational or governmental access.".
Amend sec. 7, page 2, by deleting line 4 and inserting:
"Sec. 7. "Public utility" includes:
1. A person or local government that:".
Amend sec. 7, page 2, line 5, by deleting "1." and inserting "(a)".
Amend sec. 7, page 2, line 8, by deleting "2." and inserting "(b)".
Amend sec. 7, page 2, line 13, by deleting "3." and inserting "(c)".
Amend sec. 7, page 2, between lines 13 and 14, by inserting:
"2. A community antenna television company as that term is defined in NRS 711.030.".
Amend sec. 8, page 2, line 17, by deleting "or".
Amend sec. 8, page 2, line 19, by deleting "customers." and inserting "customers; or".
Amend sec. 8, page 2, between lines 19 and 20, by inserting:
"3. The amount deducted from the gross revenue of a community antenna television company pursuant to paragraph (b) of subsection 2 of NRS 711.200.".
Amend sec. 9, page 3, line 2, by deleting "2" and inserting "1.5".
Amend the bill as a whole by renumbering sec. 14 as sec. 49 and adding new sections designated sections 14 through 48, following sec. 13, to read as follows:
"Sec. 14. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 and 16 of this act.
Sec. 15. 1. The governing body of an incorporated city whose population is 25,000 or more:
(a) Shall not sell telecommunications service to the general public.
(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:
(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and
(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.
2. Any information relating to the study conducted pursuant to subsection 1 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.
3. Notwithstanding the provisions of paragraph (a) of subsection 1, an airport may sell telecommunications service to the general public.
4. As used in this section:
(a) "Telecommunications" has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.
(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.
Sec. 16. The governing body of an incorporated city whose population is 25,000 or more shall not:
1. Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.
2. Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.
3. Require a person who holds a franchise for the provision of telecommunications service to place its facilities in ducts or conduits or on poles owned or leased by the city.
4. As used in this section:
(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.
(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.
Sec. 17. NRS 268.730 is hereby amended to read as follows:
268.730[Any] Except as otherwise provided in sections 15 and 16 of this act, any governing body of a municipality, upon its behalf and in its name, may at any time or from time to time acquire, improve, equip, operate and maintain, within or without or both within and without the municipality:
1. A building project;
2. A cemetery project;
3. A communications project;
4. A drainage project or flood control project;
5. An electric project;
6. A fire protection project;
7. An offstreet parking project;
8. An overpass project;
9. A park project;
10. A recreational project;
11. A refuse project;
12. A sewerage project;
13. A sidewalk project;
14. A street project;
15. A transportation project;
16. An underpass project; and
17. A water project.
Sec. 18. NRS 709.050 is hereby amended to read as follows:
709.0501. The board of county commissioners may grant to any person, company, corporation or association the franchise, right and privilege to construct, install, operate and maintain street railways, electric light, heat and power lines, gas and water mains, telephone and telegraph lines, and all necessary or proper appliances used in connection therewith or appurtenant thereto, in the streets, alleys, avenues and other places in any unincorporated town in the county, and along the public roads and highways of the county, when the applicant complies with the terms and provisions of NRS 709.050 to 709.170, inclusive.
2. The board of county commissioners shall not:
(a) Impose any terms or conditions on a franchise granted pursuant to subsection 1 for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.
(b) Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.
3. As used in NRS 709.050 to 709.170, inclusive [, "street railway"] :
(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.
(b) "Street railway" means:
[(a)] (1) A system of public transportation operating over fixed rails on the surface of the ground;
[(b)] (2) A monorail; or
[(c)] (3) Any other overhead or underground system used for public transportation.
The term does not include a super speed ground transportation system as defined in NRS 705.4292.
(c) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.
Sec. 19. NRS 709.090 is hereby amended to read as follows:
709.090If, upon full consideration of all the facts, the board of county commissioners determines that the granting of the franchise is in the best interests of the residents of the county, the board shall , except as otherwise provided in subsection 2 of NRS 709.050, fix the terms and prescribe the conditions [under] pursuant to which the franchise is to be granted, the character or kinds of service to be rendered, the maximum rates to be charged for the service, and such other matters as may be properly connected therewith, and shall thereupon grant the franchise subject to such terms and conditions.
Sec. 20. NRS 709.130 is hereby amended to read as follows:
709.1301. Every person, company, corporation or association receiving a franchise [under] pursuant to the provisions of NRS 709.050 to 709.170, inclusive, shall:
(a) Provide a plant with all necessary appurtenances of approved construction for the full performance of his [, her, their or its] franchise duties, rights and obligations, and for the needs, comfort and convenience of the inhabitants of the various unincorporated towns and cities, county or place to which [such] his franchise relates.
(b) Keep [such] the plants and appurtenances, including all tracks, cars, poles, wires, pipes, mains and other attachments, in good repair, so as not to interfere with the passage of persons or vehicles, or the safety of persons or property.
2. [The] Except as otherwise provided in this subsection, the board of county commissioners [shall,] may when granting such franchise, [have authority to so] fix and direct the location of all tracks, poles, wires, mains, pipes and other appurtenances upon the public streets, alleys, avenues and highways as best to serve the convenience of the public. The board [shall also have authority to] may change the location of any [such] appurtenances and permit, upon proper showing, all necessary extensions thereof when the interest or convenience of the public [shall so require.] requires. The board shall not require a company that provides telecommunications service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the county.
3. All poles, except poles from which trolley wires are suspended for streetcar lines, from which wires are suspended for electric railroads, power, light or heating purposes within the boundaries of unincorporated towns and over public highways [shall] must not be less than 30 feet in height, and the wires strung thereon [shall] must not be less than 25 feet above the ground.
4. Every person, company, association or corporation operating a telephone, telegraph or electric light, heat or power line, or any electric railway line, shall, with due diligence, provide itself, at its own expense, a competent electrician to cut, repair and replace wires in all cases where [such] cutting or repairing or replacing is made necessary by the removal of buildings or other property through the public streets or highways.
5. No person, company, corporation or association [shall be granted] may receive an exclusive franchise nor [shall] may any board of county commissioners [have authority to] grant a franchise in such manner or under such terms or conditions as to hinder or obstruct the granting of franchises to other grantees, or in such manner as to obstruct or impede reasonable competition in any business or public service to which NRS 709.050 to 709.170, inclusive, apply.
Sec. 21. Chapter 710 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The governing body of a county whose population is 35,000 or more:
(a) Shall not sell telecommunications service to the general public.
(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:
(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and
(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.
2. Any information relating to the study conducted pursuant to subsection 1 must be maintained by the county clerk and made available for public inspection during the business hours of the office of the county clerk.
3. Notwithstanding the provisions of paragraph (a) of subsection 1, an airport may sell telecommunications service to the general public.
4. As used in this section:
(a) "Telecommunications" has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.
(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.
Sec. 22. Chapter 711 of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise provided in NRS 318.1192, 318.1193 and 318.1194:
1. The governing body of a county whose population is 35,000 or more shall not sell the services of a community antenna television system to the general public.
2. The governing body of a city whose population is 25,000 or more shall not sell the services of a community antenna television system to the general public.
Sec. 23. NRS 711.190 is hereby amended to read as follows:
711.1901. Except as otherwise provided in NRS 318.1194:
[1.] (a) A city council may grant a franchise to a community antenna television company for the construction, maintenance and operation of a community antenna television system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.
[2.] (b) A county may grant a franchise to a community antenna television company for the construction, maintenance and operation of a community antenna television system which requires the use of the property of the county or any town in the county or that portion of the county or town dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.
2. If a local government grants a franchise to two or more community antenna television companies to construct, maintain or operate a community antenna television system in the same area, the local government shall impose the same terms and conditions on each franchise.
3. A community antenna television company that is granted a franchise pursuant to this section may provide telecommunications service or interactive computer service without obtaining a separate franchise from the local government.
4. A local government that grants a franchise pursuant to this section shall not require the community antenna television company to place its facilities in ducts or conduits or on poles owned or leased by the local government.
5. If a county whose population is 400,000 or more, or an incorporated city located in whole or in part within such a county, grants a franchise pursuant to this section, the term of the franchise must be at least 10 years. If a franchisee notifies such a county or city on or before the end of the eighth year of a franchise that it wishes to extend the franchise, the county or city shall, on or before the end of the ninth year of the franchise, grant an extension of 5 years on the same terms and conditions, unless the franchisee has not substantially complied with the terms and conditions of the franchise agreement.
6. As used in this section:
(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.
(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.
Sec. 24. The charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 287, is hereby amended by adding thereto a new section to be designated as section 2.272, immediately following section 2.270, to read as follows:
Assembly Bill No. 570.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1194.
Amend sec. 7, page 3, between lines 7 and 8, by inserting:
"The governing body shall provide to each owner of an affected tract of land a copy of the notice served upon the association pursuant to this subsection.".
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 576.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1188.
Amend sec. 2, page 2, line 10, after "inclusive," by inserting:
"[and] section 13 of [this act] Senate Bill No. 473 of this session".
Amend sec. 6, page 3, line 19, by deleting "5" and inserting "10".
Amend the bill as a whole by adding a new section designated sec. 12, following sec. 11, to read as follows:
"Sec. 12. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1997.".
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 662.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 1193.
Amend sec. 2, page 2, line 16, by deleting the comma and inserting:
"and visually impaired,".
Amend sec. 12, page 5, line 8, after "instruction," by inserting:
"the director of the department of employment, training and rehabilitation,".
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 174.
Bill read third time.
Remarks by Senator Jacobsen.
Roll call on Senate Bill No. 174:
Yeas -- 21.
Nays -- None.
Senate Bill No. 174 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 437.
Bill read third time.
Roll call on Senate Bill No. 437:
Yeas -- 19.
Nays -- O'Connell, Rhoads - 2.
Senate Bill No. 437 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 494.
Bill read third time.
Remarks by Senator McGinness.
Roll call on Senate Bill No. 494:
Yeas -- 21.
Nays -- None.
Senate Bill No. 494 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 495.
Bill read third time.
Roll call on Senate Bill No. 495:
Yeas -- 21.
Nays -- None.
Senate Bill No. 495 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 496.
Bill read third time.
Roll call on Senate Bill No. 496:
Yeas -- 21.
Nays -- None.
Senate Bill No. 496 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 455.
Bill read third time.
Roll call on Assembly Bill No. 455:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 455 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 482.
Bill read third time.
Remarks by Senators Neal and McGinness.
Roll call on Assembly Bill No. 482:
Yeas -- 20.
Nays -- Neal.
Assembly Bill No. 482 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 545.
Bill read third time.
Roll call on Assembly Bill No. 545:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 545 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 552.
Bill read third time.
Roll call on Assembly Bill No. 552:
Yeas -- 19.
Nays -- Adler, Coffin - 2.
Assembly Bill No. 552 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 595.
Bill read third time.
Remarks by Senators Adler, Neal, James and Coffin.
Conflict of interest declared by Senator Adler.
Roll call on Assembly Bill No. 595:
Yeas -- 20.
Nays -- None.
Not voting -- Adler.
Assembly Bill No. 595 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 641.
Bill read third time.
Roll call on Assembly Bill No. 641:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 641 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 211.
Bill read third time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 1244.
Amend sec. 8.5, page 2, by deleting lines 17 and 18 and inserting:
"Sec. 8.5. 1. The commissioner may establish by regulation:
(a) The fees that may be imposed by a check-cashing or deferred deposit service for cashing checks or entering into a deferred deposit transaction; and
(b) The penalties that may be imposed by the commissioner for a violation of the provisions of this chapter or the regulations adopted pursuant thereto.
2. The commissioner shall adopt such other regulations as are necessary to carry out the provisions of this chapter.".
Amend sec. 9, page 2, after line 40 by inserting:
"(f) A person who is exclusively engaged in a check-cashing service relating to out-of-state checks.
(g) A corporation organized pursuant to the laws of this state that has been continuously and exclusively engaged in a check-cashing service in this state since July 1, 1973.".
Amend sec. 16.5, page 5, line 41, before "section" by inserting:
"subsection 2 of ".
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 451.
Bill read third time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 1233.
Amend section 1, page 1, line 5, by deleting:
"community partnership schools" and inserting "public education".
Amend section 1, page 1, lines 9 and 10, by deleting:
"community partnership schools" and inserting "public education".
Amend section 1, page 2, lines 2 and 3, by deleting:
"community partnership schools" and inserting "public education".
Amend section 1, page 2, line 5, by deleting:
"community partnership schools" and inserting "public education".
Amend section 1, page 2, lines 6 and 7, by deleting:
"community partnership schools" and inserting "public education".
Amend section 1, page 2, lines 11 and 12, by deleting:
"community partnership schools" and inserting "public education".
Amend section 1, page 2, by deleting line 14 and inserting:
"$20 to be used to purchase textbooks and laboratory equipment and pay for field trips for the benefit of pupils in this state.".
Amend section 1, page 2, by deleting lines 16 and 17 and inserting:
"4 with the state treasurer for credit to the fund for public education created pursuant to section 5 of this act.".
Amend section 1, page 2, by deleting lines 26 through 31.
Amend the bill as a whole by deleting sec. 2 and inserting:
"Sec. 2. (Deleted by amendment.)".
Amend sec. 3, page 3, line 27, by deleting "[and]".
Amend sec. 3, page 3, by deleting line 28 and inserting:
"Assembly Bill No. 32 of this session and section 1 of [this act.] Assembly Bill No. 589 of this session and section 1 of this act. The".
Amend sec. 4, page 4, by deleting lines 16 and 17 and inserting:
"section 1 of Assembly Bill No. 32 of this session and section 1 of [this act,] Assembly Bill No. 589 of this session and section 1 of this act, a fee of $10.".
Amend sec. 5, pages 4 and 5, by deleting lines 38 through 44 on page 4 and lines 1 through 8 on page 5 and inserting:
"1. Money received by the state board pursuant to section 1 of this act must be deposited in the fund for public education which is hereby created as a special revenue fund in the state treasury. Money in the fund must not be commingled with money from other sources. The state board shall disburse the money in the fund to schools in this state, upon the request of the school or the board of trustees of the school district in which the school is located, giving preference to those schools that the state board or the board of trustees of the school district in which the school is located has classified as serving a significant proportion of pupils who are economically disadvantaged.
2. A school that receives money pursuant to this section may expend the money only to purchase textbooks and laboratory equipment and to pay for field trips for pupils.".
Amend sec. 6, page 5, by deleting line 9 and inserting:
"Sec. 6. Sections 3 and 4 of this act become effective at 12:02 a.m.".
Amend sec. 6, page 5, by deleting lines 11 and 12.
Amend the title of the bill, second line, by deleting:
"community partnership schools;" and inserting "public education;".
Amend the summary of the bill to read as follows:
Assembly Bill No. 581.
Bill read third time.
The following amendment was proposed by Senator Townsend:
Amendment No. 1199.
Amend section 1, page 1, by deleting lines 4 through 6 and inserting:
"with, acquire through a subsidiary or affiliate, or otherwise directly or indirectly obtain control of a public utility doing business in this state or an entity that holds a controlling interest in such a public utility without first submitting to the commission an application for".
Amend section 1, page 1, by deleting line 11 and inserting:
"public utility doing business in this state,".
Amend section 1, page 2, by deleting lines 2 through 4 and inserting:
"a public utility doing business in this state or to the transfer of the stock of an entity holding a controlling interest in such a public utility, if a transfer of not more than 25 percent of the common stock of such a public utility or entity is proposed.".
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Townsend, Augustine, Neal and Regan.
Amendment adopted on a division of the house.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Joint Resolution No. 14 of the 68th Session.
Resolution read third time.
Remarks by Senators O'Donnell and Raggio.
Roll call on Assembly Joint Resolution No. 14 of the 68th Session:
Yeas -- 15.
Nays -- Augustine, Coffin, James, Mathews, Schneider, Titus - 6.
Assembly Joint Resolution No. 14 of the 68th Session having received a constitutional majority, Mr. President declared it passed.
Resolution ordered transmitted to the Assembly.
Senate Bill No. 285.
The following Assembly amendment was read:
Amendment No. 596.
Amend sec. 4, page 3, line 4, after "investigations." by inserting:
"If the child from whom the fingerprints are taken subsequently is not adjudicated delinquent, the parent or guardian of the child or, when the child becomes at least 18 years of age, the child, may petition the court for the removal of the fingerprints from any such local file or local system.".
Amend sec. 4, page 3, line 28, by deleting "The [photograph]" and inserting:
"[The photograph] Except as otherwise provided in this subsection, the".
Amend sec. 4, page 3, line 32, after "investigations." by inserting:
"If a court subsequently determines that the child is not delinquent, the court shall order the photographs to be destroyed.".
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 285.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 318.
The following Assembly amendment was read:
Amendment No. 1165.
Amend section 1, page 1, line 2, by deleting "2" and inserting "2, 2.5".
Amend sec. 2, page 1, by deleting lines 3 through 6 and adding new sections designated sections 2 and 2.5, following section 1, to read as follows:
"Sec. 2. "Televised broadcast" means an audio and video transmission of a race, or series of races, as it occurs at a track that is broadcast by a television broadcast station or transmitted by a cable television system or a satellite television distribution service.
Sec. 2.5. An operator of a race book licensed in this state may use a televised broadcast to maintain and operate the race book, including, without limitation, the determination of and payoffs on wagers.".
Amend the bill as a whole by adding new sections designated sections 3.3 and 3.7, following sec. 3, to read as follows:
"Sec. 3.3. NRS 463.013 is hereby amended to read as follows:
463.013As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.0197, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 3.7. NRS 463.0147 is hereby amended to read as follows:
463.0147"Disseminator" means any person who furnishes an operator of a race book [, sports pool or gambling game] who is licensed in this state with information relating to horse racing or other racing which is used to determine winners of or payoffs on wagers accepted by the operator. The term does not include a [person who provides a] television broadcast station, or operator of a cable television system or satellite distribution service that provides a televised broadcast . [without charge to any person who receives the broadcast.]".
Amend the bill as a whole by adding a new section designated section 5.5, following sec. 5, to read as follows:
"Sec. 5.5. NRS 463.430 is hereby amended to read as follows:
463.4301. [It] Except as otherwise provided in subsection 2, it is unlawful for any person in this state to receive, supply or disseminate in this state by any means information received from any source outside of this state concerning racing, when the information is to be used to maintain and operate any gambling game and particularly any race book, except off-track pari-mutuel wagering for which the user is licensed pursuant to chapter 464 of NRS, without first having obtained a license so to do as provided in NRS 463.430 to 463.480, inclusive.
2. The provisions of this section do not apply to:
(a) Any person who provides a televised broadcast which is presented without charge to any person who receives the broadcast.
(b) Any licensee who has been issued a gaming license and receives from or supplies to any affiliated licensee, by means of a computerized system for bookmaking used by the licensee and the affiliated licensee, information concerning racing.
(c) An operator of a race book licensed in this state that uses a televised broadcast to maintain and operate the race book, including, without limitation, the determination of or payoffs on wagers.
3. For the purposes of this section:
(a) Any broadcasting or display of information concerning racing held at a track which uses the pari-mutuel system of wagering is an incident of maintaining and operating a race book.
(b) "Affiliated licensee" means any person to whom a valid gaming license or pari-mutuel wagering license has been issued that directly, or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, a licensee.".
Amend sec. 6, page 3, line 39, by deleting "or".
Amend sec. 6, page 3, line 41, by deleting "wager." and inserting "wager; or
(c) Increase the payoff of, or pay a bonus on, a winning off-track pari-mutuel wager.".
Amend sec. 7, page 5, line 3, by deleting "Three" and inserting "Two".
Amend sec. 7, page 5, by deleting line 7 and inserting:
"(c) Two other members.".
Amend sec. 7, page 5, by deleting line 13 and inserting:
"wagering committee pursuant to subsection 5, the commission shall:
(a) Grant to".
Amend sec. 7, page 5, line 16, by deleting "(a)" and inserting "[(a)] (1)".
Amend sec. 7, page 5, line 18, by deleting "(b)" and inserting "[(b)] (2)".
Amend sec. 7, page 5, between lines 19 and 20, by inserting:
"(b) Require the off-track pari-mutuel wagering committee to grant to each person licensed pursuant to this chapter to operate an off-track pari-mutuel race pool the right to receive, on a fair and equitable basis, all services concerning wagering in such a race pool that the committee has negotiated to bring into or provide within this state.".
Amend sec. 13, page 6, line 18, after "wager" by inserting:
"placed by a person for his own benefit or, without compensation, for the benefit of another".
Amend sec. 13, page 6, line 20, by deleting "this chapter," and inserting:
"chapter 463 of NRS,".
Amend the bill as a whole by adding a new section designated sec. 13.3, following sec. 13, to read as follows:
"Sec. 13.3. Section 4 of Senate Bill No. 345 of this session is hereby amended to read as follows:
Senate Bill No. 464.
The following Assembly amendment was read:
Amendment No. 1128.
Amend sec. 2, page 1, line 6, after the period by inserting:
"A person may be licensed as a wholesale dealer and as a retail dealer.".
Amend sec. 4, page 2, line 10, by deleting:
"other than a wholesale dealer" and inserting:
"[other than a wholesale dealer]".
Amend the bill as a whole by adding a new section designated sec. 4.5, following sec. 4, to read as follows:
"Sec. 4.5. NRS 370.450 is hereby amended to read as follows:
370.4501. [There] Except as otherwise provided in subsection 2, there is hereby imposed upon the purchase or possession of products made from tobacco, other than cigarettes, by a customer in this state a tax of 30 percent of the wholesale price of those products.
2. The provisions of subsection 1 do not apply to those products which are [shipped] :
(a) Shipped out of the state for sale and use outside the state [.] ; or
(b) Displayed or exhibited at a trade show, convention or other exhibition in this state by a manufacturer or wholesale dealer who is not licensed in this state.
3. This tax must be collected and paid by the wholesale dealer to the department before the sale of [such] those products to the customer. The wholesale dealer is entitled to retain 2 percent of the taxes collected to cover the costs of collecting and administering the taxes.
4. Any wholesale dealer who sells any [such] of those products without first paying the tax provided for by this section is guilty of a misdemeanor.".
Amend the title of the bill, fifth line, after "taxation;" by inserting:
"clarifying the application of the tax imposed on products made from tobacco other than cigarettes to certain manufacturers or wholesale dealers who are not licensed in this state;".
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 464.
Motion carried.
Bill ordered enrolled.
Mr. President:
The first Committee on Conference concerning Senate Bill No. 242, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in. It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 13, which is attached to and hereby made a part of this report.
Amend sec. 17, page 4, line 13, by deleting:
"and sell motor vehicles." and inserting:
"a motor vehicle from a person and sell the motor vehicle to the same person.".
Amend the title of the bill by deleting the sixth line and inserting:
"secondhand dealer from selling a motor vehicle to the person from whom the motor vehicle was bought;".
Senate Committee on Conference
Barbara Buckley
Christina Giunchigliani
Jack Close
Assembly Committee on Conference
Senate Bill No. 187.
The following Assembly amendment was read:
Amendment No. 1152.
Amend section 1, page 1, by deleting lines 3 and 4 and inserting:
"353.288, the sum of $5,474,382 to increase the balance of the fund.".
Senator Raggio moved that the Senate concur in the Assembly amendment to Senate Bill No. 187.
Remarks by Senator Raggio.
Motion carried.
Bill ordered enrolled.
Mr. President appointed Senators Rawson, O'Donnell and Mathews as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 489.
Senator Raggio moved that the Senate recess until 10 p.m.
Motion carried.
Senate in recess at 8:48 p.m.
At 10:56 p.m.
President Hammargren presiding.
Quorum present.
Mark A. James,
Chairman
Mr. President:
Your Committee on Transportation, to which was re-referred Assembly Bill No. 209, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
William R. O'Donnell,
Chairman
Mr. President:
Your Committee on Transportation, to which was referred Assembly Bill No. 178, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
William R. O'Donnell,
Chairman
Mr. President:
Your Committee on Transportation, to which was referred Assembly Bill No. 318, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William R. O'Donnell,
Chairman
Assembly Chamber, Carson City, July 5, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day amended, and passed, as amended, Senate Bills Nos. 103, 430, 458, 480, and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 329.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate amendments to Assembly Bills Nos. 17, 262, 291, 333, 345, 375, 394, 401, 429, 466, 494, 521, 578, 613.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 424 and requests a conference, and appointed Assemblymen Price, Lambert and Mortenson as a first Committee on Conference to meet with a like committee of the Senate.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
Senator Raggio moved that Assembly Bills Nos. 6, 183, 519, 558, be taken from the General File and placed on the Secretary's desk.
Remarks by Senator Raggio.
Motion carried.
Senate Bill No. 470.
Bill read third time.
Roll call on Senate Bill No. 470:
Yeas -- 21.
Nays -- None.
Senate Bill No. 470 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 259.
Bill read third time.
Roll call on Assembly Bill No. 259:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 259 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 504.
Bill read third time.
Roll call on Assembly Bill No. 504:
Yeas -- 19.
Nays -- O'Connell, Rhoads - 2.
Assembly Bill No. 504 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 647.
Bill read third time.
Roll call on Assembly Bill No. 647:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 647 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 11:12 p.m.
At 11:44 p.m.
President Hammargren presiding.
Quorum present.
Senator Raggio moved that the Senate adjourn until Sunday, July 6, 1997 at 9 a.m.
Motion carried.
Senate adjourned at 11:47 p.m.
Approved:
Lonnie L. Hammargren, M.D.
President of the Senate
Attest: Janice L. Thomas
Secretary of the Senate