ASSEMBLY DAILY JOURNAL
_______________
THE ONE HUNDRED AND FORTY-FIFTH DAY
_______________
Carson City (Friday), June 13, 1997
Assembly called to order at 11:21 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Dr. Alicia Matsunaga.
By the grace of the Other Power, which is both transcendent and dwelling within us, may we receive the wisdom and compassion to preserve and improve our environment, to protect all forms of sentient life, and to realize the potential of this beautiful State of Nevada. In gassho.
Pledge of allegiance to the Flag.
Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
Christina R. Giunchigliani,
Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 184, 527, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was re-referred Assembly Bill No. 254, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Assembly Bill No. 13, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vivian L. Freeman,
Chairman
Mr. Speaker:
Your Concurrent Committee on Health and Human Services, to which was referred Assembly Bill No. 375, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vivian L. Freeman,
Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Assembly Bill No. 489, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Ways and Means.
Vivian L. Freeman,
Chairman
Mr. Speaker:
Your Committee on Infrastructure, to which was referred Assembly Bill No. 490, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
David Goldwater,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 411, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 344, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Concurrent Committee on Judiciary, to which were referred Senate Bills Nos. 5, 99, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Labor and Management, to which was referred Assembly Bill No. 548, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Saundra Krenzer,
Chairman
Mr. Speaker:
Your Concurrent Committee on Taxation, to which was referred Assembly Bill No. 525, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Robert E. Price,
Chairman
Mr. Speaker:
Your Committee on Taxation, to which was referred Senate Bill No. 353, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Robert E. Price,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 227, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry, Jr.,
Chairman
Senate Chamber, Carson City, June 12, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 223, 263, 509.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 36.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly amendment to Senate Bill No. 136.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 183, 185.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 280.
Mary Jo Mongelli
Assistant Secretary of the Senate
Senate Chamber, Carson City, June 13, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 50.
Mary Jo Mongelli
Assistant Secretary of the Senate
Senate Concurrent Resolution No. 50.
Assemblyman Herrera moved the adoption of the resolution.
Remarks by Assemblymen Herrera, Goldwater, Collins, Price, Buckley, Close, Segerblom, Chowning, Carpenter, Mortenson, Ohrenschall and Anderson.
Resolution adopted.
By the Committee on Ways and Means:
Assembly Bill No. 602--An Act making an appropriation for new and replacement equipment for the Division of Forestry of the State Department of Conservation and Natural Resources; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 183.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 185.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 280.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assemblyman Anderson moved that Assembly Bill No. 361 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.
Assemblywoman Freeman moved that Assembly Bill No. 11 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Freeman.
Motion carried.
Assemblywoman Buckley moved that Assembly Bill No. 484 be taken from the Chief Clerk's desk and placed on the bottom of the General File.
Remarks by Assemblywoman Buckley.
Motion carried.
Assemblyman Price moved that Assembly Bill No. 528 be taken from the General File and re-referred to the Committee on Taxation.
Motion carried.
Assemblyman Price moved that Senate Bill No. 364 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Resident deer tag for regular season $15
Nonresident and alien deer tag for regular season 60
Resident antelope tag 50
Resident elk tag 100
Resident bighorn tag 100
Resident mountain goat tag 100
Resident mountain lion tag [50] 25
2. Other resident big game tags for special seasons must not exceed $50. Other nonresident big game tags for special seasons must not exceed $1,000.
3. Tags determined to be necessary by the commission for other species pursuant to NRS 502.130 [,] must not exceed $100.
4. A fee not to exceed $10 may be charged for processing an application for a tag other than an elk tag. A fee of not less than $5 but not more than $15 must be charged for processing an application for an elk tag, $5 of which must be deposited with the state treasurer for credit to the wildlife account in the state general fund and used for the prevention and mitigation of damage caused by elk or game mammals not native to this state.
5. The commission may accept sealed bids for or auction not more than 15 big game tags each year. To reimburse the division for the cost of managing [the] wildlife and administering and conducting the bid or auction, not more than 18 percent of the total amount of money received from the bid or auction may be deposited with the state treasurer for credit to the wildlife account in the state general fund. Any amount of money received from the bid or auction that is not so deposited must be deposited with the state treasurer for credit to the wildlife heritage trust account in the state general fund in accordance with the provisions of NRS 501.3575.
6. The commission may by regulation establish an additional drawing for big game tags, which may be entitled the partnership in wildlife drawing. [The] To reimburse the division for the cost of managing wildlife and administering and conducting the drawing, not more than 18 percent of the total amount of money received from the drawing may be deposited with the state treasurer for credit to the wildlife account in the state general fund. Except as otherwise provided by regulations adopted by the commission pursuant to subsection 7, the money received by the division from applicants in the drawing who are not awarded big game tags must be deposited with the state treasurer for credit to the wildlife heritage trust account in accordance with the provisions of NRS 501.3575.
7. The commission may adopt regulations which authorize the return of all or a portion of any fee collected from a person pursuant to the provisions of this section.".
Amend the title of the bill to read as follows:
Assembly Bill No. 354.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 629.
Amend section 1, page 1, line 2, by deleting:
"to 5, inclusive," and inserting:
", 3 and 4".
Amend the bill as a whole by deleting sections 2 through 19, renumbering sections 20 and 21 as sections 6 and 7 and adding new sections designated sections 2 through 5, following section 1, to read as follows:
"Sec. 2. 1. A person who makes a contribution, in the form of services provided in kind for which money would have otherwise been paid, to a:
(a) Candidate;
(b) Committee for political action, political party or committee sponsored by a political party;
(c) A person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group;
(d) Person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot; or
(e) Committee for the recall of a public officer,
shall, within 30 days after the time he furnishes those services, provide to the recipient a statement signed by the provider that sets forth the actual cost of those services or, if that amount cannot be determined, the fair market value of those services.
2. A candidate, committee, political party or other person shall include the amount set forth in the statement provided pursuant to subsection 1 in the report required to be filed pursuant to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.270 or 294A.360 or section 14 of Senate Bill No. 215 of this session, unless the candidate, committee, political party or other person knows or should have known that the amount is not accurate.
3. If a candidate, committee, political party or other person knows or should have known that the amount set forth in the statement provided pursuant to subsection 1 is not accurate, he shall include in the report required to be filed pursuant to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.270 or 294A.360 or section 14 of Senate Bill No. 215 of this session, the amount that he determines is the actual cost of the services or, if he cannot determine the actual cost, the fair market value of the services.
Sec. 3. 1. Except as otherwise provided in subsection 3, any:
(a) Candidate;
(b) Representative of a committee for political action, committee sponsored by a political party or political party;
(c) Person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group;
(d) Person or the representative of a group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election; or
(e) Representative of a committee for the recall of a public officer,
who returns a contribution within 14 days after he or any person who is authorized to receive contributions on his behalf receives the contribution, is not required to report that contribution pursuant to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.270 or 294A.360 or section 14 of Senate Bill No. 215 of this session.
2. If a person returns a contribution more than 14 days after he or any person who is authorized to receive contributions on his behalf receives the contribution:
(a) He shall report it as a contribution pursuant to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.270 or 294A.360 or section 14 of Senate Bill No. 215 of this session; and
(b) The return of the contribution shall be deemed a campaign expense and must be reported as such pursuant to the provisions of NRS 294A.200, 294A.210, 294A.220, 294A.280 or 294A.360 or section 14 of Senate Bill No. 215 of this session.
3. A person described in subsection 1 who does not have personal knowledge of a contribution that is received by a person who is authorized to receive contributions on his behalf until more than 14 days after the contribution is received is not required to report that contribution pursuant to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.270 or 294A.360 or section 14 of Senate Bill No. 215 of this session if he:
(a) Returns the contribution within 14 days after he has personal knowledge of the contribution; and
(b) Includes in the next report he submits pursuant to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.270 or 294A.360 or section 14 of Senate Bill No. 215 of this session an affidavit signed by him under penalty of perjury attesting that he:
(1) Did not have personal knowledge of the contribution until more than 14 days after a person authorized to receive contributions on his behalf received the contribution; and
(2) Returned the contribution within 14 days after he had personal knowledge of the receipt of the contribution.
Sec. 4. For the purpose of determining the period for which a contribution must be reported pursuant to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.270 or 294A.360 or section 14 of Senate Bill No. 215 of this session, a contribution shall be deemed to have been received 14 days after a person described in subsection 1 of section 3 of this act or any person who is authorized to accept contributions on behalf of that person has knowledge of and actual physical possession of the contribution. The date on a check or other negotiable instrument is not conclusive evidence of the date of the receipt of a contribution.
Sec. 5. NRS 294A.007 is hereby amended to read as follows:
294A.0071. "Contribution" means a gift, loan, conveyance, deposit, payment, transfer or distribution of money or of anything of value other than the services of a volunteer, and includes:
(a) The payment by any person, other than a candidate, of compensation for the personal services of another person which are rendered to a:
(1) Candidate;
(2) Person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group;
(3) Committee for political action, political party or committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates; or
(4) Person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot,
without charge to the candidate, person, committee or political party.
(b) The value of services provided in kind for which money would have otherwise been paid, such as paid polling and resulting data, paid direct mail, paid solicitation by telephone, any paid paraphernalia that was printed or otherwise produced to promote a campaign and the use of paid personnel to assist in a campaign.
2. The term "contribution" does not include the value of services provided by an employee of a:
(a) Political party; or
(b) Committee sponsored by a political party.
3. As used in this section, "volunteer" means a person who does not receive compensation of any kind, directly or indirectly, for the services he provides to a campaign.".
Amend the bill as a whole by deleting section 22 and the text of the repealed section and adding a new section designated sec. 8, following sec. 21, to read as follows:
"Sec. 8. Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1997.".
Amend the title of the bill to read as follows:
Assembly Bill No. 470.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 502.
Amend section 1, pages 1 and 2, by deleting lines 3 through 19 on page 1 and lines 1 through 20 on page 2 and inserting:
"The commission shall adopt regulations to establish a program pursuant to which the division will issue special incentive elk tags. The regulations must:
1. Set forth the application and annual review processes for the issuance of special incentive elk tags.
2. Require that an application for a special incentive elk tag be accompanied by:
(a) The fee charged for an elk tag pursuant to NRS 502.250; and
(b) Any administrative fee charged in connection with the issuance of an elk tag pursuant to this chapter.
3. Provide for the issuance of a special incentive elk tag only to a person who:
(a) Lawfully owns, leases or manages private land within an actual elk use area; and
(b) If that private land blocks reasonable access to adjacent public land, provides reasonable access through the private land to allow a person or hunting party possessing a valid elk tag to hunt elk on the adjacent public land.
4. Establish criteria for the issuance of special incentive elk tags based upon:
(a) The percentage of private land controlled by the applicant;
(b) The portion of the population of elk above the target level for elk established by the land management agency; and
(c) Limiting the number of special incentive elk tags issued in each calendar year to not more than one-half of the bull elk tags issued in that calendar year,
within the actual elk use area in the unit or units of the management area or areas in which the private land is located.
5. Provide that special incentive elk tags are valid for both sexes of elk.
6. Prohibit a person who has, within a particular calendar year, applied for or received compensation pursuant to NRS 504.165 as reimbursement for damage caused by elk to private land from applying, within the same calendar year, for a special incentive elk tag for the same private land.
7. Allow a group of owners, lessees and managers of private land to qualify for a special incentive elk tag for their combined lands.
8. Ensure that the issuance of special incentive elk tags will not result in the number of bull elk tags issued in any year being reduced to a number below the quota for bull elk tags established by the commission for 1997.
9. Provide that a person to whom a special incentive elk tag is issued by the commission pursuant to this section may:
(a) If he holds a valid hunting license issued by this state, use the special incentive elk tag himself; or
(b) Sell the special incentive elk tag to another person who holds a valid hunting license issued by this state at any price upon which the parties mutually agree.".
Amend section 1, page 2, between lines 27 and 28, by inserting:
"12. As used in this section, "actual elk use area" means an area in which elk live, as identified and designated by the division.".
Amend sec. 2, page 3, by deleting lines 8 through 11 and inserting:
"3. The regulations must:
(a) Provide for the payment of money or other compensation to cover the costs of labor and materials necessary to prevent or mitigate damage to private property and privately maintained improvements caused by elk or game mammals not native to this state.
(b) Prohibit a person who has, within a particular calendar year, applied for or received a special incentive elk tag pursuant to section 1 of this act from applying, within the same calendar year, for compensation pursuant to this section for the same private land.".
Assemblyman Carpenter moved the adoption of the amendment.
Remarks by Assemblyman Carpenter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 500.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 525.
Amend section 1, page 1, line 9, after "agreement." by inserting:
"The agreement must require the county treasurer to prepare an annual statement that includes an accounting of revenues and expenditures and the balance in the state sheep inspection account. The statement must cover the most recent fiscal year and must be submitted, within 90 days after the end of that fiscal year, to the county treasurer, the president of the board, the director of the department of administration, the state controller and the legislative auditor.".
Amend section 1, page 2, by deleting lines 4 and 5.
Amend sec. 10, page 3, line 42, after "agreement." by inserting:
"The agreement must require the county treasurer to prepare an annual statement that includes an accounting of revenues and expenditures and the balance in the woolgrowers' state account for control of predatory animals. The statement must cover the most recent fiscal year and must be submitted, within 90 days after the end of that fiscal year, to the county treasurer, the president of the board, the director of the department of administration, the state controller and the legislative auditor.".
Amend sec. 10, page 4, by deleting lines 9 and 10.
Assemblyman Humke moved the adoption of the amendment.
Remarks by Assemblyman Humke.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 511.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 611.
Amend sec. 3, page 3, line 7, after "3." by inserting:
"The provisions of this section do not apply to commercial displays of fireworks.
4.".
Amend sec. 3, page 3, by deleting line 20 and inserting "composition;".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Assemblyman Arberry moved that Assembly Bill No. 511 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.
Assembly Bill No. 521.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 640.
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. "Bona fide association" means, with respect to health insurance coverage offered in this state, an association that:
1. Has been actively in existence for at least 5 years;
2. Has been formed and maintained in good faith for purposes other than obtaining insurance;
3. Does not condition membership in the association on any health status-related factor relating to an individual, including an employee of an employer or a dependent of an employee;
4. Makes health insurance coverage offered through the association available to all of its members regardless of any health status-related factors of the members or other individuals who are eligible for such health insurance coverage through a member of the association;
5. Does not make health insurance coverage offered through the association available other than in connection with a member of the association; and
6. Meets such additional requirements as may be imposed by specific statute.".
Amend sec. 10, page 2, line 25, by deleting "1.".
Amend sec. 10, page 2, line 26, by deleting "(a)" and inserting "1.".
Amend sec. 10, page 2, line 27, by deleting "(1)" and inserting "(a)".
Amend sec. 10, page 2, line 30, by deleting "(2)" and inserting "(b)".
Amend sec. 10, page 2, line 33, by deleting "(3)" and inserting "(c)".
Amend sec. 10, page 2, line 38, by deleting "(4)" and inserting "(d)".
Amend sec. 10, page 2, line 40, by deleting "and ".
Amend sec. 10, page 2, line 41, by deleting "(5)" and inserting "(e)".
Amend sec. 10, pages 2 and 3, by deleting lines 42 through 44 on page 2 and lines 1 through 8 on page 3 and inserting:
"Consolidated Omnibus Budget Reconciliation Act of 1985, or under a similar state program, if any; and
(f) Who has not had a break of more than 63 consecutive days in his creditable coverage.
2. Notwithstanding the provisions of paragraph (a) of subsection 1, a newborn child or a child placed for adoption, if the child was enrolled timely and would have otherwise met the requirements of an eligible person as set forth in subsection 1.".
Amend sec. 13, page 3, line 15, after "to" by inserting "it ".
Amend sec. 14, page 3, line 19, before ""Group" by inserting "1.".
Amend sec. 14, page 3, after line 24, by inserting:
"2. The term does not include:
(a) Coverage that is only for accident or disability income insurance, or any combination thereof;
(b) Coverage issued as a supplement to liability insurance;
(c) Liability insurance, including general liability insurance and automobile liability insurance;
(d) Workers' compensation or similar insurance;
(e) Coverage for medical payments under a policy of automobile insurance;
(f) Credit insurance;
(g) Coverage for on-site medical clinics; and
(h) Other similar insurance coverage specified in federal regulations adopted pursuant to Public Law 104-191 under which benefits for medical care are secondary or incidental to other insurance benefits.
3. The term does not include the following benefits if the benefits are provided under a separate policy, certificate or contract of insurance or are otherwise not an integral part of a health benefit plan:
(a) Limited-scope dental or vision benefits;
(b) Benefits for long-term care, nursing home care, home health care or community-based care, or any combination thereof; and
(c) Such other similar benefits as are specified in federal regulations adopted pursuant to Public Law 104-191.
4. The term does not include the following benefits if the benefits are provided under a separate policy, certificate or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and such benefits are paid for a claim without regard to whether benefits are provided for such a claim under any group health plan maintained by the same plan sponsor:
(a) Coverage that is only for a specified disease or illness; and
(b) Hospital indemnity or other fixed indemnity insurance.
5. The term does not include any of the following, if offered as a separate policy, certificate or contract of insurance:
(a) Medicare supplemental health insurance as defined in section 1882(g)(1) of the Social Security Act, as that section existed on the effective date of this act;
(b) Coverage supplemental to the coverage provided pursuant to chapter 55 of Title 10, United States Code (Civilian Health and Medical Program of Uniformed Services (CHAMPUS)); and
(c) Similar supplemental coverage provided under a group health plan.".
Amend sec. 17, page 4, line 43, by deleting the period and inserting:
"to individuals and their dependents in this state.".
Amend sec. 18, page 5, line 1, by deleting "eligible persons" and inserting "individuals".
Amend sec. 18, page 5, line 2, by deleting "professional " and inserting "bona fide".
Amend sec. 18, page 5, line 4, by deleting "eligible person" and inserting "individual ".
Amend sec. 18, page 5, line 6, by deleting "professional " and inserting "bona fide".
Amend sec. 18, page 5, line 8, by deleting "eligible person" and inserting "individual ".
Amend sec. 20, page 5, by deleting lines 15 and 16 and inserting:
"that has elected to act as a risk-assuming carrier.".
Amend sec. 21, page 5, by deleting lines 17 through 23, and inserting:
"Sec. 21. (Deleted by amendment.)".
Amend sec. 22, page 5, line 24, by deleting "professional " and inserting "bona fide".
Amend sec. 22, page 5, line 25, by deleting "professional " and inserting "bona fide".
Amend sec. 26, page 5, by deleting lines 40 through 43 and inserting:
"Sec. 26. (Deleted by amendment.)".
Amend sec. 28, page 6, by deleting lines 3 through 24 and inserting:
"Sec. 28. (Deleted by amendment.)".
Amend sec. 29, page 6, line 26, by deleting "individuals" and inserting "eligible persons".
Amend sec. 32, page 6, by deleting lines 36 and 37 and inserting:
"(a) Any health benefit plan that must be made available to eligible persons; and ".
Amend the bill as a whole by adding a new section designated sec. 33.5, following sec. 33, to read as follows:
"Sec. 33.5. A person who meets the requirements to be an eligible person as set forth in section 10 of this act, except that the person had a break in creditable coverage of more than 63 days, shall be deemed to be an eligible person and is eligible to obtain health insurance coverage pursuant to this chapter as an eligible person if the person seeks that coverage between January 1, 1998, and January 31, 1998, inclusive.".
Amend sec. 34, page 7, by deleting lines 35 through 37 and inserting:
"bona fide association if the eligible persons being marketed are actively engaged in, or directly related to, the bona fide association.".
Amend sec. 35, page 7, line 39, by deleting "professional " and inserting "bona fide".
Amend sec. 35, page 7, line 43, by deleting "professional " and inserting "bona fide".
Amend sec. 35, page 8, line 2, by deleting "professional " and inserting "bona fide".
Amend sec. 35, page 8, line 3, by deleting "professional " and inserting "bona fide".
Amend sec. 35, page 8, by deleting lines 6 through 8.
Amend sec. 35, page 8, line 9, by deleting "5." and inserting "4.".
Amend sec. 36, page 8, line 23, by deleting "1996," and inserting "1998,".
Amend sec. 38, page 9, by deleting lines 8 through 12 and inserting:
"notice of cancellation or nonrenewal is delivered or mailed to the persons covered by the insurance to be discontinued pursuant to subparagraph (2).
(2) Provide notice of its intention to all persons covered by the discontinued insurance and to the commissioner and the chief regulatory officer for insurance in each state in which such a person is known to reside. The notice must be made at".
Amend sec. 38, page 9, line 23, by deleting "affected persons" and inserting:
"persons covered by the discontinued insurance".
Amend sec. 38, page 9, line 34, by deleting "affected persons" and inserting:
"persons covered by the discontinued insurance".
Amend sec. 38, page 9, line 35, by deleting "affected person," and inserting:
"person covered by the discontinued insurance,".
Amend sec. 38, page 9, lines 36 and 37, by deleting:
"an affected person" and inserting:
"a person covered by the discontinued insurance".
Amend sec. 38, page 9, line 39, by deleting "affected persons" and inserting:
"persons covered by the discontinued insurance".
Amend sec. 38, page 9, line 41, by deleting "affected person" and inserting:
"person covered by the discontinued insurance".
Amend sec. 38, page 10, line 4, by deleting "affected persons" and inserting:
"persons covered by the discontinued insurance".
Amend sec. 38, page 10, line 9, by deleting "professional " and inserting "bona fide".
Amend sec. 39, page 10, line 27, by deleting "or work".
Amend sec. 40, page 10, line 38, by deleting "offer" and inserting "market".
Amend sec. 40, page 10, line 44, by deleting "offers" and inserting "makes available".
Amend sec. 40, page 11, line 3, after "any" by inserting:
"basic or standard ".
Amend sec. 41, page 11, line 9, by deleting "180" and inserting "90".
Amend sec. 41, page 11, line 11, by deleting "180" and inserting "90".
Amend sec. 42, page 11, by deleting lines 29 and 30, and inserting:
"2. Modify a health benefit plan, with respect to an eligible person, through riders, endorsements or otherwise, to restrict or exclude".
Amend sec. 43, pages 11 and 12, by deleting line 43 on page 11 and lines 1 through 3 on page 12 and inserting:
"to additional eligible persons until the individual carrier demonstrates to the satisfaction of the".
Amend sec. 45, page 12, line 22, by deleting "professional " and inserting "bona fide".
Amend sec. 46, page 12, by deleting lines 27 through 31 and inserting:
"market in this state, an individual carrier shall elect to operate as either an individual risk-assuming carrier or an individual reinsuring carrier and shall notify the commissioner of its election.".
Amend sec. 46, page 12, by deleting lines 37 through 39 and inserting:
"election at any time for good cause shown. The commissioner may waive or modify the period during which the election of a carrier to operate as an".
Amend sec. 46, page 13, line 1, by deleting:
"applies and is approved " and inserting:
"elects or is subsequently authorized by the commissioner".
Amend sec. 47, page 13, by deleting lines 8 through 31 and inserting:
"Sec. 47. 1. The commissioner may suspend the election of an individual carrier to".
Amend sec. 47, page 13, line 39, after the semicolon, by inserting "or".
Amend sec. 47, page 13, line 41, by deleting "act; or" and inserting "act.".
Amend sec. 47, page 13, by deleting lines 42 and 43.
Amend sec. 47, page 14, line 1, by deleting "5." and inserting "2.".
Amend sec. 48, page 14, by deleting lines 10 and 11 and inserting:
"characteristics and design of benefits, the rate for any block of business for an individual health benefit plan".
Amend sec. 48, page 14, line 17, by deleting "paragraph," and inserting "subsection,".
Amend sec. 48, page 14, by deleting lines 19 through 24 and inserting:
"2. In determining the rating factors to establish premium rates for a health benefit plan, an individual carrier shall not use characteristics other than age, sex, occupation, geographic area, composition of the family of the individual and health status.
3. If an individual carrier uses health status as a rating factor in establishing premium rates, the highest factor associated with any classification for health status may not exceed the lowest factor by more than 75 percent.".
Amend sec. 48, page 14, line 25, by deleting "3." and inserting "4.".
Amend sec. 48, page 14, line 26, after "rating, or" by inserting "adverse".
Amend sec. 48, page 14, after line 27, by inserting:
"5. As used in this section, "characteristics" means demographic or other information concerning individuals that is considered by a carrier in the determination of premium rates for individuals.".
Amend sec. 49, page 14, line 29, after "business" by inserting:
"of an individual carrier".
Amend sec. 49, page 14, line 32, by deleting "an" and inserting "that".
Amend sec. 49, page 15, by deleting lines 1 through 6.
Amend sec. 49, page 15, line 7, by deleting "5." and inserting "4.".
Amend sec. 49, page 15, by deleting lines 13 through 18.
Amend sec. 51, page 15, line 34, after the semicolon, by inserting "and ".
Amend sec. 51, page 15, by deleting lines 36 through 39 and inserting:
"exclusion for a preexisting condition.".
Amend sec. 54, page 17, line 21, by deleting "is" and inserting "may constitute".
Amend sec. 54, page 17, after line 27, by inserting:
"9. Nothing in this section interferes with the right and responsibility of a broker to advise and represent the best interests of an eligible person who is seeking health insurance coverage from an individual carrier.".
Amend sec. 55, page 17, lines 29 and 30, by deleting "eligible persons" and inserting "individuals".
Amend sec. 55, page 17, line 31, by deleting "eligible person" and inserting "individual ".
Amend sec. 55, page 17, line 32, by deleting "January" and inserting "July".
Amend sec. 55, page 17, by deleting line 35 and inserting "individuals.".
Amend sec. 56, page 17, line 38, after "of coverage" by inserting:
"on a form prescribed by the commissioner".
Amend sec. 56, pages 17 and 18, by deleting lines 41 through 44 on page 17 and lines 1 and 2 on page 18 and inserting:
"health insurance coverage; and
(b) The date that a substantially completed application was received by the health insurance issuer from the person for individual health insurance coverage.".
Amend sec. 65, page 19, line 31, before ""Group" by inserting "1.".
Amend sec. 65, page 19, after line 36, by inserting:
"2. The term does not include:
(a) Coverage that is only for accident or disability income insurance, or any combination thereof;
(b) Coverage issued as a supplement to liability insurance;
(c) Liability insurance, including general liability insurance and automobile liability insurance;
(d) Workers' compensation or similar insurance;
(e) Coverage for medical payments under a policy of automobile insurance;
(f) Credit insurance;
(g) Coverage for on-site medical clinics; and
(h) Other similar insurance coverage specified in federal regulations adopted pursuant to Public Law 104-191 under which benefits for medical care are secondary or incidental to other insurance benefits.
3. The term does not include the following benefits if the benefits are provided under a separate policy, certificate or contract of insurance or are otherwise not an integral part of a health benefit plan:
(a) Limited-scope dental or vision benefits;
(b) Benefits for long-term care, nursing home care, home health care or community-based care, or any combination thereof; and
(c) Such other similar benefits as are specified in any federal regulations adopted pursuant to Public Law 104-191.
4. The term does not include the following benefits if the benefits are provided under a separate policy, certificate or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and such benefits are paid for a claim without regard to whether benefits are provided for such a claim under any group health plan maintained by the same plan sponsor:
(a) Coverage that is only for a specified disease or illness; and
(b) Hospital indemnity or other fixed indemnity insurance.
5. The term does not include any of the following, if offered as a separate policy, certificate or contract of insurance:
(a) Medicare supplemental health insurance as defined in section 1882(g)(1) of the Social Security Act, as that section existed on the effective date of this act;
(b) Coverage supplemental to the coverage provided pursuant to chapter 55 of Title 10, United States Code (Civilian Health and Medical Program of Uniformed Services (CHAMPUS)); and
(c) Similar supplemental coverage provided under a group health plan.".
Amend sec. 69, page 21, by deleting lines 12 through 19 and inserting:
"Sec. 69. (Deleted by amendment.)".
Amend sec. 73, page 21, by deleting lines 31 through 34 and inserting:
"Sec. 73. (Deleted by amendment.)".
Amend sec. 74, page 21, by deleting lines 35 through 37 and inserting:
"Sec. 74. "Waiting period" means the period established by a plan of health insurance that must pass before a person who is an eligible participant or beneficiary in a plan is covered for benefits under the terms of the plan.".
Amend sec. 77, page 22, line 40, after "certification" by inserting:
"on a form prescribed by the commissioner".
Amend sec. 78, page 23, by deleting lines 18 through 21, and inserting:
"not deny, exclude or limit a benefit for a preexisting condition for:
(a) More than 12 months after the effective date of coverage if the employee enrolls through open enrollment or after the first day of the waiting period for such enrollment, whichever is earlier; or
(b) More than 18 months after the effective date of coverage for a late enrollee.
A carrier may not define a".
Amend sec. 78, page 23, line 28, by deleting "90" and inserting "63".
Amend sec. 78, page 23, line 32, after the semicolon, by inserting "or".
Amend sec. 78, page 23, line 33, by deleting "90" and inserting "63".
Amend sec. 78, page 23, by deleting lines 35 through 42 and inserting:
"group health plan.".
Amend sec. 78, page 24, line 21, by deleting "covered ".
Amend sec. 78, page 24, line 22, by deleting "90" and inserting "63".
Amend sec. 78, page 25, line 10, after "enrollment" by inserting:
", subject to any waiting period,".
Amend sec. 80, page 25, line 19, by deleting "A" and inserting:
"Except as otherwise provided in this subsection, a".
Amend sec. 80, page 25, after line 25, by inserting:
"The provisions of this subsection do not apply to any group health plan or health insurance coverage in any case in which the decision to discharge the mother or newborn infant before the expiration of the minimum period set forth in this subsection is made by the attending physician of the mother or newborn infant.".
Amend sec. 80, page 26, line 3, by deleting "section prohibits" and inserting:
"section:
(a) Prohibits".
Amend sec. 80, page 26, after line 9, by inserting:
"(b) Prohibits an arrangement for payment between a group health plan or carrier and a provider of health care that uses capitation or other financial incentives, if the arrangement is designed to provide services efficiently and consistently in the best interest of the mother and her newborn infant.
(c) Prevents a group health plan or carrier from negotiating with a provider of health care concerning the level and type of reimbursement to be provided in accordance with this section.".
Amend sec. 81, page 26, line 11, by deleting "his dependent" and inserting:
"a dependent of an employee covered by the group health insurance".
Amend sec. 82, page 26, line 31, after "employee" by inserting:
"covered by the group health plan".
Amend sec. 83, page 28, by deleting line 2 and inserting:
"a similarly situated person covered by similar coverage".
Amend sec. 84, page 28, line 33, by deleting "affected persons" and inserting:
"persons covered by the discontinued insurance".
Amend sec. 84, page 28, line 35, by deleting "affected persons" and inserting:
"persons covered by the discontinued insurance".
Amend sec. 84, page 28, line 37, by deleting "an affected " and inserting "such a".
Amend sec. 84, page 29, line 7, by deleting "affected persons" and inserting:
"persons covered by the discontinued insurance".
Amend sec. 84, page 29, by deleting lines 9 and 10 and inserting:
"(b) The carrier notifies each person covered by the discontinued insurance and the commissioner and the chief regulatory officer in each state in which such a person is".
Amend sec. 84, page 29, line 14, by deleting "affected person" and inserting:
"person covered by the discontinued insurance".
Amend sec. 84, page 29, lines 19 and 20, by deleting "affected persons" and inserting:
"persons covered by the discontinued insurance".
Amend sec. 84, page 29, line 25, by deleting "professional " and inserting "bona fide".
Amend sec. 84, page 29, line 27, by deleting "professional " and inserting "bona fide".
Amend sec. 84, page 29, line 29, by deleting "professional " and inserting "bona fide".
Amend sec. 84, page 29, line 42, by deleting ""professional " and inserting ""bona fide".
Amend sec. 84, page 29, line 43, by deleting "28" and inserting "4.5".
Amend sec. 85, page 30, line 5, by deleting "insurance." and inserting:
"insurance, provided that such coverage is refused or terminated uniformly without regard to any health status-related factor for any employee of the employer.".
Amend sec. 88, page 31, line 23, after "health insurance" by inserting:
"for groups of 51 persons or more".
Amend sec. 88, page 31, line 25, after "aggregate" by inserting "lifetime".
Amend sec. 88, page 31, line 26, after "aggregate" by inserting "lifetime".
Amend sec. 88, page 31, line 42, after "health insurance" by inserting:
"for groups of 51 persons or more".
Amend sec. 88, page 32, line 4, by deleting "lifetime".
Amend sec. 88, page 32, line 5, by deleting "lifetime".
Amend sec. 88, page 32, line 7, by deleting "lifetime".
Amend sec. 88, page 32, by deleting line 8 and inserting:
"(c) Includes no annual limit, or different annual limits, on".
Amend sec. 88, page 32, line 10, by deleting "lifetime".
Amend sec. 88, page 32, line 12, by deleting "lifetime".
Amend sec. 88, page 32, line 14, by deleting "lifetime".
Amend sec. 89, page 33, by deleting line 25 and inserting:
"4. The insurer shall make available to an employer upon request a copy of the disclosure".
Amend the bill as a whole by adding a new section designated sec. 96.5, following sec. 96, to read as follows:
"Sec. 96.5. "Bona fide association" has the meaning ascribed to it in section 4.5 of this act.".
Amend sec. 102, page 36, line 23, before ""Group" by inserting "1.".
Amend sec. 102, page 36, after line 28, by inserting:
"2. The term does not include:
(a) Coverage that is only for accident or disability income insurance, or any combination thereof;
(b) Coverage issued as a supplement to liability insurance;
(c) Liability insurance, including general liability insurance and automobile liability insurance;
(d) Workers' compensation or similar insurance;
(e) Coverage for medical payments under a policy of automobile insurance;
(f) Credit insurance;
(g) Coverage for on-site medical clinics; and
(h) Other similar insurance coverage specified in federal regulations adopted pursuant to Public Law 104-191 under which benefits for medical care are secondary or incidental to other insurance benefits.
3. The term does not include the following benefits if the benefits are provided under a separate policy, certificate or contract of insurance or are otherwise not an integral part of a health benefit plan:
(a) Limited-scope dental or vision benefits;
(b) Benefits for long-term care, nursing home care, home health care or community-based care, or any combination thereof; and
(c) Such other similar benefits as are specified in federal regulations adopted pursuant to Public Law 104-191.
4. The term does not include the following benefits if the benefits are provided under a separate policy, certificate or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and such benefits are paid for a claim without regard to whether benefits are provided for such a claim under any group health plan maintained by the same plan sponsor:
(a) Coverage that is only for a specified disease or illness; and
(b) Hospital indemnity or other fixed indemnity insurance.
5. The term does not include any of the following, if offered as a separate policy, certificate or contract of insurance:
(a) Medicare supplemental health insurance as defined in section 1882(g)(1) of the Social Security Act, as that section existed on the effective date of this act;
(b) Coverage supplemental to the coverage provided pursuant to chapter 55 of Title 10, United States Code (Civilian Health and Medical Program of Uniformed Services (CHAMPUS)); and
(c) Similar supplemental coverage provided under a group health plan.".
Amend sec. 104, pages 36 and 37, by deleting lines 40 through 44 on page 36 and lines 1 and 2 on page 37 and inserting:
"Sec. 104. (Deleted by amendment.)".
Amend sec. 107, page 37, line 11, by deleting "professional " and inserting "bona fide".
Amend sec. 110, page 37, by deleting lines 22 through 25 and inserting:
"Sec. 110. (Deleted by amendment.)".
Amend sec. 112, page 37, by deleting lines 28 and 29 and inserting:
"Sec. 112. (Deleted by amendment.)".
Amend sec. 113, page 37, line 31, by deleting "individuals" and inserting "eligible persons".
Amend sec. 114, page 37, by deleting lines 33 and 34 and inserting:
"Sec. 114. "Risk-assuming carrier" means a small employer carrier that has elected to act as a risk-assuming carrier.".
Amend sec. 116, page 37, by deleting lines 37 through 40 and inserting:
"Sec. 116. "Waiting period" means the period established by a plan of health insurance that must pass before a person who is an eligible participant or beneficiary in a plan is covered for benefits under the terms of the plan.".
Amend sec. 117, pages 37 and 38, by deleting lines 41 through 43 on page 37 and lines 1 through 11 on page 38, and inserting:
"Sec. 117. 1. For the purposes of this chapter, and except as otherwise provided in".
Amend sec. 117, page 38, line 12, by deleting "3," and inserting "2,".
Amend sec. 117, page 38, line 17, by deleting "3." and inserting "2.".
Amend sec. 117, page 38, line 20, by deleting "4." and inserting "3.".
Amend sec. 117, page 38, line 23, by deleting "50 " and inserting "30 ".
Amend sec. 119, page 38, line 41, by deleting "professional " and inserting "bona fide".
Amend sec. 119, page 38, by deleting lines 43 and 44 and inserting:
"actively engaged in, or directly related to, the bona fide association.".
Amend sec. 120, page 39, by deleting lines 1 through 4 and inserting:
"Sec. 120. 1. If an employer was not in existence throughout the entire".
Amend sec. 121, page 39, line 16, by deleting "offer" and inserting "market".
Amend sec. 121, page 39, line 21, by deleting "offers" and inserting "makes available".
Amend sec. 125, page 40, by deleting lines 37 through 40 and inserting:
"service area until the carrier demonstrates to the satisfaction of the commissioner".
Amend sec. 126, page 41, line 2, by deleting "professional " and inserting "bona fide".
Amend sec. 127, page 41, by deleting line 4 and inserting:
"permit an employee or a dependent of an employee covered by the health benefit plan who is eligible, but not enrolled, for".
Amend sec. 128, page 41, line 24, by deleting "an" and inserting "a covered ".
Amend sec. 129, page 42, line 14, by deleting:
"that elects to operate as" and inserting:
"shall elect to operate as either".
Amend sec. 129, page 42, by deleting lines 15 through 17 and inserting:
"assuming carrier or a reinsuring carrier and shall notify the commissioner of its election.".
Amend sec. 129, page 42, by deleting lines 22 through 24 and inserting:
"a carrier to modify its election at any time for good cause shown. The commissioner may waive or modify the period during which the election of a carrier to operate as a risk-".
Amend sec. 129, page 42, line 29, by deleting:
"applies and is approved " and inserting:
"elects or is subsequently authorized by the commissioner".
Amend sec. 130, page 43, by deleting lines 1 through 19 and inserting:
"Sec. 130. 1. The commissioner may suspend the election of a carrier to act as a".
Amend sec. 130, page 43, line 27, after the semicolon, by inserting "or".
Amend sec. 130, page 43, line 29, by deleting:
"NRS 689C.190; or" and inserting "NRS 689C.190.".
Amend sec. 130, page 43, by deleting lines 30 and 31.
Amend sec. 130, page 43, line 32, by deleting "5." and inserting "2.".
Amend sec. 131, page 44, line 26, by deleting "is" and inserting "may constitute".
Amend sec. 131, page 44, after line 32, by inserting:
"8. Nothing in this section interferes with the right and responsibility of a broker to advise and represent the best interests of a small employer who is seeking health insurance coverage from a small employer carrier.".
Amend sec. 133, page 44, line 42, by deleting "January" and inserting "July".
Amend sec. 134, page 45, line 1, by deleting "A" and inserting:
"Except as otherwise provided in this subsection, a".
Amend sec. 134, page 45, after line 9, by inserting:
"The provisions of this subsection do not apply to any health benefit plan in any case in which the decision to discharge the mother or newborn infant before the expiration of the minimum period set forth in this subsection is made by the attending physician of the mother or newborn infant.".
Amend sec. 134, page 45, line 27, by deleting "section prohibits" and inserting:
"section:
(a) Prohibits".
Amend sec. 134, page 45, after line 33, by inserting:
"(b) Prohibits an arrangement for payment between a health benefit plan or carrier and a provider of health care that uses capitation or other financial incentives, if the arrangement is designed to provide services efficiently and consistently in the best interest of the mother and her newborn infant.
(c) Prevents a health benefit plan or carrier from negotiating with a provider of health care concerning the level and type of reimbursement to be provided in accordance with this section.".
Amend sec. 135, page 46, by deleting line 21 and inserting:
"situated person covered by similar coverage on the".
Amend sec. 137, page 47, line 31, after "coverage" by inserting:
"on a form prescribed by the commissioner".
Amend sec. 150, page 49, line 38, after "individuals" by inserting:
"and their dependents".
Amend sec. 151, page 49, by deleting line 41 and inserting:
"coverage of a bona fide association, for individuals and their".
Amend sec. 151, page 49, line 43, by deleting "eligible person" and inserting "individual ".
Amend sec. 151, page 50, line 1, by deleting "professional " and inserting "bona fide".
Amend sec. 152, page 50, line 7, by deleting "is eligible" and inserting "has elected ".
Amend sec. 153, page 50, by deleting lines 9 and 10 and inserting:
"carrier that has elected to act as a risk-assuming carrier.".
Amend sec. 155, page 50, by deleting lines 13 and 14 and inserting:
"Sec. 155. (Deleted by amendment.)".
Amend sec. 156, page 50, line 16, by deleting "individuals" and inserting "eligible persons".
Amend sec. 158, page 50, by deleting lines 21 and 22 and inserting:
"that has elected to act as a risk-assuming carrier.".
Amend sec. 159, page 50, line 24, by deleting "individuals." and inserting "eligible persons.".
Amend sec. 161, page 51, by deleting lines 6 through 13 and inserting:
"Sec. 161. (Deleted by amendment.)".
Amend sec. 163, page 51, line 23, by deleting "180" and inserting "120".
Amend sec. 163, page 51, line 37, by deleting "180" and inserting "120".
Amend sec. 167, page 54, line 42, after "of " by inserting "initial ".
Amend sec. 170, page 56, line 20, after "assessments" by inserting:
"against reinsuring carriers".
Amend sec. 170, page 56, after line 28, by inserting:
"6. In determining the amount of net loss pursuant to this section, the board shall include any expenses incurred by the program of reinsurance in providing such reinsurance.".
Amend sec. 171, pages 56 and 57, by deleting lines 29 through 43 on page 56 and lines 1 and 2 on page 57 and inserting:
"Sec. 171. 1. Any net loss from reinsuring individual eligible persons and their dependents must be recouped by assessments against individual reinsuring carriers.
2. As part of the plan of operation, the board shall establish a formula pursuant to which assessments may be made against individual reinsuring carriers to recover the net loss. The formula must be based on:
(a) The share of each individual reinsuring carrier of the total premiums earned by all individual reinsuring carriers during the preceding calendar year from existing health benefit plans delivered or issued for delivery to individuals in this state; and
(b) The share of each individual reinsuring carrier of the premiums earned by all individual reinsuring carriers in the preceding calendar year from newly issued health benefit plans delivered or issued for delivery during that year to individuals in this state.
3. An assessment made against an individual reinsuring carrier pursuant to this section must not be less than 50 percent nor more than 150 percent of an amount equal to the proportion of the total premium earned by the individual reinsuring carrier during the preceding calendar year from health benefit plans delivered or issued for delivery to individuals in this state to the total premiums earned by all such carriers in the preceding calendar year for such health benefit plans.
4. The board may, with the approval of the commissioner, change the formula for determining assessments against individual reinsuring carriers established pursuant to this section as necessary. The board may provide that, during any transitional period, the shares of the assessment base attributable to the total premiums and to the premiums of the previous year may vary.
5. Subject to the approval of the commissioner, the board shall adjust the formula for assessing individual reinsuring carriers that are approved health maintenance organizations which are federally qualified under 42 U.S.C. §§ 300 et seq., to the extent that any restrictions are placed on such individual reinsuring carriers that are not imposed on other individual carriers.
6. In determining the amount of net loss pursuant to this section, the board shall include any expenses incurred by the program of reinsurance in providing such reinsurance.".
Amend sec. 173, pages 57 and 58, by deleting lines 27 through 43 on page 57 and lines 1 through 32 on page 58 and inserting:
"Sec. 173. 1. If, in each of 2 consecutive years, the board determines that the amount of the assessment needed exceeds 5 percent of the total premiums earned in the previous calendar year from health benefit plans delivered or issued for delivery to small employers by reinsuring carriers, the program of reinsurance is eligible for additional funding pursuant to this section.
2. If, in each of 2 consecutive years, the board determines that the amount of the assessment needed exceeds 5 percent of the total premiums earned in the previous calendar year from health benefit plans delivered or issued for delivery to individuals by individual reinsuring carriers, the program of reinsurance is eligible for additional funding pursuant to this section.
3. To raise such additional funding, the board shall establish a formula pursuant to which additional assessments may be made on all carriers that offer a health benefit plan or provide stop-loss coverage for a health benefit plan which is an employee-sponsored plan or a plan established pursuant to the Labor-Management Relations Act, 1947, as amended. The total additional assessments on all such carriers combined may not exceed one-half of 1 percent of the total premiums earned from all health benefit plans and stop-loss coverage issued in this state in the previous calendar year.".
Amend the bill as a whole by adding new sections designated sections 175.3 and 175.7, following sec. 175, to read as follows:
"Sec. 175.3. 1. The board shall issue to each insurer paying an assessment under this chapter a certificate of contribution, in a form prescribed by the commissioner, for the amount so paid. All outstanding certificates are of equal dignity and priority without reference to the amounts or dates of issue. A member insurer may show a certificate of contribution as an asset in its financial statement in such form, for such amount, if any, and for such period as the commissioner may approve.
2. A carrier may offset against its liability for premium tax to this state, accrued with respect to business transacted in a calendar year, an amount equal to 20 percent of the amount certified pursuant to subsection 1 in each of the 5 calendar years following the year in which the assessment was paid. If an insurer ceases to transact business, it may offset all uncredited assessments against its liability for premium tax for the year in which it ceases to transact business.
Sec. 175.7. Subject to the approval of the commissioner, the board shall adjust the formula for assessing carriers that are approved health maintenance organizations which are federally qualified under 42 U.S.C. §§ 300 et seq., to the extent that any restrictions are placed on such carriers that are not imposed on other carriers.".
Amend sec. 180, page 61, line 6, by deleting "180" and inserting "120".
Amend sec. 184, pages 61 and 62, by deleting lines 42 through 44 on page 61 and lines 1 through 15 on page 62 and inserting:
"Sec. 184. (Deleted by amendment.)".
Amend sec. 186, page 63, by deleting lines 29 through 33 and inserting:
"entity actively engaged in a business [which, on at least one-half of its working days during the preceding year, employed no fewer than 2 and no more than 25 employees, which] :
(a) Which, with respect to a calendar year and a plan year, employed on business days during the preceding calendar year an average of at least 2, but not more than 50 employees, a majority of whom are residents of this state, who have a normal work week of 30 hours or more, and which employs at least 2 employees on the first day of the plan year;".
Amend sec. 188, page 64, by deleting lines 18 through 22 and inserting "employer's group.".
Amend sec. 188, page 64, line 26, by deleting:
"met . [," and inserting "met,".
Amend sec. 188, page 64, line 28, by deleting the closed bracket.
Amend sec. 189, page 64, line 40, by deleting "group . [," and inserting "group,".
Amend sec. 189, page 64, line 44, by deleting the closed bracket.
Amend sec. 190, page 65, by deleting lines 27 through 29 and inserting:
"shall not deny, exclude or limit a [covered] benefit for a preexisting condition:
(a) For more than [6] 12 months after the effective date of coverage if the".
Amend sec. 190, page 65, by deleting lines 41 and 42 and inserting:
"first day of the waiting period for such enrollment, whichever is earlier; or
(b) For more than 18 months after the effective date of coverage for a late enrollee.
A carrier may not define a preexisting condition in its health benefit plan more".
Amend sec. 190, page 66, line 5, by deleting "90" and inserting "63".
Amend sec. 190, page 66, line 8, after the semicolon, by inserting "or".
Amend sec. 190, page 66, by deleting lines 11 through 18 and inserting:
"health benefit plan.".
Amend sec. 190, page 68, line 21, after "enrollment" by inserting:
", subject to any waiting period,".
Amend the bill as a whole by adding new sections designated sections 191.3 and 191.5, following sec. 191, to read as follows:
"Sec. 191.3. NRS 689C.210 is hereby amended to read as follows:
689C.2101. Except as otherwise provided in subsection 3, a carrier shall not increase the premium rate charged to a small employer for a new rating period by a percentage greater than the sum of:
(a) The percentage of change in the premium rate for new business for the policy under which the small employer is covered, measured from the first day of the previous rating period to the first day of the new rating period;
(b) An adjustment, not to exceed 15 percent annually, adjusted pro rata for rating periods of less than 1 year, on account of the claim experience, health status, or duration of coverage of the employees or dependents of the small employer as determined from the carrier's rate manual for the class of business; and
(c) Any adjustment on account of change in coverage or change in the characteristics of the small employer as determined from the carrier's rate manual for the class of business.
2. If the carrier no longer issues new policies for that class of business, the carrier shall use the percentage of change in the premium rate for new business for the class of business which is most similar to the closed class of business and for which the carrier is issuing new policies.
3. In the case of health benefit plans delivered or issued for delivery before January 1, 1996, for groups with no fewer than 2 and no more than 25 employees, or before July 1, 1997, for groups with no fewer than 26 and no more than 50 employees, a premium rate for a rating period may exceed the ranges set forth in paragraphs (a) and (b) of subsection 1 for a period of 3 years following that date. In that case, the percentage of increase in the premium rate charged to a small employer for a new rating period may not exceed the sum of:
(a) The percentage of change in the premium rate for new business measured from the first day of the previous rating period to the first day of the new rating period. In the case of a health benefit plan into which the carrier is no longer enrolling new small employers, the carrier shall use the percentage of change in the base premium rate if that change does not exceed, on a percentage basis, the change in the premium rate for new business for the most similar health benefit plan into which the carrier is actively enrolling new small employers.
(b) Any adjustment on account of change in coverage or change in the characteristics of the small employer as determined from the carrier's rate manual for the class of business.
[4. As used in this section, "premium rate for new business" means, for each class of business as to a rating period, the lowest premium rate charged or offered or which could have been charged or offered by the carrier to small employers with similar characteristics for newly issued health benefit plans with the same or similar coverage.]
Sec. 191.5. NRS 689C.230 is hereby amended to read as follows:
689C.2301. The index rate for a rating period for any class of business may not exceed the index rate for any other class of business by more than 20 percent.
2. For a class of business, the premium rates charged during a rating period to small employers with similar characteristics for the same or similar coverage, or the rates that could be charged to such employers under the rating system for that class of business, may not vary , because of health status-related factors, from the index rate by more than [25] 30 percent.
3. As used in this section:
(a) "Base premium rate" means, for each class of business as to a rating period, the lowest premium rate charged or that could have been charged under a rating system for that class of business by the carrier to small employers with similar characteristics for health benefit plans subject to regulation by the commissioner.
(b) "Index rate" means, for each class of business as to a rating period for small employers with similar characteristics, the arithmetic average of the applicable base premium rate and the corresponding highest premium rate.".
Amend sec. 192, page 69, line 15, by deleting the brackets.
Amend sec. 192, page 69, by deleting lines 16 through 18 and inserting:
"(f) Any other information that the commissioner finds necessary to".
Amend sec. 192, page 69, after line 27, by inserting:
"4. The carrier shall make available to a small employer upon request a copy of the disclosure approved by the commissioner pursuant to this section for policies of health insurance for which that employer may be eligible.".
Amend sec. 193, page 71, line 3, by deleting "professional " and inserting "bona fide".
Amend sec. 197, page 72, line 39, by deleting "group . [," and inserting "group,".
Amend sec. 197, page 72, line 43, by deleting the closed bracket.
Amend sec. 198, page 74, line 29, by deleting "professional " and inserting "bona fide".
Amend the bill as a whole by adding a new section designated sec. 221.5, following sec. 221, to read as follows:
"Sec. 221.5. Section 42 of Assembly Bill No. 156 of this session is hereby amended to read as follows:
Assembly Bill No. 523.
Bill read second time and ordered to third reading.
Assembly Bill No. 560.
Bill read second time and ordered to third reading.
Assembly Bill No. 563.
Bill read second time and ordered to third reading.
Senate Bill No. 6.
Bill read second time and ordered to third reading.
Senate Bill No. 258.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 565.
Amend section 1, page 1, by deleting line 19 and inserting:
"(b) The local law enforcement agency of the city or county in which the conviction was entered.".
Amend sec. 2, page 2, line 33 after "2." by inserting:
"A petition filed pursuant to this section must be accompanied by a current, certified record of the criminal history of the petitioner received from the local law enforcement agency of the city or county in which the petitioner appeared in court.
3.".
Amend sec. 2, page 2, line 41, by deleting "3." and inserting "[3.] 4.".
Amend the title of the bill, by deleting the third and fourth lines and inserting:
"records to include a current, certified record of his criminal history from certain local law enforcement agencies; and providing other matters properly relating thereto.".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 358.
Bill read second time and ordered to third reading.
Senate Bill No. 359.
Bill read second time and ordered to third reading.
Senate Bill No. 369.
Bill read second time and ordered to third reading.
Senate Bill No. 370.
Bill read second time and ordered to third reading.
Senate Bill No. 407.
Bill read second time and ordered to third reading.
Senate Bill No. 408.
Bill read second time and ordered to third reading.
Assembly Bill No. 343.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 547.
Amend the bill as a whole by renumbering sec. 8 as sec. 10 and adding new sections designated sections 8 and 9, following sec. 7, to read as follows:
"Sec. 8. 1. There is hereby appropriated from the state general fund to the supreme court of Nevada the sum of $451,153 for the fiscal year 1998-99 for payment of salaries and costs related to the addition of two new justices to the court pursuant to this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 9. 1. Sections 1 to 7, inclusive, of this act, expire by limitation on the date on which the qualified electors of this state approve a constitutional amendment that establishes an intermediate court of appeals within the State of Nevada.
2. Notwithstanding the provisions of subsection 1, the additional justices whose positions are abolished by the establishment of an intermediate court of appeals must be permitted to serve the remainder of the terms to which they were elected. At the end of those terms, the positions of the additional justices must be abolished, along with the positions of any staff hired directly to support the additional justices.".
Amend sec. 8, page 5, line 3, by deleting "7," and inserting "9,".
Amend the title of the bill, third line, after "panels;" by inserting:
"providing for the abolishment of the positions of the additional justices in certain circumstances; making an appropriation;".
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 520.
Bill read third time.
Remarks by Assemblymen Close and Collins.
Roll call on Assembly Bill No. 520:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 520 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assemblyman Perkins moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 12:20 p.m.
At 12:21 p.m.
Madam Speaker pro Tempore presiding.
Quorum present.
Assembly Bill No. 550.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 550:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 550 having received a constitutional majority, Madam Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 556.
Bill read third time.
Remarks by Assemblyman Price.
Roll call on Assembly Bill No. 556:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 556 having received a constitutional majority, Madam Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
Assemblyman Perkins moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 12:41 p.m.
At 12:42 p.m.
Mr. Speaker presiding.
Quorum present.
Assembly Bill No. 361.
Bill read third time.
Remarks by Assemblyman Amodei.
Roll call on Assembly Bill No. 361:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 361 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 478.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 478:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 478 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 484.
Bill read third time.
The following amendment was proposed by Assemblywoman Buckley:
Amendment No. 630.
Amend section 1, page 1, line 7, by deleting "property," and inserting:
"property or any other property for which the monthly rent exceeds $1,000,".
Amend section 1, page 1, line 15, after "shall pay" by inserting:
"to the landlord ".
Amend section 1, pages 1 and 2, by deleting lines 20 through 22 on page 1 and lines 1 and 2 on page 2.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 512.
Bill read third time.
Remarks by Assemblymen Lee, Perkins and Close.
Roll call on Assembly Bill No. 512:
Yeas -- 41.
Nays -- Close.
Assembly Bill No. 512 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 12:59 p.m.
At 1:19 p.m.
Mr. Speaker presiding.
Quorum present.
Assembly Bill No. 524.
Bill read third time.
Remarks by Assemblymen Evans and Close.
Roll call on Assembly Bill No. 524:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 524 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 526.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 526:
Yeas -- 39.
Nays -- Hickey.
Not voting -- Lambert, Sandoval--2.
Assembly Bill No. 526 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 44.
Bill read third time.
Remarks by Assemblyman Hickey.
Roll call on Senate Bill No. 44:
Yeas -- 41.
Nays -- Lambert.
Senate Bill No. 44 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 80.
Bill read third time.
Remarks by Assemblymen Anderson and Freeman.
Roll call on Senate Bill No. 80:
Yeas -- 42.
Nays -- None.
Senate Bill No. 80 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 245.
Bill read third time.
Remarks by Assemblyman Price.
Roll call on Senate Bill No. 245:
Yeas -- 42.
Nays -- None.
Senate Bill No. 245 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 338.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Senate Bill No. 338:
Yeas -- 42.
Nays -- None.
Senate Bill No. 338 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 380.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Senate Bill No. 380:
Yeas -- 42.
Nays -- None.
Senate Bill No. 380 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
By Assemblymen Williams, Cegavske, Gustavson, Collins, Chowning, Koivisto, Manendo, Ohrenschall, Von Tobel, Hickey and de Braga:
Assembly Concurrent Resolution No. 45--Urging the board of trustees of each county school district to develop and adopt standards for disciplining pupils who are enrolled in the public schools within the school district.
Assemblyman Williams moved that the resolution be referred to the Committee on Education.
Motion carried.
By the Committee on Taxation:
Assembly Bill No. 604--An Act relating to districts for the control of floods; removing the authorization for certain counties to levy and collect a sales and use tax to provide revenue for the support of such a district; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 605--An Act relating to the City of Las Vegas; amending its charter with respect to the municipal court; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 274.
The following Senate amendment was read:
Amendment No. 482.
Amend sec. 7, page 2, line 30, after "person" by inserting:
", with the intent to defraud,".
Assemblywoman Freeman moved that the Assembly concur in the Senate amendment to Assembly Bill No. 274.
Remarks by Assemblywoman Freeman.
Motion carried.
Bill ordered enrolled.
Assemblyman Perkins moved that the Assembly adjourn until Monday, June 16, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 2:02 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly