APRIL 19, 2011 DAY THE SEVENTY-SECOND DAY. CARSON CITY (Tuesday), April 19, 2011

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1 APRIL 19, 2011 DAY THE SEVENTY-SECOND DAY CARSON CITY (Tuesday), April 19, 2011 Assembly called to order at 11:28 a.m. Mr. Speaker presiding. Roll called. All present. Prayer by the Chaplain, Pastor Gary Grite. Our Father in Heaven, we ask this morning that You would give us all wisdom. Please help us take any selfishness out of our heart, so we can more effectively help our fellow man. Raise us to love. Lift us to empathy. Give us everything we need to do good today. Thank You for Your blessing. In the name of Jesus, we pray. AMEN. Pledge of allegiance to the Flag. Assemblyman Conklin moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions. Motion carried. REPORTS OF COMMITTEES Mr. Speaker Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 215, 221, 398, 441, 537, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended. Also, your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 267, 292, 299, 429, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended. Also, your Committee on Commerce and Labor, to which was referred Assembly Bill No. 307, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, without recommendation, and rerefer to the Committee on Ways and Means. KELVIN ATKINSON, Chair Mr. Speaker: Your Committee on Education, to which were referred Assembly Bills Nos. 227, 546, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended. DAVID P. BOBZIEN, Chair Mr. Speaker: Your Committee on Judiciary, to which were referred Assembly Bills Nos. 9, 181, 269, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended. WILLIAM C. HORNE, Chair

2 944 JOURNAL OF THE ASSEMBLY Mr. Speaker: Your Committee on Natural Resources, Agriculture, and Mining, to which were referred Assembly Bills Nos. 368, 503, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended. MAGGIE CARLTON, Chair Mr. Speaker: Your Committee on Transportation, to which were referred Assembly Bills Nos. 212, 374, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended. Also, your Committee on Transportation, to which was referred Assembly Bill No. 508, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended. MARILYN DONDERO LOOP, Chair COMMUNICATIONS UNITED STATES HOUSE OF REPRESENTATIVES WASHINGTON, D.C April 6, 2011 THE HONORABLE JOHN OCEGUERA, Speaker, Nevada State Assembly, Legislative Building, 401 South Carson Street, Carson City, Nevada DEAR SPEAKER OCEGUERA: This letter serves as a formal request to address the Nevada Legislature at the joint session held on the evening of Monday, April 25, 2011 at 5 p.m. My understanding is that this date and time is available. If further action or information is necessary please do not hesitate to contact me or district director Grant Hewitt in my Las Vegas district office at Thank you for your consideration of this request. Sincerely, DR. JOE HECK Member of Congress MOTIONS, RESOLUTIONS AND NOTICES NOTICE OF EXEMPTION April 15, 2011 The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the eligibility for exemption of: Assembly Bill No RICK Combs Fiscal Analysis Division April 19, 2011 The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the eligibility for exemption of: Assembly Bill No. 401 if the amendment proposed by the committee on Judiciary is adopted by the Assembly. RICK COMBS Fiscal Analysis Division Assemblyman Conklin moved that Assembly Bills Nos. 9, 181, 212, 215, 221, 227, 267, 269, 292, 299, 307, 368, 374, 398, 429, 441, 503, 508, 537, and 546, just reported out of committee, be placed on the Second Reading File. Motion carried.

3 APRIL 19, 2011 DAY Assemblyman Conklin moved that Assembly Bills Nos. 151 and 405 be taken from the General File and rereferred to the Committee on Ways and Means. Motion carried. SECOND READING AND AMENDMENT Assembly Bill No. 9. Bill read second time. The following amendment was proposed by the Committee on Judiciary: Amendment No SUMMARY [Provides for the collection of additional] Revises provisions relating to fees charged and collected in justice courts. (BDR 1-322) AN ACT relating to courts; [requiring a justice of the peace to charge and collect certain additional fees;] revising certain [civil filing] fees in the justice court; requiring the county treasurer to deposit a portion of the fees received from justice courts into a special account to be used for certain purposes; and providing other matters properly relating thereto. Legislative Counsel s Digest: Existing law requires each justice of the peace to charge and collect certain fees for various civil actions, proceedings and filings in the justice court. For actions and proceedings other than small claims, the amount of the fees charged and collected is based upon the sum claimed in the action or proceeding. Each justice of the peace shall pay to the county treasurer all such fees charged and collected, with certain exceptions. (NRS 4.060) [Section 2 of this] This bill increases the amount of the fees charged and collected by [revising] the justice court and revises the tiers upon which [the] certain fees are based. [Section 1 of this bill requires each justice of the peace to charge and collect additional fees for various civil actions, proceedings and filings in the justice court. Fifty percent of the additional fees collected must be deposited in a special account administered by the county for the sole benefit of the justice courts in the county, subject to judicial oversight, and must not be used to supplant existing appropriations made to the justice courts within the county.] This bill also requires the county treasurer to deposit 25 percent of the fees received from justices of the peace into a special account administered by the county and maintained for the benefit of the justice courts within the county. The money in the account must be used only: (1) to offset the costs for adding or maintaining new judicial departments; and (2) if any money remains in the account in a fiscal year after satisfying such offset of costs, for other purposes generally related to the acquisition of land or facilities or the construction or renovation of facilities for the justice courts or a regional justice center that includes the justice courts.

4 946 JOURNAL OF THE ASSEMBLY THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. [Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows: 1. Except as otherwise provided in this section and by specific statute and in addition to any other fee required by law, including, without limitation, any fees required by NRS 4.060, each justice of the peace shall charge and collect the following fees: (a) On the commencement of any action or proceeding in the justice court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action: If the sum claimed does not exceed $1,000 $22.00 If the sum claimed exceeds $1,000 but does not exceed $10, In all civil actions for unlawful detainer pursuant to NRS to , inclusive In all other civil actions (b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS, if the sum claimed does not exceed $5,000 $20.00 (c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by the defendant or defendants on filing the first paper in the action, or at the time of appearance: In all civil actions $13.00 For every additional defendant, appearing separately 9.00 (d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS. (e) For the filing of any paper in intervention $9.00 (f) For the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court, other than a writ of restitution $19.00 (g) For filing a notice of appeal, and appeal bonds $8.00 One charge only may be made if both papers are filed at the same time. (h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court $8.00 (i) For preparation and transmittal of transcript and papers on appeal $8.00 (j) For entering judgment by confession $44.00 (k) For preparing any copy of any record, proceeding or paper, for each page $.20 (l) For each certificate of the clerk, under the seal of the court $2.00 (m) For searching records or files in his or her office, for each year $2.00 (n) For filing and acting upon each bail or property bond $10.00

5 APRIL 19, 2011 DAY (o) For the issuance of any writ of restitution $ A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by the justice of the peace to the county in which his or her township is located. 3. The justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month pursuant to subsection The county treasurer shall deposit 50 percent of the fees received each month pursuant to subsection 3 into a special account administered by the county for the sole benefit of the justice courts within the county, subject to judicial oversight. The money deposited: (a) Must not be used to supplant existing appropriations made to the justice courts within the county; (b) Must be carried over to the next fiscal year if any balance remains at the end of the fiscal year; and (c) Must not revert to the county general fund.] (Deleted by amendment.) Sec. 2. NRS is hereby amended to read as follows: Except as otherwise provided in this section and NRS to , inclusive, each justice of the peace shall charge and collect the following fees: (a) On the commencement of any action or proceeding in the justice court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action: If the sum claimed does not exceed [$1,00o...$28.00 If the sum claimed exceeds $1,000 but does not exceed] $2, If the sum claimed exceeds $2,500 but does not exceed [$4,500] $5, [If the sum claimed exceeds $4,500 but does not exceed $6, If the sum claimed exceeds $6,500 but does not exceed $7, ] If the sum claimed exceeds [$7,500] $5,000 but does not exceed $10, In all civil actions for unlawful detainer pursuant to NRS to , inclusive In all other civil actions... [28.00] (b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS: If the sum claimed does not exceed $1,000..[$25.00] $45.00 If the sum claimed exceeds $1,000 but does not exceed $2,500 [45.00] If the sum claimed exceeds $2,500 but does not exceed $5,000 [65.00] 85.00

6 948 JOURNAL OF THE ASSEMBLY (c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by the defendant or defendants on filing the first paper in the action, or at the time of appearance: In all civil actions. [$12.00] $50.00 For every additional defendant, appearing separately [6.00] (d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS. (e) For the filing of any paper in intervention [$6.00] $25.00 (f) For the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court, other than a writ of restitution [$6.00] $25.00 (g) For the issuance of any writ of restitution..$75.00 (h) For filing a notice of appeal, and appeal bonds.[$12.00] $25.00 One charge only may be made if both papers are filed at the same time. [(h)] (i) For issuing supersedeas to a writ designed to enforce a judgment or order of the court....[$12.00] $25.00 [(i)] (j) For preparation and transmittal of transcript and papers on appeal...[$12.00] $25.00 [(j)] (k) For celebrating a marriage and returning the certificate to the county recorder or county clerk..$50.00 [(k)] (l) For entering judgment by confession. [$6.00] $50.00 [(l)] (m) For preparing any copy of any record, proceeding or paper, for each page. [$.30] $.50 [(m)] (n) For each certificate of the clerk, under the seal of the Court...[$3.00]5.00 [(n)] (o) For searching records or files in his or her office, for each year..[$1.00] $3.00 [(o)] (p) For filing and acting upon each bail or property Bond...[$40.00]$ A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by the justice of the peace to the county in which his or her township is located. 3. A justice of the peace shall not charge or collect the fee pursuant to paragraph [(j)] (k) of subsection 1 if the justice of the peace performs a marriage ceremony in a commissioner township. 4. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS , the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected pursuant to subsection 1 during the preceding month, except for the fees the justice of the peace may retain as compensation and the fees the justice of the peace is required to pay to the State Controller pursuant to subsection The justice of the peace shall, on or before the fifth day of each month, pay to the State Controller:

7 APRIL 19, 2011 DAY (a) An amount equal to $5 of each fee collected pursuant to paragraph [(j)] (k) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Account for Aid for Victims of Domestic Violence in the State General Fund. (b) One-half of the fees collected pursuant to paragraph [(o)] (p) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Fund for the Compensation of Victims of Crime. 6. The county treasurer shall deposit 25 percent of the fees received pursuant to subsection 4 into a special account administered by the county and maintained for the benefit of the justice courts within the county. The money in that account must be used only: (a) To offset the costs for adding and maintaining new judicial departments, including, without limitation, the cost for additional staff; and (b) If any money remains in the account in a fiscal year after satisfying the purposes set forth in paragraph (a), to: (1) Acquire land on which to construct additional facilities for the justice courts or a regional justice center that includes the justice courts; (2) Construct or acquire additional facilities for the justice courts or a regional justice center that includes the justice courts; (3) Renovate or remodel existing facilities for the justice courts or a regional justice center that includes the justice courts; (4) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the justice courts or a regional justice center that includes the justice courts; (5) Acquire advanced technology for use in the additional or renovated facilities; (6) Pay debt service on any bonds issued pursuant to subsection 3 of NRS for the acquisition of land or facilities or the construction or renovation of facilities for the justice courts or a regional justice center that includes the justice courts; and (7) Acquire equipment or additional staff to enhance the security of the facilities used by the justice courts, justices of the peace, staff of the justice courts and residents of this State who access the justice courts. Any money remaining in the account at the end of a fiscal year must be carried forward to the next fiscal year. Sec. 3. [NRS is hereby amended to read as follows: On the first Mondays of January, April, July and October, the justices of the peace who receive fees pursuant to the provisions of NRS 4.060, and and section 1 of this act shall make out and file with the boards of county commissioners of their several counties a full and correct statement under oath of all fees or compensation, of whatever nature or kind, received in their several official capacities during the preceding 3

8 950 JOURNAL OF THE ASSEMBLY months. In the statement they shall set forth the cause in which, and the services for which, such fees or compensation were received. 2. This section does not require personal attendance in filing statements, which may be transmitted by mail or otherwise directed to the clerk of the board of county commissioners.] (Deleted by amendment.) Sec. 4. [NRS is hereby amended to read as follows: All fees prescribed in NRS 4.060, and and section 1 of this act must be paid in advance, if demanded. If a justice of the peace has not received any or all of his or her fees, which are due the justice of the peace for services rendered by the justice of the peace in any suit or proceedings, the justice of the peace may have execution therefor in his or her own name against the party from whom they are due, to be issued from the court where the action is pending, upon the order of the justice of the peace or court upon affidavit filed.] (Deleted by amendment.) Sec. 5. This act becomes effective on July 1, Assemblyman Ohrenschall moved the adoption of the amendment. Amendment adopted. Bill ordered reprinted, engrossed, and to third reading. Assembly Bill No Bill read second time. The following amendment was proposed by the Committee on Judiciary: Amendment No SUMMARY Provides for [the] evaluation by the Advisory Commission on the Administration of Justice of the policies and practices relating to the involuntary civil commitment of sexually dangerous persons. (BDR [39-95)] 14-95) AN ACT relating to sexually dangerous persons; [providing for the] revising the duties of the Advisory Commission on the Administration of Justice to include evaluation of the policies and practices relating to the involuntary civil commitment of sexually dangerous persons; [requiring the Division of Mental Health and Developmental Services of the Department of Health and Human Services to adopt certain regulations;] and providing other matters properly relating thereto. Legislative Counsel s Digest: Federal law authorizes a federal district court to order the civil commitment of a person found to be mentally ill and a danger sexually to the public. (18 U.S.C. 4248) Additionally, the United States Supreme Court recently upheld a federal law authorizing the civil commitment of sexually dangerous persons. (United States v. Comstock, 130 S. Ct (2010)) [ Section 15 of this bill authorizes a district attorney to file a petition seeking the civil commitment of a sexually dangerous person, which means a person who has been convicted of a sexually dangerous offense, who suffers from a mental disorder and who is dangerous to the public because the person is likely to commit a sexually dangerous offense. Section 17 of this bill requires

9 APRIL 19, 2011 DAY a court, within 72 hours after a district attorney files such a petition, to hold a hearing to determine whether probable cause exists to believe that the person is a sexually dangerous person. If the court determines that such probable cause exists, the court is required to schedule a hearing before a jury to determine whether the person is a sexually dangerous person. Section 19 of this bill requires the district attorney to prove by clear and convincing evidence that the person is a sexually dangerous person. If the jury unanimously finds that the person is a sexually dangerous person and that the person requires commitment, the court must enter an order committing the person to the custody of a program for the treatment of sexually dangerous persons established by the Division of Mental Health and Developmental Services of the Department of Health and Human Services. If the jury finds that the person is a sexually dangerous person but does not unanimously find that the person should be civilly committed, the court must order the person to be placed in an alternative course of treatment to be administered by the Division. Section 22 of this bill requires the Division to select a qualified professional to evaluate the mental health of a person committed to its custody pursuant to this bill at least once each year. Section 23 of this bill provides that if through the evaluation or at any other time during the period of commitment the Administrator of the Division determines that the person no longer suffers from a mental disorder, the person is no longer dangerous to the public and the person is suitable for conditional release to an alternative course of treatment, the court must hold a hearing to determine whether the person should be released. Section 24 of this bill authorizes a person committed to the custody of the Division pursuant to this bill to file a request for release not more than once every 6 months. Section 31 of this bill requires the Division to adopt regulations: (1) establishing a program for the secure commitment of persons found to be sexually dangerous persons; (2) establishing alternative courses of treatment; and (3) determining the professional qualifications required to evaluate a person alleged to be a sexually dangerous person.] Existing law establishes the Advisory Commission on the Administration of Justice and directs the Commission to study the elements of this State s criminal justice system, among other things. (NRS , ) This bill requires the Commission to evaluate the policies and practices relating to the involuntary civil commitment of sexually dangerous persons THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. (Deleted by amendment.) Sec. 2. (Deleted by amendment.) Sec. 3. (Deleted by amendment.) Sec. 4. (Deleted by amendment.)

10 952 JOURNAL OF THE ASSEMBLY Sec. 5. (Deleted by amendment.) Sec. 6. (Deleted by amendment.) Sec. 7. (Deleted by amendment.) Sec. 8. (Deleted by amendment.) Sec. 9. (Deleted by amendment.) Sec. 10. (Deleted by amendment.) Sec. 11. (Deleted by amendment.) Sec. 12. (Deleted by amendment.) Sec. 13. (Deleted by amendment.) Sec. 14. (Deleted by amendment.) Sec. 15. (Deleted by amendment.) Sec. 16. (Deleted by amendment.) Sec. 17. (Deleted by amendment.) Sec. 18. (Deleted by amendment.) Sec. 19. (Deleted by amendment.) Sec. 20. (Deleted by amendment.) Sec. 21. (Deleted by amendment.) Sec. 22. (Deleted by amendment.) Sec. 23. (Deleted by amendment.) Sec. 24. (Deleted by amendment.) Sec. 25. (Deleted by amendment.) Sec. 26. (Deleted by amendment.) Sec. 27. (Deleted by amendment.) Sec. 28. (Deleted by amendment.) Sec. 29. (Deleted by amendment.) Sec. 30. (Deleted by amendment.) Sec. 31. (Deleted by amendment.) Sec. 32. (Deleted by amendment.) Sec. 33. (Deleted by amendment.) Sec. 34. (Deleted by amendment.) Sec. 35. (Deleted by amendment.) Sec. 36. (Deleted by amendment.) Sec. 37. (Deleted by amendment.) Sec. 38. (Deleted by amendment.) Sec. 39. (Deleted by amendment.) Sec. 40. (Deleted by amendment.) Sec. 41. (Deleted by amendment.) Sec. 42. (Deleted by amendment.) Sec. 43. (Deleted by amendment.) Sec. 44. (Deleted by amendment.) Sec. 45. (Deleted by amendment.) Sec. 46. (Deleted by amendment.) Sec. 47. (Deleted by amendment.) Sec. 48. (Deleted by amendment.) Sec. 49. (Deleted by amendment.)

11 APRIL 19, 2011 DAY Sec. 50. (Deleted by amendment.) Sec. 51. (Deleted by amendment.) Sec. 52. (Deleted by amendment.) Sec. 53. (Deleted by amendment.) Sec. 54. (Deleted by amendment.) Sec. 55. NRS is hereby amended to read as follows: The Commission shall: 1. Identify and study the elements of this State s system of criminal justice which affect the sentences imposed for felonies and gross misdemeanors. 2. Evaluate the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State and other states, including, but not limited to, the use of plea bargaining, probation, programs of intensive supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, structured or tiered sentencing, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration. 3. Recommend changes in the structure of sentencing in this State which, to the extent practicable and with consideration for their fiscal impact, incorporate general objectives and goals for sentencing, including, but not limited to, the following: (a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality. (b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders. (c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce economic resources through the use of various alternatives to traditional forms of incarceration. (d) Offenders with similar histories of criminality who are convicted of similar crimes must receive sentences that are generally similar. (e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision. (f) Offenders must not receive disparate sentences based upon factors such as race, gender or economic status. (g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication

12 954 JOURNAL OF THE ASSEMBLY demonstrated by the offender s acts before, during and after commission of the offense. 4. Evaluate the effectiveness and efficiency of the Department of Corrections and the State Board of Parole Commissioners with consideration as to whether it is feasible and advisable to establish an oversight or advisory board to perform various functions and make recommendations concerning: (a) Policies relating to parole; (b) Regulatory procedures and policies of the State Board of Parole Commissioners; (c) Policies for the operation of the Department of Corrections; (d) Budgetary issues; and (e) Other related matters. 5. Evaluate the effectiveness of specialty court programs in this State with consideration as to whether such programs have the effect of limiting or precluding reentry of offenders and parolees into the community. 6. Evaluate the policies and practices concerning presentence investigations and reports made by the Division of Parole and Probation of the Department of Public Safety, including, without limitation, the resources relied on in preparing such investigations and reports and the extent to which judges in this State rely on and follow the recommendations contained in such presentence investigations and reports. 7. Evaluate, review and comment upon issues relating to juvenile justice in this State, including, but not limited to: (a) The need for the establishment and implementation of evidence-based programs and a continuum of sanctions for children who are subject to the jurisdiction of the juvenile court; and (b) The impact on the criminal justice system of the policies and programs of the juvenile justice system. 8. Compile and develop statistical information concerning sentencing in this State. 9. Identify and study issues relating to the application of chapter 241 of NRS to meetings held by the: (a) State Board of Pardons Commissioners to consider an application for clemency; and (b) State Board of Parole Commissioners to consider an offender for parole. 10. Identify and study issues relating to the operation of the Department of Corrections, including, without limitation, the system for allowing credits against the sentences of offenders, the accounting of such credits and any other policies and procedures of the Department which pertain to the operation of the Department. 11. Evaluate the policies and practices relating to the involuntary civil commitment of sexually dangerous persons. 12. For each regular session of the Legislature, prepare a comprehensive report including the Commission s recommended changes pertaining to the

13 APRIL 19, 2011 DAY administration of justice in this State, the Commission s findings and any recommendations of the Commission for proposed legislation. The report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than September 1 of each evennumbered year. Assemblyman Horne moved the adoption of the amendment. Amendment adopted. Bill ordered reprinted, engrossed, and to third reading. Assembly Bill No Bill read second time The following amendment was proposed by the Committee on Transportation: Amendment No AN ACT relating to transportation; revising provisions governing the authority of the Department of Transportation to enter into contracts with design-build teams; and providing other matters properly relating thereto. Legislative Counsel s Digest: Under existing law, the Department of Transportation is authorized, under certain circumstances, to enter into one or more contracts known as designbuild contracts with teams that consist of at least one general contractor and an architect or professional engineer for the design and construction of projects estimated to cost more than $20 million. Once each fiscal year, the Department is authorized to enter into a design-build contract for a project estimated to cost between $5 million and $20 million. (NRS ) This bill: (1) [removes the limitation on the number of smaller projects for which the Department is authorized to enter into design-build contracts in a fiscal year; and (2)] decreases to [$1] $10 million the threshold at which the Department is authorized generally to enter into a design-build contract for a project [.] ; and (2) revises the authorization for the Department to enter into smaller design-build contracts from once each fiscal year to twice each fiscal year, and also revises the upper limit on the estimated cost of such a contract to $10 million. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS is hereby amended to read as follows: Except as otherwise provided in NRS to , inclusive, the Department may contract with a design-build team for the design and construction of a project if the Department determines that: (a) Except as otherwise provided in subsection 2, the [ 1. The] estimated cost of the project exceeds [$20,000,000;] [$1,000,000;] $10,000,000; and (b) [2.] Contracting with a design-build team will enable the Department to:

14 956 JOURNAL OF THE ASSEMBLY (1) [(a)] Design and construct the project at a cost that is significantly lower than the cost that the Department would incur to design and construct the project using a different method; (2) [(b)] Design and construct the project in a shorter time than would be required to complete the project using a different method, if exigent circumstances require that the project be designed and constructed within a short time; or (3) [(c)] Ensure that the design and construction of the project is properly coordinated, if the project is unique, highly technical and complex in nature. 2. Notwithstanding the provisions of subsection 1, the Department may, [once] twice in each fiscal year, contract with a design-build team for the design and construction of a project the estimated cost of which is at least $5,000,000 but less than [$20,000,000] $10,000,000 if the Department makes the determinations otherwise required pursuant to paragraph (b) of subsection 1. Sec. 2. This act becomes effective on July 1, Assemblywoman Dondero Loop moved the adoption of the amendment. Amendment adopted. Bill ordered reprinted, engrossed, and to third reading. Assembly Bill No Bill read second time. The following amendment was proposed by the Committee on Commerce and Labor: Amendment No AN ACT relating to utilities; authorizing certain public utilities that purchase natural gas for resale and electric utilities to request approval from the Public Utilities Commission of Nevada to make quarterly rate adjustments based on deferred accounting; requiring that written notices which are provided to customers of certain public utilities that purchase natural gas for resale and electric utilities contain information about the review of certain quarterly rate adjustments by the Commission; authorizing the Commission to allow public utilities that purchase natural gas for resale and electric utilities to apply for certain additional rate adjustments upon a showing of good cause; prohibiting public utilities which purchase natural gas for resale and electric utilities from applying for certain [additional] annual rate adjustments after receiving approval from the Commission to make quarterly rate adjustments based on deferred accounting; and providing other matters properly relating thereto. Legislative Counsel s Digest: Existing law authorizes certain public utilities that purchase natural gas for resale and certain electric utilities to use deferred accounting to reflect changes in the cost of purchased natural gas, fuel or power. (NRS , ) Section 5 of this bill authorizes a public utility which purchases

15 APRIL 19, 2011 DAY natural gas for resale and which [requests approval from the Public Utilities Commission of Nevada to adjust] adjusts its rates on a quarterly basis based on the fluctuating price of natural gas to [include with that request a] request [for] approval to make quarterly adjustments to its deferred energy accounting [adjustments.] adjustment. Section 5 also authorizes an electric utility that is required to make quarterly adjustments based on the fluctuating price of fuel or power to request approval from the Commission to make quarterly adjustments to its deferred energy accounting [adjustments.] adjustment. Section 5 further requires a utility that receives approval to make any quarterly adjustments to provide its customers with written notice that includes information relating to when the adjustments will be reviewed by the Commission. Section [6 of this bill] 5 also authorizes the Commission to approve, upon a showing of good cause, certain additional quarterly adjustments for a public utility which purchases natural gas for resale and an electric utility which has received approval from the Commission to make [such] quarterly adjustments to [apply for additional] its deferred energy accounting [adjustments only upon a showing of good cause. Section] adjustment. Sections 6 and 7 of this bill [prohibits] provide that a public utility which purchases natural gas for resale or an electric utility [that] which has received approval from the Commission to make [such] quarterly adjustments [from applying] to its deferred energy accounting adjustment is not eligible to apply for any additional adjustment to its deferred energy accounting [adjustments.] adjustment in its annual deferred energy accounting adjustment application. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS is hereby amended to read as follows: Except as otherwise provided in subsections [8 and] 9 and 11 of NRS : 1. In any matter pending before the Commission, if a hearing is required by a specific statute or is otherwise 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 in each type of proceeding; and (b) The persons entitled to notice in each type of proceeding. 2. The Commission shall not dispense with a hearing: (a) In any matter pending before the Commission pursuant to NRS to , inclusive; or (b) Except as otherwise provided in paragraph (f) of subsection 1 of NRS , in any matter pending before the Commission pursuant to NRS to , inclusive, in which an electric utility has filed a general rate application or an annual deferred energy accounting adjustment application pursuant to NRS

16 958 JOURNAL OF THE ASSEMBLY 3. In any other matter pending before the Commission, the Commission may dispense with a hearing and act upon the matter pending 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. If such a request for a hearing is filed, the Commission shall give at least 10 days notice of the hearing. 4. As used in this section, electric utility has the meaning ascribed to it in NRS Sec. 2. NRS is hereby amended to read as follows: Application to make changes in any schedule and application include, without limitation: 1. A general rate application; 2. An application to recover the [increased] cost of purchased fuel, purchased power, or natural gas purchased for resale; [and] 3. An annual deferred energy accounting adjustment application [.] ; and 4. An annual rate adjustment application. Sec. 3. NRS is hereby amended to read as follows: Except as otherwise provided in subsections [8 and] 9 and 11 of NRS , the Commission shall conduct a consumer session to solicit comments from the public in any matter pending before the Commission pursuant to NRS to , inclusive, in which: (a) A public utility has filed a general rate application, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale, an annual deferred energy accounting adjustment application pursuant to NRS or an annual rate adjustment application; and (b) The changes proposed in the application will result in an increase in annual gross operating revenue, as certified by the applicant, in an amount that will exceed $50,000 or 10 percent of the applicant s annual gross operating revenue, whichever is less. 2. In addition to the case-specific consumer sessions required by subsection 1, the Commission shall, during each calendar year, conduct at least one general consumer session in the county with the largest population in this State and at least one general consumer session in the county with the second largest population in this State. At each general consumer session, the Commission shall solicit comments from the public on issues concerning public utilities. Not later than 60 days after each general consumer session, the Commission shall submit the record from the general consumer session to the Legislative Commission. Sec. 4. NRS is hereby amended to read as follows: Except as otherwise provided in NRS and to , inclusive, or as may otherwise be provided by the Commission pursuant to NRS or : (a) A public utility shall not make changes in any schedule, unless the public utility:

17 APRIL 19, 2011 DAY (1) Files with the Commission an application to make the proposed changes and the Commission approves the proposed changes pursuant to NRS ; or (2) Files the proposed changes with the Commission using a letter of advice in accordance with the provisions of paragraph (f). (b) A public utility shall adjust its rates on a quarterly basis between annual rate adjustment applications pursuant to subsection 8 of NRS based on changes in the public utility s recorded costs of natural gas purchased for resale. (c) An electric utility shall, between annual deferred energy accounting adjustment applications filed pursuant to NRS , adjust its rates on a quarterly basis pursuant to subsection [9] 10 of NRS (d) A public utility shall post copies of all proposed schedules and all new or amended schedules in the same offices and in substantially the same form, manner and places as required by NRS for the posting of copies of schedules that are currently in force. (e) A public utility may not set forth as justification for a rate increase any items of expense or rate base that previously have been considered and disallowed by the Commission, unless those items are clearly identified in the application and new facts or considerations of policy for each item are advanced in the application to justify a reversal of the prior decision of the Commission. (f) Except as otherwise provided in paragraph (g), if the proposed change in any schedule does not change any rate or will result in an increase in annual gross operating revenue, as certified by the public utility, in an amount that does not exceed $2,500: (1) The public utility may file the proposed change with the Commission using a letter of advice in lieu of filing an application; and (2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change. (g) If the applicant is a small-scale provider of last resort and the proposed change in any schedule will result in an increase in annual gross operating revenue, as certified by the applicant, in an amount that does not exceed $50,000 or 10 percent of the applicant s annual gross operating revenue, whichever is less, the Commission shall determine whether it should dispense with a hearing regarding the proposed change. (h) In making the determination pursuant to paragraph (f) or (g), the Commission shall first consider all timely written protests, any presentation that the Regulatory Operations Staff of the Commission may desire to present, the application of the public utility and any other matters deemed relevant by the Commission. 2. As used in this section, electric utility has the meaning ascribed to it in NRS Sec. 5. NRS is hereby amended to read as follows:

18 960 JOURNAL OF THE ASSEMBLY Except as otherwise provided in NRS and to , inclusive, or as may otherwise be provided by the Commission pursuant to NRS or : 1. If a public utility files with the Commission an application to make changes in any schedule, including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the Commission shall investigate the propriety of the proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an annual deferred energy accounting adjustment application, the Consumer s Advocate shall be deemed a party of record. 2. Except as otherwise provided in subsection 3, if a public utility files with the Commission an application to make changes in any schedule, the Commission shall, not later than 210 days after the date on which the application is filed, issue a written order approving or disapproving, in whole or in part, the proposed changes. 3. If a public utility files with the Commission a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. Except as otherwise provided in subsection 4, in determining whether to approve or disapprove any increased rates, the Commission shall consider evidence in support of the increased rates based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the Commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the Commission and the Commission has approved the increased rates. The Commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utility s plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the date on which the certification required by this subsection is filed with the Commission, or within the period set forth in subsection 2, whichever time is longer, the Commission shall make such order in reference to the increased rates as is required by this chapter. The following public utilities shall each file a general rate application pursuant to this subsection based on the following schedule:

19 APRIL 19, 2011 DAY (a) An electric utility that primarily serves less densely populated counties shall file a general rate application not later than 5 p.m. on or before the first Monday in June 2010, and at least once every 36 months thereafter. (b) An electric utility that primarily serves densely populated counties shall file a general rate application not later than 5 p.m. on or before the first Monday in June 2011, and at least once every 36 months thereafter. (c) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had not filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2008, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service. (d) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2009, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service. The Commission shall adopt regulations setting forth standards for waivers pursuant to paragraphs (c) and (d) and for including the costs incurred by the public utility in preparing and presenting the general rate application before the effective date of any change in rates. 4. In addition to submitting the statement required pursuant to subsection 3, a public utility may submit with its general rate application a statement showing the effects, on an annualized basis, of all expected changes in circumstances. If such a statement is filed, it must include all increases and decreases in revenue and expenses which may occur within 210 days after the date on which its general rate application is filed with the Commission if such expected changes in circumstances are reasonably known and are measurable with reasonable accuracy. If a public utility submits such a statement, the public utility has the burden of proving that the expected changes in circumstances set forth in the statement are reasonably known and are measurable with reasonable accuracy. The Commission shall consider