SENATE DAILY JOURNAL
_______________
THE ONE HUNDRED AND THIRTY-EIGHTH DAY
_______________
Carson City (Friday), June 6, 1997
Senate called to order at 10:44 a.m.
President Hammargren presiding.
Roll called.
All present except Senator Regan who was excused.
Prayer by the Chaplain, Lt. John Van Cleef.
Our Father who art in heaven, hallowed be Thy name. Thy kingdom come. Thy will be done on earth as it is in heaven. Give us this day our daily bread, and forgive us our sins as we forgive those who sin against us. Lead us not into temptation, but deliver us from the evil one. For thine is the kingdom, and the power and the glory forever and ever.
Amen. Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
Mr. President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 274, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Raymond D. Rawson,
Chairman
Mr. President:
Your Committee on Human Resources and Facilities, to which were referred Assembly Bills Nos. 155, 417, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Raymond D. Rawson,
Chairman
Mr. President:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 280, 282, 284; Assembly Bill No. 336, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mark A. James,
Chairman
Mr. President:
Your Committee on Judiciary, to which was referred Assembly Bill No. 421, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mark A. James,
Chairman
Mr. President:
Your Committee on Transportation, to which was referred Senate Bill No. 366, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William R. O'Donnell,
Chairman
Assembly Chamber, Carson City, June 4, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 23, 70, 71, 118, 175, 198, 212, 216, 223, 240, 336.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bills Nos. 128, 136, and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Joint Resolution No. 14, and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 259, 509.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 327, 350, 437, 456.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Joint Resolution No. 12.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 25.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
Assembly Chamber, Carson City, June 5, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 312, 412.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Joint Resolution No. 16.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolutions Nos. 23, 39.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
Assembly Joint Resolution No. 12.
Senator O'Connell moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
Assembly Joint Resolution No. 16.
Senator Rawson moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
Assembly Concurrent Resolution No. 23.
Senator O'Connell moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
Assembly Concurrent Resolution No. 25.
Senator O'Connell moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
Assembly Concurrent Resolution No. 39--Designating June 5, 1997, as "Baby Your Baby Day" in the State of Nevada.
Whereas, In 1990, many women in the State of Nevada were not accessing prenatal care early and the infant mortality rate was 9 deaths per 1,000 live births; and
Whereas, Prevention in the form of information and education promoting early and continuous prenatal care has been proven to improve the outcome of pregnancy; and
Whereas, In 1991, Sunbelt Communications, Washoe Health System, Sunrise Children's Hospital and Sierra Health Services joined with the Health Division and Welfare Division of the Department of Human Resources to form a public/private partnership to improve the outcome of pregnancy in the State of Nevada; and
Whereas, The "Baby Your Baby" program, a multi-media public service campaign which includes a toll-free information and referral line, was developed and implemented to promote early and continuous prenatal care, has directly assisted over 20,000 pregnant women and their partners in accessing prenatal care and other related health services; and
Whereas, Since the implementation of the "Baby Your Baby" program in 1992:
1. The infant mortality rate of the State of Nevada is now one of the best in the nation, decreasing from 9 deaths per 1,000 live births in 1991, to 5.7 deaths per 1,000 live births in 1996;
2. The percentage of women in this state receiving prenatal care in the first trimester increased from 68 percent in 1991 to 79 percent in 1996;
3. Since 1993, participants in the "Baby Your Baby" program have delivered fewer premature babies than nonparticipants, the low and very low birth-weight rates have remained stable and the infant mortality rate has decreased even though the number of births increased; and
4. The "Baby Your Baby" program has successfully reached pregnant women who are at a high risk for poor outcomes at birth, including African-Americans, whose infant mortality rate diminished by one-half from 1988 to 1995 and whose low birth-weight rate decreased from 16 percent to 14.6 percent over the same period; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature do hereby designate June 5, 1997, as "Baby Your Baby Day" in the State of Nevada in recognition of the success of the "Baby Your Baby" program, the importance of early and continuous prenatal health care and the fact that "prevention pays"; and be it further
Resolved, That the "Baby Your Baby" campaign and other prenatal programs, such as the Medicaid "MOMS" program, are excellent examples of governmental agencies and the private sector working together to have a significant impact on communities by enabling residents of the State of Nevada access to prenatal health services; and be it further
Resolved, That families, communities and governmental agencies are hereby encouraged to emphasize and support public awareness of the importance of early and continuous prenatal care for all pregnant women; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Yvonne Sylva, Administrator of the Health Division of the Department of Human Resources and Myla Florence, Administrator of the Welfare Division of the Department of Human Resources.
Senator Titus moved the adoption of the resolution.
Senator Titus requested that her remarks be entered in the Journal.
Thank you, Mr. President. Assembly Concurrent Resolution No. 39 does a good job of laying out the successes of the "Baby Your Baby" campaign. I would like to reiterate that this is a very highly successful example of what a public/private partnership can accomplish. This one was formed for the purpose of encouraging pregnant women and their partners to seek early and continuous pre-natal care. Its successes in this area are just outstanding. I urge you to support this resolution.
Resolution adopted.
Senator Augustine moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 10:55 a.m.
At 10:58 a.m.
President Hammargren presiding.
Quorum present.
Kathy Augustine,
Chairman
By Senator Rawson (by request):
Senate Bill No. 448--An Act relating to medical laboratories; making various changes relating to the records of and reports made by medical laboratories; requiring the state board of health to adopt certain regulations relating to medical laboratories; revising provisions governing the licensure of medical laboratories; revising the conditions for performance of certain laboratory tests by licensed nurses; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Senator Rawson moved that the motion whereby Senate Bill No. 448 was referred to the Committee Human Resources and Facilities be rescinded.
Motion carried.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 259.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 312.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 327.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 350.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 412.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 437.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 456.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 509.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Senate Bill No. 184.
Bill read second time and ordered to third reading.
Senate Bill No. 266.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 354.
Amend section 1, page 1, line 3, after "in" by inserting:
"this section and ".
Amend section 1, page 1, by deleting lines 11 through 17 and inserting:
"(1) The release of the highly hazardous substances is reportable pursuant to 40 C.F.R. Part 302; or
(2) If the release of the highly hazardous substances is not reportable pursuant to 40 C.F.R. Part 302, each quantity released is equal to or greater than a maximum quantity allowable as established by regulation of the state environmental commission.
2. A regulated facility described in paragraph (b) of subsection 1 is exempt from complying with the provisions of NRS 459.380 to 459.3874, inclusive, if:
(a) The division determines that the regulated facility has:
(1) Carried out the detailed plan to abate hazards recommended pursuant to subsection 8 of NRS 459.3852; and
(2) Complied with such other provisions of NRS 459.380 to 459.3874, inclusive, and the regulations adopted pursuant thereto, as the division requires; and
(b) The regulated facility obtains an exemption from the state environmental commission. The state environmental commission shall adopt by regulation the procedures for obtaining such an exemption.".
Amend section 1, page 1, line 18, by deleting "2." and inserting "3.".
Amend sec. 2, page 5, line 37, after "with" by inserting:
"the health districts created pursuant to NRS 439.370,".
Amend sec. 2, page 5, line 39, by deleting "industry" and inserting "industry ,".
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 312.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 414.
Amend sec. 5, page 3, by deleting lines 15 and 16 and inserting:
"into leases or incur indebtedness at any time before the termination of the redevelopment plan if ".
Amend the bill as a whole by renumbering sections 7 and 8 as sections 13 and 14 and adding new sections designated sections 7 through 12, following sec. 6, to read as follows:
"Sec. 7. NRS 274.240 is hereby amended to read as follows:
274.240To encourage the revitalization of specially benefited zones, the governing body of a designating municipality may:
1. Issue bonds or other securities authorized by other law for the purposes of economic development and use the proceeds for loans to any new or expanding qualified businesses in the specially benefited zone.
2. [Provide financing by tax increment pursuant to chapter 361B of NRS.
3.] Reduce or eliminate any license or franchise tax, fee or service charge which would otherwise be imposed against qualified businesses within the specially benefited zone.
[4.] 3. Develop and carry out, alone or where feasible with the participation of one or more designated neighborhood organizations as provided in NRS 274.250, programs to improve needed governmental services within the specially benefited zone.
[5.] 4. Develop and carry out a plan to:
(a) Ensure the availability of resources to assist residents of the specially benefited zone in their own efforts to improve the condition of property and the availability and quality of public services within the zone.
(b) Provide or seek assistance for persons or businesses displaced as a result of undertakings or other activities conducted pursuant to this chapter or chapter 361B of NRS.
[6.] 5. Cooperate with any other governmental agency to provide any other incentive likely to encourage private investment within the specially benefited zone.
Sec. 8. NRS 354.59811 is hereby amended to read as follows:
354.59811Except as otherwise provided in NRS 350.087, 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425 and 543.600, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:
1. The rate must be set so that when applied to the current fiscal year's assessed valuation of all property which was on the preceding fiscal year's assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area [or tax increment area] and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.
2. This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.
Sec. 9. NRS 377.057 is hereby amended to read as follows:
377.0571. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, except as otherwise provided in subsection 2:
(a) For Douglas, Esmeralda, Eureka, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties, distribute to each county an amount equal to one-twelfth of the amount distributed in the immediately preceding fiscal year multiplied by one plus:
(1) The percentage change in the total receipts from the supplemental city-county relief tax for all counties and from out-of-state businesses, from the fiscal year 2 years preceding the immediately preceding fiscal year to the fiscal year preceding the immediately preceding fiscal year; or
(2) Except as otherwise provided in this paragraph, the percentage change in the population of the county, as certified by the governor pursuant to NRS 360.285, added to the percentage change in the Consumer Price Index for the year ending on December 31 next preceding the year of distribution,
whichever is less, except that the amount distributed to the county must not be less than the amount specified in subsection 10. If the United States Bureau of the Census issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, the percentage change calculated pursuant to subparagraph (2) for the ensuing fiscal year must be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.
(b) For all other counties, distribute the amount remaining after making the distributions required by paragraph (a) to each county in the proportion that the amount of supplemental city-county relief tax collected in the county for the month bears to the total amount of supplemental city-county relief tax collected for that month in the counties whose distribution will be determined pursuant to this paragraph.
2. If the amount of supplemental city-county relief tax collected in a county listed in paragraph (a) of subsection 1 for the 12 most recent months for which information concerning the actual amount collected is available on February 15 of any year exceeds by more than 10 percent the amount distributed pursuant to paragraph (a) to that county for the same period, the state controller shall distribute that county's portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) in all subsequent fiscal years, unless a waiver is granted pursuant to subsection 3.
3. A county which, pursuant to subsection 2, is required to have its portion of the proceeds from the supplemental city-county relief tax distributed pursuant to paragraph (b) of subsection 1, may file a request with the Nevada tax commission for a waiver of the requirements of subsection 2. The request must be filed on or before February 20 next preceding the fiscal year for which the county will first receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1, and must be accompanied by evidence which supports the granting of the waiver. The commission shall grant or deny a request for a waiver on or before March 10 next following the timely filing of the request. If the commission determines that the increase in the amount of supplemental city-county relief tax collected in the county was primarily caused by:
(a) Nonrecurring taxable sales, it shall grant the request.
(b) Normal or sustainable growth in taxable sales, it shall deny the request.
A county which is granted a waiver pursuant to this subsection is not required to obtain a waiver in any subsequent fiscal year to continue to receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (a) of subsection 1 unless the amount of supplemental city-county relief tax collected in the county in a fiscal year again exceeds the threshold established in subsection 2.
4. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district created to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency [, any tax increment area] and any other local government excluded by specific statute, in the proportion which each local government's basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments.
5. As used in this section, the "basic ad valorem revenue" of each local government, except as otherwise provided in subsection 6 of NRS 354.5987, is its assessed valuation, including assessed valuation attributable to a redevelopment agency [or tax increment area] but excluding the portion attributable to the net proceeds of minerals, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this subsection:
(a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(b) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
6. For the purposes of determining basic ad valorem revenue, the assessed valuation of a fire protection district includes property which was transferred from private ownership to public ownership after July 1, 1986, pursuant to:
(a) The Santini-Burton Act, Public Law 96-586; or
(b) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.
7. On or before February 15 of each year, the executive director shall provide to each local government a preliminary estimate of the revenue it will receive from the supplemental city-county relief tax in the next fiscal year.
8. On or before March 15 of each year, the executive director shall:
(a) Make an estimate of the receipts from the supplemental city-county relief tax on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles; and
(b) Provide to each local government an estimate of the tax that local government would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.
9. A local government may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.
10. The minimum amount which may be distributed to the following counties in a month pursuant to paragraph (a) of subsection 1 is as follows:
Senate Bill No. 346.
Bill read second time and ordered to third reading.
Senate Bill No. 348.
Bill read second time and ordered to third reading.
Senate Bill No. 374.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 435.
Amend section 1, page 1, by deleting lines 8 and 9 and inserting:
"3. The attorney general shall, upon request, render opinions to the Nevada tax commission on questions of law relating to the powers and duties of the commission. If the Nevada tax commission wishes to obtain opinions from an attorney other than the attorney general, the commission may employ legal counsel or contract for the services of independent counsel to provide those opinions.".
Amend section 1, page 2, by deleting line 3 and inserting:
"counsel pursuant to this subsection.".
Amend the title of the bill by deleting the third line and inserting:
"commission to employ legal counsel or contract for independent counsel under certain circumstances;".
Senate Bill No. 375.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 436.
Amend sec. 2, page 1, by deleting lines 7 through 9 and inserting:
"360.105 1. The department shall:
[1.] (a) In each even-numbered year, submit to the Nevada tax commission, at the meeting conducted by the commission pursuant to NRS 361.455 or, if no such meeting is conducted during that year, at the meeting conducted by the commission pursuant to subsection 2, a copy of the proposed budget for ".
Amend sec. 2, page 1, line 11, by deleting "2." and inserting "(b)".
Amend sec. 2, page 1, line 12, by deleting "(a)" and inserting "[(a)] (1)".
Amend sec. 2, page 1, line 13, by deleting "(b)" and inserting "[(b)] (2)".
Amend sec. 2, page 1, line 14, by deleting "(c)" and inserting "[(c)] (3)".
Amend sec. 2, page 1, line 16, by deleting "3." and inserting "(c)".
Amend sec. 2, page 1, by deleting line 17, and inserting:
"(1) The Nevada tax commission, at its first meeting in each odd-numbered ".
Amend sec. 2, page 1, line 19, by deleting "(b)" and inserting "(2)".
Amend sec. 2, page 1, after line 19 by inserting:
"2. If the Nevada tax commission does not meet pursuant to NRS 361.455 in an even-numbered year, it shall meet during June of that year to accept the proposed budget for the department and legislation proposed by the department.".
Amend the bill as a whole by deleting sections 3 and 4 and renumbering sections 5 through 12 as sections 3 through 10.
Amend sec. 6, page 2, line 42, after "The" by inserting:
"executive director or any other employee or representative of the".
Amend sec. 11, page 5, by deleting lines 11 and 12 and inserting:
"3. Except as otherwise provided in subsection 4, the executive director or any other employee or representative of the department shall not seek judicial review of a decision made by the Nevada tax commission or the state board of equalization.
4. The executive director or any other employee or representative of the department may seek judicial review of a decision made by the state board of equalization if the case was not originally instituted upon the act of a county assessor, a county board of equalization or the Nevada tax commission.".
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 404.
Bill read second time and ordered to third reading.
Assembly Bill No. 174.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 413.
Amend the bill as a whole by renumbering section 1 as sec. 5 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
"Section 1. NRS 315.977 is hereby amended to read as follows:
315.9771. The Nevada rural housing authority, consisting of five commissioners, is hereby created.
2. The commissioners must be appointed as follows:
(a) Two commissioners must be appointed by the Nevada League of Cities.
(b) Two commissioners must be appointed by the Nevada Association of Counties.
(c) One commissioner must be appointed [by the governor.] jointly by the Nevada League of Cities and the Nevada Association of Counties. This commissioner must be a current recipient of assistance from the authority and must be selected from a list of at least five eligible nominees submitted for this purpose by an organization which represents tenants of housing projects operated by the authority. If no such organization exists, the commissioner must be selected from a list of nominees submitted for this purpose from persons who currently receive assistance from the authority. If during his term the commissioner ceases to be a recipient of assistance, he must be replaced by a person who is a recipient of assistance.
3. After the initial terms, the term of office of a commissioner is 4 years or until his successor takes office.
4. A majority of the commissioners constitutes a quorum, and a vote of the majority is necessary to carry any question.
5. If either of the appointing entities listed in [paragraphs (a) and (b) of] subsection 2 ceases to exist, the pertinent appointments required by subsection 2 must be made by the successor in interest of that entity or, if there is no successor in interest, by the other appointing entity.
Sec. 2. NRS 315.983 is hereby amended to read as follows:
315.9831. Except as otherwise provided in NRS 354.474 and 377.057, the authority:
(a) Shall be deemed to be a public body corporate and politic, and an instrumentality, local government and political subdivision of the state, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out the purposes and provisions of NRS 315.961 to 315.996, inclusive, but not the power to levy and collect taxes or special assessments.
(b) Is not an agency, board, bureau, commission, council, department, division, employee or institution of the state.
2. The authority may:
(a) Sue and be sued.
(b) Have a seal.
(c) Have perpetual succession.
(d) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers.
(e) Deposit money it receives in any insured state or national bank, insured credit union, insured savings and loan association, or in the local government pooled long-term investment account created by NRS 355.165 or the local government pooled investment fund created by NRS 355.167.
(f) Adopt bylaws, rules and regulations to carry into effect the powers and purposes of the authority.
(g) Create a nonprofit organization which is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3) and which has as its principal purpose the development of housing projects.
Sec. 3. NRS 315.984 is hereby amended to read as follows:
315.984Subject to the provisions of NRS 315.986 and 315.987 [, the authority] :
1. The authority or a nonprofit corporation created pursuant to paragraph (g) of subsection 2 of NRS 315.983 may, within its area of operation [:
1. Prepare,] , prepare, carry out and operate housing projects and provide for the construction, reconstruction, improvement, extension, alteration [,] or repair of any such project or any part thereof.
2. [Administer] The authority may, within its area of operation, administer programs to subsidize that portion of a tenant's rental payments which represents the difference between the payment required in the lease and the amount paid under any program of the Federal Government.
3. [Determine] The authority may, within its area of operation, determine where there is a need for additional low-rent housing for persons of low income and where there is unsafe, insanitary or overcrowded housing.
4. [Make] The authority may, within its area of operation, make studies and recommendations relating to the problems of relieving the shortage of low-rent housing and of eliminating unsafe, insanitary or overcrowded housing.
5. [Cooperate] The authority may, within its area of operation, cooperate with the Federal Government, state agencies, local housing authorities, counties, cities, towns and other political subdivisions of the state in action taken in connection with such problems.
Sec. 4. NRS 315.993 is hereby amended to read as follows:
315.9931. The authority shall not construct or operate any housing project for profit.
2. The authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals or payments for dwelling accommodations at low rates consistent with its providing decent, safe and sanitary dwelling accommodations for persons of low income.
3. The authority shall fix the rentals or payments for dwellings in its housing projects at no higher rates than are necessary to produce revenue which, together with all other available money, revenue, income and receipts of the authority from whatever sources derived, will be sufficient:
(a) To pay, as it becomes due, the principal and interest on the bonds of the authority.
(b) To create and maintain such reserves as may be required to assure the payment of principal and interest as it becomes due on its bonds.
(c) To meet the cost of, and to provide for, maintaining and operating the housing projects, including necessary reserves therefor and the cost of any insurance, and the administrative expenses of the authority.
(d) To make such payments in lieu of taxes as it determines are consistent with the maintenance of the low-rent character of the housing projects.
4. For the purposes of this section, a housing project constructed or operated by the authority that is eligible for credit for low-income housing pursuant to 26 U.S.C. § 42 is not constructed or operated for profit.".
Amend the bill as a whole by renumbering sec. 2 as sec. 7 and adding a new section designated sec. 6, following section 1, to read as follows:
"Sec. 6. As soon as practicable after December 31, 1997, the Nevada League of Cities and the Nevada Association of Counties shall appoint to the Nevada rural housing authority the commissioner appointed pursuant to paragraph (c) of subsection 1 of NRS 315.977.".
Amend the title of the bill to read as follows:
Assembly Bill No. 430.
Bill read second time and ordered to third reading.
Assembly Bill No. 446.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 14 of the 68th Session.
Resolution read second time.
Senator Raggio moved that Assembly Joint Resolution No. 14 be taken from the Second Reading File and placed on the Secretary's desk.
Remarks by Senator Raggio.
Motion carried.
Senate Bill No. 145.
Bill read third time.
Roll call on Senate Bill No. 145:
Yeas -- 20.
Nays -- None.
Excused -- Regan.
Senate Bill No. 145 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 205.
Bill read third time.
Remarks by Senator Rawson.
Roll call on Senate Bill No. 205:
Yeas -- 20.
Nays -- None.
Excused -- Regan.
Senate Bill No. 205 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 254.
Bill read third time.
Roll call on Senate Bill No. 254:
Yeas -- 20.
Nays -- None.
Excused -- Regan.
Senate Bill No. 254 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 353.
Bill read third time.
Roll call on Senate Bill No. 353:
Yeas -- 20.
Nays -- None.
Excused -- Regan.
Senate Bill No. 353 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 463.
Bill read third time.
Remarks by Senators Raggio, O'Connell and Neal.
Roll call on Assembly Bill No. 463:
Yeas -- 20.
Nays -- None.
Excused -- Regan.
Assembly Bill No. 463 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to General Jack Gregory.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Tim Carlson and Susan Haas.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Julius Davis and Tina Heglin.
Senator Raggio moved that the Senate adjourn until Monday, June 9, 1997 at 11 a.m.
Motion carried.
Senate adjourned at 11:48 a.m.
Approved:
Lonnie L. Hammargren, M.D.
President of the Senate
Attest: Janice L. Thomas
Secretary of the Senate