Carson City (Monday), June 23, 1997

Senate called to order at 11:22 a.m.
President Hammargren presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Marvin Dennis.
Our Heavenly Father, with a thankful heart I praise You today for the help, both seen and unseen, that You have given to these senators this year.
As Chaplain, I now ask once again as this year comes to an end, that You will continue to be our Guide, giving each of us an abundance of Faith, Hope, Love and Trust in You, our Sovereign God.
In the name of my Saviour, I pray.

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.

Ann O'Connell,

Chairman

Mr. President:
Your Committee on Government Affairs, to which was referred Senate Concurrent Resolution No. 39, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Ann O'Connell,

Chairman

Mr. President:
Your Committee on Natural Resources, to which were referred Senate Bills Nos. 24, 350, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Dean A. Rhoads,

Chairman

Assembly Chamber, Carson City, June 21, 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. 192, 244, 351.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 577, 587, 600.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 118, 170, 220, 375, 595.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Senate Bill No. 128 and requests a second conference, and appointed Anderson, Herrera and Berman as a second Committee on Conference to meet with a like committee of the Senate for further consideration of Senate Bill No. 128.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

By the Committee on Judiciary:
Senate Bill No. 475--An Act relating to actions resulting from constructional defects; requiring an unsuccessful claimant in an action against a design professional resulting from a constructional defect to pay the reasonable costs and attorney's fees of the defendant if the claimant fails to file a certificate of merit before filing his claim; revising other provisions governing actions resulting from constructional defects; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 118.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 170.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 220.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 375.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

Assembly Bill No. 577.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 587.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 595.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 600.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

Assembly Bill No. 47.
Bill read third time.
Roll call on Assembly Bill No. 47:
Yeas -- 20.
Nays -- Titus.
Assembly Bill No. 47 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 309.
Bill read third time.
Roll call on Assembly Bill No. 309:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 309 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 388.
Bill read third time.
Roll call on Assembly Bill No. 388:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 388 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 412.
Bill read third time.
Roll call on Assembly Bill No. 412:
Yeas -- 20.
Nays -- Neal.
Assembly Bill No. 412 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 423.
Bill read third time.
Remarks by Senators James, Neal and Regan.
Senator Neal requested that the following remarks be entered in the Journal.
Senator James:
Thank you, Mr. President. I do not want anyone to become fixated on this bill. I have been asked to give an explanation on the bill. Please sit back and relax and not forward near your light.
Assembly Bill No. 423 establishes guidelines for the admissibility of hypnotic testimony in court. It is important to remember that hypnoticly induced testimony is already admitted in court at the discretion of the judge. What this bill does is set forth some guidelines which will aid a judge in ruling upon the reliability of this type of testimony. We are not starting something new in saying we are going to admit hypnotic testimony. What we are doing is saying that if it is admitted, which a court can do now, it has to be under these restrictions.
The bill provides that the evidence is admissible if the witness gives informed consent to the hypnosis, further specifies the persons authorized to induce hypnosis, dictates that prior to hypnosis a written description of the subject matter must be provided to the parties involved, the hypnosis must be electronically recorded by audio or video and be available to the court and the parties involved. The parent or guardian of a minor who is a witness or an artist employed by a law enforcement agency are the only persons who may be present during the hypnosis other than the witness and the hypnotist. The bill allows the court to exclude hypnotic testimony if it is determined that such testimony is unreliable or inadmissible, which the court has the power to do now. Additionally, however, the measure requires the court to provide the jury instructions regarding the use of hypnotic testimony. Under this measure, the parties may attack the credibility of hypnosis and establish legal grounds for excluding such testimony. Although it is allowed in courts under existing law, there is no law governing the admissibility of such testimony. Testimony, at the hearing, stressed the importance of establishing procedures for the use of hypnosis in court, or in testimony where the recall has been induced by hypnosis, and indicated that memory recall technique is a useful tool for law enforcement.
It is important to remember that this is a bill which was supported by the Las Vegas prosecutors and the law enforcement agencies there. They gave us an example of a case in which a nine-year-old child was the only witness to the abduction, rape and murder of a friend. She did not have the ability to recall these events, but, through this technique, her memory was brought back and she could then testify in court. I have never encountered this during my own experiences in court, but those who testified said that it was useful and with these guidelines it is safe. Juries will be able to evaluate whether this is reliable testimony or whether this is a trick or attempt to bring in testimony which is not reliable. Judges and juries will have the tools to do that with passage of this bill.

Senator Neal:
Mr. President and members of the Senate. I read this bill and it troubled me somewhat because this seems to enter into a new area of testimony. As I read the bill, I was reminded of a story I had read about King Arthur when he was a boy training under Merlin. King Arthur said to Merlin the Wizard that he was lonely. Merlin looked at him in a puzzled manner and said that he could not understand why mortals were lonely. He also said that you always have a shadow self that follows you around. I guess that what he was saying is that each one of us carry, in our subconsciousness, a shadow self. Sometimes, we may not know how to deal with that shadowed self unless we are able to see ourselves as jail keepers and also be jailed. When we attempt to deal with such a mind boggling issue, in order to support some type of evidentiary claim, it seems to me that we are treading into the darkness of the unknown. The subconscious mind can give you just about anything that those who are experts in the field may direct. By having this enacted into law, in terms of a recall, and have this to be used as evidence to support a claim of the violation of the law, I think we have gone far afield in this area.
The other day, we had a bill before us that dealt similarly with this because we had people recalling something that happened twenty years ago. We put into the law that they had four years, if they had written a report, in order to assert that claim of wrong doing. Now, in this particular bill, we forget about the report that was written. We now say that you can put the person under hypnosis and thereby the judge can accept as evidence whatever comes out of that test or review the claim as being proper and admissible as evidence.
I understand the position of the district attorneys and the police who would like to have a very easy case. They would like to have just the law and not have to prove anything. Once you run afoul of the law, they consider you guilty. But, when you talk about the rights of individuals, we as the Legislature are supposed to look at those protections and try to write into law those laws that are necessary to protect individual rights against false criminal claims. We do not do this with the measure before us. What we are allowing is that someone of a shadow self is to have that shadowed self to be repeated through the process of hypnosis and then attempt to utilize that to substantiate criminal wrongdoing. This is wrong! This is wrong! We have not had the necessary foundation, in terms of scientific application of such a process, in order to put that into law. I know, when we want to get these types of measures in law, we usually attach it to children who have been sexually violated. That is supposed to give the grease in which this is supposed to move through this particular body, but we are called upon, as Legislators, to even look beyond that if we are to be about the cause of justice.
As I indicated, this does not have the necessary scientific foundation for this body to act on this question. My feeling is that we should not permit it, if we follow the course we adopted the other day, in terms of dealing with reports, and I assume the report addresses these lingering thoughts. If it did not, we would not have requested a report. We still would have permitted an individual to come forth 20 or 30 years later and make a claim of criminal wrongdoing. To say that the police, or the district attorney, can take anyone and place that person under hypnosis and use whatever information is gained in a criminal complaint against anyone I think is wrong. It violates our constitutional rights against evidence which could not be challenged by the person so charged. This is what we are permitting to happen with this measure. I think it is the wrong course to take.

Senator Regan:
Thank you, Mr. President, to you and through you to the Chairman of the Judiciary Committee. I have a question regarding subsection 1 regarding the "recall." There have been a number of trial cases lately where the individuals under hypnosis have been widely influenced by the individual performing the hypnosis. It has been shown that in some "recall" cases where the person has been induced to retrieve a memory that was not true. I am not talking about a Bridey Murphy's situation. I wonder what protection we have, in this measure, from the unscrupulous advisor or the person performing the hypnosis. There have been a number of cases, in case law, where people have been charged with criminal activity that was brought about, especially in child abuse cases, by an interrogator who put the thoughts in the individual's mind through hypnosis. I wonder if we are giving protection under the law, as mentioned by Senator Neal, through this bill for any subsequent recall brought to memory by the use of hypnosis. Can you give me an answer to this, Senator James?

Senator James:
Thank you, Mr. President, through you to the questioner. It is important to remember that the judge has the discretion to allow this testimony in now and often does in criminal cases. We have a number of cases, not just the child abuse, molestation or abduction case, but the case of arson and a recent murder case in Reno in all of which hypnotically induced memory was used. The judges have that discretion at the present time. The good thing about the bill is that it builds in safeguards which presently do not exist in the law. If you are talking about the person who is inducing the hypnosis suggesting things in the memory, the bill requires mechanical recordization of the entire proceedings. You do not have that currently, so this would give protection against that since you would be able to listen to the tape and hear where memory was induced rather than being a real memory.
It is important to adopt this bill. I did not give you all the testimony we heard in committee. We did get something from the Eureka County Sheriff's Office. They had an arson case they could not break. Deputy Paul Kincaid, a reserve deputy, used in northern Nevada many times and who is trained in this area, broke that case open. Another case was the murder of Katherine Powell, a local school teacher in Reno on February 11, 1995. They could not get all the witnesses to recall the critical events in order to break open that case. He was able to do it in that case also. You currently have this going on, and the courts recognize the reliability under the right circumstances of this kind of testimony. It is not revolutionary. What we are trying to do is to put some parameters around it, give guidance to those who are engaging in this practice at the district attorney level and also to the judges in making a decision as to what is reliable or not reliable. Finally, it requires instructing the jury as to what they can look for, what they can believe or not believe.
This is a good bill and very important for law enforcement.
Roll call on Assembly Bill No. 423:
Yeas -- 20.
Nays -- Neal.
Assembly Bill No. 423 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 431.
Bill read third time.
Remarks by Senators Wiener and Raggio.
Roll call on Assembly Bill No. 431:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 431 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 438.
Bill read third time.
Remarks by Senators Neal and James.
Roll call on Assembly Bill No. 438:
Yeas -- 20.
Nays -- Neal.
Assembly Bill No. 438 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 439.
Bill read third time.
Roll call on Assembly Bill No. 439:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 439 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 443.
Bill read third time.
Roll call on Assembly Bill No. 443:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 443 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 444.
Bill read third time.
Roll call on Assembly Bill No. 444:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 444 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 500.
Bill read third time.
Remarks by Senators Neal, Rhoads and Adler.
Roll call on Assembly Bill No. 500:
Yeas -- 21.
Nays -- None.
Assembly Bill No. 500 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Joint Resolution No. 13.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 13:
Yeas -- 21.
Nays -- None.
Assembly Joint Resolution No. 13 having received a constitutional majority, Mr. President declared it passed.
Resolution ordered transmitted to the Assembly.

Randolph J. Townsend,

Chairman

Mr. President:
Your Committee on Finance, to which was referred Assembly Bill No. 435, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio,

Chairman

Mr. President:
Your Committee on Finance, to which was referred Senate Bill No. 36, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio,

Chairman

Mr. President:
Your Committee on Judiciary, to which was referred Assembly Bill No. 458, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark A. James,

Chairman

Senate Bill No. 350.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 609.
Amend the bill as a whole by deleting sections 1 through 8 and the leadlines of repealed sections, renumbering sec. 9 as sec. 11 and adding new sections designated sections 1 through 10, following the enacting clause, to read as follows:
"Section 1. Chapter 576 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The division shall adopt regulations pursuant to which a person may obtain certification that he is an actual producer of an agricultural product of the soil. The regulations may include provisions for the certification by reciprocity of a person who holds a similar certification from another jurisdiction where the requirements for that certification are substantially equal to the requirements in this state.
2. The division may impose fees for the certification of persons as actual producers of an agricultural product of the soil and any inspections necessary for that certification. The fees must be set in an amount which approximates the cost to the division of performing those services and activities.
3. A person who obtains certification pursuant to this section is exempt from any:
(a) Tax or other fee imposed pursuant to NRS 244.335, 266.355, 268.095, 269.170 or 269.175, or subsection 7 of NRS 266.600, relating to the issuance of any license to sell or offer to sell, in its natural and unprocessed state directly to any consumer, restaurant or grocery store, an agricultural product of the soil for which the person has obtained certification pursuant to this section.
(b) Fee imposed for:
(1) The issuance of a permit pursuant to chapter 446 of NRS to sell or offer to sell, in its natural and unprocessed state directly to any consumer, restaurant or grocery store, an agricultural product of the soil for which the person has obtained certification pursuant to this section; or
(2) Any inspection conducted pursuant to chapter 446 of NRS relating to such a sale or offer to sell.
Sec. 2. NRS 244.335 is hereby amended to read as follows:
244.3351. Except as otherwise provided in subsection 2, the board of county commissioners may:
(a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.
(b) Except as otherwise provided in section 1 of this act and NRS 244.3359, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.
3. No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of chapter 364A of NRS. The county license board shall provide upon request an application for a business license pursuant to chapter 364A of NRS.
4. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
5. Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 6 months after the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
6. The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. If the authority is so delegated, the board of county commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
Sec. 3. NRS 266.355 is hereby amended to read as follows:
266.3551. Except as otherwise provided in subsection 3, the city council may:
(a) Regulate all businesses, trades and professions.
(b) [Fix,] Except as otherwise provided in section 1 of this act, fix impose and collect a license tax for revenue upon all businesses, trades and professions.
2. The city council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
3. The city council may license insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.
Sec. 4. NRS 266.600 is hereby amended to read as follows:
266.600The city council may:
1. Control the finances of the corporation.
2. Appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation.
3. Levy and collect taxes within the city for general and special purposes on real and personal property, as provided by law.
4. Borrow money on the credit of the city for corporate purposes, in the manner and to the extent allowed by the constitution and the laws, and issue general obligations therefor, but no city may issue or have outstanding at any time bonds [to] in an amount in excess of 30 percent of the total assessed valuation of the taxable property within such city as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip or other evidences of indebtedness, excepting the bonded indebtedness, in excess of 20 percent of the assessed valuation. This subsection does not restrict the power of cities as to taxation, assessment, borrowing money, contracting debts or loaning their credit for procuring supplies of water.
5. Secure additionally the payment of any general obligation securities by a pledge of any revenues [(other] , other than tax [proceeds)] proceeds, legally available therefor.
6. Divide the city into districts for the purpose of local taxation, or [to] create districts for that purpose, as occasion may require.
7. [Raise] Except as otherwise provided in section 1 of this act, raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and regulate it by ordinance. All such license fees and taxes must be uniform [in] with respect to the class upon which they are imposed.
8. Fix the amount of licenses and the terms and manner of their issuance.
Sec. 5. NRS 268.095 is hereby amended to read as follows:
268.0951. The city council or other governing body of each incorporated city in [the State of Nevada,] this state, whether organized under general law or special charter, may:
(a) Except as otherwise provided in section 1 of this act and NRS 268.0968, fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.
(b) Assign the proceeds of any one or more of such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:
(1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;
(2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;
(3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;
(4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;
(5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and
(6) For constructing, purchasing or otherwise acquiring such recreational facilities.
(c) Pledge the proceeds of any tax imposed on the revenues from the rental of transient lodging pursuant to this section for the payment of any general obligations issued by the city for a purpose authorized by the City Bond Law, NRS 268.672 to 268.740, inclusive.
(d) Use the proceeds of any tax imposed pursuant to this section on the revenues from the rental of transient lodging:
(1) To pay the principal, interest or any other indebtedness on any general or special obligations issued by the city pursuant to the City Bond Law, NRS 268.672 to 268.740, inclusive;
(2) For the expense of operating or maintaining, or both, any facilities of the city; and
(3) For any other purpose for which other money of the city may be used.
2. The proceeds of any tax imposed pursuant to this section that are pledged for the repayment of general obligations may be treated as "pledged revenues" for the purposes of NRS 350.020.
3. No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of chapter 364A of NRS. The city licensing agency shall provide upon request an application for a business license pursuant to chapter 364A of NRS.
4. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
5. Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 6 months following the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
6. The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board. If the authority is so delegated, the governing body shall revoke or suspend the license of a business upon certification by the board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 268.0966, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
7. The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 6. NRS 269.170 is hereby amended to read as follows:
269.1701. [The] Except as otherwise provided in section 1 of this act, the town board or board of county commissioners may in any unincorporated town:
(a) Fix and collect a license tax on, and regulate, having due regard to the amount of business done by each person [or firm] so licensed, and all places of business and amusement so licensed, as follows:
(1) Artisans, artists, assayers, auctioneers, bakers, banks and bankers, barbers, boilermakers, cellars and places where soft drinks are kept or sold, clothes cleaners, foundries, laundries, lumberyards, manufacturers of soap, soda, borax or glue, markets, newspaper publishers, pawnbrokers, funeral directors and wood and coal dealers.
(2) Bootmakers, cobblers, dressmakers, milliners, shoemakers [,] and tailors.
(3) Boardinghouses, hotels, lodginghouses, restaurants and refreshment saloons.
(4) Barrooms, gaming, manufacturers of liquors and other beverages, and saloons.
(5) Billiard tables, bowling alleys, caravans, circuses, concerts and other exhibitions, dance houses, melodeons, menageries, shooting galleries, skating rinks [,] and theaters.
(6) Corrals, hay yards, livery and sale stables, and wagon yards.
(7) Electric light companies, illuminating gas companies, power companies, telegraph companies, telephone companies [,] and water companies.
(8) Carts, drays, express companies, freight companies, job wagons, omnibuses and stages.
(9) Brokers, commission merchants, factors, general agents, mercantile agents, merchants [and traders,] , traders and stockbrokers.
(10) Drummers, hawkers, peddlers [,] and solicitors.
(11) Insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.
(b) Fix and collect a license tax upon all professions, trades or business within the town not specified in paragraph (a).
2. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
3. Any license tax levied for the purposes of NRS 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the same manner as liens for ad valorem taxes on real and personal property. The town board or other governing body of the unincorporated town may delegate the power to enforce such liens to the county fair and recreation board.
4. The governing body or the county fair and recreation board may agree with the department of taxation for the continuing exchange of information concerning taxpayers.
Sec. 7. NRS 269.175 is hereby amended to read as follows:
269.175[The] Except as otherwise provided in section 1 of this act, the boards of county commissioners may in any unincorporated town in their respective counties license, tax, regulate, prohibit and suppress all tippling houses, dramshops, public card tables, raffles, hawkers, peddlers, pawnbrokers, gambling houses, disorderly houses and houses of ill fame.
Sec. 8. NRS 439.150 is hereby amended to read as follows:
439.1501. The state board of health is hereby declared to be supreme in all nonadministrative health matters. It has general supervision over all matters, except for administrative matters, relating to the preservation of the health and lives of citizens of the state and over the work of the state health officer and all [local (district,] district, county and [city)] city health departments, boards of health and health officers.
2. The department of human resources is hereby designated as the agency of this state to cooperate with the duly constituted federal authorities in the administration of those parts of the Social Security Act which relate to the general promotion of public health. It may receive and expend all money made available to the health division by the Federal Government, the state or its political subdivisions, or from any other source, for the purposes provided in this chapter. In developing and revising any state plan in connection with federal assistance for health programs, the department shall consider, among other things, the amount of money available from the Federal Government for those programs, the conditions attached to the acceptance of the money and the limitations of legislative appropriations for those programs.
3. [The] Except as otherwise provided in section 1 of this act, the state board of health may set reasonable fees for the:
(a) Licensing, registering, certifying, inspecting or granting of permits for any facility, establishment or service regulated by the health division;
(b) Programs and services of the health division;
(c) Review of plans; and
(d) Certification and licensing of personnel.
Fees set pursuant to this subsection must be calculated to produce for that period the revenue from the fees projected in the budget approved for the health division by the legislature.
Sec. 9. NRS 439.360 is hereby amended to read as follows:
439.360The county board of health [shall have the power:
1. To abate] may:
1. Abate nuisances in accordance with law.
2. [To establish] Establish and maintain an isolation hospital or quarantine station when necessary.
3. [To restrain,] Restrain, quarantine and disinfect any person sick with or exposed to any contagious or infectious disease [,] which is dangerous to the public health.
4. [To appoint] Appoint quarantine officers when necessary to enforce a quarantine, [and] shall provide whatever medicines, disinfectants and provisions which may be required, and shall arrange for the payment of all debts or charges so incurred from any funds available; but each patient shall, if able, pay for his food, medicine, clothes and medical attendance.
5. Subject to the prior review and approval of the county commission [, to] and except as otherwise provided in section 1 of this act, adopt a schedule of reasonable fees to be collected for issuing or renewing any health permit or license required to be obtained from such board pursuant to state law or an ordinance adopted by any political subdivision. Such fees [shall] must be for the sole purpose of defraying the costs and expenses of the [licensing and permit] procedures for issuing licenses and permits, and investigations related thereto , and not for the purposes of general revenue . [purposes.]
Sec. 10. NRS 439.470 is hereby amended to read as follows:
439.470The city board of health [shall have the power:
1. To abate] may:
1. Abate nuisances in accordance with law.
2. [To establish] Establish a temporary isolation hospital or quarantine station when emergency demands.
3. [To restrain,] Restrain, quarantine and disinfect any person sick with or exposed to any contagious or infectious disease [,] which is dangerous to the public health.
4. [To appoint] Appoint quarantine officers when necessary to enforce a quarantine, and shall provide whatever medicines, disinfectants and provisions which may be required . [, and the] The city council shall pay all debts or charges so incurred; but each patient shall, if able, pay for his food, medicine, clothes and medical attendance.
5. Subject to the prior review and approval of the governing body of the city [, to] and except as otherwise provided in section 1 of this act, adopt a schedule of reasonable fees to be collected for issuing or renewing any health permit or license required to be obtained from such board pursuant to state law or an ordinance adopted by any political subdivision. Such fees [shall] must be for the sole purpose of defraying the costs and expenses of the [licensing and permit] procedures for issuing licenses and permits, and investigations related thereto , and not for the purposes of general revenue . [purposes.]".
Amend the title of the bill to read as follows:

"An Act relating to farm products; providing for the certification of an actual producer of an agricultural product of the soil; exempting such a person from certain taxes and fees relating to certain sales of that product; and providing other matters properly relating thereto.".

"Summary--Provides for certification of actual producer of agricultural product of soil and exempts producer from certain taxes and fees relating to certain sales of product. (BDR 50-1515)".

Senate Bill No. 363.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 520.
Amend the bill as a whole by renumbering sections 1 through 3 as sections 2 through 4 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. NRS 338.140 is hereby amended to read as follows:
338.140 1. [No] An agency of this state [nor any] , a political subdivision, municipal corporation or district, [nor any] a public officer or a person charged with the letting of contracts for the construction, alteration or repair of public works shall not draft or cause to be drafted specifications for bids, in connection with the construction, alteration or repair of public works:

(a) In such a manner as to limit the bidding, directly or indirectly, to any one specific concern.
(b) Except in those instances where the product is designated to match others in use on a particular public improvement either completed or in the course of completion, calling for a designated material, product, thing or service by specific brand or trade name unless the specification lists at least two brands or trade names of comparable quality or utility and is followed by the words "or equal" so that bidders may furnish any equal material, product, thing or service.
(c) In such a manner as to hold the bidder to whom such contract is awarded responsible for extra costs incurred as a result of errors or omissions by the public agency in the contract documents.
(d) In such a manner as to require a bidder to furnish to the public agency, whether before or after the bid is submitted, documents generated in the preparation or determination of prices included in the bid.
2. In those cases involving a unique or novel product application required to be used in the public interest, or where only one brand or trade name is known to the specifying agency, it may list only one.
3. Specifications [shall] must provide a period of time of at least 7 days after award of the contract for submission of data substantiating a request for a substitution of "an equal" item.".
Amend section 1, page 1, line 3, by deleting "$75,000" and inserting "$35,000".
Amend sec. 2, page 2, line 36, by deleting "$75,000," and inserting "$35,000,".
Amend the title of the bill, first line, after "works;" by inserting:
"prohibiting a public agency from requiring a bidder for a public works project to furnish certain documents concerning the preparation of his bid;".
Amend the summary of the bill to read as follows:

"Summary--Makes various changes relating to public works. (BDR 28-633)".

Senate Bill No. 447.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 712.
Amend sec. 40, page 14, line 4, by deleting "D" and inserting "E".
Amend sec. 48, page 17, line 2, by deleting "D" and inserting "E".
Amend sec. 97, page 31, line 40, by deleting:
"Tuesday in March" and inserting:
"Monday in May".
Amend sec. 97, page 31, line 41, by deleting:
"first Tuesday in June." and inserting:
"third Monday in May.".
Amend sec. 114, page 41, line 6, by deleting "D" and inserting "E".
Amend sec. 119, page 43, line 21, by deleting "D" and inserting "E".
Amend sec. 154, page 58, by deleting lines 13 through 23 and inserting:
"294A.390The officer from whom a candidate or entity requests a form for:
1. A declaration of candidacy;
2. An acceptance of candidacy;
3. [An affidavit of candidacy;
4.] The registration of a committee for political action pursuant to NRS 294A.230 or a committee for the recall of a public officer pursuant to 294A.250; or
[5.] 4. The reporting of campaign contributions, expenses or expenditures pursuant to NRS 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360,
shall furnish the candidate with the necessary forms for reporting and copies of the regulations adopted by the secretary of state pursuant to this chapter. An explanation of the applicable provisions of NRS 294A.100, 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 relating to the making, accepting or reporting of campaign contributions, expenses or expenditures and the penalties for a violation of those provisions as set forth in NRS 294A.100 or section 12 of this act must be printed on the forms. The candidate or entity shall acknowledge receipt of the material.".
Amend sec. 162, page 61, line 26, by deleting:
"282.010 [;] or," and inserting "282.010, or,".
Amend sec. 162, page 61, by deleting line 29 and inserting:
"(f) Except as otherwise provided in NRS 266.400, the ceasing of the incumbent to be a resident of the state, district,".
Amend sec. 162, page 61, line 32, by deleting the period and inserting:
"or appointed to office.".
Amend sec. 167, page 64, line 32, by deleting "police" and inserting "municipal".
Amend sec. 167, page 64, line 37, by inserting a comma after "supervisor ".
Amend sec. 167, page 64, line 38, by deleting:
"police judge if a second" and inserting:
"municipal judge if a third".
Amend sec. 167, page 64, line 39, by inserting a comma after "established".
Amend sec. 174, page 69, by deleting line 9 and inserting:
"Sec. 174. Sections 97, 108, 114, 119, 145, 146, 154, 162 and 167 of this act become effective at".
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 69.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 550.
Amend the bill as a whole by adding a new section designated sec. 5, following sec. 4, to read as follows:
"Sec. 5. Section 5.020 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 723, Statutes of Nevada 1973, at page 1442, is hereby amended to read as follows:

Sec. 5.020 Primary municipal elections; declaration of candidacy.

1. The city council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents.

2. If for any general municipal election there are three or more candidates for the offices of mayor or municipal judge, or five or more candidates for the office of councilman, a primary election for any such office [shall] must be held on the Tuesday following the [1st] first Monday in May preceding [such] the general election.

3. [After] Except as otherwise provided in subsections 4 and 5, after the primary election, the names of the two candidates for mayor and municipal judge and the names of the four candidates for city councilman who receive the highest number of votes [shall] must be placed on the ballot for the general election . [unless]

4. If one of the candidates for mayor or municipal judge receives a majority of the total votes cast for that office in the primary election, [in which case such candidate shall be declared the winner.] he shall be declared elected to office and his name must not appear on the ballot for the general election.

5. If a candidate for city council receives votes equal to a majority of voters casting ballots in the primary election:

(a) He shall be declared elected to one of the open seats on the city council and his name must not appear on the ballot for the general election.

(b) Unless all the open seats were filled pursuant to paragraph (a), the names of those candidates who received the highest number of votes but did not receive a number of votes equal to a majority of the voters casting ballots in the primary election, not to exceed twice the number of candidates remaining to be elected, must be placed on the ballot for the general election.".

Assembly Bill No. 117.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 708.
Amend the bill as a whole by deleting section 1 and inserting:
"Section 1. (Deleted by amendment.)".
Amend the bill as a whole by adding a new section designated sec. 8.5, following sec. 8, to read as follows:
"Sec. 8.5. NRS 293.193 is hereby amended to read as follows:
293.1931. Fees as listed in this section for filing declarations of candidacy or acceptances of candidacy must be paid to the filing officer by cash, cashier's check or certified check.

United States Senator $500

Representative in Congress 300

Governor 300

Justice of the supreme court 300

Any state office, other than governor or justice of the supreme court 200

District judge 150

Justice of the peace 100

Any county office 100

State senator 100

Assemblyman 100

Any district office other than district judge 30

Constable or other town or township office 30

NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION

[2.] 4. The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.
Sec. 22.5. NRS 293B.205 is hereby amended to read as follows:
293B.205[1.] The officers charged with the duty of providing ballots for any polling place shall provide the polling place with two sample ballots, which must be arranged in the form of:
[(a)] 1. A booklet or full sheet of paper printed to display a facsimile of the page or several pages which constitute the list of offices and candidates and the statements of measures to be voted on which will be in use at that election; or
[(b)] 2. A diagram showing that part of the face of the mechanical recording device which will be used at that election containing the list of offices and candidates and the statements of measures to be voted on.
[2. All sample ballots must include:
(a) The fiscal note, as provided pursuant to NRS 218.276, for each proposed constitutional amendment or statewide measure.
(b) An explanation, as provided pursuant to NRS 218.443, of each proposed constitutional amendment or statewide measure, including arguments for and against it.
(c) The full text of each proposed constitutional amendment.]".
Amend the bill as a whole by renumbering sections 27 through 30 as sections 33 through 36 and adding new sections designated sections 27 through 32, following sec. 26, to read as follows:
"Sec. 27. NRS 539.123 is hereby amended to read as follows:
539.1231. Any person [21] 18 years of age or over, whether a resident of the district or not, who is or has declared his intention to become a citizen of the United States is an "elector" for the purposes of this chapter and is entitled to vote at any election held pursuant to this chapter if the following conditions as to ownership of land are met:
(a) The elector must be the bona fide holder of title or evidence of title, as defined in NRS 539.020 and 539.023, to land within the district or have a contractual right to acquire title to land within the district upon payment of a fixed sum to the record titleholder.
(b) The holder of an undivided interest in land is an elector and, if his interest is community property, his spouse is an elector whether or not the spouse appears of record as the owner of an interest in the acreage. If two or more persons hold undivided or community interests, one such person may vote upon presenting the written consent of his fellow holders.
(c) A surface water right must be appurtenant to the acreage.
2. An elector is entitled to vote according to the land which he owns outright, as follows:
(a) Ten acres or less, one vote;
(b) For each additional 10 acres or a part thereof, up to and including 200 acres, one additional vote; and
(c) For each additional 100 acres or a part thereof above 200 acres, one additional vote.
The district shall issue a separate ballot for each vote which an elector is entitled to cast.
3. If two or more persons hold undivided or community interests in land, each is entitled to cast a percentage of the respective votes otherwise allowed pursuant to subsection 2 that is equal to his percentage interest in that land, except that, if pursuant to this subsection those persons are entitled to a fractional interest in a vote, that vote may only be cast by one of those persons upon presenting the written consent of his fellow holders.
4. Any elector who resides outside the district, who owns land in the district, and who is qualified to vote at district elections shall be deemed a resident of that division and precinct of the district in which the major portion of his lands are located, for the purpose of determining his place of voting and qualifications for holding office.
5. Any elector who resides within the district boundaries shall be deemed a resident of the division in which he actually resides, for the purpose of determining his qualification for voting and holding office.
6. A guardian, executor, administrator or trustee shall be deemed the holder of title or evidence of title, as prescribed in NRS 539.020 and 539.023, to the land in the state for which he is the guardian, executor, administrator or trustee, and has the right to sign petitions, vote and do all things that any elector may do pursuant to this chapter. If there is more than one guardian, executor, administrator or trustee, they must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.
7. Corporations or partnerships holding land in the district shall be deemed persons entitled to exercise all the rights of natural persons, and the president of such a corporation, the general partner of such a partnership, or any other person authorized in writing by the president or vice president of the corporation or the general partner of the partnership, may sign any petition authorized by this chapter, and register and cast the vote of the corporation or partnership at any election. If a partnership has more than one general partner, the general partners must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.
8. Designations or written consents for the purposes of registration and voting as authorized pursuant to this section must be filed with the district not later than 14 days before the election.
Sec. 28. Section 1 of Assembly Bill No. 4 of this session is hereby amended to read as follows:

Section 1. NRS 293.565 is hereby amended to read as follows:

293.565 1. Except as otherwise provided in subsection 2, sample ballots must include:

(a) The fiscal note, as provided pursuant to NRS 218.276, for each proposed constitutional amendment or statewide measure;

(b) An explanation, as provided pursuant to NRS 218.443, of each proposed constitutional amendment or statewide measure, including arguments for and against it; and

(c) The full text of each proposed constitutional amendment.

2. Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:

(a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;

(b) The county or city clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and

(c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.

3. At least 10 days before any election, the county or city clerk shall cause to be mailed to each registered voter in the county or city a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:

(a) The county or city clerk shall mail a notice of the change to each registered voter in the county or city not sooner than 10 days before mailing the sample ballots; or

(b) The sample ballot must also include a notice in at least 10-point bold type immediately above the location which states:

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

4. The county or city clerk shall include in each sample ballot for a primary election or primary city election, a separate page on which is printed a list of the offices and candidates for those offices for which there is no opposition.

5. The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.

Section 1. NRS 293.260 is hereby amended to read as follows:

293.260 1. Where there is no contest for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot.

2. If more than one major political party has candidates for a particular office, the persons who receive the highest number of votes at the primary elections must be declared the nominees of those parties for the office.

3. If only one major political party has candidates for a particular office and a minor political party has nominated a candidate for the office or an independent candidate has filed for the office, the candidate who receives the highest number of votes in the primary election of the major political party must be declared the nominee of that party and his name must be placed on the general election ballot with the name of the nominee of the minor political party for the office and the name of the independent candidate who has filed for the office.

4. If only one major political party has candidates for a particular office [,] and no minor political party has nominated a candidate for the office or no independent candidate has filed for the office:

(a) If there are more candidates than twice the number to be elected to the office, the names of the candidates must appear on the ballot for a primary election. Except as otherwise provided in this paragraph, the candidates of that party who receive the highest number of votes [at] in the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office. If only one candidate is to be elected to the office and a candidate receives a majority of the votes in the primary election for that office, that candidate must be declared the nominee for that office and his name must be placed on the ballot for the general election.

(b) If there are no more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.

5. Where no more than the number of candidates to be elected have filed for nomination for any office, the names of those candidates must be omitted from all ballots for a primary election or primary city election and placed on all ballots for a general election or general city election.

6. If there are more candidates than twice the number to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election or primary city election. Those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.

Section 1. NRS 293.177 is hereby amended to read as follows:

293.177

1. Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not earlier than the first [Tuesday in March] Monday in May of the year in which the election is to be held nor later than 5 p.m. on the [first Tuesday in June.] third Monday in May.

2. A declaration of candidacy or an acceptance of a candidacy required to be filed by this section must be in substantially the following form:

(a) For partisan office:

Declaration of Candidacy of ........ for the

Office of ................

State of Nevada }

}ss.

County of }

For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I reside at , in the City or Town of ................, County of ................, State of Nevada; that my actual residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that I am registered as a member of the ................ Party; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years orterms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.

(Designation of name)

(Signature of candidate for office)

Subscribed and sworn to before

me this ..... day of ........, 19...

. .

Notary Public or other person

authorized to administer an oath

(b) For nonpartisan office:

Declaration of Candidacy of ........ for the

Office of ................

State of Nevada }

}ss.

County of }

For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I reside at , in the City or Town of ................, County of ................, State of Nevada; that my actual residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date 30 days or more before the date of the close of filing of declarations of candidacy for this office; that if nominated as a nonpartisan candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

(Designation of name)

(Signature of candidate for office)

Subscribed and sworn to before

me this ..... day of ........, 19...

. .

Notary Public or other person

authorized to administer an oath

3. A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidate's name. The nickname must be in quotation marks and appear immediately before the candidate's surname. A nickname must not indicate any political, economical, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.

4. An affidavit of candidacy must be in substantially the same form as the form set forth in paragraph (b) of subsection 2.

5. The address of a candidate which must be included in the declaration of candidacy or acceptance of a candidacy pursuant to subsection 2 must be the street address of the residence where he actually resides, if one has been assigned. The declaration or acceptance must not be accepted for filing if the candidate's address is listed as a post office box unless a street address has not been assigned to his residence.

Sec. 3. NRS 293.330 is hereby amended to read as follows:

293.330

1. When an absent voter receives his ballot, he must mark and fold it, if it is a paper ballot, or punch it, if the ballot is voted by punching a card, in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.

2. If the absent voter who has received a ballot by mail applies to vote the ballot in person at:

(a) The county or city clerk's office, he must mark or punch the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.

(b) A polling place, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it "Canceled."

3. Except as otherwise provided in NRS 293.316, it is unlawful for any person other than the voter who requested an absent ballot to return it. A person who violates the provisions of this subsection is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.

Sec. 5. NRS 293.505 is hereby amended to read as follows:

293.505

1. All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.

2. The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.

3. A field registrar shall demand of any person who applies for registration all information required by the application to register to vote and shall administer all oaths required by this chapter.

4. When a field registrar has in his possession five or more completed applications to register to vote he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.

5. Immediately after the close of registration, each field registrar shall forward to the county clerk all completed applications in his possession. Within 5 days after the close of registration for a general election or general city election, a field registrar shall return all unused applications in his possession to the county clerk. If all of the unused applications are not returned to the county clerk, the field registrar shall account for the unreturned applications.

6. Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to register to vote and the names of the electors on those applications. The serial numbers must be listed in numerical order.

7. Each field registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.

8. A field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 10 of NRS 293.5235 shall not:

(a) Delegate any of his duties to another person; or

(b) Refuse to register a person on account of that person's political party affiliation.

9. A person shall not hold himself out to be or attempt to exercise the duties of a field registrar unless he has been so appointed.

10. A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 10 of NRS 293.5235 shall not:

(a) Solicit a vote for or against a particular question or candidate;

(b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or

(c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,

while he is registering an elector.

11. When the county clerk receives applications to register to vote from a field registrar he shall issue a receipt to the field registrar. The receipt must include:

(a) The number of persons registered; and

(b) The political party of the persons registered.

12. A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 10 of NRS 293.5235 shall not:

(a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading application to register to vote;

(b) Alter or deface an application to register to vote that has been signed by an elector except to correct information contained in the application after receiving notice from the elector that a change in or addition to the information is required; or

(c) Register a person who fails to provide satisfactory proof of identification and the address at which he actually resides.

13. If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.

14. A person who violates any of the provisions of subsection 8, 9, 10 or 12 is guilty of a category [D] E felony and shall be punished as provided in NRS 193.130.".

"An Act relating to elections; making various changes relating to petitions, candidacy, election".

Amend the summary of the bill to read as follows:

"Summary--Makes various changes relating to elections. (BDR 24-601)".

Senate Bill No. 129.
The following Assembly amendment was read:
Amendment No. 700.
Amend section 1, page 1, line 7, by deleting "child " and inserting "pedestrian".
Senator O'Donnell moved that the Senate concur in the Assembly amendment to Senate Bill No. 129.
Remarks by Senator O'Donnell.
Amendment adopted.
Bill ordered enrolled.

Senate Bill No. 364.
The following Assembly amendment was read:
Amendment No. 684.
Amend section 1, page 1, line 7, after "in" by inserting:
"the assessment of ".
Senator McGinness moved that the Senate concur in the Assembly amendment to Senate Bill No. 364.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered enrolled.

Assembly Chamber, Carson City, June 23, 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. 12, 298, 330, 501.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 43.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Assembly Bill No. 298.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 330.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 501.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Senator Raggio moved that the Senate adjourn until Tuesday, June 24, 1997 at 10:30 a.m.
Motion carried.

Senate adjourned at 12:41 p.m.

Approved:

Lonnie L. Hammargren, M.D.

President of the Senate

Attest: Janice L. Thomas
Secretary of the Senate