Carson City (Thursday), June 26, 1997

Senate called to order at 11:19 a.m.
President Hammargren presiding.
Roll called.
All present except Senator Rawson, who was excused.
Prayer by the Chaplain, The Reverend Marvin Dennis.
Heavenly Father, I pray that You will help these senators in such a wonderful way that they will be too blessed to be stressed with all this last minute mess of rising every morning to committees and sessions and from one appointment to another. May the day soon come when they will return home to enjoy the summer with their families and friends.
In the name of my wonderful 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.

Randolph J. Townsend,

Chairman

Mr. President:
Your Committee on Government Affairs, to which was referred Senate Bill No. 347, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell,

Chairman

Mr. President:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 365, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Transportation.

Ann O'Connell,

Chairman

Mr. President:
Your Committee on Legislative Affairs and Operations, to which was referred Senate Bill No. 425, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Kathy Augustine,

Chairman

Assembly Chamber, Carson City, June 25, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 453, 624.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 248, 270, 342, 589, 608.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate amendments to Assembly Bills Nos. 69, 117.
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 Assembly Bill No. 66 and requests a second conference, and appointed Assemblymen Bache, Lambert and Neighbors as a second Committee on Conference to meet with a like committee of the Senate for further consideration of Assembly Bill No. 66.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Senator Titus:
Thank you, Mr. President. I also rise in support of this resolution. It was a pleasure and honor for me to serve with Chief Justice Mowbray on the Bi-centennial Commission for the Constitution which he chaired here in the State of Nevada. I came to know him through our meetings on that commission. He had a great love for the Constitution and a great deal of knowledge about the founding fathers. I enjoyed his company and I respected his intellect.

Senator Neal:
Thank you, Mr. President. I rise in support of the resolution. I first met Judge Mowbray back in the 60's. Then, he impressed me as an individual who was very fair and believed in people. I can recall when the first black lawyer applied to the bar of this state and was turned down. His name was Charles Keller. He took his case before Justice Mowbray and Justice Mowbray ruled that he should be admitted to the bar in spite of the turn down he had received from the Bar Association. Many years later, as Justice Mowbray moved to the Supreme Court, I had conversations with him. He would often ask me what happened to Charles Keller. I told him that Charles Keller had moved to California, but that he came back every now and then to handle cases in our state.
I share the comments that have been made by the previous speaker of Justice Mowbray's love for the constitution. He demonstrated, while he was on the bench here in Carson City, that individuals who had cases before him did not have to fear that Judge Mowbray would decide their case based upon some special interest or of someone contacting him about their case. It would be decided according to law. I heard him question an attorney quite vigorously, some years ago in the Supreme Court, over an action that involved a labor dispute. I can still recall his words today. He mentioned that people are not supposed to be treated like a sack of oats and be used up and thrown away. This was his attitude towards people.
There are some people in public office who you wish would never be there. In my opinion, Judge Mowbray was one of those individuals who you felt needed to be in public office and that you always wished that he could remain there. As life's processes would have it, he could not. Therefore, we now speak of his contribution to this particular state which I think was great in terms of the services he rendered while serving in his judicial capacity, both in district court and also on the supreme court.
There were several times, when I caught a plane in the early days, when he was commuting from Las Vegas. He once caught a ride with me from Reno to Carson City. As you probably know, I have a tendency to drive a little fast. Justice Mowbray said to me: "Joe, what kind of car is this." I answered that it was a cadillac. He said "it runs pretty fast, doesn't it." I answered that it did. That was his way of telling me that I was speeding. As he was concluding his comment, a car speeded by us. He asked me "Joe, who is that with that tag?" I told him that it was Senator Jim Gibson. He said that the Senator drives pretty fast and I agreed that he did.
Justice Mowbray had this love for the law and love for people, but yet he was not a fanatic about it. I remember one night, I was in the Corner Bar at the Ormsby House. He happened to come in and I decided to see if I could offer to buy him a drink. I said "Justice, let me buy you a drink." He said "of course, Joe." He sat down and I bought him a drink. He drank it and then went on about his business.
The memories we have of this particular gentleman are very loving ones and very caring ones because he was a very loving and caring individual. On many occasions, I used to pass him and his wife when they were driving to Carson City. Sometimes, I would slow down and keep them in my sight in case something should happen. That was at the time when his eyesight was failing and his wife did most of the driving. Each time I would be near and his lovely wife, Kathyln, recognized me, he would always ask me to come over and speak with him. He would ask me how I was doing, and how things were going. I felt a lot of respect for this gentleman. I went to his funeral. The type of relationship he had with the state and the service he rendered, on the bench from the district level to the supreme court, will sorely be missed.
Senator Coffin:
Thank you, Mr. President. I rise in support of this resolution. When my family moved to Las Vegas in October of 1951, we came to live in the suburb of Huntridge which was not far from the Mowbrays. They were parishoners of the same church, Saint Anne's which was the second oldest church in town. We came to know the Mowbray's quite well. I think, first of all, as a youngster you could not miss the future judge, the honorable John Mowbray, because of his voice. He had a wonderful, booming voice which carried over all in church. Also, later on in life, it became his trademark and made him the most electable public official in southern Nevada because it didn't take much to get John Mowbray to sing a song. Whenever he began to sing, it lifted everyones' hearts. He could bring out in people the very best that was in them.
He bore crosses. I think we all do. We all fight these things within ourselves. Yet, his love of country, state and family made him overcome many of those burdens. When I was ten years old, I became an altar boy in our church. A wonderful thing happened, not too many years ago, when John Mowbray, Jr. gave me a photograph of the day that the ground was broken on the site, in 1953, of Saint Anne's and Bishop Gorman High School. There standing next to me, the altarboy, along with Bishop Dwyer and Father Ryan, were members of the Hammes family. This leads me to remind all of you that it took two to run the Mowbray family. The Hammes clan donated all that land along Maryland Parkway to the church, but really to the community because those schools serve much more than members of the Catholic faith. I am an alumnus of that high school as are many, many others who are in public office and public life. They are generally scattered all over Nevada and the United States. When we honor Justice John Mowbray we honor the Mowbray-Hammes Clan and the offspring from that wonderful union. They are here with us today and will be introduced shortly. I am older than all of them, know all of them and rode my bicycle around their neighborhood before they were old enough to ride theirs. My mother and father were great friends of the Mowbrays. Both of them predeceased Judge Mowbray, but my mother had fond memories of "Kat" and the Judge. She would always relate to me how important it was to be a loyal follower of Judge Mowbray and to respect what he had to say. He and my father were in the Knights of Columbus together which meant great fellowship and camaraderie. That was the only society my father belonged to, so he was very close to the late John Mowbray. We shared a faith and then shared a bond in public service. During my first re-election campaign, in 1984, to the Assembly, I was walking down 15^th Street where the Mowbray family still lives. I finished knocking on one door across the street. This is a neighborhood you needed to pay a lot of respect to because I had just finished visiting at Brian Greenspun's house. I was heading toward Justice Mowbray's house, but did not get ten feet from Brian Greenspun's front door before Justice Mowbray was out of his door, across his lawn and halfway across the street to meet me to tell me about something that was on his mind. What was on his mind that day was that he said "whatever you do up there, as a legislator, remember to take care of our wives. Never forget our families." He was speaking about what was, at that time, a miserly pension paid to our supreme court justices' survivors. Now, we have a revised pension system which has been improved over the years. I know that "Kat" Mowbray is not in need, but it is a thing provided for her. He knew that she would not be in need, but was worried about the spouses of other justices. His first, last and only request of me, as an elected official, was for the welfare of other people and not himself.
I join with you , Senator Raggio, in honoring this wonderful family. I appreciate the comments of Senator Neal who knew him in a different context. I wanted to add my own personal feelings to this gathering, as well.

Senator Adler:
Thank you, Mr. President. I also knew John Mowbray as a Supreme Court Justice. Of course, I know his children since I have practiced with them off and on. He was what I would consider an extremely gentle man in many respects. I remember one time, during my first argument before the supreme court, I was pacing up and down the hall and obviously very, very nervous. The justices were not usually around the halls, but John was that day. He could see I was having a problem. He came up to me and said "Don't worry, it is all going to be okay. We are not going to do anything to you." He was right and I was fine. He was always a very polite man in those situations, very knowledgeable and kindly. He would always say "hello" when I would see him around Carson City. I am going to miss him personally. I think he really is the type of person we need on our courts. He was dignified, thoughtful and always looking out for the little guy.

Senator Jacobsen:
Thank you, Mr. President. Certainly, a great deal has been said about Justice Mowbray and much more could be said. When I first started in my political career, in the Assembly, John was already on the bench. As a youngster, I always thought you needed permission to speak with an elected official, governor or someone who sat on the bench. To my surprise, I found out that John Mowbray was just an ordinary person. He invited your response in any matter. I had some interest in the Home of the Good Shepherd. I was interested in youth activities, especially those who had some special need. I think he tied himself to me or me to him and we proceeded along that route.
Over the years, I felt he looked like a judge, he acted like a judge and he was a judge, especially a justice. I will always remember that my wife and I had the privilege of sitting on the reviewing stand on Admission Day. On a couple of occasions when the weather was somewhat inclement, it ended up that there was only four of us there. We were soaking wet on occasion. I think all military people have a great love for their flag and their country. It impressed me that Justice Mowbray, with his failing eyesight, that I could not help but notice that when the American Flag came by he seemed to sense it and stood up. On occasion, it made tears come to my eyes because he seemed to have a sense about him that the flag was special and this country was special to him. I'll always remember him with dignity, honor and respect.

Senator O'Donnell:
Thank you, Mr. President. I did not want to let this resolution be voted upon without saying a few words as well. Back in 1864, a great uncle of John Mowbray went to Notre Dame University. This was the same year that our state entered into the union. In 1949, Kats and John moved to Las Vegas and in 1950 they invited her parents out, the Hammes family. When they came out here, they looked around and said that there was no parochial school in the area. They took the land located along Maryland Parkway and donated it to Bishop Gorman. The Bishop said that he could not accept the land because there is no one to run the school. He said there was no one who could teach in a parochial school. John, Kats and the Hammes family went back to Illinois and convinced, believe it or not, in 1950 the Viatorians to come out to Las Vegas, Nevada. In 1950, Las Vegas looked like a mission. It was a desolate area having a couple of casinos which were owned by mobsters. This was not the place to which you would want to bring a group of Viatorians. They were able to convince the Viatorians to come out and estalish a school which was known as Bishop Gorman High School. The school opened up in 1954. John continued to be a support of that school over the years. John Mowbray, Sr. did not understand, at that point in his life, what he was going to do in terms of effects on other people who lived in this community for years to come. I was one of those people. He did not know me and I did not know John. John affected my life so personally that I am what I am today because of John Mowbray and the Hammes family.
I went to Valley High School and I was a little troublemaker. I was doing so hot. My parents pulled me out of Valley High School and enrolled me in Bishop Gorman High School. Those Viatorians there whipped me right into shape. My future wife sat in front of me in that little school that John and the Hammes family decided to bring to this community. She played the clarinet. I did not know, at the time, that she would become my wife. John probably didn't know either.
Later on in my life I had a boy - my first born son. John Mowbray, Jr., who I went to school with, invited my family to go to a USC game against Notre Dame in Los Angeles at the Rose Bowl. We saw that game. Sunday morning my son went to mass with all the football players and we had a great time. My son decided then, as an eighth grader, that he wanted to go to Notre Dame. He set his sights on Notre Dame, the very school that John Mowbray, Sr., the Supreme Court Justice graduated from. We went to Notre Dame last summer to look at the campus. At that point, we decided to go to the bookstore where you buy all the jerseys, jackets and all the paraphernalia you wore during games. I called John, Jr. at his house and told him I was at the bookstore and did he need anything. He said do you mean the bookstore located on the campus. I replied that it was. He said to turn around. I am on the pay phone in the vestibule of the bookstore. He said "do you see the picture on the wall behind you?" I said that I did. He said "that is my grandparents." The Hammes family donated the bookstore to the university. I guess the point is that I was completely shocked. I had no idea that this man, by the name of John Mowbray, would have married into Kats Hammes family. Between the two of them, they brought so much support for education and so much for the church to our community. I want to tell you that I am who I am today because of John Mowbray. I married my wife. I think you can see that the future of this state is going to be better. I think you can see that there are individuals sitting here who are direct descendants of John Mowbray and that light and love has transcended to these boys. They too will become the Mowbrays of the future for our community.
I never got to thank John for what he did for me and my family. I am going to miss him.

Dear senator raggio:

I deeply regret that I will not be able to attend the Senate session honoring Justice John Mowbray. If it were not that I am to deliver the State of the Judiciary address at the Nevada State Bar meeting at that time, I would have been there.
Unfortunately, most of the justices are attending the meeting, but we wish to express our appreciation that the legislature is honoring Justice Mowbray. He contributed so much to Nevada and deserves to be remembered for his many fine accomplishments.
Please express our best wishes to his family and friends and our regrets that we can't be there.

Sincerely,

Miriam Shearing

Chief Justice

Supreme Court of Nevada

Resolution adopted.
Senator Raggio moved that Senate Concurrent Resolution No. 58 be immediately transmitted to the Assembly.
Motion carried.

Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.

Senate in recess at 12:02 p.m.

At 12:10 p.m.
President Hammargren presiding.
Quorum present.

Senator O'Connell moved that Assembly Bill No. 365 be re-referred to the Committee on Transportation.
Remarks by Senator O'Connell.
Motion carried.

Senator O'Connell moved that Senate Bill No. 447 be taken from the Secretary's desk and placed on General File.
Remarks by Senator O'Connell.
Motion carried.

Senator Townsend moved that Assembly Bill No. 348 be taken from the Secretary's desk and placed on General File for the next legislative day.
Remarks by Senator Townsend.
Motion carried.

Assembly Bill No. 248.
Senator O'Donnell moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 270.
Senator O'Donnell moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 342.
Senator O'Donnell moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 453.
Senator O'Donnell moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 589.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Bill No. 608.
Senator O'Donnell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 624.
Senator O'Donnell moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 61.
Bill read third time.
Roll call on Assembly Bill No. 61:
Yeas -- 20.
Nays -- None.
Excused -- Rawson.
Assembly Bill No. 61 having received a constitutional majority, Mr. President declared it passed..
Bill ordered transmitted to the Assembly.

Assembly Bill No. 115.
Bill read third time.
Roll call on Assembly Bill No. 115:
Yeas -- 20.
Nays -- None.
Excused -- Rawson.
Assembly Bill No. 115 having received a constitutional majority, Mr. President declared it passed..
Bill ordered transmitted to the Assembly.

Assembly Bill No. 400.
Bill read third time.
Roll call on Assembly Bill No. 400:
Yeas -- 17.
Nays -- O'Connell, Rhoads - 2.
Not voting -- James.
Excused -- Rawson.
Assembly Bill No. 400 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 434.
Bill read third time.
Roll call on Assembly Bill No. 434:
Yeas -- 20.
Nays -- None.
Excused -- Rawson.
Assembly Bill No. 434 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 520.
Bill read third time.
Roll call on Assembly Bill No. 520:
Yeas -- 20.
Nays -- None.
Excused -- Rawson.
Assembly Bill No. 520 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 522.
Bill read third time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 881.
Amend sec. 2, page 2, line 16, by deleting:
"in advance of " and inserting "before".
Amend sec. 2, page 2, line 18, after the period by inserting:
"In addition to the notice provided to a tenant pursuant to this paragraph, if the landlord or his agent or employee knows or reasonably should know that the tenant receives assistance from the fund created pursuant to NRS 188B.215, the landlord or his agent or employee shall provide to the administrator written notice of the increase 90 days before the first payment to be increased.".
Amend sec. 5, page 5, by deleting line 6 and inserting:
"(b) Be the registered owner of the mobile home which is subject to the tenancy, as indicated on the certificate of ownership that is issued by the division pursuant to NRS 489.541;".
Amend sec. 5, page 5, line 34, by deleting "section, "monthly" and inserting:
"section:
(a) "Mobile home" includes a travel trailer that is located on a mobile home lot within a mobile home park.
(b) "Monthly".
Amend sec. 5, page 5, between lines 36 and 37 by inserting:
"(c) "Travel trailer" has the meaning ascribed to it in NRS 489.150.".
Senator Townsend moved the adoption of the amendment.
Remarks by Senator Townsend.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 573.
Bill read third time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 873.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
"Sec. 2. Section 2 of Assembly Bill No. 47 of this session is hereby amended to read as follows:

Sec. 2. NRS 502.250 is hereby amended to read as follows:

502.250 1. Except as otherwise provided in [subsection 5,] this section, the following fees must be charged for tags:

Resident deer tag for regular season $15

Nonresident and alien deer tag for regular season 60

Resident antelope tag 50

Resident elk tag 100

Resident bighorn tag 100

Resident mountain goat tag 100

Resident mountain lion tag [50] 25

2. Other resident big game tags for special seasons must not exceed $50. Other nonresident big game tags for special seasons must not exceed $1,000.

3. Tags determined to be necessary by the commission for other species pursuant to NRS 502.130 must not exceed $100.

4. A fee not to exceed $10 may be charged for processing an application for a tag other than an elk tag. A fee of not less than $5 but not more than $15 must be charged for processing an application for an elk tag, $5 of which must be deposited with the state treasurer for credit to the wildlife account in the state general fund and used for the prevention and mitigation of damage caused by elk or game mammals not native to this state.

5. The commission may accept sealed bids for or auction not more than 15 big game tags and not more than 5 wild turkey tags each year. To reimburse the division for the cost of managing [the] wildlife and administering and conducting the bid or auction, not more than 18 percent of the total amount of money received from the bid or auction may be deposited with the state treasurer for credit to the wildlife account in the state general fund. Any amount of money received from the bid or auction that is not so deposited must be deposited with the state treasurer for credit to the wildlife heritage trust account in the state general fund in accordance with the provisions of NRS 501.3575.

6. The commission may by regulation establish an additional drawing for big game tags, which may be entitled the partnership in wildlife drawing. [The] To reimburse the division for the cost of managing wildlife and administering and conducting the drawing, not more than 18 percent of the total amount of money received from the drawing may be deposited with the state treasurer for credit to the wildlife account in the state general fund. Except as otherwise provided by regulations adopted by the commission pursuant to subsection 7, the money received by the division from applicants in the drawing who are not awarded big game tags must be deposited with the state treasurer for credit to the wildlife heritage trust account in accordance with the provisions of NRS 501.3575.

7. The commission may adopt regulations which authorize the return of all or a portion of any fee collected from a person pursuant to the provisions of this section.".

William J. Raggio,

Chairman

Mr. President:
Your Committee on Government Affairs, to which was referred Senate Bill No. 396, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Ann O'Connell,

Chairman

Mr. President:
Your Committee on Judiciary, to which was referred Assembly Bill No. 294, 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 Natural Resources, to which was referred Assembly Bill No. 355, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Dean A. Rhoads,

Chairman

"An Act relating to mobile home parks; expanding the circumstances under which a landlord may provide a discount against the rent owed by a tenant; and providing other matters properly relating thereto.".

"Summary--Expands circumstances under which landlord of mobile home park may give discount in rent. (BDR 10-443)".

Senate Bill No. 150.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 831.
Amend section 1, page 1, by deleting lines 17 through 21 and inserting:
"5. An owner of a complex containing not more than four condominiums, townhouses, apartments or cooperative units, the managing officer of the owner or an employee of the managing officer, who performs work to repair or maintain that property the value of which is less than $500, including labor and materials, unless:
(a) A building permit is required to perform the work;
(b) The work is of a type performed by a plumbing, electrical, refrigeration or air-conditioning contractor;
(c) The work is of a type performed by a contractor licensed in a classification prescribed by the board that significantly affects the health, safety and welfare of members of the general public;
(d) The work is performed as a part of a larger project:
(1) The value of which is $500 or more; or
(2) For which contracts of less than $500 have been awarded to evade the provisions of this chapter; or
(e) The work is performed by a person who is licensed pursuant to this chapter or by an employee of such a person.".
Amend the title of the bill to read as follows:

"An Act relating to contractors; expanding the circumstances under which a person is exempt from the requirement to obtain a contractor's license; and providing other matters properly relating thereto.".

"Summary--Expands circumstances under which person is exempt from requirement to obtain contractor's license. (BDR 54-391)".

Senate Bill No. 347.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 888.
Amend section 1, page 2, line 20, after "nature." by inserting:
"If a request is made pursuant to this subsection, the attorney general, secretary of state, state treasurer and state controller shall, by majority vote, determine whether the request has merit.".
Amend the bill as a whole by deleting sections 2 and 3 and renumbering sections 4 and 5 as sections 2 and 3.
Amend the bill as a whole by deleting sections 6 through 27.
Amend the title of the bill by deleting the third line and inserting "governor;".
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 425.
Bill read second time.
The following amendment was proposed by the Committee on Legislative Affairs and Operations:
Amendment No. 834.
Amend sec. 2, page 1, line 4, by deleting "if it" and inserting:
"if, pursuant to subsection 2 of section 18 of article 4 of the constitution of the State of Nevada and section 3 of this act, the legislative measure".
Amend the bill as a whole by deleting sec. 3 and adding a new section designated sec. 3, following sec. 2, to read as follows:
"Sec. 3. 1. The legislature finds and declares that the provisions of subsection 2 of section 18 of article 4 of the constitution of the State of Nevada are applicable to a legislative measure which:
(a) Creates, generates or increases any public revenue in any form, including, but not limited to, taxes, fees, assessments and rates, or changes in the computation bases for taxes, fees, assessments and rates.
(b) Provides the authorization for any department, commission, board or other agency of the State of Nevada or of any political subdivision of this state to take any action that will create, generate or increase any public revenue in any form.
2. The legislature finds and declares that the provisions of subsection 2 of section 18 of article 4 of the constitution of the State of Nevada are not applicable to a legislative measure which provides authorization for any department, commission, board or other agency of the State of Nevada or of any political subdivision of this state to accept gifts, grants, donations or bequests.".
Amend the title of the bill by deleting the third and fourth lines and inserting:
"and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:

"Summary--Requires notice on legislative measure if two-thirds majority vote is required for passage. (BDR 17-99)".

Assembly Bill No. 440.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 768.
Amend the bill as whole by renumbering sec. 2 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
"Sec. 2. NRS 632.285 is hereby amended to read as follows:
632.285 1. Any person, except a nursing assistant trainee, who for compensation practices or offers to practice as a nursing assistant in this state [is required to] shall submit evidence that he is qualified so to practice and must be certified as provided in this chapter.
2. It is unlawful for any person:
(a) To practice or to offer to practice as a nursing assistant in this state or to use any title, abbreviation, sign, card or device to indicate that he is practicing as a nursing assistant in this state unless he has been certified pursuant to the provisions of this chapter.
(b) Except as otherwise provided in NRS 629.091, who does not hold a certificate authorizing him to practice as a nursing assistant issued pursuant to the provisions of this chapter to perform or offer to perform basic nursing services in this state, unless the person is a nursing assistant trainee.
(c) To be employed as a nursing assistant trainee for more than 4 months.
3. The executive director of the board may, on behalf of the board, issue an order to cease and desist to any person who practices or offers to practice as a nursing assistant without a certificate issued pursuant to the provisions of this chapter.
4. The executive director of the board shall forward to the appropriate law enforcement agency any information submitted to the board concerning a person who practices or offers to practice as a nursing assistant without a certificate issued pursuant to the provisions of this chapter.
Sec. 3. NRS 632.315 is hereby amended to read as follows:
632.315 1. For the purposes of safeguarding life and health and maintaining high professional standards among nurses in this state, any person who for compensation practices or offers to practice nursing in this state [must] shall submit evidence that he is qualified to practice and must be licensed as provided in this chapter.
2. Any person who:
(a) Practices or offers to practice nursing in this state or uses any title, abbreviation, sign, card or device to indicate that he is practicing nursing in this state unless that person has been licensed pursuant to the provisions of this chapter; or
(b) Does not hold a valid and subsisting license to practice nursing issued pursuant to the provisions of this chapter who practices or offers to practice in this state as a registered nurse, licensed practical nurse, graduate nurse, trained nurse, certified nurse or under any other title or designation suggesting that he possesses qualifications and skill in the field of nursing,
is guilty of a misdemeanor.
3. The executive director of the board may, on behalf of the board, issue an order to cease and desist to any person who [is practicing] practices or offers to practice nursing without a license issued pursuant to the provisions of this chapter.
4. The executive director of the board shall forward to the appropriate law enforcement agency any information submitted to the board concerning a person who [is practicing] practices or offers to practice nursing without a license issued pursuant to the provisions of this chapter.".
Amend the bill as a whole by adding new sections designated sections 5 and 6, following sec. 2, to read as follows:
"Sec. 5. NRS 632.490 is hereby amended to read as follows:
632.490 1. The board shall cause the prosecution of all persons violating the provisions of this chapter.
2. The board, or any person designated by the board, may prefer a complaint for a violation of NRS 632.285 or 632.315 before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.
Sec. 6. NRS 632.495 is hereby amended to read as follows:
632.495 1. In addition to any other penalty:
(a) The board may issue a citation to a person who violates the provisions of NRS 632.285 or 632.315. A citation issued pursuant to this paragraph must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 2. A separate citation must be issued for each violation. If appropriate, the citation must contain an order of abatement of the violation.
(b) The board shall assess an administrative fine of:
(1) For the first violation, $500.
(2) For the second violation, $1,000.
(3) For the third or subsequent violation, $1,500.
2. To appeal the finding of a violation of NRS 632.285 or 632.315, the person must request a hearing by written notice of appeal to the board within 30 days after the date of issuance of the citation.".
Amend the title of the bill to read as follows:

"An Act relating to nursing; excluding certain persons from the definition of a "nursing assistant"; revising provisions governing nurses and nursing assistants; revising provisions governing the certification of nursing assistants; providing an administrative fine for the violation of certain provisions concerning nursing assistants; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"Summary--Revises provisions governing nurses and nursing assistants. (BDR 54-1572)".

Senate Bill No. 403.
Bill read third time.
Remarks by Senators McGinness and James.
Roll call on Senate Bill No. 403:
Yeas -- 20.
Nays -- None.
Excused -- Rawson.
Senate Bill No. 403 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 424.
Bill read third time.
Roll call on Senate Bill No. 424:
Yeas -- 19.
Nays -- Neal.
Excused -- Rawson.
Senate Bill No. 424 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 447.
Bill read third time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 814.
Amend sec. 170, page 67, line 43, by deleting "an" and inserting "a regular".
Amend sec. 170, page 68, line 1, by deleting "January 1" and inserting:
"the first Monday in May".
Amend sec. 170, page 68, line 2, by deleting "second Tuesday" and inserting "third Monday".
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 452.
Bill read third time.
Roll call on Senate Bill No. 452:
Yeas -- 20.
Nays -- None.
Excused -- Rawson.
Senate Bill No. 452 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 457.
Bill read third time.
Remarks by Senators O'Donnell and Adler.
Roll call on Senate Bill No. 457:
Yeas -- 20.
Nays -- None.
Excused -- Rawson.
Senate Bill No. 457 having received a two-thirds majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 459.
Bill read third time.
Roll call on Senate Bill No. 459:
Yeas -- 20.
Nays -- None.
Excused -- Rawson.
Senate Bill No. 459 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Amendment No. 705.
Amend section 1, page 3, line 18, by deleting:
"a special fund," and inserting "an account,".
Amend section 1, page 3, line 20, by deleting "special fund " and inserting "account ".
Senator Adler moved that the Senate concur in the Assembly amendments to Senate Bill No. 29.
Remarks by Senator Adler.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 75.
The following Assembly amendment was read:
Amendment No. 706.
Amend section 1, page 1, line 7, after "healing," by inserting "that are".
Amend section 1, page 1, by deleting line 9 and inserting:
"(b) Loss of earnings or support not to exceed $300 per week that is".
Amend section 1, page 1, line 10, by deleting "victim;" and inserting:
"victim for not longer than 52 weeks;".
Amend section 1, page 1, line 12, by deleting "[which] that" and inserting "that".
Amend section 1, page 1, line 14, by deleting:
"[Any other] Another" and inserting "Another".
Amend section 1, page 1, line 18, by deleting "[any] a" and inserting "a".
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 75.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 247.
The following Assembly amendment was read:
Amendment No. 635.
Amend section 1, page 1, by deleting line 15 and inserting:
"(a) The rental agreement contains a statement advising the occupant to purchase insurance for his personal property stored in the facility and informing him that such insurance is available through most insurers;
(b) The provision and the statement are:".
Amend section 1, page 2, line 3, by deleting "(b)" and inserting "(c)".
Amend the title of the bill, third line, after "manner;" by inserting:
"requiring such rental agreements must contain a statement advising the occupant to purchase insurance for his personal property;".
Amend the summary of the bill to read as follows:

"Summary--Makes various changes concerning provisions in rental agreements for facilities for storage. (BDR 9-1171)".

Senate Bill No. 294.
The following Assembly amendment was read:
Amendment No. 696.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 16 and 17 and adding new sections designated sections 1 through 15, following the enacting clause, to read as follows:
"Section 1. Chapter 164 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. Sections 2 to 15, inclusive, of this act may be cited as the Uniform Management-of-Institutional-Funds Act.
Sec. 3. As used in sections 2 to 15, inclusive, of this act, the words and terms defined in sections 4 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. "Donative instrument" means a will, deed, grant, conveyance, agreement, memorandum, writing or other governing document, including the terms of any institutional solicitations from which an institutional fund resulted, under which property is transferred to or held by an institution as an institutional fund.
Sec. 5. "Endowment fund" means an institutional fund, or any part of the fund, not wholly expendable by the institution currently under the terms of the applicable donative instrument.
Sec. 6. "Governing board" means the body responsible for the management of an institution or institutional fund.
Sec. 7. "Historical monetary value" means the aggregate fair value in money of an endowment fund at the time it became an endowment fund, each subsequent donation to the fund at the time it is made, or each accumulation made pursuant to a direction in the applicable donative instrument at the time the accumulation is added to the fund.
Sec. 8. "Institution" means an organization, whether or not incorporated, organized and operated exclusively for educational, religious, charitable or other eleemosynary purposes, or a governmental organization to the extent that it holds funds exclusively for any of these purposes.
Sec. 9. "Institutional fund" means a fund held by an institution for its exclusive use, benefit or purposes, but does not include a fund held for an institution by a trustee that is not an institution or a fund in which a beneficiary that is not an institution has an interest other than possible rights that could arise upon violation or failure of the purposes of the fund.
Sec. 10. 1. A governing board may appropriate for expenditure for the uses and purposes for which an endowment fund is established so much of the net appreciation, realized and unrealized, in the fair value of the assets of the fund over the historical monetary value of the fund as is prudent under the standard established by section 14 of this act. This section does not limit the authority of the governing board to expend funds as permitted under other law, the terms of the applicable donative instrument or the charter of the institution.
2. A determination of historical monetary value made in good faith by the institution is conclusive.
Sec. 11. 1. Section 10 of this act does not apply if the applicable donative instrument indicates the donor's intention that net appreciation may not be expended. A restriction upon the expenditure of net appreciation may not be implied from a designation of a gift as an endowment, or from a direction or authorization in the applicable donative instrument to use only "income," "interest," "dividends," or "rents, issues or profits," or "to preserve the principal intact," or a direction that contains other words of similar import.
2. This rule of construction applies to donative instruments executed or in effect before, on or after October 1, 1997.
Sec. 12. In addition to an investment otherwise authorized by law or by the applicable donative instrument, and without restriction to investments a fiduciary may make, a governing board, subject to any specific limitations set forth in the applicable donative instrument or in the applicable law other than law relating to investments by a fiduciary, may:
1. Invest and reinvest an institutional fund in any real or personal property deemed advisable by the governing board, whether or not it produces a current return, including mortgages, stocks, bonds, debentures and other securities of profit or nonprofit corporations, shares in or obligations of associations, partnerships or natural persons, and obligations of any government or governmental subdivision or instrumentality;
2. Retain property contributed by a donor to an institutional fund for as long as the governing board deems advisable;
3. Include all or any part of an institutional fund in any pooled or common fund maintained by the institution; and
4. Invest all or part of an institutional fund in any other pooled or common fund available for investment, including shares or interests in regulated investment companies, mutual funds, common trust funds, investment partnerships, real estate investment trusts or similar organizations in which funds are commingled and investments are determined by persons other than the governing board.
Sec. 13. Except as otherwise provided by the applicable donative instrument or by applicable law relating to governmental institutions or funds, a governing board may:
1. Delegate to its committees, officers or employees of the institution or the fund, or agents, including investment counsel, the authority to act in place of the board in investment and reinvestment of institutional funds;
2. Contract with independent investment advisers, investment counsel or managers, banks, or trust companies, so to act; and
3. Authorize the payment of compensation for advisory or managerial services.
Sec. 14. 1. In the administration of the powers to appropriate appreciation, to make and retain investments, and to delegate management of the investment of institutional funds or of property held as an investment, members of a governing board shall exercise ordinary care and prudence, appropriate to the character of the institution, under the facts and circumstances prevailing at the time of the action or decision. In so doing, they shall consider present and future needs of the institution in carrying out its educational, religious, charitable or other eleemosynary purposes, present and anticipated financial requirements, expected total return on its investments, price level trends and general economic conditions.
2. Each investment must be considered in its relation to other investments made or contemplated.
Sec. 15. 1. With the written consent of the donor, a governing board may release, in whole or in part, a restriction imposed by the applicable donative instrument on the use or investment of an institutional fund.
2. If the written consent of a donor cannot be obtained by reason of his death, disability, unavailability or impossibility of identification, the governing board may apply in the name of the institution to the district court for release of a restriction imposed by the applicable donative instrument on the use or investment of an institutional fund. The attorney general must be notified of the application and given an opportunity to be heard. If the court finds that the restriction is obsolete, inappropriate or impracticable, it may by order release the restriction in whole or in part. A release under this subsection may not change an endowment fund to a fund that is not an endowment fund.
3. A release under this section may not allow a fund to be used for purposes other than the educational, religious, charitable or other eleemosynary purposes of the institution affected.
4. This section does not limit the application of the doctrine of applying a charitable gift as nearly as possible in conformity with the intention of the donor.".
Amend the title of the bill, first line, by deleting "education;" and inserting:
"financial administration; providing standards for the investment and management of money for eleemosynary purposes;".
Amend the summary of the bill to read as follows:

"Summary--Adopts Uniform Management-of-Institutional-Funds Act and authorizes disclosure of financial records of postsecondary educational institution under certain circumstances. (BDR 13-401)".

Senate Bill No. 296.
The following Assembly amendment was read:
Amendment No. 730.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 and 3 as sections 1 and 2.
Amend sec. 2, page 2, by deleting lines 31 through 34 and inserting:
"3. A shooting range does not constitute a nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:
(a) As those provisions existed on October 1, 1997, for a shooting range in operation on or before October 1, 1997; or
(b) As those provisions exist on the date that the shooting range begins operation, for a shooting range that begins operation after October 1, 1997.
A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.".
Amend sec. 3, page 3, by deleting lines 28 through 31 and inserting:
"5. A shooting range is not a public nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:
(a) As those provisions existed on October 1, 1997, for a shooting range that begins operation on or before October 1, 1997; or
(b) As those provisions exist on the date that the shooting range begins operation, for a shooting range in operation after October 1, 1997.
A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.".
Amend the bill as a whole by adding new sections designated sections 3 through 5, following sec. 3, to read as follows:
"Sec. 3. NRS 244.363 is hereby amended to read as follows:
244.363[The] Except as otherwise provided in subsection 3 of NRS 40.140 and subsection 5 of NRS 202.450, the boards of county commissioners in their respective counties may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the county.
Sec. 4. NRS 266.335 is hereby amended to read as follows:
266.335The city council may:
1. [Determine] Except as otherwise provided in subsection 3 of NRS 40.140 and subsection 5 of NRS 202.450, determine by ordinance what shall be deemed nuisances.
2. Provide for the abatement, prevention and removal of such nuisances at the expense of the person creating, causing or committing such nuisances.
3. Provide that such expense of removal [shall be] is a lien upon the property upon which the nuisance is located. Such lien [shall:] must:
(a) Be perfected by filing with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.
(b) Be coequal with the latest lien thereon to secure the payment of general taxes.
(c) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
4. Provide any other penalty or punishment of persons responsible for such nuisances.
Sec. 5. NRS 268.412 is hereby amended to read as follows:
268.412[The] Except as otherwise provided in subsection 3 of NRS 40.140 and subsection 5 of NRS 202.450, the city council or other governing body of a city may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the city.".
Amend the title of the bill by deleting the second and third lines and inserting:
"nuisance in certain circumstances; and providing".
Senator James moved that the Senate concur in the Assembly amendment to Senate Bill No. 296.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 122.
The following Assembly amendment was read:
Amendment No. 393.
Amend sec. 9, page 2, line 11, by deleting "A" and inserting:
"Except as otherwise provided in subsection 3, a".
Amend sec. 9, page 2, by deleting line 15 and inserting:
"(c) Engages in sexual conduct with a pupil who is 16 or 17 years of ".
Amend sec. 9, page 2, line 27, by deleting "students" and inserting "pupils".
Amend sec. 9, page 2, between lines 28 and 29, by inserting:
"3. The provisions of this section do not apply to a person who is married to the pupil.".
Amend sec. 10, page 2, line 29, by deleting "A" and inserting:
"Except as otherwise provided in subsection 3, a".
Amend sec. 10, page 2, after line 42, by inserting:
"3. The provisions of this section do not apply to a person who is married to the student.".
Amend the title of the bill to read as follows:

"An Act relating to crimes; prohibiting a person employed in a position of authority by a public school or private school from engaging in sexual conduct with a pupil who is 16 or 17 years of age; prohibiting a person employed in a position of authority by a college or university from engaging in sexual conduct with a student who is 16 or 17 years of age; providing a penalty; and providing other matters properly relating thereto.".

"Summary--Prohibits person employed in position of authority by school, college or university from engaging in sexual conduct with certain pupils or students. (BDR 15-714)".

Senate Bill No. 258.
The following Assembly amendment was read:
Amendment No. 565.
Amend section 1, page 1, by deleting line 19 and inserting:
"(b) The local law enforcement agency of the city or county in which the conviction was entered.".
Amend sec. 2, page 2, line 33 after "2." by inserting:
"A petition filed pursuant to this section must be accompanied by a current, certified record of the criminal history of the petitioner received from the local law enforcement agency of the city or county in which the petitioner appeared in court.
3.".
Amend sec. 2, page 2, line 41, by deleting "3." and inserting "[3.] 4.".
Amend the title of the bill, by deleting the third and fourth lines and inserting:
"records to include a current, certified record of his criminal history from certain local law enforcement agencies; and providing other matters properly relating thereto.".
Senator James moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 258.
Remarks by Senator James.
Motion carried.
Bill ordered transmitted to the Assembly.

WILLIAM R. O'DONNELL DAVID R. PARKS
JON C. PORTER PAT HICKEY
MICHAEL A. SCHNEIDER JOHN J. LEE
Senate Committee on Conference Assembly Committee on Conference

Senator O'Donnell moved that the Senate adopt the report of the first Committee on Conference concerning Assembly Bill No. 66.
Remarks by Senator O'Donnell
Motion carried.

Mr. President appointed Senators McGinness, Titus and Washington as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 80.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Mrs. Kathlyn Mowbray, Mr. John H. Mowbray, Mr. Jerry Mowbray, Mr. Romy Mowbray, Mr. Terrance Mowbray and Justice Rose.

Senator Raggio moved that the Senate adjourn until Friday, June 27, 1997 at 10:30 a.m.
Motion carried.

Senate adjourned at 1:09 p.m.

Approved:

Lonnie L. Hammargren, M.D.

President of the Senate

Attest: Janice L. Thomas
Secretary of the Senate