Carson City (Wednesday), July 2, 1997

Senate called to order at 11:54 a.m.

President Hammargren presiding.

Roll called.

All present.

Prayer by the Chaplain, the Reverend Bruce Henderson.

Things are pretty hectic around here. A frantic spirit seems to have possessed this building. I'm thinking of the proverbial chickens with their heads cut off. They seem to be everywhere.

But, Father, Your word said, "Be still and know that I am God."

We thank You for this time to be still and to know who is really in control.

I pray in the name of the Lord, my personal lord.

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.

REPORTS OF COMMITTEES

Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 512, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Randolph J. Townsend, Chairman

Your Committee on Finance, to which were referred Assembly Bills Nos. 198, 665, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio, Chairman

Your Committee on Finance, to which was referred Senate Bill No. 385, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, but without recommendation.

William J. Raggio, Chairman

Your Committee on Finance, to which was re-referred Senate Bill No. 211, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

William J. Raggio, Chairman

Your Committee on Finance, to which were referred Senate Bill No. 461; Assembly Bills Nos. 190, 453, 524, 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

Your Committee on Finance, to which was re-referred Senate Bill No. 261, 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

Your Committee on Government Affairs, to which was referred Senate Bill No. 485, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Ann O'Connell, Chairman

Your Committee on Government Affairs, to which was referred Assembly Bill No. 171, 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

Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 401, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond D. Rawson, Chairman

Your Committee on Judiciary, to which were referred Assembly Bills Nos. 306, 437, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark A. James, Chairman

Your Committee on Judiciary, to which was referred Assembly Bill No. 646, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark A. James, Chairman

Your Committee on Legislative Affairs and Operations, to which was referred Senate Concurrent Resolution No. 53, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Kathy Augustine, Chairman

Your Committee on Transportation, to which was referred Senate Bill No. 469, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William R O'Donnell, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, July 1, 1997

I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 169, 350, 396, 434, 443.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 371, 547, 644.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 56.

Also, I have the honor to inform your honorable body that the Assembly on this day amended, and passed, as amended, Senate Bill No. 402, and respectfully requests your honorable body to concur in said amendment.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate amendments to Assembly Bills Nos. 104, 538.

Also, I have the honor to inform your honorable body that the Assembly on this day refused to adopt the report of the first Committee on Conference concerning Senate Bill No. 122, and requests a second conference, and appointed Assemblymen Herrera, Sandoval and Buckley a second Committee on Conference to meet with a like committee of the Senate for further consideration of Senate Bill No. 122.

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. 99.

Jacqueline Sneddon

MOTIONS, RESOLUTIONS AND NOTICES

By Senators Townsend, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Washington and Wiener:

Senate Resolution No. 10—Congratulating Clark J. Guild, Jr., for his years of public service to the State of Nevada.

WHEREAS, Clark J. Guild, Jr., is a member of a pioneer Nevada family who first settled in Dayton, Nevada, during the Comstock Era; and

WHEREAS, Clark J. Guild, Jr., is the son of Judge Clark J. Guild, who served the State of Nevada as Lyon County Clerk, Lyon County District Attorney and for 28 years as a District Court Judge and who also was the founder of the Nevada State Museum; and

WHEREAS, Clark J. Guild, Jr., has been an attorney for over 48 years, distinguishing himself and his profession in an honorable way; and

WHEREAS, Clark J. Guild, Jr., is the longest continually registered lobbyist working at the Nevada Legislature, and in that capacity, he has set a standard for honesty, integrity, intelligence, advocacy and acumen, and by so doing Clark J. Guild, Jr., has earned the respect of his fellow lobbyists, the staff of the Legislature and the members of the Legislature for 48 years; and

WHEREAS, Clark J. Guild, Jr., has contributed throughout his life to his community and the State of Nevada by, among other distinctions, being twice elected as President of the Washoe County Bar Association, being elected President of the Reno Y.M.C.A. Board of Directors, Chairman and member of the Board of Directors of Southwest Gas Corporation, member of the Board of Regents of the University of Nevada, Chairman of United Way of Northern Nevada, member of the Advisory Board of the University of Nevada Medical School and member of the Desert Research Institute Research Foundation, and being selected as a Distinguished Nevadan by the Board of Regents of the University of Nevada; now, therefore, be it

RESOLVED BY THE SENATE OF THE STATE OF NEVADA, That the members of the 69th Session of the Nevada Legislature do hereby congratulate Clark J. Guild, Jr., for his many years of service to his beloved state; and be it further

RESOLVED, That this legislative body hereby commends Clark J. Guild, Jr., for his years of public service to his community and the State of Nevada; and be it further

RESOLVED, That the Secretary of the Senate prepare and transmit a copy of this resolution to Clark J. Guild, Jr.

Senator Townsend moved the adoption of the resolution.

Remarks by Senators Townsend, Raggio and Jacobsen.

Senator Townsend requested that the following remarks be entered in the Journal.

Senator Townsend:

Thank you, Mr. President. There isn’t anything that I can add to this extremely well-deserved honor. I am hoping that Senator Raggio will keep his stories to the ones that are family oriented between him and Clark, not the ones that I have heard over the years. I am particularly proud to stand here today to acknowledge a gentleman who is just that, a gentleman. We don’t see many of those in this country anymore. Clark Guild and I came across each other 20 years ago when I first got involved in the area of the utilities. He was more than an admirable foe. He was, in fact, someone who fought for those things in which he believed and he did so in a manner that we have lost in this building and in these halls. That is the way in which all things should be argued. That is one where their merits are discussed with complete integrity with all the research that the people with whom you work can bring to bear so that those of us who are lucky enough to serve in those positions can make appropriate, educated and informed decisions about public policy.

Other than Clark, no one is probably more surprised that to have me standing here saying something positive about someone who spent most of his life associated with a utility.

I can tell you that I am extremely proud of the fact that I have known this man since I became involved in this utility area. He represents what is good about people who come here, paid or not, to provide us with the information necessary to make decent decisions about public policy. As a result of that, I want to present him something that is unique to the State of Nevada. There is only one of these that we had made for him. He is the longest serving representative of any industry or group or any person in the history of this state. This, we hope Clark, you will wear proudly and, most importantly, in good health. It is a sterling silver copy of his lobbyist badge. I present you that with all the affection I can.

Senator Raggio:

Thank you, Mr. President. I am going to speak briefly on the resolution. First of all, I was going to call the honoree to task for not coming here and appropriately wearing his lobbying badge. Now that you have it, I will withdraw that concern. It certainly is appropriate that Clark Guild, Jr. receive a sterling silver lobbyist badge. Clark Guild and I go back a long ways. I think we first crossed back in the 40s when we attended a basketball game in Washington, D.C. He was in law school and I was in the Marine Corp. That is a long time, something like 50 years. This resolution acknowledges the fact that he has a great record of public service and as an attorney. Almost a half century of serving the legal profession of this state, and in my opinion, there is no one who has served the legal profession better that has Clark Guild. There isn’t a lawyer in this state who won’t tell you that he is one of the best. If you were asked as an attorney to name the top five attorneys in their lifetime who they have dealt with who have earned their respect and who have the integrity that is necessary in that service, Clark Guild would be on everyone’s list. He has not only served his profession, this man could have been a judge at anytime he ever wanted to be. He is self-effacing. He doesn’t ask for praise. I think he is probably embarrassed. I think his son probably lured him here today under some contrivance that he was supposed to come over here and lobby.

But we are very pleased to have him here. His record in public service is exceptional. If Clark Guild volunteers or is appointed to serve on some special board, commission or committee, you can bet that he will be in there with both feet. He is of the highest integrity, the highest dedication, the highest commitment on anything he undertakes. If he tells you it is raining, you don’t have to look outside. His word is his bond. I have never known him to do anything deceitful. He is a person I am proud to say is a member of the same profession. I am proud to say he is our friend. I can tell you, just as an aside, I have been on a few trips with him. That is an exception. He has tried to avoid it because he is cheap. I usually have to pick up the tab, things like that. Other than that, he is friendly and engaging and a person that is just nice to be around. His service continues that of a family who has given a great deal of public service to the state. His father was one of the first judges I ever appeared before. That is how I learned to deal with someone who was stern but fair, and I think that has been the epitome that Clark has done in his lifetime and he is followed by his son, Joe, who many of us know and who continues in the same mold.

It is a pleasure for me, and I hope representing the entire senate, to tell you we are very proud of Clark Guild. His commitment as a representative of interests in this legislature as a lobbyist, the standards which he has set, should be a model for all those who register here as lobbyists. I am sure no one would ever say that Clark Guild, who would be as strong in his effort to carry his client’s interests, would be just as concerned that he would never in any way mislead a legislator or a committee. I think that is a great deal of accomplishment for one lifetime. We wish him well. I hope he will be available for another trip. I just hope he brings a little card with him so that I won’t have to pick up all the tabs. We are pleased to have him here today.

Senator Jacobsen:

I would certainly be remiss if I did not say a few words because I am one of those old timers that go back a long ways. I want to say that I wish you could have known Clark’s dad. Clark is certainly a chip off the old block. His dad was the first person I had to appear before in court, and I somewhat took an undressing, I would say. I was a young man, and I thought I knew everything about everything, especially, coming out of the service. I can’t help but think of a lot of times when I used to deliver oil down in Dayton and he had a buddy down there, Chester Barton, who was the sheriff for many years. I wish I would have catalogued some of the stories those two could tell in unison. They would not be repeatable here in this chamber but that is neither here nor there. I would have to admit that I have somewhat of a conflict because I love the old man mostly because of his association with many people in Carson Valley. Clark was an attorney for one of my brothers. As I indicated on the floor about a week ago, Clark was the attorney for Fred Dressler. I could always tell when Clark had been out at the ranch because when I would deliver gas to Fred, I would go into the house and get a lesson in law. Clark descended on Fred and told him what the law was all about. It always amazed me that Clark, Jr.’s father never failed to bring two of us, Tom Keene and myself, a flower for our boutonnieres every morning. I would then have to introduce his legislation.

I found out Joe is the best mule packer I ever got next to. He knows how to pack one, how to stack one and how to stay on one. It is interesting to reminisce about how great the whole family was. Clark, Sr., who was junior, is one of the great Nevadans. He is a member of the Carson Valley Nut Club which is a distinction that only comes to a few. There is much more that can be said. The whole family and especially Clark are first class, great Nevadans, ones who make Nevada what it is today.

Resolution adopted.

By the Committee on Commerce and Labor:

Senate Concurrent Resolution No. 62—Commending the State Industrial Insurance System and the Division of Industrial Relations of the Department of Business and Industry for the reduction of industrial injuries.

WHEREAS, By 1991, the State of Nevada had one of the highest rates of industrial injuries in the western United States; and

WHEREAS, These industrial injuries caused workers and their families great suffering; and

WHEREAS, The cost of these industrial injuries created a burden on the employers in the State of Nevada and the economy of this state and contributed to a financial crisis at the State Industrial Insurance System; and

WHEREAS, In 1991 and 1993, the Nevada Legislature enacted far-reaching measures to encourage establishment of safe conditions in the workplace through occupational safety education for workers and employers and penalties for employers who failed to implement safety measures; and

WHEREAS, The Nevada Legislature entrusted the State Industrial Insurance System and the Division of Industrial Relations of the Department of Business and Industry with the responsibility for developing and deploying programs on education, training and safety inspection to promote a safe workplace, thereby avoiding industrial injuries with their attendant suffering and costs; and

WHEREAS, The dedicated employees at the State Industrial Insurance System and the Division of Industrial Relations have vigorously carried out the legislative directives; and

WHEREAS, As a result of the efforts of employers, labor representatives and the workers themselves, the percentage of worker’s compensation claims in fiscal year 1995 declined by nearly 40 percent since the inception of the workplace safety and health initiatives in 1992; and

WHEREAS, These efforts have eliminated approximately 22,500 industrial injuries and avoided the attendant pain and suffering, as well as saving the businesses of Nevada more than $450 million over that 3-year period; and

WHEREAS, On February 5, 1996, the United States Department of Labor awarded the Division of Industrial Relations its annual IMPACT award for outstanding innovations and contributions to improved occupational safety and health; and

WHEREAS, That was the first time this prestigious award had been given to a state; now, therefore, be it

RESOLVED BY THE SENATE OF THE STATE OF NEVADA, THE ASSEMBLY CONCURRING, That the Nevada Legislature recognizes the outstanding efforts of the employees of the State Industrial Insurance System and the Division of Industrial Relations and commends and extends its gratitude for the success of each person in eliminating industrial injuries, thereby avoiding suffering and saving money for this state; and be it further

RESOLVED, That the Nevada Legislature is especially proud of the Administrator of the Division, Ron Swirczek, and Assistant Administrator, Helen Aberle, and the staff from the Occupational Safety and Health Enforcement, including Chief Administrative Officer Danny Evans and Rosie Alston, Amy Atkins, Deborah Austin, Nancy Barnhart, Michael Behling, Stewart Benefield, Jarka Chmelikova, Linda Clement, Stephan Coffield, Todd Curcio, Chris Davis, Victor Eppinger, Victor Flashman, Victor Garcia, Jimmie Garrett, Brandi Gill, David Going, Sharon Gold, Juan Hernandez, Britt Hill, Nancy Hill, Roger Hundley, Elizabeth Johnson, Laura Jurad, Orita Keebaugh, Ron Landram, David Leazer, Donald (Pete) Lossing, Jean Marion, Gilbert Mata, Kathy Mathers, Maritza McLaughlin-Galleron, Rich Meier, Connie Morros, Cal Murphy, Bonnie Nishikawa, Louise Norton, Mary Oakes, Ronald Parker, Roy Perry, David Placencia, David Richardson, Robert Robbins, Joseph Saiz, Irene Sarette, Randy Schlecht, Billy Sharp, Shirley Shest, Thomas Skiver, Ken Springstead, Mona Tatro, Cathy Tersteege, Joan Tiearney, Dennis Tuckness, Fred Weaver, Victor Wheatley, John Wisniewski, Kenneth White and Donald Wright, and Safety Consultation and Training, including Chief Administrative Officer Ken Thomas and Gary Brown, Mary Jo Brown, John Burke, Jerry Burnette, Suzanne Buswell, Monica Chatelle, Thomas Clonan, Jerry DiVicino, Arnold Frank, Dalton Hooks, Curt Johnson, Mark Kantorowicz, Debbie Kemnitz, David Martin, Lafayette Moseley, Mary Neithercut, Orville Reed, Antonio Samson, Arthur Sipple, Gary Sloop, Mike Szczesniak, Donald Ulemek, Michelle Vieira, Marguerite Wilkes and John Zumwalt, and Mine Safety and Training, including Chief Administrative Officer Ed Tomany and Nikki Barnett, Larry Blaylock, Skip Flanagan, Jim Frei, Mary Going, Gary Greene, Hollie Harvey, William Hawkins, Norton Pickett and Leonard Sloan; and be it further

RESOLVED, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Director of the Department of Business and Industry, Administrator of the Division of Industrial Relations and the Manager of the State Industrial Insurance System, Douglas Dirks.

Senator Townsend moved the adoption of the resolution.

Remarks by Senator Townsend.

Senator Townsend requested that his remarks be entered in the Journal.

Thank you, Mr. President. This is really the culmination of the work of many people in Nevada. We believe that many of those we have asked to sit in our gallery today are representative of something that may be as important as anything we have ever done here. These people represent a collective effort. Not only an effort from those who work but from those who employ and those who sat on committees over the years that finally got the picture. The real problem with workers’ compensation in the world today has to do with one simple issue: don’t let people get hurt. We started with that concept ten years ago in Commerce and Labor. We tried never to lose sight of it; once in a while it got a little out of focus but we never lost sight of it.

The people we honor in this resolution today did something of which they should be incredibly proud. That is, they participated in programs that helped working Nevadans continue to work. They made the difference whether they were workers, employers or the professionals in this business. I use that term with the highest respect. They are seated with us today as representatives of that entire class of industry. They made the difference. The only time, and I reiterate, the only time this national award has ever been granted to a state was granted to the State of Nevada as a result of the almost 40 percent decrease in terrible injuries.

The reason our system of insurance has made the dramatic turn around it has is because of those folks, not us. They got into the field. They made sure everyone understood what safety meant. The partnership between those who work and those who employ made it the number one issue in the State of Nevada. Our committee made a statement 10 years ago that when we turned this century over, we wanted Nevada to be the safest place to work in the country. Because of their efforts, I have no doubt three years from now we will be standing here and proudly saying that is the case. To those of you who work in the department of industrial relations, those of you who work in loss-control at the state industrial insurance system and those who are safety inspectors and program coordinators in the private and government sectors, on behalf of the Committee on Commerce and Labor you have our complete respect. Today is the day to honor you. You really have done a service to the State of Nevada and all of mankind. Thank you.

Resolution adopted.

By the Committee on Transportation:

Senate Concurrent Resolution No. 63—Requesting the return to the Senate from the Governor’s office of Senate Bill No. 137.

WHEREAS, Senate Bill No. 137 has passed both houses of the 69th session of the Legislature, has been enrolled and delivered to the Governor; and

WHEREAS, Senate Bill No. 137 needs further legislative attention; now, therefore, be it

RESOLVED BY THE SENATE OF THE STATE OF NEVADA, THE ASSEMBLY CONCURRING, That the Governor of the State of Nevada is hereby respectfully requested to return Senate Bill No. 137 to the Senate for further consideration.

Senator O'Donnell moved the adoption of the resolution.

Remarks by Senator O'Donnell.

Senator O'Donnell requested that his remarks be entered in the Journal.

Mr. President, this is the bill that deals with speeding. The governor has indicated that he will veto this bill. We have agreed with the governor that the bill may be able to come back here for an amendment and thereby make it acceptable to the governor.

Resolution adopted.

Assembly Concurrent Resolution No. 56.

Senator Augustine moved the adoption of the resolution.

Resolution adopted.

Senator James moved that Assembly Bill No. 170 be taken from the Secretary's desk and placed on General File.

Remarks by Senator James.

Motion carried.

COMMUNICATIONS FROM STATE OFFICERS

Messages From the Secretary of State

July 2, 1997

Dear Senator Raggio:

In compliance with NRS 218.420 I am returning Senate Bill No. 127 of the 69^th Session of the Nevada Legislature which was vetoed by Governor Miller.

Respectfully,

Dean Heller

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that vetoed Senate Bill No. 127 of the 69^th session of the Nevada Legislature be made a Special Order of Business for July 2, 1997 at 2:00 p.m.

Remarks by Senator Raggio.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 371.

Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

Assembly Bill No. 547.

Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

Assembly Bill No. 644.

Senator Rawson moved that the bill be referred to the Committee on Taxation.

Motion carried.

By the Committee on Finance:

Senate Bill No. 493—An Act relating to state employees; establishing the maximum allowed salaries for employees in the unclassified service of the state; making appropriations; and providing other matters properly relating thereto.

Senator Raggio moved that the bill be referred to the Committee on Finance.

Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 170.

Bill read third time.

The following amendments were proposed by the Committee on Judiciary:

Amendment No. 1020.

Amend sec. 4.5, page 6, by deleting lines 29 through 31.

Senator James moved the adoption of the amendment.

Remarks by Senator James.

Amendment adopted.

Amendment No. 1080.

Amend sec. 19, page 17, by deleting lines 25 through 28 and inserting:

"(e) If the battery is committed with the use of a deadly weapon, and:

(1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

(2) Substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.".

Amend sec. 19, page 17, by deleting lines 35 through 38 and inserting:

"confinement with the use of a deadly weapon, and:

(1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.

(2) Substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.".

Senator James moved the adoption of the amendment.

Remarks by Senator James.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Assembly Bills Nos. 74, 191, 208, 312, 468, 517 be taken from the General File and placed on the General File for the next legislative day.

Motion carried.

Senator Washington moved that Assembly Bill No. 11 be taken from the General File and placed on the General File for the next legislative day.

Remarks by Senator Washington.

Motion carried.

By the Committee on Legislative Affairs and Operations:

Senate Concurrent Resolution No. 53—Directing the Legislative Commission to conduct an interim study of the construction and maintenance of highways.

Senator Augustine moved the adoption of the resolution.

Remarks by Senator Augustine.

Resolution adopted.

SECOND READING AND AMENDMENT

Senate Bill No. 385.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 738.

Amend section 1, page 1, by deleting lines 3 through 5 and inserting: "$225,000 to employ a health care program developer to study the role of the health science and allied health programs of the University and Community College System of Nevada in meeting the needs of this state relating to education and training for, and contribution to, the delivery of health care, including, without limitation, the organization of health and health-related programs within the University and Community College System of Nevada.".

Amend sec. 2, page 1, by deleting line 11 and inserting: "in identifying and defining the needs of this state.".

Amend sec. 2, page 1, line 12, by deleting "feasibility".

Amend the title of the bill by deleting the second and third lines and inserting: "to employ a health care program developer to study the role of certain programs of the system in meeting the needs of the State of Nevada relating to education and training for, and delivery of, health care; and".

Amend the summary of the bill by deleting the second and third lines and inserting: "to employ health care program developer to study role of programs of system in meeting needs of State of Nevada relating to health care.".

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 461.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1085.

Amend the bill as a whole by deleting sec. 2 and renumbering sec. 3 as sec. 2.

Amend sec. 3, page 7, by deleting lines 17 through 19 and inserting:

"Sec. 2.  This act becomes effective on July 1, 1997.".

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 469.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 999.

Amend sec. 2, page 2, line 5, by deleting "1999." and inserting "2001.".

Amend sec. 3, page 2, line 31, by deleting "1998;" and inserting "2000;".

Amend sec. 4, page 2, line 34, before "Section" by inserting:

"1.  This section and section 3 of this act become effective on October 1, 1997.

2.".

Amend sec. 4, page 2, after line 35, by inserting:

"3.  Section 1 of this act becomes effective on January 1, 2001.".

Senator O'Donnell moved the adoption of the amendment.

Remarks by Senator O'Donnell.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 171.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 1002.

Amend section 1, page 1, line 10, by deleting "to determine" and inserting: "to:

(1) Determine".

Amend section 1, page 1, line 11, by deleting: "regulation in order to assess" and inserting: "regulation; or

(2) Assess".

Amend section 1, page 1, line 18, before "policies" by inserting "internal".

Amend section 1, page 2, line 12, by deleting "and signals." and inserting: "[and signals.] , signals and other traffic-control devices that conform with the manual and specifications for a uniform system of official traffic-control devices adopted pursuant to NRS 484.781.".

Amend the bill as a 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.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

Sec. 3.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

If the governing body of a city has adopted an ordinance which authorizes the hiring or appointment of a person to make final administrative decisions on behalf of that governing body, a person who is aggrieved by such an administrative decision may appeal the decision pursuant to the procedure provided in the provisions of NRS 233B.130 to 233B.150, inclusive, for an aggrieved party to appeal a final decision of an agency of the executive department of the state government. For the purposes of this section, "agency" and its derivatives as used in NRS 233B.130 to 233B.150, inclusive, must be read to mean the person hired or appointed to make final administrative decisions on behalf of the governing body.".

Amend sec. 2, page 2, line 14, by deleting "subsection" and inserting "section".

Amend the title of the bill, second line, after "Act;" by inserting: "authorizing judicial review of an administrative decision made by the hearings officer of a local government;".

Amend the summary of the bill to read as follows:

"Summary—Makes various changes concerning administrative procedure of state and local government. (BDR 18-446)".

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.

Assembly Bill No. 190.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 893.

Amend section 1, page 1, line 2, by deleting the brackets.

Amend section 1, page 1, line 6, by deleting the brackets.

Amend section 1, page 1, by deleting line 15 and inserting:

"4.  The state, its departments, divisions and agencies, an incorporated city, a county and all other political subdivisions of this state, and their employees and agents, are immune from civil liability for damages caused by an alteration or disturbance of a riverbed or flooding sustained as a result of any act or omission by an employee or agent in clearing or causing to be cleared, maintaining or restoring a channel of a river pursuant to this section if the channel is cleared, maintained or restored pursuant to a permit granted by the division of state lands of the state department of conservation and natural resources and such other permits and approvals as are required by law.

5.  As used in this section, "navigable river" means a river or stream".

Amend sec. 2, page 2, line 2 by deleting the brackets.

Amend sec. 3, page 2, line 12, after "channel" by inserting "clearance,".

Amend sec. 3, page 2, line 13, by deleting "$200,000." and inserting "$250,000.".

Amend the bill as a whole by renumbering sec. 4 as sec. 8 and adding new sections designated sections 4 through 7, following sec. 3, to read as follows:

"Sec. 4.  There is hereby appropriated from the state general fund to the division of water resources of the state department of conservation and natural resources the sum of $79,800 for repairs and improvements on the South Fork Dam.

Sec. 5.  Any remaining balance of the appropriation made by section 4 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

Sec. 6.  There is hereby appropriated from the state general fund to the division of water resources of the state department of conservation and natural resources the sum of $30,000 for the repair of the South Fork Dam south sluice gate.

Sec. 7.  Any remaining balance of the appropriation made by section 6 of this act must not be committed for expenditure after the project has been completed, and reverts to the state general fund as soon as all payments of money committed have been made or by June 30, 1998, whichever occurs earlier.".

Amend the title of the bill to read as follows:

"An Act relating to water resources; revising provisions governing the channel clearance, surveying and monumenting program; increasing the amount retained in the account for the program; providing immunity from civil liability to the state and any city, county or other political subdivision for certain actions relating to the program; making an appropriation to the account; making appropriations for repairs and improvements relating to the South Fork Dam; and providing other matters properly related thereto.".

Amend the summary of the bill to read as follows:

"Summary—Makes various changes concerning water resources in this state. (BDR 48-1161)".

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 306.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 1075.

Amend the bill as a whole by adding a new section, designated sec. 3.5, following sec. 3, to read as follows:

"Sec. 3.5.  Chapter 143 of NRS is hereby amended by adding thereto a new section to read as follows:

(b) "Personal representative" includes, without limitation, an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status.".

Amend sec. 9, page 3, by deleting line 26 and inserting: "of benefits for Medicaid, and creditors, if there".

Amend sec. 10, page 5, by deleting line 10 and inserting: "payment of benefits for Medicaid have been paid".

Amend sec. 10, page 5, line 14, by deleting the brackets.

Amend sec. 10, page 5, line 17, by deleting "and" and inserting "[and]".

Amend sec. 10, page 5, line 21, by deleting "property." and inserting: "property [.] ; and

(j) That the affiant acknowledges that he understands that filing a false affidavit constitutes a felony in this state.".

Amend sec. 11, page 6, by deleting sec. 11 and inserting:

"Sec. 11.  (Deleted by amendment.)".

Amend sec. 14, page 7, by deleting lines 27 and 28 and inserting: "resources as a result of payment of benefits for Medicaid and wage claims to the extent of $600 of each employee of the".

Amend sec. 17, page 8, by deleting line 39 and inserting: "distributed on a nonpro rata basis, unless the will or trust authorizes a trustee or executor to distribute property and money on a nonpro rata basis.".

Amend sec. 19, page 9, line 26, by deleting: "any interested person" and inserting: "a person entitled to notice pursuant to this Title".

Amend sec. 19, page 9, line 29, by deleting "14 " and inserting "10 ".

Amend sec. 19, page 9, line 32, by deleting "known;" and inserting: "known, or by personally delivering a copy thereof to the person being notified at least 10 days before the time set for the hearing; or".

Amend sec. 19, page 9, by deleting lines 33 and 34.

Amend sec. 19, page 9, line 35, by deleting "(c)" and inserting "(b)".

Amend sec. 19, page 10, by deleting lines 3 through 10 and inserting:

"4.  A person entitled to notice may, in writing, waive notice of the hearing of a petition.".

Amend the bill as a whole by adding a new section designated sec. 20.5, following sec. 20, to read as follows:

"Sec. 20.5.  NRS 155.190 is hereby amended to read as follows:

155.190  In addition to any order or decree from which an appeal is expressly permitted by this Title, an appeal may be taken to the supreme court within 30 days after its entry, from an order or decree:

1.  Granting or revoking letters testamentary or letters of administration.

2.  Admitting a will to probate or revoking the probate thereof.

3.  Setting aside an estate claimed not to exceed [$25,000] $50,000 in value.

4.  Setting apart property as a homestead, or claimed to be exempt from execution.

5.  Granting or modifying a family allowance.

6.  Directing or authorizing the sale or conveyance or confirming the sale of property.

7.  Settling an account of an executor, administrator or trustee.

8.  Instructing or appointing a trustee.

9.  Instructing or directing an executor or administrator.

10.  Directing or allowing the payment of a debt, claim, legacy or attorney’s fee.

11.  Determining heirship or the persons to whom distribution must be made or trust property must pass.

12.  Distributing property.

13.  Refusing to make any order mentioned in this section or any decision wherein the amount in controversy equals or exceeds, exclusive of costs, $1,000.

14.  Granting or denying a motion to enforce the liability of a surety filed pursuant to NRS 142.035.".

Amend sec. 23, page 12, line 12, by deleting "interested persons" and inserting: "persons entitled to notice".

Amend the title of the bill, tenth line, after "person;" by inserting: "increasing the limit on the amount of value of an estate for which an appeal may be taken from an order or decree setting aside the estate;".

Senator Adler moved the adoption of the amendment.

Remarks by Senator Adler.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 401.

Bill read second time.

The following amendment was proposed by the Committee on Human Resources and Facilities

Amendment No. 1079.

Amend section 1, page 2, between lines 15 and 16, by inserting:

"5.  This act may be cited as the Nevada Personal Responsibility and Self-Sufficiency Act of 1997.".

Amend sec. 9, page 4, by deleting lines 6 through 10 and inserting: "program to provide temporary assistance for needy families has control or charge of a child who is not less than 7 years of age, but is less than 12 years of age, the head of the household shall take every reasonable action to ensure that the child is not at risk of failing to advance to the next grade level in school.

(b) That child is at risk of failing to advance to the next grade level in school,".

Amend sec. 9, page 4, line 14, by deleting "392.040." and inserting: "392.040 and helping the child to improve his academic performance.".

Amend sec. 16, page 4, line 42, by deleting "drugs" and inserting: "drugs, mental health services".

Amend sec. 16, page 5, between lines 3 and 4, by inserting:

"4.  If the assessment required pursuant to subsection 1 indicates that a member of the household may require mental health services, the welfare division shall refer that member of the household to a person professionally qualified in the field of psychiatric mental health.

5.  As used in this section, "person professionally qualified in the field of psychiatric mental health" has the meaning ascribed to it in NRS 433.209.".

Amend sec. 17, page 5, line 15, by deleting "36 " and inserting "24".

Amend sec. 17, page 5, by deleting lines 24 through 26 and inserting: "provision which:

(b) Encourages the head of the household to ensure that the unmarried parent participates in a program which provides mentors for unmarried parents who are less than 18 years of age.".

Amend sec. 22, page 8, by deleting lines 20 through 30 and inserting: "household by one-half; and

(2) If the failure to comply has not ceased by the end of the period of reduction required by subparagraph (1), permanently terminate the household’s benefits.".

Amend the bill as a whole by adding a new section designated sec. 22.5, following sec. 22, to read as follows:

"Sec. 22.5.  The welfare division shall not provide benefits to a person who is prohibited from receiving benefits pursuant to 42 U.S.C. § 608(a).".

Amend sec. 23, page 9, line 5, by deleting "that " and inserting: "if an adult member of that household ".

Amend the bill as a whole by adding new sections designated sections 24.2 through 24.8, following sec. 24, to read as follows:

"Sec. 24.2.  1.  The welfare division may, within the limitations of available funding, provide for the payment by the welfare division of certain expenses on behalf of an applicant for benefits if the welfare division determines that the applicant is not in need of long-term benefits.

Sec. 24.4.  1.  The welfare division shall, within the limitations of available funding, establish a program which promotes the self-sufficiency of a natural father whose paternity is presumed pursuant to NRS 126.051, or a noncustodial parent of a child for whom benefits are being received by a household.

Sec. 24.6.  The welfare division shall, through its regional offices, encourage public and private entities to provide employment opportunities for members of households that are receiving benefits.

Sec. 24.8.  1.  The chief of the program for the enforcement of child support of the welfare division or his designee may enforce a court order for the support of a child against the parents of a noncustodial parent of a child if:

2.  If the chief or his designee enforces a court order against the parents of a noncustodial parent pursuant to subsection 1, the parents of the noncustodial parent are jointly and severally liable for the payments required pursuant to the order.".

Amend sec. 26, page 10, line 33, after "inclusive," by inserting: "[and] section 2 of [this act,] Assembly Bill No. 13 of this session,".

Amend sec. 28, page 10, by deleting line 42 and inserting "3.  Medicaid;".

Amend sec. 34, page 13, line 14, by deleting: "assistance to the medically indigent" and inserting "Medicaid ".

Amend the bill as a whole by adding a new section designated sec. 36.5, following sec. 36, to read as follows:

"Sec. 36.5.  NRS 422.240 is hereby amended to read as follows:

422.240  1.  Money to carry out the provisions of NRS 422.070 to 422.410, inclusive, including, without limitation, any federal money allotted to the State of Nevada pursuant to the program to provide temporary assistance for needy families and the program for child care and development, must be provided by appropriation by the legislature from the state general fund.

2.  Disbursements for the purposes of NRS 422.070 to 422.410, inclusive, must be made upon claims duly filed, audited and allowed in the same manner as other money in the state treasury is disbursed.".

Amend sec. 37, page 14, by deleting line 27 and inserting "(c) Medicaid;".

Amend sec. 39, page 15, line 18, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 39, page 15, by deleting lines 23 and 24 and inserting: "(b) Recover from the recipient of Medicaid or the person who signed the application for Medicaid".

Amend sec. 39, page 15, line 38, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 39, page 15, line 42, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 39, page 16, line 4, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 39, page 16, lines 15 and 16, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 39, page 16, by deleting lines 19 through 26 and inserting:

"(a) The death of the recipient of Medicaid;

(b) The death of the surviving spouse of the recipient of Medicaid;

(c) The death of all children of the recipient of Medicaid who are blind or permanently and totally disabled as determined in accordance with 42 U.S.C. § 1382c; and

(d) The arrival of all other children of the recipient of Medicaid at the age of 21 years.".

Amend sec. 42, page 17, line 32, after "2." by inserting: "Shall report to the interim finance committee quarterly concerning the regulations adopted by the welfare division for the administration of the program;

3.".

Amend sec. 42, page 17, line 34, by deleting "3." and inserting "[3.] 4.".

Amend sec. 70, page 20, between lines 36 and 37, by inserting: "A financial institution doing business in this state which receives from the division a notice of lien, notice of attachment or notice of levy on a lien is not required to encumber or surrender any assets received by the financial institution on behalf of the responsible parent after the financial institution received the notice of lien, notice of attachment or notice of levy on a lien.".

Amend the bill as a whole by adding a new section designated sec. 163.5, following sec. 163, to read as follows:

"Sec. 163.5.  Except as otherwise provided in section 162 of this act, every court order for the support of a child issued or modified in this state on or after the effective date of this section must include a provision specifying whether the parent required to pay support is required to provide coverage for the health care of the child and, if so, any details relating to that requirement.".

Amend sec. 166, page 78, line 30, after "recorded " by inserting: "in the manner prescribed in NRS 17.150 for the recording of a judgment lien".

Amend the bill as a whole by adding a new section designated sec. 308.5, following sec. 308, to read as follows:

"Sec. 308.5.  Chapter 613 of NRS is hereby amended by adding thereto a new section to read as follows:

The labor commissioner shall adopt regulations to establish the procedures required pursuant to 42 U.S.C. § 607(f).".

Amend the bill as a whole by adding new sections designated sections 323.3 and 323.7, following sec. 323, to read as follows:

"Sec. 323.3.  1.  The welfare division of the department of human resources shall conduct a study of the feasibility of organizing the program to provide temporary assistance for needy families in such a manner that:

(a) After a household has received benefits pursuant to the program for 24 months, regardless of whether those months are consecutive or cumulative, the household is prohibited from receiving additional benefits for 12 consecutive months;

(b) If a household has not received benefits for 12 consecutive months, the household is eligible to receive benefits for an additional 12 months, regardless of whether those months are consecutive or cumulative; and

(c) A household that has received additional benefits in the manner described in paragraph (b) is prohibited from receiving additional benefits for 12 consecutive months, but may thereafter receive benefits for 12 additional months in the manner described in paragraph (b) until the household becomes ineligible for benefits pursuant to 42 U.S.C. § 608(a)(7).

2.  The welfare division shall report the results of the study conducted pursuant to this section and any recommendations for legislation to the director of the legislative counsel bureau on or before January 1, 1999, for transmittal to the 70th session of the Nevada legislature.

Sec. 323.7.  1.  The welfare division of the department of human resources shall prepare a report on the number of children born into households that are receiving benefits pursuant to the program to provide temporary assistance for needy families. The report must include:

(a) The number of households which are receiving benefits pursuant to the program and which include a child who was born not less than 10 months after the head of the household applied for those benefits; and

(b) The amount by which the benefits provided to those households were increased to reflect the birth of the child.

2.  The welfare division shall provide a copy of the report to the director of the legislative counsel bureau on or before January 1, 1999, for transmittal to the 70th session of the Nevada legislature.".

Amend sec. 325, pages 141 and 142, by deleting lines 25 through 44 on page 141 and lines 1 through 16 on page 142 and inserting: "effective on June 30, 1997.

2.  Sections 1 to 6, inclusive, 10 to 15, inclusive, 30 to 33, inclusive, 35, 36, 40 to 43, inclusive, 102, 105.5, 106, 107, 113, 114, 283, 284, 308, 309, 321, 323.3, 323.7 and 324 of this act, and subsection 1 of section 320 of this act, become effective on July 1, 1997.

3.  Sections 26, 28, 34, 37 and 39 of this act become effective at 12:01 a.m. on July 1, 1997.

4.  For the purpose of adopting regulations and conducting any preliminary activities necessary to carry out the provisions of this act in a timely manner, the remaining provisions of this act become effective upon passage and approval. For all other purposes:

(a) Sections 44 to 82, inclusive, 83 to 88, inclusive, 89, 90, 91, 92, 93, 94, 95, 96 to 100, inclusive, 103, 104, 105, 108 to 111, inclusive, 115 to 126, inclusive, 127, 128, 129 to 133, inclusive, 134, 135, 136, 137, 138, 139 to 154, inclusive, 155, 156, 157, 158 to 172, inclusive, 173 to 183, inclusive, 184 to 190, inclusive, 190.5, 191, 192, 193, 194, 277 to 277.7, inclusive, 278.1 to 282, inclusive, 285 to 307, inclusive, 322 and 323 of this act, and subsection 2 of section 320 of this act, become effective on October 1, 1997.

(b) Sections 7, 8, 9, 16 to 25, inclusive, 82.5, 88.5, 90.5, 91.5, 92.5, 95.5, 126.5, 128.5, 133.5, 135.5, 136.5, 137.5, 138.5, 154.5, 157.5, 172.5, 183.5, 190.3, 192.5, 193.5, 195 to 276, inclusive, 278, 308.5 and 310 to 318, inclusive, of this act, and subsection 3 of section 320 of this act, become effective on January 1, 1998.

5.  Sections 123.5 and 277.1 of this act expire by limitation on January 1, 1998."

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 401.

The following amendment was proposed by Senator Neal:

Amendment No. 884.

Amend the bill as a whole by adding a new section designated sec. 10.5, following sec. 10, to read as follows:

"Sec. 10.5.  1.  The welfare division shall employ one or more job development coordinators to promote the creation of jobs for persons who receive public assistance.

3.  Job development coordinators employed by the welfare division pursuant to this section are in the classified service of the state.".

Amend the title of the bill, seventh line, after "resources;" by inserting: "requiring the welfare division to employ job development coordinators to promote the creation of jobs for recipients of welfare;".

Senator Neal moved the adoption of the amendment.

Remarks by Senators Neal, Rawson and Washington.

Amendment adopted.

Senator Rawson moved that Assembly Bill No. 401 be re-referred to the Committee on Finance upon return from reprint.

Motion carried.

Bill ordered reprinted, re-engrossed and to the Committee on Finance.

Assembly Bill No. 437.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 1043.

Amend sec. 8, page 4, by deleting lines 5 and 6 and inserting: "account at the end of a fiscal year in excess of $2,000,000 must be transferred to the state general fund. Money in the account may be transferred to the secretary of ".

Amend the bill as a whole by deleting sections 11 through 14 and the text of the repealed section and adding new sections designated sections 11 through 41, and the leadlines of repealed sections, following sec. 10, to read as follows:

"Sec. 11.  Chapter 78 of NRS is hereby amended by adding thereto a new section to read as follows:

Sec. 12.  NRS 78.039 is hereby amended to read as follows:

78.039  1.  The [secretary of state shall refuse to accept for filing the articles of incorporation of any corporation whose name is the same as or deceptively similar to the name of a corporation, limited partnership or limited-liability company existing under the laws of this state or a foreign corporation, foreign limited partnership or foreign limited-liability company authorized to transact business in this state, or a name to which the exclusive right is, at the time, reserved in the manner provided under the laws of this state,] name proposed for a corporation must be distinguishable from the names of all other artificial persons organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose names are on file in the office of the secretary of state. If a proposed name is not so distinguishable, the secretary of state shall return the articles of incorporation containing the proposed name to the incorporator, unless the written acknowledged consent of the holder of the registered or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.

2.  For the purposes of this section [,] and NRS 78.040, a proposed name is not distinguished from a registered or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trade-mark or a trade name or any combination of these.

3.  The name of a corporation whose charter has been revoked, whose existence has terminated, which has merged and is not the surviving corporation, or which for any other reason is no longer in good standing in this state is available for use by any other artificial person.

Sec. 13.  NRS 78.150 is hereby amended to read as follows:

78.150  1.  [Each] A corporation organized under the laws of this state shall, [within 60 days] on or before the first day of the second month after the filing of its articles of incorporation with the secretary of state, [and annually thereafter on or before the last day of the month in which the anniversary date of its incorporation occurs in each year,] file with the secretary of state a list [of its president, secretary and treasurer and all of its directors and a designation of its resident agent in this state, signed by an officer of the corporation.

2.  Upon filing the list of officers and directors and designation of resident agent,] , on a form furnished by him, containing:

3.  Upon filing a list of officers and directors, or certifying that no changes have occurred, the corporation shall pay to the secretary of state a fee of $85.

[3.] 4.  The secretary of state shall, 60 days before the last day for filing the annual list required by subsection [1,] 2, cause to be mailed to each corporation which is required to comply with the provisions of NRS 78.150 to 78.185, inclusive, and which has not become delinquent, [the blank forms to be completed and filed with him.] a notice of the fee due pursuant to subsection 3 and a reminder to file a list of officers and directors or a certification of no change. Failure of any corporation to receive [the forms] a notice or form does not excuse it from the penalty imposed by law.

[4.] 5.  If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective in any respect or the fee required by subsection 3 is not paid, the secretary of state may return the list for correction or payment.

6.  An annual list for a corporation not in default which is received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year.

Sec. 14.  NRS 78.180 is hereby amended to read as follows:

78.180  1.  Except as otherwise provided in subsections 3 and 4, the secretary of state shall reinstate a corporation which has forfeited its right to transact business under the provisions of this chapter and restore to the corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities, if it:

(a) Files with the secretary of state the list [and designation] required by NRS 78.150; and

(b) Pays to the secretary of state:

(1) The annual filing fee and penalty set forth in NRS 78.150 and 78.170 for each year or portion thereof during which its charter was revoked; and

(2) A fee of $50 for reinstatement.

2.  When the secretary of state reinstates the corporation, he shall:

(a) Immediately issue and deliver to the corporation a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and

(b) Upon demand, issue to the corporation one or more certified copies of the certificate of reinstatement.

3.  The secretary of state shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees and penalties.

4.  If a corporate charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.

Sec. 15.  NRS 78.185 is hereby amended to read as follows:

78.185  1.  Except as otherwise provided in subsection 2, if a [corporation’s charter is revoked under the provisions of this chapter or any previous act of the legislature of Nevada and the name of the corporation, or one deceptively similar to it,] corporation applies to reinstate or revive its charter but its name has been legally acquired by another corporation [, a limited partnership or a limited-liability company existing under the laws of this state or a foreign corporation, foreign limited partnership or foreign limited-liability company authorized to transact business in this state, or is a name, the exclusive right to which has been reserved in the manner provided under the laws of this state, before the application of the defaulting corporation for reinstatement, the defaulting] or other artificial person organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose name is on file and in good standing with the secretary of state, the corporation shall in its application for reinstatement submit in writing to the secretary of state some other name under which it desires its corporate existence to be reinstated [.] or revived. If that name is [sufficiently distinctive and different from any name] distinguishable from all other names reserved or otherwise [in use,] on file and in good standing, the secretary of state shall issue to the [defaulting] applying corporation a certificate of reinstatement or revival under that new name.

2.  If the [defaulting] applying corporation submits the written acknowledged consent of the [corporation, limited partnership or limited-liability company using a] artificial person having a name, or the person who has reserved a name, which is [the same as or similar to the defaulting corporation’s] not distinguishable from the old name of the applying corporation or a new name it has submitted, it may be reinstated or revived under that name.

3.  For the purposes of this section, a proposed name is not distinguished from a name used or reserved solely because one or the other contains distinctive lettering, a distinctive mark, a trade-mark or a trade name or any combination of those.

Sec. 16.  NRS 78.755 is hereby amended to read as follows:

78.755  1.  The secretary of state, for services relating to his official duties and the records of his office, shall charge and collect the fees designated in NRS 78.760 to 78.785, inclusive.

2.  The secretary of state may accept the filing of documents by [telecopier] facsimile machine and employ new technology, as it is developed, to aid in the performance of all duties required by law. The secretary of state may establish rules, fee schedules and regulations not inconsistent with law, for filing documents by [telecopier] facsimile machine and for the adoption, employment and use of new technology in the performance of his duties.

Sec. 17.  Chapter 82 of NRS is hereby amended by adding thereto a new section to read as follows:

An incorporator or officer of a corporation may authorize the secretary of state in writing to replace any page of a document submitted for filing on an expedited basis, before the actual filing, and to accept the page as if it were part of the originally signed filing. The signed authorization of the incorporator or officer to the secretary of state permits, but does not require, the secretary of state to alter the original document as requested.

Sec. 18.  NRS 82.096 is hereby amended to read as follows:

82.096  1.  The [secretary of state shall refuse to accept for filing the articles of any corporation whose name is the same as or deceptively similar to the name of a for-profit or nonprofit corporation, limited partnership or limited-liability company existing under the laws of this state or a foreign corporation, foreign limited partnership or foreign limited-liability company authorized to transact business in this state or a name to which the exclusive right is, at the time, reserved in the manner provided under the laws of this state,] name of a corporation must be distinguishable from the names of all other artificial persons organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose names are on file in the office of the secretary of state. If a proposed name is not so distinguishable, the secretary of state shall return the articles of incorporation containing it to the incorporator, unless the written acknowledged consent of the holder of the registered or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.

2.  For the purposes of this section [,] and NRS 82.101, a proposed name is not distinguished from a registered or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trade-mark or a trade name, or any combination of these.

3.  The name of a corporation whose charter has been revoked, whose existence has terminated, which has merged and is not the surviving corporation, or which for any other reason is no longer in good standing in this state is available for use by any other artificial person.

Sec. 19.  NRS 82.141 is hereby amended to read as follows:

82.141  1.  [Every corporation must] A corporation shall have a resident agent in the manner provided in NRS 78.090, 78.095, [subsections 1 to 4, inclusive, of NRS 78.097 and NRS] 78.097 and 78.110. The resident agent and the corporation shall comply with the provisions of those sections.

2.  A corporation [that fails to file a certificate of acceptance executed by the new resident agent within 30 days after the death, resignation or removal of its former resident agent shall be deemed in default and is subject to the provisions of NRS 82.161 and 82.166.] is subject to the provisions of NRS 78.150 to 78.185, inclusive, except that:

Sec. 20.  NRS 82.531 is hereby amended to read as follows:

82.531  1.  The fee for filing articles of incorporation, amendments to or restatements of articles of incorporation, certificates pursuant to NRS 82.061 and section 24 of [this act;] Senate Bill No. 297 of this session and documents for dissolution is $25 for each document.

2.  Except as otherwise provided in NRS [82.146 and 82.171] 82.141 and subsection 1, the fees for filing documents are those set forth in NRS 78.765 to 78.785, inclusive.

Sec. 21.  NRS 82.546 is hereby amended to read as follows:

82.546  1.  Any corporation which did exist or is existing pursuant to the laws of this state may, upon complying with the provisions of NRS [82.171,] 78.150 and 82.141, procure a renewal or revival of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and preexisting debts, duties and liabilities secured or imposed by its original charter and amendments thereto, or its existing charter, by filing:

(a) A certificate with the secretary of state, which must set forth:

(1) The name of the corporation, which must be the name of the corporation at the time of the renewal or revival, or its name at the time its original charter expired.

(2) The name and street address of the resident agent of the filing corporation, and his mailing address if different from his street address.

(3) The date when the renewal or revival of the charter is to commence or be effective, which may be, in cases of a revival, before the date of the certificate.

(4) Whether or not the renewal or revival is to be perpetual, and, if not perpetual, the time for which the renewal or revival is to continue.

(5) That the corporation desiring to renew or revive its charter is, or has been, organized and carrying on the business authorized by its existing or original charter and amendments thereto, and desires to renew or continue through revival its existence pursuant to and subject to the provisions of this chapter.

(b) A list of its president, secretary and treasurer and all of its directors and their post office box and street addresses, either residence or business.

2.  A corporation whose charter has not expired and is being renewed shall cause the certificate to be signed by its president or vice president and secretary or assistant secretary, and acknowledged by those officers before any person authorized by law to administer oaths or affirmations. The certificate must be approved by a majority of the last-appointed surviving directors.

3.  A corporation seeking to revive its original or amended charter shall cause the certificate to be signed by its president or vice president and secretary or assistant secretary, and acknowledged by those officers before any person authorized by law to administer oaths or affirmations. The execution and filing of the certificate must be approved unanimously by the last-appointed surviving directors of the corporation and must contain a recital that unanimous consent was secured. The corporation shall pay to the secretary of state the fee required to establish a new corporation pursuant to the provisions of this chapter.

4.  The filed certificate, or a copy thereof which has been certified under the hand and seal of the secretary of state, must be received in all courts and places as prima facie evidence of the facts therein stated and of the existence and incorporation of the corporation named therein.

Sec. 22.  Chapter 86 of NRS is hereby amended by adding thereto a new section to read as follows:

An organizer, manager or managing member of a limited-liability company may authorize the secretary of state in writing to replace any page of a document submitted for filing on an expedited basis, before the actual filing, and to accept the page as if it were part of the originally signed filing. The signed authorization of the organizer, manager or managing member to the secretary of state permits, but does not require, the secretary of state to alter the original document as requested.

Sec. 23.  NRS 86.171 is hereby amended to read as follows:

86.171  1.  The name of a limited-liability company formed under the provisions of this chapter must contain the words "Limited-Liability Company," "Limited Company," or "Limited" or the abbreviations "Ltd.," "L.L.C.," "L.C.," "LLC" or "LC." The word "Company" may be abbreviated as "Co."

2.  The name [of the company may not be the same as, or deceptively similar to the name of a limited-liability company, limited partnership or corporation existing under the laws of this state or a foreign limited-liability company, foreign limited partnership or foreign corporation authorized to transact business in this state, or a name the exclusive right to which is, at the time, reserved in the manner provided under the laws of this state,] proposed for a limited-liability company must be distinguishable from the names of all other artificial persons organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose names are on file in the office of the secretary of state. If a proposed name is not so distinguishable, the secretary of state shall return the articles of organization to the organizer, unless the written acknowledged consent of the holder of the registered [or reserved] name to use the same name or the requested similar name accompanies the articles of organization.

3.  For the purposes of this section and NRS 86.176, a proposed name is not distinguished from a registered or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trade-mark or a trade name, or any combination of these.

Sec. 24.  NRS 86.263 is hereby amended to read as follows:

86.263  1.  [Each] A limited-liability company shall, on or before the last day of the month in which the anniversary date of its formation occurs , [in each year,] file with the secretary of state , on a form furnished by him, a list [of its managers or, if none, its members, and a designation of its resident agent, signed by a manager or, if there is no manager, by a member of the company.

2.  Upon filing the list of managers or members and designation of resident agent,] containing:

3.  Upon filing the list of managers or managing members, or certifying that no changes have occurred, the limited-liability company shall pay to the secretary of state a fee of $85.

[3.] 4.  The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each limited-liability company required to comply with the provisions of this section, which has not become delinquent, [the blank forms to be completed and filed with him.] a notice of the fee due under subsection 3 and a reminder to file a list of managers or managing members or a certification of no change. Failure of any company to receive [the forms] a notice or form does not excuse it from the penalty imposed by law.

[4.] 5.  If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective or the fee required by subsection 3 is not paid, the secretary of state may return the list for correction or payment.

6.  An annual list [of managers or members and designation of resident agent] for a limited-liability company not in default received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year.

Sec. 25.  NRS 86.276 is hereby amended to read as follows:

86.276  1.  Except as otherwise provided in subsections 3 and 4, the secretary of state shall reinstate any limited-liability company which has forfeited its right to transact business under the provisions of this chapter and restore to the company its right to carry on business in this state, and to exercise its privileges and immunities, if it:

(a) Files with the secretary of state the list [and designation] required by NRS 86.263; and

(b) Pays to the secretary of state:

(1) The annual filing fee and penalty set forth in NRS 86.263 and 86.272 for each year or portion thereof during which its charter has been revoked; and

(2) A fee of $50 for reinstatement.

2.  When the secretary of state reinstates the limited-liability company, he shall:

(a) Immediately issue and deliver to the company a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and

(b) Upon demand, issue to the company one or more certified copies of the certificate of reinstatement.

3.  The secretary of state shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees and penalties.

4.  If a company’s charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.

Sec. 26.  NRS 86.278 is hereby amended to read as follows:

86.278  1.  Except as otherwise provided in subsection 2, if a limited-liability [company’s charter is revoked under the provisions of this chapter and the name of the limited-liability company, or one deceptively similar to it,] company applies to reinstate its charter but its name has been legally acquired or reserved by another limited-liability company [, a limited partnership or a corporation existing under the laws of this state or foreign limited-liability company, foreign limited partnership or foreign corporation authorized to transact business in this state, or is a name the exclusive right to which has been reserved in the manner provided under the laws of this state, before the application of the defaulting limited-liability company for reinstatement, the defaulting company shall in its application for reinstatement] or other artificial person organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose name is on file and in good standing with the secretary of state, the company shall submit in writing to the secretary of state some other name under which it desires its existence to be reinstated. If that name is [sufficiently distinctive and different from any name] distinguishable from all other names reserved or otherwise [in use,] on file and in good standing, the secretary of state shall issue to the [defaulting] applying limited-liability company a certificate of reinstatement under that new name.

2.  If the [defaulting] applying limited-liability company submits the written acknowledged consent of the [limited-liability company, corporation or limited partnership using a] artificial person having the name, or the person reserving [a] the name, which is [the same as or similar to the defaulting limited-liability company’s] not distinguishable from the old name of the applying company or a new name it has submitted, it may be reinstated under that name.

3.  For the purposes of this section, a proposed name is not distinguished from a name used or reserved solely because one or the other contains distinctive lettering, a distinctive mark, a trade-mark or a trade name or any combination of those.

Sec. 27.  Chapter 87 of NRS is hereby amended by adding thereto the provisions set forth as sections 28 and 29 of this act.

Sec. 28.  A managing partner of a registered limited-liability partnership may authorize the secretary of state in writing to replace any page of a document submitted for filing on an expedited basis, before the actual filing, and to accept the page as if it were part of the originally signed filing. The signed authorization of the managing partner to the secretary of state permits, but does not require, the secretary of state to alter the original document as requested.

Sec. 29.  1.  Except as otherwise provided in subsection 2, if a registered limited-liability partnership applies to reinstate its right to transact business but its name has been legally acquired by another registered limited-liability partnership or any other artificial person organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose name is on file and in good standing with the secretary of state, the applying registered limited-liability partnership shall submit in writing to the secretary of state some other name under which it desires its right to transact business to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file and in good standing, the secretary of state shall issue to the applying registered limited-liability partnership a certificate of reinstatement under that new name.

Sec. 30.  NRS 87.450 is hereby amended to read as follows:

87.450  1.  The name of a registered limited-liability partnership must contain the words "Limited-Liability Partnership" or "Registered Limited-Liability Partnership" or the abbreviation "L.L.P." or "LLP" as the last words or letters of the name [.] and must be distinguishable from the names of all other artificial persons organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose names are on file in the office of the secretary of state. If the name of the registered limited-liability partnership on a certificate of registration of limited-liability partnership submitted to the secretary of state is not distinguishable from a name on file, the secretary of state shall return the certificate to the person who signed it unless the written acknowledged consent of the holder of the registered name or reserved name to use the name accompanies the certificate.

Sec. 31.  NRS 87.510 is hereby amended to read as follows:

87.510  1.  A registered limited-liability partnership shall annually, [not more than 60 days] on or before the last day of the month in which the anniversary date of [its registration occurs, file with the secretary of state a list of the names and business addresses of its managing partners in this state and a designation of its resident agent in this state. The information must be submitted on a form prescribed by the secretary of state and signed by a managing partner of the registered limited-liability partnership. The form must be accompanied by] the filing of its certificate of registration of limited partnership or certificate of continuance with the secretary of state occurs, file with the secretary of state, on a form furnished by him, a list containing:

(b) The file number of the registered limited-liability partnership, if known;

3.  Upon filing the list of managing partners, or certifying that no changes have occurred, the registered limited-liability partnership shall pay to the secretary of state a fee of $85.

[2.] 4.  The secretary of state shall, at least 60 days before the last day for filing the annual list required by subsection 1, cause to be mailed to the registered limited-liability partnership [the form required to be completed and filed with the secretary of state pursuant to this section.] a notice of the fee due pursuant to subsection 3 and a reminder to file the annual list of managing partners or a certification of no change. The failure of any registered limited-liability partnership to receive [the] a notice or form does not excuse it from complying with the provisions of this section.

[3.] 5.  If the list to be filed pursuant to the provisions of subsection 1 is defective, or the fee required by subsection 3 is not paid, the secretary of state may return the list for correction or payment.

6.  An annual list that is filed by a registered limited-liability partnership which is not in default more than 60 days before it is due shall be deemed an amended list for the previous year.

Sec. 32.  Chapter 88 of NRS is hereby amended by adding thereto the provisions set forth as sections 33 and 34 of this act.

Sec. 33.  A general partner of a limited partnership may authorize the secretary of state in writing to replace any page of a document submitted for filing on an expedited basis, before the actual filing, and to accept the page as if it were part of the originally signed filing. The signed authorization of the general partner to the secretary of state permits, but does not require, the secretary of state to alter the original document as requested.

Sec. 34.  1.  Except as otherwise provided in subsection 2, if a limited partnership applies to reinstate its right to transact business but its name has been legally acquired by another limited partnership or any other artificial person organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose name is on file and in good standing with the secretary of state, the applying limited partnership shall submit in writing to the secretary of state some other name under which it desires its right to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file and in good standing, the secretary of state shall issue to the applying limited partnership a certificate of reinstatement under that new name.

Sec. 35.  NRS 88.320 is hereby amended to read as follows:

88.320  1.  The name of [each] a limited partnership as set forth in its certificate of limited partnership:

[1.] (a) Must contain without abbreviation the words "limited partnership";

[2.] (b) May not contain the name of a limited partner unless:

[(a)] (1) It is also the name of a general partner or the corporate name of a corporate general partner; or

[(b)] (2) The business of the limited partnership had been carried on under that name before the admission of that limited partner;

[3.  May not be deceptively similar to, the name reserved or otherwise in use by any corporation, limited partnership or limited-liability company organized under the laws of this state or contemplated to be organized in this state, unless the corporation, limited partnership or limited-liability company already bearing or reserving that name files with the secretary of state its written consent to the use of the similar name by the limited partnership whose certificate is offered for filing;

4.  May not be the same as the name reserved or otherwise in use by any corporation or limited partnership organized under the laws of this state or contemplated to be organized in this state; and

5.  May not be the same as or deceptively similar to the name reserved or otherwise in use by any foreign corporation, foreign limited partnership or foreign limited-liability company unless the foreign corporation, foreign limited partnership or foreign limited-liability company already bearing or reserving that name files with the secretary of state its] and

(c) Must be distinguishable from the names of all other artificial persons organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose names are on file in the office of the secretary of state. If the name on the certificate of limited partnership submitted to the secretary of state is not distinguishable from any name on file, the secretary of state shall return the certificate to the filer, unless the written acknowledged consent to the use of the same or the requested similar name [by the limited partnership whose certificate is offered for filing.] of the holder of the registered or reserved name accompanies the certificate of limited partnership.

Sec. 36.  NRS 88.395 is hereby amended to read as follows:

88.395  1.  [Each] A limited partnership shall [,] annually, on or before the last day of the month in which the anniversary date of the filing of its certificate of limited partnership occurs , [in each year,] file with the secretary of state , on a form furnished by him, a list [of its general partners and a designation of its resident agent in this state, signed by a general partner of the limited partnership. The list must, after the name of each general partner listed thereon, set forth his post office box or street address.] containing:

2.  If [addresses are not thus stated for all listed partners on any list offered for filing, the secretary of state may refuse to file it, and] the limited partnership [for which the list has been offered for filing is subject to all the provisions relating to failure to file such a list within or at the times specified, unless such a list is subsequently submitted for filing conformably to the provisions of NRS 88.400.] has had no changes in its general partners since its previous list was filed, no amended list need be filed if a general partner certifies to the secretary of state as a true and accurate statement that no changes in the general partners have occurred.

3.  Upon filing the list of general partners, or certifying that no changes have occurred, the limited partnership shall pay to the secretary of state a fee of $85.

4.  The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each limited partnership required to comply with the provisions of this section which has not become delinquent [the blank forms to be completed and filed with the secretary of state.] a notice of the fee due pursuant to the provisions of subsection 3 and a reminder to file the annual list or a certificate of no change. Failure of any limited partnership to receive [the forms] a notice or form does not excuse it from the penalty imposed by NRS 88.400.

Sec. 37.  NRS 88.410 is hereby amended to read as follows:

88.410  1.  Except as otherwise provided in subsections 3 and 4, the secretary of state may:

(a) Reinstate any limited partnership which has forfeited its right to transact business; and

(b) Restore to the limited partnership its right to carry on business in this state, and to exercise its privileges and immunities,

upon the filing with the secretary of state of the list [and designation] required pursuant to NRS 88.395, and upon payment to the secretary of state of the annual filing fee and penalty set forth in NRS 88.395 and 88.400 for each year or portion thereof during which the certificate has been revoked, and a fee of $50 for reinstatement.

2.  When payment is made and the secretary of state reinstates the limited partnership to its former rights he shall:

(a) Immediately issue and deliver to the limited partnership a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and

(b) Upon demand, issue to the limited partnership one or more certified copies of the certificate of reinstatement.

3.  The secretary of state shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation occurred only by reason of failure to pay the fees and penalties.

4.  If a limited partnership’s certificate has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 years, the certificate must not be reinstated.

Sec. 38.  NRS 88.430 is hereby amended to read as follows:

88.430  1.  Except as provided in subsection 4, a limited partner is not liable for the obligations of a limited partnership unless he is also a general partner or, in addition to the exercise of his rights and powers as a limited partner, he participates in the control of the business. However, if the limited partner participates in the control of the business, he is liable only to persons who transact business with the limited partnership reasonably believing, based upon the limited partner’s conduct, that he is a general partner.

2.  A limited partner does not participate in the control of the business within the meaning of subsection 1 solely by doing one or more of the following:

(a) Being a contractor for or an agent or employee of the limited partnership or of a general partner or being an officer, director or shareholder of a general partner that is a corporation;

(b) Consulting with and advising a general partner with respect to the business of the limited partnership;

(c) Acting as surety for the limited partnership guaranteeing or assuming one or more specific obligations of the limited partnership;

(d) Taking any action required or permitted by law to bring or pursue a derivative action in the right of the limited partnership;

(e) Requesting or attending a meeting of partners;

(f) Proposing, approving or disapproving, by voting or otherwise, one or more of the following matters:

(1) The dissolution and winding up of the limited partnership;

(2) The sale, exchange, lease, mortgage, pledge or other transfer of all or substantially all of the assets of the limited partnership;

(3) The incurrence of indebtedness by the limited partnership other than in the ordinary course of its business;

(4) A change in the nature of the business;

(5) The admission or removal of a general partner;

(6) The admission or removal of a limited partner;

(7) A transaction involving an actual or potential conflict of interest between a general partner and the limited partnership or the limited partners;

(8) An amendment to the partnership agreement or certificate of limited partnership; or

(9) Matters related to the business of the limited partnership not otherwise enumerated in this subsection, which the partnership agreement states in writing may be subject to the approval or disapproval of limited partners;

(g) Winding up the limited partnership pursuant to NRS 88.560; or

(h) Exercising any right or power permitted to limited partners under this chapter and not specifically enumerated in this subsection.

3.  The enumeration in subsection 2 does not mean that the possession or exercise of any other powers by a limited partner constitutes participation by him in the business of the limited partnership.

4.  A limited partner who knowingly permits his name to be used in the name of the limited partnership, except under circumstances permitted by paragraph (b) of subsection [2] 1 of NRS 88.320, is liable to creditors who extend credit to the limited partnership without actual knowledge that the limited partner is not a general partner.

Sec. 39.  1.  NRS 82.146, 82.151, 82.156, 82.161, 82.166, 82.171 and 82.176 are hereby repealed.

2.  NRS 225.160 is hereby repealed.

Sec. 40.  At the end of the 1996-1997 fiscal year, the state controller shall transfer the assets and liabilities, to the extent the assets are not encumbered for the 1996-1997 fiscal year, of the revolving account for the office of the secretary of state that is abolished pursuant to subsection 2 of sec. 39 of this act to the state general fund.

Sec. 41.  1.  This section, section 3, subsection 2 of section 39 and section 40 of this act become effective on July 1, 1997.

2.  Sections 1, 4 to 38, inclusive, and subsection 1 of section 39 of this act become effective on October 1, 1997.

3.  Section 2 of this act becomes effective on October 1, 1997, and expires by limitation on July 1, 1999.

LEADLINES OF REPEALED SECTIONS

82.146  Filing of list of officers and directors and designation of resident agent; fee.

82.151  Mailing of forms; early submission deemed amended list.

82.156  Address of each officer and director required on list; effect of noncompliance.

82.161  Defaulting corporations: Identification; penalty.

82.166  Defaulting corporations: Duties of secretary of state; forfeiture; distribution of assets.

82.171  Defaulting corporations: Conditions and procedure for reinstatement.

82.176  Defaulting corporations: Reinstatement under old or new name.

225.160  Revolving account: Creation; use; reimbursement.".

Senator James moved the adoption of the amendment.

Remarks by Senator James.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 453.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1082.

Amend section 1, page 1, by deleting lines 5 and 6 and inserting:

"2.  The apportionments to a school district may be adjusted during a fiscal year by the department of education, upon approval by the board of examiners and the interim finance committee, if the department of taxation and the county assessor in the county".

Amend section 1, page 1, line 20, after "increased " by inserting: "in accordance with the provisions of this subsection".

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 512.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 1087.

Amend section 1, page 1, line 2, by deleting: "2 to 5, inclusive," and inserting: "2, 3 and 4".

Amend sec. 2, page 1, line 3, by deleting: "2 to 5, inclusive," and inserting: "2, 3 and 4 ".

Amend sec. 3, page 2, by deleting lines 3 through 13 and inserting:

"(a) An agreement by the contractor that he will, before any work is begun on the residential pool or spa:

(II) The structural design of the proposed project is suitable for the properties of the soil at the site of the proposed construction.".

Amend sec. 3, page 2, by deleting lines 21 through 31 and inserting:

"(c) An agreement by the contractor to provide to each subcontractor and supplier, if any, prompt and full payment upon completion of each stage or phase of construction for the contracted amount for or fair market value of materials or services rendered by the subcontractor or supplier. Before requesting payment for the next stage or phase of construction, the contractor shall deliver to the owner an affidavit signed by the subcontractor or supplier which states that full payment has been made for the previous stage or phase of construction. In any action commenced by a subcontractor or supplier to enforce a lien pursuant to chapter 108 of NRS, such an affidavit constitutes a rebuttable presumption of full payment to the subcontractor or supplier for the contracted amount for or fair market value of materials or services rendered by the subcontractor or supplier for that stage or phase of construction.".

Amend sec. 3, page 2, line 32, after "by" by inserting "regulation of ".

Amend sec. 3, page 2, line 41, by deleting "subcontractor;" and inserting: "subcontractor or supplier;".

Amend sec. 4, page 3, line 8, by deleting: "$200 or 2" and inserting: "$1,000 or 10 ".

Amend sec. 4, page 3, by deleting lines 18 through 27 and inserting: "includes, without limitation, work involving excavation, steel, plumbing, gas, electricity, concrete, gunite, shotcrete, tile, plaster, the deck, or pool or spa equipment or accessories, except for the cash deposit or down payment authorized by subsection 1, to receive or establish a schedule of payments that provides for the contractor to receive payments at any time or in any amount other than:

3.  To commence construction without a building permit. If the site of the proposed project is located within an area that has been designated as a special geotechnical consideration area as described in section 3 of this act, the application for a building permit must include, without limitation, an analysis of the soil at the site of the proposed project conducted by a professional engineer who is licensed pursuant to chapter 625 of NRS as required pursuant to section 3 of this act and a document which sets forth the proposed structural design of the project.".

Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 and 7 as sections 5 and 6.

Amend sec. 6, page 3, line 38, by deleting: "October 1, 1997." and inserting: "the effective date of this act.".

Amend the bill as a whole by adding a new section designated sec. 7, following sec. 7, to read as follows:

"Sec. 7.  This act becomes effective upon passage and approval.".

Amend the title of the bill by deleting the fourth and fifth lines and inserting: "providing a penalty; and providing other".

Senator Shaffer moved the adoption of the amendment.

Remarks by Senator Shaffer.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 524.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1052.

Amend section 1, page 1, line 1, by deleting "1.  The" and inserting:

"1.  Except as otherwise provided in subsection 5, the".

Amend section 1, page 1, after line 20, by inserting:

"5.  The provisions of this section do not require the development or approval of criteria for a business plan for use by a state agency for a project to construct a highway or any other public work.".

Amend the title of the bill to read as follows:

"An Act relating to state financial administration; requiring the development of criteria for certain business plans for use in future state budget processes; and providing other matters properly relating thereto.".

Amend the summary of the bill, first line, by deleting "business plan" and inserting: "certain business plans".

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

GENERAL FILE AND THIRD READING

Senate Bill No. 488.

Bill read third time.

Remarks by Senator Titus.

Roll call on Senate Bill No. 488:

Yeas—19.

Nays—Coffin, Neal—2.

Senate Bill No. 488 having received a constitutional majority, Mr. President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 3.

Bill read third time.

Roll call on Senate Bill No. 3:

Yeas—21.

Nays—None.

Senate Bill No. 3 having received a constitutional majority, Mr. President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 40.

Bill read third time.

Roll call on Senate Bill No. 40:

Yeas—21.

Nays—None.

Senate Bill No. 40 having received a constitutional majority, Mr. President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 211.

Bill read third time.

Roll call on Senate Bill No. 211:

Yeas—19.

Nays—Coffin, Titus—2.

Senate Bill No. 211 having received a constitutional majority, Mr. President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 261.

Bill read third time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 1081.

Amend the bill as a whole by deleting sections 1 through 1.7 and adding a new section designated section 1, following the enacting clause, to read as follows:

"Section 1.  Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

1.  The principal of a school shall report to the appropriate local law enforcement agency the name of any pupil enrolled in that school who is a habitual truant.

4.  The citation must be in the form prescribed for misdemeanor citations in NRS 171.1773.".

Amend the title of the bill to read as follows:

"An Act relating to pupils; requiring the principal of a school to report to the appropriate local law enforcement agency the name of any pupil enrolled in the school who is a habitual truant; requiring a juvenile court to take certain actions against a pupil who is found to be a habitual truant; requiring the board of trustees of each school district to conduct a study to determine the feasibility of establishing a policy that requires pupils to remain on the school grounds during the period the pupils are required to be in school; and providing other matters properly relating thereto.".

Senator Adler moved the adoption of the amendment.

Remarks by Senator Adler.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator McGinness moved that Senate Bill No. 397 be taken from the General File and placed on General File for the next legislative day.

Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 458.

Bill read third time.

Remarks by Senator Porter.

Roll call on Senate Bill No. 458:

Yeas—21.

Nays—None.

Senate Bill No. 458 having received a constitutional majority, Mr. President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 485.

Bill read third time.

Roll call on Senate Bill No. 485:

Yeas—21.

Nays—None.

Senate Bill No. 485 having received a constitutional majority, Mr. President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 665.

Bill read third time.

Remarks by Senator Raggio.

Roll call on Assembly Bill No. 665:

Yeas—21.

Nays—None.

Assembly Bill No. 665 having received a constitutional majority, Mr. President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 26.

Bill read third time.

Remarks by Senator Coffin.

Conflict of interest declared by Senator Coffin.

Roll call on Assembly Bill No. 26:

Yeas—18.

Nays—None.

Not Voting—Coffin, James, Raggio—3.

Assembly Bill No. 26 having received a constitutional majority, Mr. President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 126.

Bill read third time.

Roll call on Assembly Bill No. 126:

Yeas—14.

Nays—Adler, Augustine, Coffin, James, Mathews, Titus, Wiener—7.

Assembly Bill No. 126 having received a constitutional majority, Mr. President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 198.

Bill read third time.

Remarks by Senators Adler and Raggio.

Roll call on Assembly Bill No. 198:

Yeas—20.

Nays—Augustine.

Assembly Bill No. 198 having received a constitutional majority, Mr. President declared it passed.

Bill ordered transmitted to the Assembly.

SPECIAL ORDERS OF THE DAY

Veto Messages of the Governor

The hour of 2:00 p.m. having arrived, Vetoed Senate Bill No. 127 of the 69th Session was considered.

Vetoed Senate Bill No. 127 of the 69th Session.

Bill read.

Governor’s message stating his objections read.

MESSAGES FROM THE GOVERNOR

State of Nevada

Executive Chamber

Carson City, Nevada

July 1, 1997

Dear Senator Raggio:

I am herewith forwarding to you, for filing within the Constitutional time limit, and without my approval, Senate Bill No. 127, entitled:

Senate Bill 127 would upset the balance between prudent hunting and fishing and the preservation of wildlife throughout the state. It reflects the efforts of special interests who desire to control a statewide agency to suit their limited purpose of creating an imbalance between hunting and fishing and wildlife preservation.

Current law provides the necessary balance between hunting and fishing and wildlife management. Senate Bill No. 127 would usurp the authority of the chief executive to select individuals best qualified to assure that balance.

Sincerely,

Bob Miller

Governor

The question was put: "Shall the bill pass, notwithstanding the objections of the Governor?"

Remarks by Senator Rhoads.

The roll was called, and the Senate sustained the veto of the Governor by the following vote:

Roll call on Senate Bill No. 127 of the 69^th Session:

Nays—Coffin, Jacobsen, James, Mathews, Neal, Rawson, Schneider, Shaffer, Titus, Townsend, Wiener—11.

GENERAL FILE AND THIRD READING

Assembly Bill No. 210.

Bill read third time.

Roll call on Assembly Bill No. 210:

Yeas—21.

Nays—None.

Assembly Bill No. 210 having received a constitutional majority, Mr. President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 419.

Bill read third time.

Remarks by Senator Neal.

Senator Neal requested that the following memorandum from the Gaming Control Board be entered in the Journal.

Date: June 30, 1997

To: The Honorable Joseph M. Neal, Jr., Nevada State Senate

From: Gregory Gale, Chief—Audit Division, State Gaming Control Board

Pursuant to Gaming Control Board (GCB) Chairman Bill Bible’s request, I have prepared this memorandum to provide an overview of the disagreement that has arisen between the Board and the Nevada Resort Association (NRA) regarding sections 3 and 4 of Assembly Bill No. 419 (definitions of "representative of value" and "wager"). The disagreement involves the following three primary areas of dispute:

Dispute # 1—Was Senate Bill No. 399 (1995 Legislature) and the resultant change to NRS 463.0161(2)© meant to apply to nonnegotiable chips, coupons, and other promotional activity?

GCB position—No. The NRA originally proposed this bill last session to resolve a tax dispute regarding the taxing of negotiable chips given away free to high rollers which were subsequently won back. The NRA and the Legislature agreed that taxes should not be paid on chips the casino won back from the patron for which the casino did not end up cash ahead. Unfortunately, the NRA did not define "representative of value", nor did they clarify in law if payouts on such wagering activity were deductible from gross revenue. Hence, the Board’s attempt to define "representative of value" and "wager" this session.

NRA position—Yes. Although Senate Bill No. 399 initially was meant to address the giveaway negotiable chip issue, through oral testimony they attempted to expand the bill to promotional coupons. Additionally, during a few hours of legislative testimony the NRA used the term "nonnegotiable chips" a couple of times, giving some credibility to their argument that the bill applied to both negotiable and nonnegotiable items.

Dispute #2—Should casinos be able to reduce their gross revenue fees for payouts made as a result of promotional wagering of nonnegotiable chips, tokens, or coupons that have no redemption value?

GCB position—No. If the representatives of value have no redemption value (i.e., patron cannot redeem for cash/merchandise), they are worthless and strictly promotional in nature. Patron risks nothing when they are wagered. This is not gambling—payouts should not be deductible. There is no difference between this type of payout, and promotional drawings, paycheck wheel prizes, casino room/food/beverage comps, and other nondeductible payouts made by a casino.

NRA position—Yes. Although coupons and other nonnegotiable items may not have redemption value, they have wagering value that can provide cash to the patron if they win their bets. Therefore, the NRA considers these items to be "representatives of value". A secondary argument was made that these items may be bartered or sold to other patrons who recognize they have wagering value.

Dispute #3—What is the fiscal impact of Assembly Bill No. 419 should the NRA’s first reprint wording be adopted?

GCB position—$1.25 - $2.5 million annually. There are currently 427 nonrestricted gaming operations in Nevada that pay gross revenue fees. All but a small number of NRA casinos do not deduct payouts on promotional wagers. If the first reprint wording is adopted, approximately 420 casinos may begin deducting these promotional payouts. We believe our fiscal impact is conservative; however, the estimates depend greatly on how many casinos take advantage of this new deduction if the bill is passed.

NRA position—No fiscal impact. We believe the NRA is taking this position due to their belief that all casinos in the state have been deducting promotional payouts since the adoption of Senate Bill No. 399 during the 1995 Legislature. As stated above, only a few NRA casinos have taken these promotional deductions over the last two years. In fact, three NRA casinos have deducted approximately $7 million in nonnegotiable chip payouts in about a year’s period of time, reducing their gross revenue fees by approximately $437,000.

Conclusion—If the original wording in Assembly Bill No. 419 is adopted, the status quo will be maintained. If the NRA’s first reprint wording is adopted, the Legislature will be authorizing a major change in gaming tax policy that has been in effect for over two decades. Regardless of which proposal is adopted, it is important that the definitions be clearly legislated so that the Board and casino industry can operate under the same requirements.

Roll call on Assembly Bill No. 419:

Yeas—13.

Nays—Adler, Neal, Titus, Wiener—4.

Not Voting—Coffin, O'Connell, Raggio, Regan—4.

Assembly Bill No. 419 having received a constitutional majority, Mr. President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 456.

Bill read third time.

Roll call on Assembly Bill No. 456:

Yeas—21.

Nays—None.

Assembly Bill No. 456 having received a constitutional majority, Mr. President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 457.

Bill read third time.

Roll call on Assembly Bill No. 457:

Yeas—21.

Nays—None.

Assembly Bill No. 457 having received a constitutional majority, Mr. President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 521.

Bill read third time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 1099.

Amend sec. 134, page 47, line 9, after the period by inserting: "The provisions of this subsection do not apply to any health benefit plan in any case in which the decision to discharge the mother or newborn infant before the expiration of the minimum length of stay set forth in this subsection is made by the attending physician of the mother or newborn infant.".

Amend sec. 134, page 47, by deleting lines 13 through 17.

Amend the bill as a whole by adding a new section designated sec. 221.7, following sec. 221.5, to read as follows:

"Sec. 221.7.  Section 9 of Assembly Bill No. 348 of this session is hereby amended to read as follows:

Amend sec. 222, page 89, line 12, by deleting "689C.410" and inserting:

"689C.410, and section 4 of Assembly Bill No. 348 of this session,".

Amend the text of repealed sections by adding the text of section 4 of Assembly Bill No. 348 of this session.

Senator Townsend moved the adoption of the amendment.

Remarks by Senator Townsend.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 646.

Bill read third time.

Roll call on Assembly Bill No. 646:

Yeas—21.

Nays—None.

Assembly Bill No. 646 having received a constitutional majority, Mr. President declared it passed.

Bill ordered transmitted to the Assembly.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, July 2, 1997

I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 3, 183, 376, 584, 611, 632.

Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 328, and respectfully requests your honorable body to concur in said amendment.

Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate amendments to Assembly Bills Nos. 204, 266.

Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 242 and requests a conference, and appointed Assemblymen Buckley, Giunchigliani and Close as a first Committee on Conference to meet with a like committee of the Senate.

Jacqueline Sneddon

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 3.

Senator Rawson moved that the bill be referred to the Committee on Transportation.

Motion carried.

Assembly Bill No. 183.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

Assembly Bill No. 376.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

Assembly Bill No. 584.

Senator Rawson moved that the bill be referred to the Committee on Transportation.

Motion carried.

Assembly Bill No. 611.

Senator Rawson moved that the bill be referred to the Committee on Taxation.

Motion carried.

Assembly Bill No. 632.

Senator Rawson moved that the bill be referred to the Committee on Legislative Affairs and Operations.

Motion carried.

Senator Raggio moved that the Senate recess until 5:00 p.m.

Motion carried.

Senate in recess at 2:26 p.m.

SENATE IN SESSION

At 5:42 p.m.

President Hammargren presiding.

Quorum present.

REPORTS OF COMMITTEES

Your Committee on Commerce and Labor, to which were referred Senate Bill No. 400; Assembly Bill No. 466, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Randolph J. Townsend, Chairman

Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 549, 581, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Randolph J. Townsend, Chairman

Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 460, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond D. Rawson, Chairman

Your Committee on Legislative Affairs and Operations, to which were referred Senate Concurrent Resolution Nos. 10, 21, 60; Assembly Concurrent Resolution No. 28, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.

Kathy Augustine, Chairman

Your Committee on Natural Resources, to which was referred Assembly Bill No. 405, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Dean A. Rhoads, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, July 2, 1997

I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 63.

Jacqueline Sneddon

MOTIONS, RESOLUTIONS AND NOTICES

By the Committee on Legislative Affairs and Operations:

Senate Concurrent Resolution No. 10.

The following amendment was proposed by the Committee on Legislative Affairs and Operations:

Amendment No. 1107.

Amend the resolution, page 1, line 14, by deleting "fines" and inserting "fines, forfeitures".

Amend the resolution, page 1, line 20, by deleting "fines" and inserting "fines, forfeitures".

Amend the resolution, page 1, line 22, after "2." by inserting: "Whether the courts are collecting all the fees, fines, forfeitures and administrative assessments imposed and, if not, recommend procedures to ensure that all fees, fines, forfeitures and administrative assessments imposed are collected;

3.".

Amend the resolution, page 1, line 24, by deleting " "fine" " and inserting " "fine," "forfeiture" ".

Amend the resolution, page 2, line 1, by deleting "3." and inserting "4.".

Amend the resolution, page 2, line 2, by deleting "fines" and inserting "fines, forfeitures".

Amend the preamble of the resolution, page 1, line 2, by deleting "fines" and inserting "fines, forfeitures".

Amend the preamble of the resolution, page 1, line 5, by deleting " "fine" " and inserting " "fine," "forfeiture" ".

Amend the preamble of the resolution, page 1, line 9, by deleting "fines" and inserting "fines, forfeitures".

Amend the title of the resolution, second line, by deleting "fines" and inserting "fines, forfeitures".

Amend the summary of the resolution, first line, by deleting "fines" and inserting "fines, forfeitures".

Senator Augustine moved the adoption of the amendment.

Remarks by Senator Augustine.

Amendment adopted,

Resolution ordered reprinted, engrossed and to the Resolution File.

By the Committee on Legislative Affairs and Operations:

Senate Concurrent Resolution No. 21.

The following amendment was proposed by the Committee on Legislative Affairs and Operations:

Amendment No. 1103.

Amend the resolution, page 1, by deleting lines 23 and 24 and inserting:

"CONCURRING, That the Department of Motor Vehicles and Public Safety is hereby urged to conduct a study of the feasibility of separating the Police Officers’ ".

Amend the resolution, page 2, by deleting lines 12 through 17 and inserting:

"RESOLVED, That on or before October 1, 1998, the Department of Motor Vehicles and Public Safety submit a report of its findings and any recommendations for legislation to the Director of the Legislative Counsel Bureau for distribution to the members of the 70th session of the".

Amend the title of the resolution, first and second lines, by deleting: "Directing the Legislative Commission to conduct an interim" and inserting: "Urging the Department of Motor Vehicles and Public Safety to conduct a".

Amend the summary of the resolution by deleting the first line and inserting:

"Summary—Urges Department of Motor Vehicles and Public Safety to conduct study of feasibility of ".

Senator Augustine moved the adoption of the amendment.

Remarks by Senator Augustine.

Amendment adopted,

Resolution ordered reprinted, engrossed and to the Resolution File.

By the Committee on Commerce and Labor:

Senate Concurrent Resolution No. 60.

The following amendment was proposed by the Committee on Legislative Affairs and Operations:

Amendment No. 1106.

Amend the resolution, page 2, line 10, after "1." by inserting: "The statutes of this state and other states, including, without limitation, the provisions of chapter 433A of NRS, that establish criteria for determining whether a person is mentally ill for the purposes of evaluation, treatment and outpatient civil commitment;

2.".

Amend the resolution, page 2, line 12, by deleting "2." and inserting "3.".

Amend the resolution, page 2, line 14, by deleting "3." and inserting "4.".

Amend the resolution, page 2, line 16, by deleting "4." and inserting "5.".

Amend the title of the resolution, second line, after "study" by inserting: "of the statutes of this state and other states that establish criteria for determining whether a person is mentally ill and".

Amend the summary of the resolution to read as follows:

"Summary—Requires Legislative Commission to conduct interim study relating to mentally ill persons. (BDR R-1592)".

Senator Augustine moved the adoption of the amendment.

Remarks by Senator Augustine.

Amendment adopted.

Resolution ordered reprinted, engrossed and to the Resolution File.

Assembly Concurrent Resolution No. 28.

The following amendment was proposed by the Committee on Legislative Affairs and Operations:

Amendment No. 1104.

Amend the resolution, pages 1 and 2, by deleting lines 13 through 23 on page 1 and lines 1 through 12 on page 2 and inserting: "directed to study:

1.  The laws and other factors which relate to the availability and affordability of insurance for health care for residents of this state;

2.  The long-term health care needs of the persons living in the State of Nevada; and

3.  The availability of insurance for long-term care in the State of Nevada; and be it further

RESOLVED, That the study must include a review of:

1.  For the portion of the study pertaining to the availability and affordability of insurance for health care for residents of this state:

(a) The impact and effectiveness of the current laws of the State of Nevada concerning:

(1) The use and availability of basic health insurance plans and voluntary purchasing groups for small employers;

(2) The implementation of medical savings accounts; and

(3) Access and care for indigent persons;

(b) The impact of the federal Health Insurance Portability and Accountability Act of 1996 on uninsured employees in this state; and

(c) Reforms in laws relating to insurance for health care enacted in other states;

2.  For the portion of the study pertaining to the long-term health care needs of the persons living in the State of Nevada:

(a) The availability and affordability of home-health care for persons in this state and the effectiveness of the coverage of Medicare and Medicaid relating to the expenses incurred for long-term health care;

(b) The financial impact on the families of persons who require long-term health care;

(c) The effectiveness and availability of agencies that provide health care in the home and whether that health care is affordable for the majority of the residents of this state;

(d) Whether the programs that provide hospice care are providing adequate physical, psychological, custodial and spiritual care for persons who are terminally ill;

(e) Whether current licensing requirements for persons providing long-term health care are sufficient; and

(f) Whether programs that are currently available within the University and Community College System of Nevada meet the educational needs of the staff required for nursing care facilities and for home-health care; and

3.  For the portion of the study pertaining to the availability of insurance for long-term care in the State of Nevada:

(a) The estimated need for insurance for long-term care in Nevada;

(b) The availability of policies for long-term care from insurance companies licensed to provide insurance to residents of this state;

(c) The affordability of such policies;

(d) How the programs by which other states offer such policies to public employees, with an examination of the California Partnership for Long-Term Care;

(e) Partnership models from other states, including other "pooling" and "grouping" systems which allow employees to receive discounted rates; and

(f) Strategies and systems for increasing the availability and affordability of such policies to workers in this state through insurance programs provided by employers and other mechanisms; and be it further

RESOLVED, That no action may be taken by the Legislative Committee on Health Care on proposed legislation recommended as a result of this study unless it receives a majority vote of the Senators on the committee and a majority vote of the Assemblymen on the committee; and be it further

RESOLVED, That the Legislative Committee on Health Care shall report the findings of the study and any recommendations for legislation to the 70th session of the Nevada Legislature.".

Amend the preamble of the resolution, page 1, by deleting lines 1 through 10 and inserting:

"WHEREAS, The Nevada Legislature and Congress have passed legislation in past years that has addressed several aspects of the issues related to increasing the access to insurance for health care for employees whose employers do not provide health insurance; and

WHEREAS, New provisions were added to chapter 689C of NRS during the 1995 Legislative Session that allowed employers of 25 or fewer employees to join and form larger groups in an effort to reduce the high cost of group insurance for those small employers; and

WHEREAS, The Nevada State Medical Association has suggested that those provisions be expanded from employers of 25 or fewer employees to include all employers and self-employed workers; and

WHEREAS, Exemptions from the business tax have been proposed, as an incentive to small business employers who provide insurance for health care to their employees; and

WHEREAS, Suggested reforms encourage the establishment of "risk pools" and medical savings accounts as alternatives to existing health insurance plans to improve coverage of persons with medical conditions which make the purchase of health insurance extremely difficult; and

WHEREAS, The objective of such reforms is to provide full access to insurance for health care for all residents of the State of Nevada; and

WHEREAS, The population of the State of Nevada has experienced unprecedented growth and a large percentage of this growth is attributable to elderly persons who have chosen to retire in this state; and

WHEREAS, The health care needs of this growing segment of the population must be addressed to ensure that their needs are met with the best resources available within this state; and

WHEREAS, It is important to determine the availability of services and facilities that are required for long-term health care within the State of Nevada to ensure the good health and well-being of all the residents of this state; and

WHEREAS, An estimated 53 percent of all elderly persons will need the services of a nursing home at some time in their life; and

WHEREAS, According to the California Partnership for Long-Term Care, approximately 44 percent of the elderly persons who are placed in a nursing home stay 12 months or less, 22 percent stay between 1 and 3 years, 13 percent stay between 3 and 5 years and 21 percent stay 5 years or more; and

WHEREAS, The average cost of long-term care for elderly persons in the United States is approximately $35,000 per year, and that cost is expected to rise by an estimated 7 percent annually according to the United States Congressional Study on Aging; and

WHEREAS, Medicare provides some coverage for persons who are 65 years or older for home care and nursing facilities; and

WHEREAS, The growing number of elderly persons in need of long-term care is of grave concern to this legislative body; now, therefore, be it".

Amend the title of the resolution by deleting the third line and inserting: "Nevada and the availability of insurance for health care.".

Amend the summary of the resolution to read as follows:

"Summary—Directs Legislative Committee on Health Care to study long-term health care needs of residents of State of Nevada and availability of insurance for health care. (BDR R-1630)".

Senator Augustine moved the adoption of the amendment.

Remarks by Senator Augustine.

Amendment adopted,

Resolution ordered reprinted, re-engrossed and to the Resolution File.

SECOND READING AND AMENDMENT

Senate Bill No. 400.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 1038.

Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

"Section 1.  1.  The Nevada Legislature hereby urges:

(a) Congress to address the problem of child labor, both in the United States and abroad;

(b) Congress to support the adoption of the International Labor Organization convention on the elimination of child labor resulting from the 86th and 87th congressional sessions of the International Labor Organization in 1998 and 1999, respectively; and

(c) Businesses in the State of Nevada not to sell products made through the labor of children.

2.  The Secretary of the Senate shall prepare and transmit a copy of this act to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representative and each member of the Nevada Congressional Delegation.

Sec. 2.  This act becomes effective upon passage and approval.".

Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:

"WHEREAS, Throughout the world, an estimated 200 million children are at work, with many of them working under intolerable conditions; and

WHEREAS, Child labor distorts and degrades an entire society, where children are cheated out of their childhoods, denied even the most basic education and set out, often at an early age, to difficult and dangerous work at pitifully low wages; and

WHEREAS, This abuse of children prevents many grown men and women from finding work because employers would rather hire and exploit their sons and daughters; and

WHEREAS, Children as young as 6 years of age work 15 hours a day, 7 days a week, scrambling for food, drugged to enable them to work longer and faster and often bent, cowed and crippled from overwork, accidents and starvation; and

WHEREAS, At a time when new technologies allow monetary investments to cross national borders with a keystroke on a computer and where capital can shop the world for the least expensive and most vulnerable workers, citizens of the United States must ensure that human values such as the dignity of working men and women and the dreams for their children continue to be honored; and

WHEREAS, International economic competition must not be allowed to degenerate into a race to the bottom where standards under which most people live are sacrificed for the private profit of a privileged few; and

WHEREAS, Companies in the United States must be held accountable for the actions of their contractors at home and abroad; and

WHEREAS, Persons in business, labor and government in our country need to do more by taking action against sweatshops and child labor in our own country as well as in other countries in the world; now, therefore,".

Amend the title of the bill to read as follows:

"An Act relating to child labor; urging Congress to address problem of child labor; urging businesses not to sell products made through the labor of exploited children; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"Summary—Urges Congress to address problem of child labor. (BDR S-991)".

Senator James moved the adoption of the amendment.

Remarks by Senator James.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 460.

Bill read second time.

The following amendment was proposed by the Committee on Human Resources and Facilities:

Amendment No. 1083.

Amend sec. 6, page 2, line 17, by deleting "recipients; and" and inserting "recipients;".

Amend sec. 6, page 2, line 19, by deleting "608." and inserting: "608; and

(c) Encourage recipients to expand their future opportunities for employment by continuing their education.".

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 466.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 1090.

Amend sec. 3, page 3, line 19, by deleting "January" and inserting "July".

Senator Townsend moved the adoption of the amendment.

Remarks by Senator Townsend.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

GENERAL FILE AND THIRD READING

Senate Bill No. 427.

Bill read third time.

The following amendment was proposed by the Committee on Human Resources and Facilities:

Amendment No. 1098.

Amend section 1, page 2, line 31, by deleting: "the medically indigent" and inserting "Medicaid".

Amend the bill as a whole by deleting sec. 5 and inserting:

"Sec. 5.  (Deleted by amendment.)".

Amend sec. 8, page 3, line 2, by deleting: "assistance to the medically indigent" and inserting "Medicaid ".

Amend sec. 8, page 3, lines 4 and 5, by deleting: "assistance to the medically indigent." and inserting "Medicaid.".

Amend sec. 14.2, pages 8 and 9, by deleting lines 1 through 44 on page 8 and lines 1 through 31 on page 9 and inserting:

"Sec. 14.2.  NRS 200.5093 is hereby amended to read as follows:

200.5093  1.  A person required to make a report pursuant to this section shall make the report immediately, but in no event later than 24 hours after there is reason to believe that an older person has been abused, neglected, exploited or isolated. The report must be made to:

(a) The local office of the aging services division [or the division of health care financing and policy] of the department of human resources;

(b) A police department or sheriff’s office;

(c) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

(d) A toll-free telephone service designated by the aging services division of the department of human resources.

If the report of abuse, neglect, exploitation or isolation of an older person involves an act or omission of the aging services division, another division of the department of human resources or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.

2.  Reports must be made by the following persons who, in their professional or occupational capacities, know or have reason to believe that an older person is being or has been abused, neglected, exploited or isolated:

(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician’s assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.

(c) A coroner.

(d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from the offender during a confession.

(e) Every person who maintains or is employed by an agency to provide nursing in the home.

(f) Every attorney, unless he has acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from a client who has been or may be accused of such abuse, neglect, exploitation or isolation.

(g) Any employee of the department of human resources.

(h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.

(k) Every social worker.

(l) Any person who owns or is employed by a funeral home or mortuary.

3.  A report may be filed by any other person.

4.  A person required to make a report pursuant to this section who has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation shall report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the aging services division of the department of human resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

5.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the aging services division of the department of human resources, must be forwarded to the aging services division within 90 days after the completion of the report.

6.  If the investigation of the report results in the belief that the older person is abused, neglected, exploited or isolated, the department of human resources or the county’s office for protective services may provide protective services to the older person if he is able and willing to accept them.

7.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.".

Amend sec. 25, page 12, lines 4 and 5, by deleting: "public assistance to the medically indigent;" and inserting "Medicaid;".

Amend sec. 25, page 12, lines 7 and 8, by deleting: "assistance to the medically indigent." and inserting "Medicaid.".

Amend sec. 27, page 13, line 6, by deleting: "assistance to the medically indigent" and inserting "Medicaid ".

Amend sec. 30, page 13, line 25, after "inclusive," by inserting: "[and] section 2 of [this act,] Assembly Bill No. 13 of this session".

Amend sec. 30.5, page 13, line 31, by deleting: "Assistance to the medically indigent;" and inserting "Medicaid;".

Amend sec. 31, page 13, line 42, by deleting: "Assistance to the medically indigent;" and inserting "Medicaid;".

Amend sec. 44, page 17, lines 43 and 44, by deleting: "assistance to the medically indigent." and inserting "Medicaid.".

Amend sec. 46, page 19, line 11, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 48, page 19, lines 31 and 32, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 54.5, page 21, line 36, by deleting: "Assistance to the medically indigent;" and inserting "Medicaid;".

Amend sec. 55, page 22, line 27, by deleting: "Assistance to the medically indigent;" and inserting "Medicaid;".

Amend sec. 58, page 23, by deleting line 23 and inserting: "422.285  The department, through the [welfare".

Amend sec. 58, page 23, line 25, by deleting: "assistance to the medically indigent," and inserting "Medicaid,".

Amend sec. 60, page 24, line 12, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 61, page 25, line 21, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 61, page 25, line 26, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 61, page 25, line 27, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 61, page 25, line 41, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 61, page 26, line 1, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 61, page 26, line 6, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 61, page 26, lines 16 and 17, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 61, page 26, line 20, by deleting: "the assistance to the medically indigent;" and inserting "Medicaid;".

Amend sec. 61, page 26, lines 21 and 22, by deleting: "the assistance to the medically indigent;" and inserting "Medicaid;".

Amend sec. 61, page 26, lines 23 and 24, by deleting: "the assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 61, page 26, lines 26 and 27, by deleting: "the assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 62, page 26, lines 31 and 32, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 65, page 28, line 5, after "the" by inserting "state".

Amend sec. 65, page 28, line 6, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 65, page 28, by deleting lines 10 and 11 and inserting: "and policy against a provider of services under the state plan for Medicaid,".

Amend sec. 66, page 28, by deleting line 15 and inserting: "services under the state plan for Medicaid, the [welfare]".

Amend sec. 72, page 31, lines 6 and 7, by deleting: "assistance to the medically indigent," and inserting "Medicaid,".

Amend sec. 72, page 31, line 16, by deleting: "assistance to the medically indigent." and inserting "Medicaid.".

Amend sec. 73, page 31, line 25, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 73, page 31, lines 39 and 40, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend the bill as a whole by adding new sections designated sections 80.1 through 80.3, following sec. 80, to read as follows:

"Sec. 80.1.  Section 7 of Assembly Bill No. 242 of this session is hereby amended to read as follows:

Sec. 80.2.  Section 13 of Assembly Bill No. 242 of this session is hereby amended to read as follows:

Sec. 80.3.  Section 14 of Assembly Bill No. 242 of this session is hereby amended to read as follows:

Amend sec. 88, page 43, line 14, by deleting: "assistance to the medically indigent" and inserting "Medicaid".

Amend sec. 89, page 43, by deleting lines 30 through 33 and inserting:

"Sec. 89.  1.  This section and sections 2 to 14.1, inclusive, 14.3 to 29, inclusive, 32 to 43, inclusive, 45, 47, 49 to 54, inclusive, 56, 57, 59, 63, 64, 67 to 71, inclusive, and 74 to 88, inclusive, of this act become effective on July 1, 1997.

2.  Sections 1, 30, 30.5, 44, 46, 48, 54.5, 58, 60, 61, 62, 65, 66, 72 and 73 of this act become effective at 12:01 a.m. on July 1, 1997.

3.  Sections 31 and 55 of this act become effective at 12:02 a.m. on July".

Amend sec. 89, page 43, line 35, by deleting "3." and inserting "4.".

Amend sec. 89, page 44, line 1, by deleting "4." and inserting "5.".

Amend sec. 89, page 44, line 2, by deleting "80," and inserting "80.3,".

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 405.

Bill read third time.

Roll call on Assembly Bill No. 405:

Yeas—20.

Nays—Augustine.

Assembly Bill No. 405 having received a constitutional majority, Mr. President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 549.

Bill read third time.

Roll call on Assembly Bill No. 549:

Yeas—20.

Nays—None.

Not Voting—James.

Assembly Bill No. 549 having received a constitutional majority, Mr. President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 581.

Bill read third time.

Roll call on Assembly Bill No. 581:

Conflict of interest declared by Senator Adler.

Yeas—17.

Nays—Augustine, Coffin, O'Connell—3.

Not Voting—Adler.

Assembly Bill No. 581 having received a constitutional majority, Mr. President declared it passed.

Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Consideration of Assembly Amendments

Senate Bill No. 150.

The following Assembly amendment was read:

Amendment No. 1033.

Amend section 1, page 2, line 3, after "refrigeration" by inserting ", heating".

Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 150.

Remarks by Senator Townsend.

Motion carried.

Bill ordered enrolled.

Senate Bill No. 275.

The following Assembly amendment was read:

Amendment No. 932.

Amend section 1, page 1, by deleting line 4 and inserting: "employment at one location in this state shall conduct a study to determine the desirability of and need for child care and the feasibility".

Amend section 1, page 1, line 7, after the semicolon by deleting "or".

Amend section 1, page 1, line 9, by deleting "care," and inserting: "care; or

(c) Furnishing child care that is accessible to persons with special needs, including, without limitation, persons with disabilities and persons who need child care to be available 24 hours a day or on weekends,".

Amend the bill as a whole by adding a new section designated sec. 5, following sec. 4, to read as follows:

"Sec. 5.  This act expires by limitation on June 30, 1999.".

Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 275.

Remarks by Senator Neal.

Motion carried.

Bill ordered enrolled.

Senate Bill No. 363.

The following Assembly amendment was read:

Amendment No. 926.

Amend section 1, page 2, line 6, by deleting "bid." and inserting: "bid, except when requested by the public agency for:

A document furnished to a public agency pursuant to this paragraph is confidential and must be returned to the bidder.".

Amend the title of the bill, third line, by deleting "bid;" and inserting: "bid in certain circumstances;".

Senator O'Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 363.

Remarks by Senator O'Connell.

Motion carried.

Bill ordered enrolled.

Senate Bill No. 113.

The following Assembly amendment was read:

Amendment No. 1018.

Amend the bill as a whole by deleting sections 1 through 16 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

"Section   Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

4.  The department and its officers, employees and independent contractors are immune from liability for damages arising from an act or omission that allows an offender to possess or receive a publication that is prohibited pursuant to this section.

Sec.   NRS 212.187 is hereby amended to read as follows:

212.187  1.  [It is unlawful for:

(a)] A prisoner who is in lawful custody or confinement [to engage voluntarily] , other than residential confinement, and who voluntarily engages in sexual conduct with [a person who has custody of him or an employee of the institution in which he is confined; or

(b)] another person is guilty of a category D felony and shall be punished as provided in NRS 193.130.

2.  A person who [has custody of a prisoner or who is an employee of an institution in which a prisoner is confined, to engage] voluntarily engages in sexual conduct with a prisoner [.

2.] who is in lawful custody or confinement, other than residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

3.  As used in this section, " sexual [conduct means] conduct":

(a) Includes acts of masturbation, homosexuality, sexual intercourse or physical contact with [another’s] another person’s clothed or unclothed genitals or pubic area [.] to arouse, appeal to or gratify the sexual desires of a person.

Sec.   The amendatory provisions of section 2 of this act do not apply to offenses that are committed before October 1, 1997.".

Amend the title of the bill to read as follows:

"An Act relating to offenders; requiring the director of the department of prisons to adopt regulations establishing a program to prevent an offender from possessing or receiving certain publications; prohibiting sexual conduct between an offender and another person under certain circumstances; and providing other matters properly relating thereto.".

Amend the summary of the bill by deleting the first line and inserting:

"Summary—Revises provisions relating to offenders in custody or"

Senator James moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 113.

Remarks by Senator James.

Motion carried.

Bill ordered transmitted to the Assembly.

Senate Bill No. 148.

The following Assembly amendment was read:

Amendment No. 985.

Amend the bill as a whole by deleting sections 1 through 3 and renumbering sections 4 through 7 as sections 1 through 4.

Amend the title of the bill to read as follows:

"An Act relating to the department of human resources; revising provisions governing the issuance of certain subpoenas by the department of human resources; prohibiting the department from collecting or maintaining certain information; repealing the requirement that the department disseminate a listing of hospitals and their charges for services; and providing other matters properly relating thereto.".

Amend the summary of the bill by deleting the second line and inserting: "resources and revises provisions governing collection and ".

Senator O'Connell moved that the Senate do not concur in the Assembly amendment to Senate Bill No. 148.

Remarks by Senator O'Connell.

Motion carried.

Bill ordered transmitted to the Assembly.

Reports of Conference Committees

The first Committee on Conference concerning Senate Bill No. 80, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in. It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 5, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend section 1, page 2, line 4, by deleting "person;" and inserting "person.".

Amend section 1, page 2, line 13, by deleting "another;" and inserting "another.".

Amend section 1, page 2, by deleting lines 14 through 21 and inserting:

"(c) "Neglect" means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for an older person or a vulnerable person, or who has voluntarily assumed responsibility for his care, to provide food, shelter, clothing or services within the scope of his responsibility or obligation, which are necessary to maintain the physical or mental health of the older person or vulnerable person. For the purposes of this paragraph, a person voluntarily assumes responsibility to provide care for an older or vulnerable person only to the extent that he has expressly acknowledged his responsibility to provide such care.".

Amend section 1, page 2, line 22, by deleting "older; and " and inserting "older.".

Mike McGinness Ellen Koivisto

Dina Titus Dario Herrera

Maurice E. Washington Brian Sandoval

Remarks by Senator McGinness.

Motion carried.

It has agreed to recommend that the amendment of the Assembly be concurred in. It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 9, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend section 1, page 1, line 15, by deleting "certified [record]" and inserting: "[certified record] verified ".

Amend sec. 2, page 2, line 34, by deleting "certified " and inserting "verified ".

Maurice Washington Clarence W. Collins

Ernest E. Adler Brian Sandoval

Joseph M. Neal, Jr. Bernard J. Anderson

Senator Washington moved to adopt the report of the first Committee on Conference concerning Senate Bill No. 258.

Remarks by Senator Washington.

Motion carried.

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 8, which is attached to and hereby made a part of this report.

Conference Amendment.

Amend the bill as a whole by renumbering section 1 as sec. 4 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

"Section   NRS 218.241 is hereby amended to read as follows:

218.241  1.  Upon request made within the time allowed and within limits established by the legislature by concurrent resolution, the legislative counsel shall advise any agency or officer of the executive branch of the state government, and shall advise any county , school district or city, as to the preparation of measures to be submitted to the legislature.

2.  To ensure the greatest possible equity in the handling of requests, drafting must proceed as follows:

(a) Requests for legislative measures from each agency or officer of the executive branch of the state government or from a county , school district or city must, insofar as is possible, be acted upon in the order in which they are received, unless a different priority is designated by the requester.

(b) As soon as an agency or officer of the executive branch of the state government has requested 10 legislative measures for any session , the legislative counsel may request the agency or officer to designate the priority for each succeeding request.

(c) Within 2 weeks after the commencement of a regular session of the legislature, any county , school district or city which has requested the preparation of more than one legislative measure for that session shall submit to the legislative counsel a list which designates the order of priority for each request.

The priority designated pursuant to this subsection must guide the legislative counsel in acting upon the requests of the respective agencies and officers of the executive branch of the state government and the counties, school districts and cities to ensure each agency and officer, and each county , school district and city, as nearly as is possible, an equal rank.

Sec. 2.  NRS 218.2413 is hereby amended to read as follows:

218.2413  1.  Except as otherwise provided in subsections 3 [and 4,] , 4 and 5, each board of county commissioners , board of trustees of a school district and city council may request the legislative counsel and the legal division of the legislative counsel bureau to prepare any legislative measure which has been approved by the governing body of the county , school district or city at a public hearing before its submission to the legislative counsel bureau.

2.  The legislative counsel shall notify the requesting county , school district or city if its request substantially duplicates a request previously submitted by another county , school district or city.

3.  The board of county commissioners of a county whose population:

(a) Is 400,000 or more shall not request the preparation of more than [30] 33 legislative measures pursuant to subsection 1 for a regular legislative session. At least three of the measures must be recommended by a metropolitan police department that is located within the county.

(b) Is 100,000 or more but less than 400,000 shall not request the preparation of more than 25 legislative measures pursuant to subsection 1 for a regular legislative session.

(c) Is less than 100,000 shall not request the preparation of more than 5 legislative measures pursuant to subsection 1 for a regular legislative session.

4.  The board of trustees of a school district in a county whose population:

5.  The city council of a city whose population:

(a) Is 100,000 or more shall not request the preparation of more than 10 legislative measures pursuant to subsection 1 for a regular legislative session.

(b) Is less than 100,000 shall not request the preparation of more than 5 legislative measures pursuant to subsection 1 for a regular legislative session.

Sec. 3.  NRS 218.245 is hereby amended to read as follows:

218.245  1.  Except as otherwise provided in subsections 2 and 5, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the executive branch of the state government or for a county , school district or city before a regular session of the legislature unless the request is approved by the governor or a designated member of his staff, or the governing body of the county , school district or city, and transmitted to the legislative counsel before September 1 preceding the convening of the session.

2.  A request for proposed legislation may be submitted to the legislative counsel by the board of regents of the University of Nevada, lieutenant governor, secretary of state, attorney general, state controller or state treasurer without the approval of the governor or a designated member of his staff.

3.  After November 1, preceding a legislative session, the legislative counsel and the legal division of the legislative counsel bureau shall give full priority to the preparation of proposed legislation requested by members of the legislature.

4.  The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the legislature except upon the request of a member of the legislature or the personal written request of the governor.

5.  An agency or officer of the executive branch of the state government or a county , school district or city, shall not request a legislator to have legislation drafted on its behalf. The legislative commission, when the legislature is not in session, or a standing committee which has jurisdiction of the subject matter when the legislature is in session, may, if it finds that exceptional circumstances so warrant, authorize the drafting of legislation requested after the time limited by subsection 1.".

Amend the title of the bill to read as follows:

"An Act relating to legislation; authorizing a board of trustees of a school district to request the preparation of a certain number of legislative measures; authorizing boards of county commissioners of certain counties to request the preparation of an additional number of legislative measures; limiting the authority to prefile a bill or joint resolution to legislators; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"Summary—Revises provisions relating to requests for and prefiling of legislative measures. (BDR 17-331)".

Mark James Jack Close

Bernice Mathews Dario Herrera

Michael Schneider John Marvel

Remarks by Senator James.

Motion carried.

Appointment of Conference Committees

Mr. President appointed Senators Washington, O'Connell and Wiener as a second Committee on Conference to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 122.

MOTIONS, RESOLUTIONS AND NOTICES

Senator McGinness moved that Assembly Bill No. 291 be taken from the Secretary's desk and placed on General File.

Remarks by Senator McGinness.

Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 385.

Bill read third time.

Remarks by Senators Neal and Rawson.

Roll call on Senate Bill No. 385:

Yeas—18.

Nays—Adler, Neal, O'Connell—3.

Senate Bill No. 385 having received a constitutional majority, Mr. President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 461.

Bill read third time.

Remarks by Senators Coffin, Raggio, Rawson, Titus and Regan.

Roll call on Senate Bill No. 461:

Yeas—19.

Nays—Augustine, Coffin—2.

Senate Bill No. 461 having received a two-thirds majority, Mr. President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Senate Bill No. 469.

Bill read third time.

Remarks by Senators O'Donnell and Neal.

Roll call on Senate Bill No. 469:

Yeas—18.

Nays—Augustine, Neal, Washington—3.

Senate Bill No. 469 having received a two-thirds majority, Mr. President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Townsend gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 581 was this day passed.

Remarks by Senator Townsend.

Senator James moved that Assembly Bill No. 170 be taken from the General File and placed on the General File for the next legislative day.

Remarks by Senator James.

Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 171.

Bill read third time.

Remarks by Senators Adler and O'Connell.

Roll call on Assembly Bill No. 171:

Yeas—20.

Nays—Neal.

Assembly Bill No. 171 having received a constitutional majority, Mr. President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 190.

Bill read third time.

Remarks by Senators Neal and Raggio.

Roll call on Assembly Bill No. 190:

Yeas—21.

Nays—None.

Assembly Bill No. 190 having received a constitutional majority, Mr. President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 291.

Bill read third time.

Remarks by Senator McGinness.

Roll call on Assembly Bill No. 291:

Yeas—14.

Nays—Augustine, Coffin, Mathews, Neal, O'Donnell, Townsend, Washington—7.

Assembly Bill No. 291 having received a constitutional majority, Mr. President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Senate Bills Nos. 13, 36, 145, 155, 181, 197, 262, 267, 281, 290, 291, 317, 349, 414, 428, 449, 473; Senate Joint Resolution No. 12; Assembly Bills Nos. 30, 65, 150, 151, 188, 205, 221, 222, 242, 260, 270, 279, 336, 350, 367, 374, 387, 407, 409, 515, 556, 557, 583, 594, 599, 601, 606, 615, 626; Assembly Joint Resolution No. 20; Assembly Concurrent Resolutions Nos. 25, 45.

Senator Raggio moved that the Senate adjourn until Thursday, July 3, 1997 at 10:30 a.m.

Motion carried.

Senate adjourned at 6:54 p.m.

Approved: Lonnie L. Hammargren, M.D.

President of the Senate

Attest: Janice L. Thomas

Secretary of the Senate