SENATE DAILY JOURNAL

NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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SENATE DAILY JOURNAL
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THE EIGHTY-EIGHTH DAY
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Carson City (Thursday), April 17, 1997

Senate called to order at 11:06 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present except Senator Rhoads, who was excused.

Prayer by The Reverend Larry Rothchild.
Lord Jesus, in the stillness of this moment, grant to each of us an awareness of Your presence and a recognition of Your wisdom and courage to pursue Your will. Ordain that who we are and what we do here will be a reflection of Your presence and Your wisdom and Your will.

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

Mr. President pro Tempore:
Your Committee on Finance, to which was referred Senate Bill No. 186, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio,

Chairman

Mr. President pro Tempore:
Your Committee on Finance, to which were referred Senate Bills Nos. 170, 176, 216, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio,

Chairman

Mr. President pro Tempore:
Your Committee on Human Resources and Facilities, to which was re-referred Senate Bill No. 140, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Raymond D. Rawson,

Chairman

Mr. President pro Tempore:
Your Committee on Judiciary, to which was referred Assembly Bill No. 95, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark A. James,

Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 16, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 61.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 215.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

By Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Senate Concurrent Resolution No. 27--Designating April 17, 1997, as Library Day in the State of Nevada.
Whereas, Libraries hold the key to knowledge, which is necessary for the survival of our society and government; and
Whereas, The opportunity to learn must extend beyond the traditional institutions of learning into the home and workplace; and
Whereas, Libraries provide access to information found in books and materials in all formats, including electronic databases and the Internet; and
Whereas, Libraries are committed to increasing the literacy level of children and adults through lifelong learning; and
Whereas, Libraries provide access for all residents of this state to recreational, educational and economic information regardless of one's economic status; and
Whereas, National Library Week will be observed during the week of April 18; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature do hereby designate April 17, 1997, as Library Day in the State of Nevada in recognition of our public, school, special and university libraries and their importance to the growth and development of all residents of the State of Nevada.
Remarks by Senators Raggio, Rawson, Neal, O'Connell and Porter.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
Thank you, Mr. President. I trust I speak on behalf of all members of the Senate today. This is traditional, when we are in session, that we have a day of special occasion to recognize the librarians and the library institutions in our state. Today has been designated through SCR No. 27 as Library Day.
I know each of us has our own individual experiences with libraries. Certainly, the function of libraries have come a long way since the days of my youth. Even then, the existence of a library in Washoe County was the single most institution to open up the world to those of us in school. Having the opportunity to go to the old Washoe County Library, where the Pioneer Auditorium is located in Reno, was a real adventure for us at that time. I don't want you to think I'm really that old. In those days there was radio. You didn't have television. You didn't have all the modern technology of today, particularly, computers. We had movies and radio. The opportunity to go to the library and check out armloads of books was really the opening of the world for us.
Through the years with modern technology and the improvements and expansion of libraries, the same hope and opportunity has been made available to not only youngsters but persons of all ages. It is truly an experience to walk into a library today and see what is available just for the asking. It is truly heartwarming to go to a library, whether it is the community library, the university library or the libraries located in practically every school in our state, to see people of all ages using the facilities and availing themselves of the library's opportunities.
Libraries don't function just because of funding or the books or the available technology through the library system, the libraries function through the dedicated efforts of professionals who are there to assist, to maintain and to operate the library system. I think we are very fortunate in the State of Nevada to have the dedicated individuals who fill library positions. It is appropriate that we adopt SCR No. 27 today designating April 17 as Library Day in the State of Nevada and that we pause for a moment to thank all of those who dedicate their efforts to opening up the world and the universe. Without the opportunities the library system affords, where would the world be. Thank you all for your efforts. I hope that all senators will join in this effort to recognize the dedicated effort on the part of those who constitute the library system in Nevada.
Senator Rawson:
Thank you, Mr. President. I wanted to add a short note of support for SCR No. 27. My eyes to the world were opened up by looking at the stereoscopic views that we could see at the library. I think of sweet visions of good things when I think of the library. It's because of a cartoon that I saw a number of years ago. It talked about strawberries, raspberries and "liberries." For some reason those things stay in your mind. Whenever I go to say the word library, the vision of a strawberry is always in my mind.
I'm pleased that libraries are not an archaic aspect of our society. We have seen the growth and the development of the libraries. They have progressed, modified and evolved. Where it was a stereoscopic image of India or the Taj Mahal that I looked at once, the children today use CD-ROMs to open up the vista of hundreds of thousands of photographs that couldn't be seen any other way. It's an opportunity to travel for those who have access to the libraries. It is a pleasure to be able to support a week of recognition for the libraries.
Senator Neal:
Mr. President pro Tempore and the members of the Senate. I, also, rise in support of the resolution. Since I have been in the Senate, I have always supported libraries and been very much a part of having the library system expand throughout the state. The reason for my interest is because there was a part of my life when I could not attend the library. The doors were locked to me. I could not enter into our parish library. The county governments in Louisiana were called parishes, not Catholic Church parishes. Back in the early days in Louisiana the libraries were locked to me. I could not attend.
Libraries are very important for a constitutional democracy. It is also important because it is the only unit within our system that can truly be classified as a "poor man's" university. It is so because there is no tuition paid to enter a library to read the books. You read, use references, check out books and return them on time. If the books are not returned on time, the library can charge you for the time it takes to return the books. This is a very good system.
Those of you who are familiar with World War II and the rise of the Third Reich and Hitler, will remember that the first thing that Hitler did when he conquered a city was to burn the libraries. He burned them to the ground because by denying citizens knowledge and understanding about themselves and others, those citizens would always be conquered.
Libraries are important. I was thinking the other day, when the Human Resources Committee was considering a bill as to whether or not the state should mandate a course requiring students to read the Mayflower Compact and Federalist Papers, that we should probably mandate that students also attend libraries two weeks out of the year as well. That might do more for all students than mandating specific courses.
I support SCR No. 27, and I will always support such resolutions that honor libraries and the imparting of information to the citizens of this state and nation.
Senator O'Connell:
Thank you, Mr. President pro Tempore. If I didn't support this wholeheartedly, I'm afraid it might be grounds for divorce from my husband. I will share with you why. He is probably one of the biggest users of the libraries in the southern part of the state. He is in the library at least once a week. He enjoys books on tape.
When we first opened our businesses, and as long as my husband was manager for JC Penney for 38 years, if somebody had a problem with their credit or was trying to open an account and did not have enough identification with them, one of the first things we were required to do was to ask them for their library cards. My husband has so much confidence in libraries that he believes that anybody who carries a library card is a good risk. I wouldn't dare not support SCR No. 27.
Senator Porter:
Thank you, Mr. President. I, too, share a similar concern. Being married to a librarian, part of my prenuptial agreement was that I carry a library card. I realize the resolution pertains to libraries, but I would like to take this a step further and talk about the librarians that are in the libraries that hold the keys to the future of our children and to our world. With the competition today from video games, video tapes, the Internet and other influences that take our time, without our libraries and librarians working with the children of our world we would be in terrible shape. I have learned, being married to a librarian, that there is nothing more special than time spent with a librarian and a child learning to read and to appreciate the world as we know it. Thank you, Mr. President.
Senator Raggio moved the adoption of the resolution.
Resolution adopted.
Senator Raggio moved that Senate Concurrent Resolution No. 27 be immediately transmitted to the Assembly.
Motion carried.

By the Committee on Finance:
Senate Joint Resolution No. 12--Proposing to amend the Nevada constitution to allow the investment of state money to stimulate economic development.
Whereas, Emerging competition in other states and federally regulated territories threatens the long-term growth of the State of Nevada in its vital gaming industry; and
Whereas, Financial programs necessary to ensure business expansion and high-quality job growth do not currently provide the business sector of this state with adequate access to the types of money and capital essential to support the growth of a diversified economic base; and
Whereas, The Nevada constitution currently contains restrictions, based on conditions existing in the 19th century, that have prevented the Legislature from considering legislation similar to laws enacted in several other states which would permit prudently managed investments in public-private partnerships and corporations designed to provide needed sources of capital for high-quality, job-creating businesses and low-cost housing programs within this state that cannot feasibly obtain such financing from existing private financial markets in an easily accessible and efficient manner; and
Whereas, The State of Nevada must remain competitive with other states in providing the necessary financial tools to attract the types of businesses and industries that would diversify the economic base of this state and improve the standard of living for the residents of this state; and
Whereas, The benefits to be derived from an effort toward strong economic development throughout this state may be jeopardized if current restrictions in the Nevada constitution are not replaced with more flexible and contemporary standards that both protect public investments in economic development projects and provide access to the type of financing needed to stimulate the growth of businesses and industries throughout this state which will provide the high-quality jobs, increased property values and enhanced standard of living desired by Nevadans; now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada, Jointly, That section 9 of article 8 of the constitution of the State of Nevada be amended to read as follows:
[Sec: 9. The]
Sec. 9. 1. Except as otherwise provided in subsections 2 and 3, the State shall not donate or loan money [,] or its credit [,] to, or subscribe to or be [,] interested in the Stock of any company, association, or corporation . [, except]
2. The legislature may enact legislation, approved by a vote of two-thirds of the members of each house, to authorize the investment of state money in any company, association or corporation for the purpose of stimulating the economic diversification or development of this state and the creation of new employment opportunities for the residents of this state, subject to the following conditions:
(a) Before any such investment is authorized, a determination must be made by a person or entity designated in the authorizing legislation that:
(1) The investment is for the economic development of this state or the creation of new employment opportunities in this state; and
(2) This state can reasonably expect to achieve a reasonable rate of return on the investment, adjusted for the relative degree of risk.
(b) Each such investment by this state must be made through a cooperative venture with private investors of reasonable sophistication who participate in the venture on terms that are the same as or less favorable than the terms on which this state is participating.
Revenue received from investments pursuant to this subsection may be reinvested subject to the same conditions.
3. The provisions of this section do not apply to corporations formed for educational or charitable purposes.
Senator Rawson moved that the resolution be referred to the Committee on Finance.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By Senator O'Donnell:
Senate Bill No. 308--An Act relating to local governmental administration; specifying the permissible payees on checks and other negotiable instruments intended as payment to a local government; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By Senators Rawson, Coffin, Regan, Adler, Augustine, James, Mathews, McGinness, Neal, Porter, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Senate Bill No. 309--An Act relating to public libraries; providing for the establishment of a program under the administration of the state librarian to provide grants of money to public libraries; making an appropriation; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Natural Resources:
Senate Bill No. 310--An Act relating to animals; requiring the sterilization of certain animals that are adopted from certain entities; and providing other matters properly relating thereto.
Senator Adler moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

By the Committee on Government Affairs:
Senate Bill No. 311--An Act relating to the state personnel system; eliminating the authority of the department of transportation and the University and Community College System of Nevada to execute certain contracts for the services of independent contractors without the approval of the state board of examiners; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By the Committee on Government Affairs:
Senate Bill No. 312--An Act relating to redevelopment; providing for the termination of redevelopment plans; requiring each proposal for a redevelopment project instead of the redevelopment plan to include an employment plan; prohibiting a redevelopment agency from issuing securities and incurring debt to finance a redevelopment plan beyond 20 years after the date on which the plan is adopted; prohibiting the use for redevelopment of certain portions of taxes approved by the voters of a taxing agency for the repayment of bonded indebtedness or attributable to a new or increased tax rate; removing the limitation on the total revenue paid to all redevelopment agencies and tax increment areas of a municipality; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By the Committee on Human Resources and Facilities:
Senate Bill No. 313--An Act relating to education; making various changes to the provisions governing the investigation of the background of applicants for certain positions at postsecondary educational institutions; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

By Senators Schneider, O'Connell, Adler, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Donnell, Porter, Rawson, Regan, Shaffer, Titus, Washington and Wiener:
Senate Bill No. 314--An Act relating to common-interest ownership; revising the provisions governing unit-owners' associations; requiring the attorney general to monitor the practices of such associations and perform other functions relating to common-interest ownership; requiring such associations to pay an annual fee to the attorney general; requiring such associations to set aside money as a reserve for repairs and replacement; and providing other matters properly relating thereto.
Senator Schneider moved that Senate Standing Rule No. 40 be suspended and that the bill be referred to the Committee on Commerce and Labor.
Remarks by Senator Schneider.
Motion carried.

Assembly Bill No. 215.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 118.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 104.
Amend the bill as a whole by deleting sections 1 through 4 and adding new sections designated sections 1 through 26 and the leadlines of repealed sections, following the enacting clause, to read as follows:
"Section 1 Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2 As used in sections 2 to 10, inclusive, of this act and NRS 205.220 to 205.2707, inclusive, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3 "Domesticated animals" means all domesticated animals other than livestock.
Sec. 4 "Domesticated birds" means all poultry and domesticated fowl or birds.
Sec. 5 "Livestock" means:
1. All cattle or animals of the bovine species;
2. All horses, mules, burros and asses or animals of the equine species;
3. All swine or animals of the porcine species;
4. All goats or animals of the caprine species; and
5. All sheep or animals of the ovine species.
Sec. 6 "Property" includes, but is not limited to:
1. Personal goods, personal property and motor vehicles;
2. Money, negotiable instruments and other items listed in NRS 205.260;
3. Livestock, domesticated animals and domesticated birds; and
4. Any other item of value, whether or not the item is listed in sections 2 to 10, inclusive, of this act and NRS 205.220 to 205.2707, inclusive.
Sec. 7 1. Unless a greater penalty is imposed by a specific statute, a person who commits grand larceny in violation of NRS 205.220 shall be punished pursuant to the provisions of this section.
2. If the value of the property involved in the grand larceny is less than $2,500, the person who committed the grand larceny is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. If the value of the property involved in the grand larceny is $2,500 or more, the person who committed the grand larceny is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
4. In addition to any other penalty, the court shall order the person who committed the grand larceny to pay restitution.
5. If the grand larceny involved a sale in violation of subsection 3 or 4 of NRS 205.220, all proceeds from the sale are subject to forfeiture.
Sec. 8 1. A person who intentionally steals, takes and carries away a firearm owned by another person commits grand larceny of a firearm.
2. A person who commits grand larceny of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
3. In addition to any other penalty, the court shall order the person who committed the grand larceny of the firearm to pay restitution.
Sec. 9 1. A person who intentionally steals, takes and carries away, drives away or otherwise removes a motor vehicle owned by another person commits grand larceny of a motor vehicle.
2. Except as otherwise provided in subsection 3, a person who commits grand larceny of a motor vehicle is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. If the prosecuting attorney proves that the value of the motor vehicle involved in the grand larceny is $2,500 or more, the person who committed the grand larceny of the motor vehicle is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
4. In addition to any other penalty, the court shall order the person who committed the grand larceny of the motor vehicle to pay restitution.
Sec. 10 For the purposes of sections 2 to 10, inclusive, of this act and NRS 205.220 to 205.2707, inclusive:
1. The value of property involved in a larceny offense shall be deemed to be the highest value attributable to the property by any reasonable standard.
2. The value of property involved in larceny offenses committed by one or more persons pursuant to a scheme or continuing course of conduct may be aggregated in determining the grade of the larceny offenses.
Sec. 11 NRS 205.0835 is hereby amended to read as follows:
205.0835 1. Unless a greater penalty is imposed by a specific statute, [for the] a person who commits theft in violation of any provision of NRS 205.0821 to 205.0835, inclusive, [if the value of the property or services obtained was:
1. Greater than or equal to $250, the person who committed the theft is guilty of a category C felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
2. Less than $250, the person who committed the theft shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.] shall be punished pursuant to the provisions of this section.
2. If the value of the property or services involved in the theft is less than $250, the person who committed the theft is guilty of a misdemeanor.
3. If the value of the property or services involved in the theft is $250 or more but less than $2,500, the person who committed the theft is guilty of a category C felony and shall be punished as provided in NRS 193.130.
4. If the value of the property or services involved in the theft is $2,500 or more, the person who committed the theft is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
5. In addition to any other penalty, the court shall order the person who committed the theft to pay restitution.
Sec. 12 NRS 205.220 is hereby amended to read as follows:
205.220 Except as otherwise provided in [NRS 205.225 and 205.237,] sections 8 and 9 of this act, a person [who feloniously] commits grand larceny if the person:
1. Intentionally steals, takes and carries away, leads away or drives away [the personal] :
(a) Personal goods or property [of another of the] , with a value of $250 or more, [or the motor vehicle or firearm of another regardless of its value, is guilty of grand larceny which is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and by a fine of not more than $10,000. In addition to any other penalty, the court shall order the person to pay restitution.] owned by another person;
(b) Bedding, furniture or other property, with a value of $250 or more, which the person, as a lodger, is to use in or with his lodging and which is owned by another person; or
(c) Real property, with a value of $250 or more, that the person has converted into personal property by severing it from real property owned by another person.
2. Uses a card or other device for automatically withdrawing or transferring money in a financial institution to obtain intentionally money to which he knows he is not entitled.
3. Intentionally steals, takes and carries away, leads away, drives away or entices away:
(a) One or more head of livestock owned by another person; or
(b) One or more domesticated animals or domesticated birds, with an aggregate value of $250 or more, owned by another person.
4. With the intent to defraud, steal, appropriate or prevent identification:
(a) Marks or brands, causes to be marked or branded, alters or defaces a mark or brand, or causes to be altered or defaced a mark or brand upon one or more head of livestock owned by another person;
(b) Sells or purchases the hide or carcass of one or more head of livestock owned by another person that has had a mark or brand cut out or obliterated;
(c) Kills one or more head of livestock owned by another person but running at large, whether or not the livestock is marked or branded; or
(d) Kills one or more domesticated animals or domesticated birds, with an aggregate value of $250 or more, owned by another person but running at large, whether or not the animals or birds are marked or branded.
Sec. 13 NRS 205.230 is hereby amended to read as follows:
205.230 1. All state, county, city and township peace and law enforcement [officials, including sheriffs, their deputies, constables, their deputies and game wardens,] officers are empowered and directed to pursue, apprehend and arrest whenever or wherever, irrespective of county boundaries within the state, [any person who shall feloniously steal, take and carry, lead, drive or entice away any horse, mare, gelding, colt, cow, bull, steer, calf, mule, jack, jenny or any one or more head of cattle or horses, or any sheep, goat, hog, poultry, shoat or pig not his own property but the property of another.] a person who commits grand larceny in violation of subsection 3 or 4 of NRS 205.220.
2. Upon apprehension and arrest of [any person in violation of NRS 205.225,] a person pursuant to subsection 1, the arresting officer [or officers shall forthwith] shall take the person before the nearest or most accessible magistrate without unnecessary delay . [, to be there dealt with according to law.]
Sec. 14 NRS 205.240 is hereby amended to read as follows:
205.240 1. Except as otherwise provided in NRS 205.220 and 475.105 and sections 8 and 9 of this act, a person [who:
1. Steals, takes and carries, leads or drives away the personal goods or property of another, under the value of $250; or
2. Steals, takes and carries, leads, drives or entices away one or more domestic animals or poultry having an aggregate value under $250, except those described in subparagraph (1) of paragraph (a) of subsection 1 of NRS 205.225,] commits petit larceny [and is guilty of a misdemeanor.] if the person:
(a) Intentionally steals, takes and carries away, leads away or drives away:
(1) Personal goods or property, with a value of less than $250, owned by another person;
(2) Bedding, furniture or other property, with a value of less than $250, which the person, as a lodger, is to use in or with his lodging and which is owned by another person; or
(3) Real property, with a value of less than $250, that the person has converted into personal property by severing it from real property owned by another person.
(b) Intentionally steals, takes and carries away, leads away, drives away or entices away one or more domesticated animals or domesticated birds, with an aggregate value of less than $250, owned by another person.
2. A person who commits petit larceny is guilty of a misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.
3. Except as otherwise provided in subsection 4, if a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny two other times, the court, in addition to any other penalty:
(a) Shall sentence the person to a term of imprisonment of not less than 60 days nor more than 6 months; and
(b) Shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person serve a term of imprisonment of not less than 60 days.
4. If a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny three or more other times, the court, in addition to any other penalty:
(a) Shall sentence the person to a term of imprisonment of not less than 60 days nor more than 6 months;
(b) Shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person serve a term of imprisonment of not less than 60 days; and
(c) Shall impose a fine of at least $500.
5. The provisions of subsections 3 and 4 do not affect the provisions of any other statute providing for a more severe penalty for a first or subsequent conviction of petit larceny.
Sec. 15 NRS 205.270 is hereby amended to read as follows:
205.270 1. A person who, under circumstances not amounting to robbery, with the intent to steal or appropriate to his own use, takes property from the person of another, without his consent, [any money, property or thing of value,] is guilty of :
(a) If the value of the property taken is less than $2,500, a category C felony and shall be punished as provided in NRS 193.130 [.] ; or
(b) If the value of the property taken is $2,500 or more, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
2. In addition to any other penalty, the court shall order the person to pay restitution.
[2.] 3. The court shall not grant probation to or suspend the sentence of any person convicted of violating subsection 1 if the person from whom the [money or] property was taken has any infirmity caused by age or other physical condition.
Sec. 16 NRS 205.2707 is hereby amended to read as follows:
205.2707 1. A person who [feloniously] intentionally steals, takes and carries away [money, goods or] property of the value of $250 or more from vending machines within a period of 1 week is guilty of :
(a) If the value of the property taken is less than $2,500, a category [D] C felony and shall be punished as provided in NRS 193.130 [.] ; or
(b) If the value of the property taken is $2,500 or more, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
2. In addition to any other penalty, the court shall order the person to pay restitution.
[2.] 3. In determining [whether] the value of the [money, property or goods taken is of the value of $250 or more,] property taken, the cost of repairing damaged vending machines and replacing any machine, if necessary, must be added to the value of the [money, goods or] property.
Sec. 17 NRS 205.273 is hereby amended to read as follows:
205.273 1. A person [who, with] commits an offense involving a stolen vehicle if the person:
(a) With the intent to procure or pass title to a motor vehicle which he knows or has reason to believe has been stolen, receives or transfers possession of the vehicle from or to another [, or who has] person; or
(b) Has in his possession [any] a motor vehicle which he knows or has reason to believe has been stolen . [, and who is not]
2. The provisions of subsection 1 do not apply to an officer of the law [engaged at the time] if the officer is engaged in the performance of his duty as an officer [,] at the time of the receipt, transfer or possession of the stolen vehicle.
3. Except as otherwise provided in subsection 4, a person who violates the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.
4. If the prosecuting attorney proves that the value of the vehicle involved is $2,500 or more, the person who violated the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
5. In addition to any other penalty, the court shall order the person to pay restitution.
6. For the purposes of this section, the value of a vehicle shall be deemed to be the highest value attributable to the vehicle by any reasonable standard.
Sec. 18 NRS 205.275 is hereby amended to read as follows:
205.275 1. A person [who,] commits an offense involving stolen property if the person, for his own gain [,] or to prevent the owner from again possessing his property, buys, receives, possesses or withholds [stolen goods, or anything the stealing of which is declared to be larceny, or property obtained by robbery, burglary or embezzlement:] property:
(a) Knowing that [the goods or property were so obtained; or] it is stolen property; or
(b) Under such circumstances as should have caused a reasonable man to know that [the goods or property were so obtained,
is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment. Every such person may be tried, convicted and punished as well before as after the trial of the principal.] it is stolen property.
2. A person who commits an offense involving stolen property in violation of subsection 1:
(a) If the value of the property is less than $250, is guilty of a misdemeanor;
(b) If the value of the property is $250 or more but less than $2,500, is guilty of a category C felony and shall be punished as provided in NRS 193.130; or
(c) If the value of the property is more than $2,500 or if the property is a firearm, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
3. In addition to any other penalty, the court shall order the person to pay restitution.
[2.] 4. A person may be prosecuted and convicted pursuant to this section whether or not the principal is or has been prosecuted or convicted.
5. Possession by any person of three or more items of the same or a similar class or type of personal property on which a permanently affixed manufacturer's serial number or manufacturer's identification number has been removed, altered or defaced, is prima facie evidence that the person has violated this section.
[3. Except as otherwise provided in subsection 4, a person convicted of the offense specified in this section must not be condemned to imprisonment in the state prison, unless the thing bought, received, possessed or withheld has a value of $250 or more, but the person shall be punished as provided in cases of petit larceny.
4. If the thing bought, received, possessed or withheld is a firearm, regardless of its value, the person convicted of the offense specified in this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.]
6. For the purposes of this section, the value of the property involved shall be deemed to be the highest value attributable to the property by any reasonable standard.
7. As used in this section, "stolen property" means property that has been taken from its owner by larceny, robbery, burglary, embezzlement, theft or any other offense that is a crime against property, whether or not the person who committed the taking is or has been prosecuted or convicted for the offense.
Sec. 19 NRS 205.940 is hereby amended to read as follows:
205.940 1. Any person who in renting or leasing any personal property obtains or retains possession of such personal property by means of any false or fraudulent representation, fraudulent concealment, false pretense or personation, trick, artifice or device, including, but not limited to, a false representation as to his name, residence, employment or operator's license, is guilty of larceny [according to the value of such property. It shall be] and shall be punished as provided in sections 2 to 10, inclusive, of this act and NRS 205.220 to 205.2707, inclusive. It is a complete defense to any civil action arising out of or involving the arrest or detention of any person renting or leasing personal property that any representation made by him in obtaining or retaining possession of the personal property is contrary to the fact.
2. Any person who, after renting or leasing any personal property under an agreement in writing which provides for the return of the personal property to a particular place at a particular time fails to return the personal property to such place within the time specified, and who, with the intent to defraud the lessor or to retain possession of such property without the lessor's permission, thereafter fails to return such property to any place of business of the lessor within 72 hours after a written demand for the return of such property is made upon him by registered mail addressed to his address as shown in the written agreement, or in the absence of such address, to his last known place of residence, is guilty of larceny [according to the value of such property.] and shall be punished as provided in sections 2 to 10, inclusive, of this act and NRS 205.220 to 205.2707, inclusive. The failure to return the personal property to the place specified in the agreement [shall be] is prima facie evidence of an intent to defraud the lessor or to retain possession of such property without the lessor's permission. It [shall be] is a complete defense to any civil action arising out of or involving the arrest or detention of any person upon whom such demand was made that he failed to return the personal property to any place of business of the lessor within 20 days after such demand.
Sec. 20 NRS 41.0334 is hereby amended to read as follows:
41.0334 1. Except as otherwise provided in subsection 2, no action may be brought under NRS 41.031 or against an officer or employee of the state or any of its agencies or political subdivisions for injury, wrongful death or other damage sustained in or on a public building or public vehicle by a person who was engaged in any criminal act proscribed in NRS 202.810, 205.005 to 205.080, inclusive, 205.220, [205.225, 205.235, 205.240, 205.245,] 205.240, 205.271 to 205.2741, inclusive, 206.310, 206.330, 207.210, 331.200 or 393.410, or section 8 or 9 of this act, at the time the injury, wrongful death or damage was caused.
2. Subsection 1 does not apply to any action for injury, wrongful death or other damage:
(a) Intentionally caused or contributed to by an officer or employee of the state or any of its agencies or political subdivisions; or
(b) Resulting from the deprivation of any rights, privileges or immunities secured by the United States Constitution or the constitution of the State of Nevada.
3. As used in this section:
(a) "Public building" includes every house, shed, tent or booth, whether or not completed, suitable for affording shelter for any human being or as a place where any property is or will be kept for use, sale or deposit, and the grounds appurtenant thereto; and
(b) "Public vehicle" includes every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, waterway or airway,
owned, in whole or in part, possessed, used by or leased to the state or any of its agencies or political subdivisions.
Sec. 21 NRS 41.580 is hereby amended to read as follows:
41.580 [Whenever any owner's] If property has been taken from its owner by larceny, robbery, burglary [or embezzlement and thereafter another person, for his own gain or to prevent the owner from again possessing his property, has bought, received, possessed or withheld] , embezzlement, theft or any other offense that is a crime against property and another person buys, receives, possesses or withholds the property under circumstances that make such conduct a violation of subsection 1 of NRS 205.275, the owner of the property may bring a civil action against the [other] person who bought, received, possessed or withheld the property and may recover treble the amount of any damage the owner has [thereby] suffered, together with his costs in the action and a reasonable attorney's fee.
Sec. 22 NRS 475.105 is hereby amended to read as follows:
475.105 A person who steals a device intended for use in preventing, controlling, extinguishing or giving warning of a fire:
1. If the device has a value of less than $250, is guilty of a gross misdemeanor.
2. If the device has a value of $250 or more, is guilty of grand larceny [which is a category D felony] and shall be punished as provided in [NRS 193.130.] section 7 of this act.
Sec. 23 NRS 569.100 is hereby amended to read as follows:
569.100 1. A person who takes up an estray as provided for in NRS 569.040 to 569.130, inclusive, is entitled to hold the estray lawfully until relieved of custody by the division.
2. A person shall not use or cause to be used, for profit or otherwise, any estray in his keeping under the provisions of NRS 569.040 to 569.130, inclusive. A violation of this subsection shall be deemed grand larceny or petit larceny, [according to the value of the estray.] as set forth in sections 2 to 10, inclusive, of this act and NRS 205.220 to 205.2707, inclusive, and the person shall be punished as provided in those sections.
3. Any person taking, leading or driving an estray away from the possession of the lawful holder, as specified in NRS 569.040 to 569.130, inclusive, except as herein provided for, is subject to all the penalties under the law, whether he is the claimant of the estray or not.
Sec. 24 NRS 205.225, 205.235, 205.237, 205.245 and 205.255are hereby repealed.
Sec. 25 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 26 The amendatory provisions of this act do not apply to offenses committed before October 1, 1997.

LEADLINES OF REPEALED SECTIONS

205.225Grand larceny: Theft of certain animals; changing of brand or mark; killing of animal running at large; forfeiture; restitution.
205.235Grand larceny: Severing and removing part of realty of value of $250 or more.
205.237Grand larceny: Use of card or device for automatic withdrawal or transfer of money in financial institution.
205.245 Petit larceny: Severing and removing part of realty of value less than $250.
205.255 Larceny by lodger.".
amend the title of the bill to read as follows:

"An Act relating to crimes; making various changes to the provisions governing certain crimes against property; changing the penalties for certain crimes against property; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"Summary--Makes various changes to provisions and penalties relating to certain crimes against property. (BDR 15-1038)".

Senator James moved the adoption of the amendment.
Remarks by Senators James and Augustine.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 221.
Bill read second time and ordered to third reading.

Assembly Bill No. 101.
Bill read second time and ordered to third reading.

Assembly Bill No. 105.
Bill read second time and ordered to third reading.

Assembly Bill No. 107.
Bill read second time and ordered to third reading.

Assembly Bill No. 108.
Bill read second time and ordered to third reading.

Assembly Bill No. 130.
Bill read second time and ordered to third reading.

Assembly Bill No. 202.
Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Senate Bills Nos. 102, 164, 178, 202, 217, 230, 232, 244, 272; Assembly Bills Nos. 4, 8, 127; Assembly Joint Resolution No. 4, be taken from the General File and placed on the General File for the next legislative day.
Motion carried.

COMMUNICATIONS FROM STATE OFFICERS

Senator Raggio read the following announcement:

To: Senator William J. Raggio
From: Joe Dini, Speaker of the Assembly
Date: April 10, 1997
Subject: Assembly Concurrent Resolution
Day of Remembrance of the Holocaust

Mrs. Irene Guit Opdyke would like to deliver a message in remembrance of the Holocaust from the floor of the Assembly on Thursday, May 8, 1997, at 11 a.m., to the Sixty-Ninth Session of the Nevada Legislature, in the Assembly Chambers of the Legislative Building.
You and members of the Senate are cordially invited to join the Assembly in a joint recess as a day of remembrance of the Holocaust.
Please accept my invitation to participate in this event and call me at 684-8503 for seating.

UNFINISHED BUSINESS
SIGNING OF BILLS AND RESOLUTIONS

There being no objections, the President and Secretary signed Senate Bill No. 93.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Adler, the privilege of the floor of the Senate Chamber for this day was extended to Jan Bachman.

On request of Senator Augustine, the privilege of the floor of the Senate Chamber for this day was extended to Gwen Clancy.

On request of Senator James, the privilege of the floor of the Senate Chamber for this day was extended to Dan Gouker.

On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Laura Oki.

On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to Nancy Cummings.

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Diane Canfield.

On request of Senator Neal, the privilege of the floor of the Senate Chamber for this day was extended to Edna Perkins.

On request of Senator O'Connell, the privilege of the floor of the Senate Chamber for this day was extended to Wendy Starkweather.

On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Gloria Porter.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Martha Gould, Diane Baker, Sylvia Bartak, Michele Basta, Darrell Batson, Susan Boskoff, Lucy Bouldin, Sharon Brooks, Bonnie Buckley, Michael Buckley, Susi Coombs, Sally Edwards, Susan Graf, Martha Greene Del Haas, Monteria Hightower, Betty Hollman, Troy Hoyles, Mary Claire Hutchinson, Ann Jarrell, Sara Jones, Anita LaRuy, Charlyn Lewis, Keith Lockard, Frankie Lukasko, Joyce Martin, Duncan McCoy, Mary Anne Morton, Jeanne Munk, Gene Nelson, Janice Painter Kiki Freer-Parsons, Dana Phillips, Nadine Phinney, Janet Pozarski, Keri Putnam, Carolyn Rawles-Heiser, John Ray, Barbara Robinson, Guy Rocha, Norm Rosenberg, Bernard Sease, Suzy Sephapour, Susan Southwick, John Sparbel, Jean Spiller, Rhonda Strickland, Gloria Sturman, Millie Syring, Larry Tinker, Kim Tulman, Holly Van Valkenburgh Gail Veater and Leona Wright.

On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Danny Lee.

On request of Senator Regan, the privilege of the floor of the Senate Chamber for this day was extended to Ms. Myoung-Ja Lee Kwon.

On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Joan Kerschner.

On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Sally Kinsey.

On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Sharon Honig-Bear.

Senator Raggio moved that the Senate adjourn until Friday, April 18, 1997 at 9:30 a.m.
Motion carried.

Senate adjourned at 12:04 p.m.

Approved:

Lawrence E. Jacobsen

President pro Tempore of the Senate

Attest: Janice L. Thomas
Secretary of the Senate