ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND TWENTY-EIGHTH DAY
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Carson City (Tuesday), May 27, 1997
Assembly called to order at 11:19 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Lt. John Van Cleef.
Lord God, as we gather this day we are aware that You are omniscient, and we are not; that You are infinite, and we are finite. In Jesus' name grant those who govern this great state with discernment from Your unlimited wisdom; and insight from Your limitless perspective.
Amen. Pledge of allegiance to the Flag.
Assemblywoman Buckley moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
Richard Perkins,
Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Assembly Bill No. 471, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vivian L. Freeman,
Chairman
Mr. Speaker:
Your Concurrent Committee on Health and Human Services, 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.
Vivian L. Freeman,
Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Senate Bill No. 192, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Vivian L. Freeman,
Chairman
Mr. Speaker:
Your Concurrent Committee on Judiciary, 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.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 439, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which were referred Senate Bill No. 227; Senate Joint Resolution No. 11, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Marcia de Braga,
Chairman
Senate Chamber, Carson City, May 26, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 113, 131, 304.
Mary Jo Mongelli
Assistant Secretary of the Senate
By the Committee on Taxation:
Assembly Bill No. 536--An Act relating to taxation; providing an exemption from certain sales and use taxes and from the ad valorem tax on personal property for certain publicly displayed works of art; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 537--An Act relating to agricultural extension programs; revising provisions governing such programs; authorizing counties, as an alternative to such programs, to enter into cooperative agreements with certain organizations to provide continued education and training in agriculture, home economics and rural welfare; and providing other matters properly relating thereto.
Assemblywoman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 538--An Act relating to dog racing; making it a crime to conduct dog racing in this state; prohibiting the Nevada gaming commission from issuing a license to conduct dog racing or pari-mutuel wagering in connection with any dog race; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 539--An Act relating to the housing division of the department of business and industry; expanding the authority of the division to create or participate in nonprofit corporations; revising the provisions governing the issuance of letters of credit by the division for certain housing projects; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 540--An Act relating to counties; providing in skeleton form for the change of the name of Clark County to Las Vegas County; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Manendo, Buckley, Ohrenschall, Close, Koivisto, Price, Nolan, Segerblom, Collins, Herrera, Krenzer, Chowning, Bache, Williams, Perkins, Mortenson and Giunchigliani:
Assembly Bill No. 541--An Act relating to mobile homes; authorizing the imposition of an administrative fine against landlords, managers and assistant managers of mobile home parks who harass tenants; prohibiting a landlord of a mobile home park from purchasing a mobile home within the park; requiring a landlord of a mobile home park to maintain all trees within the park; requiring a manager or assistant manager in certain mobile home parks to reside in the park; revising provisions governing the adoption and amendment of rules and regulations for a mobile home park; prohibiting the accrual of fees for the late payment of rent to a mobile home park under certain circumstances; requiring the manufactured housing division of the department of business and industry to adopt regulations concerning initial and continuing education requirements for sellers, dealers and installers of mobile homes; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Commerce.
Motion carried.
By Assemblywoman Cegavske:
Assembly Bill No. 542--An Act relating to identification cards for persons without Nevada drivers' licenses; authorizing the department of motor vehicles and public safety to issue identification cards to persons who are seasonal residents of this state; and providing other matters properly relating thereto.
Assemblywoman Cegavske moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assemblywoman Buckley moved that Senate Bill No. 215 be taken from its position on the General File and placed at the top of the General File.
Motion carried.
Assembly Bill No. 193.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 404.
Amend section 1, page 2, line 4, after "official" by inserting "or representative".
Assemblywoman Krenzer moved the adoption of the amendment.
Remarks by Assemblywoman Krenzer.
Amendment adopted.
Bill ordered reprinted, 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. 371.
Amend the bill as a whole by deleting sections 1 through 456 and the leadlines of repealed sections and adding new sections designated sections 1 through 23, following the enacting clause, to read as follows:
"Section 1. Chapter 133 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will if necessary to prove the execution of the will.
Sec. 3. A specific devise passes subject to any mortgage existing on the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
Sec. 4. Chapter 144 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The executor or administrator may engage a certified public accountant or other expert in valuation to ascertain the fair market value, as of the date of the death of the decedent, of the interest of the decedent in a corporation, partnership, limited-liability company or other association.
2. Any such certified public accountant or expert in valuation is entitled to a reasonable compensation for his services and may be paid the compensation by the executor or administrator out of the estate at any time after completion of the report of the valuation.
Sec. 5. NRS 144.030 is hereby amended to read as follows:
144.0301. Before proceeding to the execution of his duty, each appraiser , certified public accountant or expert in valuation shall [take and subscribe an oath, before any person authorized to administer oaths,] certify that he will truly, honestly and impartially appraise or value the property [which is exhibited to him or called to his attention] according to the best of his knowledge and ability. The [oath must be attached to the inventory.] certification must be contained in the appraisal or valuation or filed with the court.
2. He shall then proceed to appraise the property of the estate. Each [article or parcel] item with an assessed value of more than $100 must be set down separately with the value thereof in dollars and cents in figures opposite to each [article or parcel, respectively.] item.
3. Any appraiser , certified public accountant or expert in valuation who directly or indirectly purchases any property of an estate which he has appraised [,] or valued, without full disclosure to and approval by the court, is guilty of a misdemeanor. A sale made in violation of the provisions of this subsection is void.
Sec. 6. NRS 144.070 is hereby amended to read as follows:
144.070The [inventory must be signed by the appraiser or appraisers, and the] executor or administrator shall take and subscribe an oath, before any person authorized to administer oaths, that the inventory contains a true statement of all the estate of the deceased which has come to his possession or of which he has knowledge, and particularly of all money belonging to the deceased, and of all just claims of the deceased against the executor or administrator. The oath must be endorsed upon or annexed to the inventory.
Sec. 7. NRS 145.020 is hereby amended to read as follows:
145.020All proceedings taken under this chapter, whether or not the decedent left a will, [shall] must be originated by a verified petition for letters testamentary or letters of administration containing:
1. Jurisdictional information;
2. A [specific] description of [all of the decedent's property.
2.] the property of the decedent, including, without limitation, the character and estimated value of the property; and
3. A list of [all the liens and encumbrances of record at the date of his death.
3. An estimate of the value of the property.] each heir, next of kin, legatee and devisee of the decedent. This list must include, without limitation, the name, age, address and relationship to the decedent of any such person.
Sec. 8. NRS 145.040 is hereby amended to read as follows:
145.040When it is made to appear to the court [, by affidavit or otherwise,] that the gross value of the estate does not exceed [$100,000,] $200,000, the court may, if deemed advisable considering the nature and character of the estate and the obligations thereof, make an order for a summary administration of the estate.
Sec. 9. NRS 146.070 is hereby amended to read as follows:
146.0701. When a person dies leaving an estate, the gross value of which after deducting any encumbrances does not exceed [$25,000,] $50,000, and there is a surviving spouse or minor child or minor children of the deceased, the estate must not be administered upon, but the whole thereof, after directing such payments as may be deemed just, must be, by an order for that purpose, assigned and set apart for the support of the surviving spouse or minor children, or for the support of the minor child or minor children, if there is no surviving spouse. Even though there is a surviving spouse, the court may, after directing such payments, set aside the whole of the estate to the minor child or minor children, if it is in their best interests.
2. When there is no surviving spouse or minor child of the deceased and the gross value of a decedent's estate, after deducting any encumbrances, does not exceed [$25,000,] $50,000, upon good cause shown therefor, the judge may order that the estate must not be administered upon but the whole thereof must be assigned and set apart:
First: To the payment of funeral expenses, expenses of last illness, money owed to the department of human resources as a result of payment of benefits for assistance to the medically indigent, and creditors, if there are any; and
Second: Any balance remaining to the claimant or claimants entitled thereto [.] pursuant to the will of the decedent, and if no will, pursuant to intestate succession.
3. All proceedings taken under this section, whether or not the decedent left a will, must not begin until at least 30 days after the death of the decedent and must be originated by a verified petition containing:
(a) A specific description of all of the decedent's property.
(b) A list of all the liens and encumbrances of record at the date of his death.
(c) An estimate of the value of the property.
(d) A statement of the debts of the decedent so far as known to the petitioner.
(e) The names, ages and residences of the decedent's heirs, devisees and
legatees.
The petition may include a prayer that if the court finds the gross value of the estate, less encumbrances, does not exceed [$25,000,] $50,000, the estate be set aside as provided in this section.
4. The petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedent's heirs, devisees and legatees and to the state welfare [division of the department of human resources. The] administrator. If a complete copy of the petition is not enclosed with the notice, the notice must include a statement [that a prayer for setting aside the estate to the spouse, or minor child or minor children, as the case may be, is included in the petition.] setting forth to whom the estate is being set aside.
5. No court or clerk's fees may be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding $2,500 in value.
6. If the court finds that the gross value of the estate, less encumbrances, does not exceed the sum of [$25,000,] $50,000, the court may direct that the estate be distributed to the father or mother of any minor heir or legatee, with or without the filing of any bond, or may require that a general guardian be appointed and that the estate be distributed to the guardian, with or without bond as in the discretion of the court seems to be in the best interests of the minor. The court may direct the manner in which the money may be used for the benefit of the minor.
Sec. 10. NRS 146.080 is hereby amended to read as follows:
146.0801. When a decedent leaves no real property, nor interest therein nor lien thereon, in this state, and the gross value of the decedent's property in this state, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed [$10,000, the surviving spouse, the children, lawful issue of deceased children, the parent, the brother or sister of the decedent, or the guardian of the estate of any minor or insane or incompetent person bearing that relationship to the decedent, if that] $20,000, a person who has a right to succeed to the property of the decedent [or] , a person who is the sole beneficiary under the last will and testament of the decedent [,] or the state welfare [division of the department of human resources,] administrator may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to him upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidences transferred.
2. An affidavit made pursuant to this section must state:
(a) The affiant's name and address, and that the affiant is entitled by law to succeed to the property claimed;
(b) That the decedent was a resident of Nevada at the time of his death;
(c) That the gross value of the decedent's property in this state, except amounts due to the decedent for services in the Armed Forces of the United States, does not exceed [$10,000,] $20,000, and that the property does not include any real property nor interest therein nor lien thereon;
(d) That at least 40 days have elapsed since the death of the decedent;
(e) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;
(f) That all debts of the decedent, including funeral and burial expenses and money owed to the department of human resources as a result of the payment of benefits for assistance to the medically indigent, have been paid or provided for;
(g) A description of the personal property and the portion claimed;
(h) That the affiant has given written notice, by personal service or by [certified] mail, identifying his claim and describing the property claimed, to every person whose right to succeed to the decedent's property is equal or superior to that of the affiant, and that at least [10] 14 days have elapsed since the notice was served or mailed; and
(i) That the affiant is personally entitled, or the department of human resources is entitled, to full payment or delivery of the property claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property.
3. If the affiant:
(a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property he receives is subject to all debts of the decedent.
(b) Fails to give notice to other successors as required by subsection 2, any money or property he receives is held by him in trust for all other successors who have an interest in the property.
4. A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon such information, and if he relies in good faith, he is immune from civil liability for actions based on that reliance.
5. Upon receiving proof of the death of the decedent and an affidavit containing the information required by this section:
(a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.
(b) A governmental agency required to issue certificates of ownership or registration to personal property shall issue a new certificate of ownership or registration to the person claiming to succeed to ownership of the property.
6. If any property of the estate not exceeding [$10,000] $20,000 is located in a state which requires an order of a court for the transfer of the property, or if it consists of stocks or bonds which must be transferred by an agent outside this state, any person qualified under the provisions of subsection 1 to have the stocks or bonds or other property transferred to him may do so by obtaining a court order directing the transfer. The person desiring the transfer must file a verified petition in a court of competent jurisdiction containing:
(a) A specific description of all of the property of the decedent.
(b) A list of all the liens and encumbrances of record at the date of the decedent's death.
(c) An estimate of the value of the property of the decedent.
(d) The names, ages and residences of the decedent's heirs and legatees.
(e) A prayer requesting the court to issue an order directing the transfer of the stocks or bonds or other property if the court finds the gross value of the estate does not exceed [$10,000.] $20,000.
If the court finds that the gross value of the estate does not exceed [$10,000] $20,000 and the person requesting the transfer is entitled to it, the court may issue an order directing the transfer.
Sec. 11. Chapter 147 of NRS is hereby amended by adding thereto a new section to read as follows:
1. On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement or distribution, or exercising any powers or discharging any duties of his office, or make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action that would jeopardize unreasonably the interest of the petitioner or of some other interested person. A person with whom the personal representative may transact business may be made a party.
2. The matter must be set for hearing within 10 days unless the parties otherwise agree. Notice as the court directs must be given to the personal representative and his attorney of record, if any, and to any other party named defendant in the petition.
3. As used in this section:
(a) "Person" includes, without limitation, a government, governmental agency or political subdivision of a government.
(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.
Sec. 12. NRS 147.090 is hereby amended to read as follows:
147.0901. No statute of limitations running on a cause of action belonging to a decedent which had not been barred as of the date of his death bars a cause of action surviving the death of the decedent sooner than 4 months after the death. A cause of action which, but for this section, would have been barred less than 4 months after death, is barred after 4 months, unless tolled.
2. A claim which is barred by the statute of limitations [shall] must not be allowed or approved by the executor or administrator, or by the judge. When a claim is presented to a judge for his allowance or approval, he may, in his discretion, examine the claimant and others on oath and hear any legal evidence touching the validity of the claim. No claim, which has been allowed, is affected by the statute of limitations, pending the administration of the estate.
Sec. 13. NRS 148.200 is hereby amended to read as follows:
148.200[1.] Personal property may be sold for cash, or upon a credit.
[2. If a sale is made upon a credit, not less than 25 percent of the purchase price shall be paid in cash at the time of sale. The executor or administrator shall take the note of the purchaser for the balance of the purchase money, with a pledge or chattel mortgage of the personal property sold, to secure the payment of the balance, or shall enter into a conditional sale contract under which title is retained until such balance is paid, the terms of the note and pledge or chattel mortgage or contract to be approved by the court at the time of confirmation of sale.]
Sec. 14. NRS 150.230 is hereby amended to read as follows:
150.2301. The executor or administrator shall, as soon as he has sufficient funds in his hands, upon receipt of a sworn statement of the amount due and without any formal action upon creditors' claims, pay the funeral expenses, the expenses of the last sickness, the allowance made to the family of the deceased, money owed to the department of human resources as a result of payment of benefits for assistance to the medically indigent and wage claims to the extent of $600 of each employee of the decedent for work done or personal services rendered within 3 months before the death of the employer , [;] but he may retain in his hands the necessary expenses of administration.
2. He is not obliged to pay any other debt or any legacy until the payment is ordered by the court.
3. He may, before court approval or order, pay any of the decedent's debts amounting to [$100] $500 or less if:
(a) Claims for payment thereof are properly filed in the proceedings;
(b) The debts are justly due; and
(c) The estate is solvent.
In settling the account of the estate, the court shall allow any such payment if the conditions of paragraphs (a), (b) and (c) have been met . [; otherwise,] Otherwise, the executor or administrator is personally liable to any person sustaining loss or damage as a result of such payment.
4. Funeral expenses and expenses of a last sickness are debts payable out of the estate of the deceased spouse and must not be charged to the community share of a surviving spouse, whether or not the surviving spouse is financially able to pay such expenses and whether or not the surviving spouse or any other person is also liable therefor.
Sec. 15. Chapter 151 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares or amounts to which they are entitled under the terms of the will of the decedent, or under the laws of intestacy, in any way that they provide in a written contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the contract subject to his obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of his office for the benefit of any successors of the decedent who are not parties. Personal representatives of the estate of decedents are not required to see to the performance of trusts if the trustee thereof is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the purposes of this section. This section does not relieve trustees of any duties owed to beneficiaries of trusts.
2. As used in this section:
(a) "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.
(b) "Successors" means persons, other than creditors, who are entitled to property of a decedent under the terms of his will or pursuant to this Title.
Sec. 16. NRS 151.090 is hereby amended to read as follows:
151.0901. When a petition for final distribution is filed, the petitioner shall give notice of the hearing of the petition [by mail] to all persons individually entitled to notice as provided in NRS 155.010.
2. The court may order such further notice as it may deem proper.
Sec. 17. Chapter 153 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, or in the will or trust, a trustee or executor may distribute property and money:
(a) In divided or undivided interests; and
(b) On a pro rata or nonpro rata basis.
2. Each beneficiary must agree before any property or money is distributed on a pro rata basis.
Sec. 18. NRS 153.040 is hereby amended to read as follows:
153.0401. The trustee or other fiduciary may petition the court, from time to time, for instructions as to the administration of the trust.
2. Upon the filing thereof, together with a verified statement of the trustee giving the names and post office addresses, if known, of the beneficiaries and any other persons interested in the granting of the petition, the clerk shall set the hearing by the court, and shall give notice thereof for the period and in the manner required by NRS 155.010.
3. The trustee shall cause notice of the hearing to be mailed to the beneficiaries [at their last known addresses,] and to all other persons interested in the granting of the petition, if any, as provided in NRS 155.010, whether they have requested special notice or given notice of appearance or not.
[4. If there be any beneficiaries or other persons interested in the granting of the petition whose post office addresses are unknown, the notice of the hearing on the petition shall be published in a daily newspaper on at least 2 different days before the hearing and at least 5 days must elapse between the last publication and the time set for hearing the petition.]
Sec. 19. NRS 155.010 is hereby amended to read as follows:
155.0101. [Unless] Except as otherwise provided in a specific statute relating to the kind of notice required or otherwise ordered by the court in a particular instance, [every notice required by this Title shall be given by registered or certified mail, postage prepaid, at least 10 days prior to the date set for hearing or other action by the court. Each such notice shall be addressed to the intended recipient at his last known address, receipt for delivery requested.
2. Notice shall be given to each executor, administrator or trustee who is not a party to the filing and to any person who has requested notice as provided for in this chapter or who is otherwise entitled to individual notice pursuant to this Title.] a petitioner shall cause notice of the time and place of the hearing of a petition to be given to any interested person or his attorney if he has appeared by attorney or requested that notice be sent to his attorney. Notice must be given:
(a) By mailing a copy thereof at least 14 days before the time set for the hearing by certified, registered or ordinary first-class mail addressed to the person being notified at the post office address given in his demand for notice, if any, or at his office or place of residence, if known;
(b) By personally delivering a copy thereof to the person being notified at least 14 days before the time set for the hearing; or
(c) If the address or identity of the person is not known and cannot be ascertained with reasonable diligence, by publishing at least once a week for 3 consecutive weeks a copy thereof in a newspaper having general circulation in the county where the hearing is to be held, the last publication of which must be at least 10 days before the date set for the hearing.
2. The court, for good cause shown, may provide for a different method or time of giving notice for any hearing.
3. Proof of the giving of notice [shall] must be made [at] on or before the hearing [; and if it appears to the satisfaction of the court that the notice has been regularly given the court shall so find in its order, and the order, when it becomes final, is conclusive upon all persons.] and filed in the proceeding.
4. As used in this section, "interested person" includes, without limitation, an heir, devisee, child, spouse, creditor, beneficiary and any other person having a property right in or claim against a trust estate or the estate of a decedent. The term includes, without limitation, a person having priority for appointment as personal representative and other fiduciaries representing interested persons. The meaning as it relates to particular persons must be determined according to the particular purposes of, and matter involved in, a proceeding.
Sec. 20. NRS 155.020 is hereby amended to read as follows:
155.0201. Notice of a petition for the probate of a will and the issuance of letters testamentary or for letters of administration and the notice to creditors must be given to:
(a) The persons respectively entitled thereto, including the state welfare administrator , [of the welfare division of the department of human resources, by mail] as provided in NRS 155.010; and
(b) The public, including creditors whose names and addresses are not readily ascertainable, by publication on three dates of publication before the hearing, and if the newspaper is published more than once each week there must be at least 10 days from the first to last dates of publication, including both the first and last days.
2. Every publication required by this section must be made in a newspaper printed in the county where the proceedings are pending, but if there is not such a newspaper, then in one having general circulation in that county.
3. The notice of the hearing upon the petition to administer the estate must be in substantially the following form:
NOTICE OF THE HEARING UPON THE PETITION TO
ADMINISTER THE ESTATE
Notice is hereby given that ................................ has filed in this court a petition for the probate of a will and for letters testamentary, or for letters of administration, of the estate of ................................, deceased, and a hearing has been set for the .......... day of ................, 19......, at .......... (a.m. or p.m.) at the courthouse of the above-entitled court.
All persons interested in the estate are notified to appear and show cause why the petition should not be granted.
Dated
4. As soon as practicable after appointment, every executor or administrator shall, in addition to publishing the notice to creditors, mail a copy of the notice to those creditors whose names and addresses are readily ascertainable and who have not already filed a claim. The notice must be in substantially the following form:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned has been appointed and qualified by the (giving the title of the court and the date of appointment) as executor or administrator (as the case may be) of the estate of ................................, deceased. All creditors having claims against the estate are required to file the claims with the clerk of the court within .......... (60 or 90) days after the mailing or the first publication (as the case may be) of this notice.
Dated
Sec. 21. NRS 159.085 is hereby amended to read as follows:
159.0851. Within 60 days after the date of his appointment, or, if necessary, such further time as the court may allow, a guardian of the estate shall make and file in the guardianship proceeding a verified inventory of all the property of the ward which comes to his possession or knowledge.
2. Whenever any property of the ward not mentioned in the inventory comes to the possession or knowledge of a guardian of the estate, he shall make and file in the guardianship proceeding a verified supplemental inventory within 30 days after the property comes to his possession or knowledge or include the property in his next accounting. The court may order which of the two methods the guardian shall follow.
3. The court may order all or any part of the property of the ward appraised as provided in NRS 144.020, 144.030, 144.070 and 144.090 [.] and section 4 of this act.
Sec. 22. NRS 159.197 is hereby amended to read as follows:
159.1971. After the winding up of the affairs of the guardianship, the guardian shall deliver physical possession of all of the ward's property to the ward, his executor or administrator or the successor guardian, as the case may be, and obtain a receipt therefor.
2. If the guardianship has terminated by reason of the death of the ward, the court, by order, may authorize the guardian to distribute the deceased ward's property in the same manner as authorized by NRS 146.070, if the gross value of the property, less encumbrances, remaining in the hands of the guardian does not exceed [$25,000,] $50,000, or as authorized by NRS 146.080, if the gross value of the property remaining in the hands of the guardian does not exceed [$10,000.] $20,000.
Sec. 23. NRS 164.030 is hereby amended to read as follows:
164.0301. Any trustee whose appointment has been confirmed, as provided in NRS 164.010, at any time thereafter may petition the court for instructions in the administration of the trust or for a construction of the trust instrument, or upon or after the filing of a final account, for the settlement and allowance thereof.
2. Upon the filing of the petition the court shall make an order fixing a time and place for hearing thereof, unless hearing has been waived in writing by the beneficiaries of the trust.
3. Unless otherwise ordered by the court, notice of the hearing [shall] must be given as follows:
(a) The clerk shall [cause a copy of the order to be posted at the courthouse of the county where the proceedings are pending, at least 10 days before the day of the hearing; and] set the petition for hearing;
(b) The petitioner must give notice stating the filing of the petition and the object and time of the hearing to all interested persons as provided in NRS 155.010; and
(c) The trustee filing such petition shall cause a copy of the order to be delivered to the beneficiaries of the trust as follows:
(1) By handing the notice or copy to the beneficiary personally or to his guardian, or attorney of record; or
(2) By sending it by registered or certified mail with return receipt requested to such beneficiary, or his guardian or attorney of record, at the last known address of the addressee.
4. Upon the hearing the court shall make such order as it deems appropriate, which order [shall be] is final and conclusive as to all matters thereby determined and binding in rem upon the trust estate and upon the interests of all beneficiaries, vested or contingent, except that appeal to the supreme court may be taken from the order within 30 days from the entry thereof by filing notice of appeal with the clerk of the district court, who shall mail a copy of the notice to each adverse party who has appeared of record.".
Amend the title of the bill to read as follows:
Assembly Bill No. 323.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 369.
Amend section 1, page 1, by deleting lines 3 through 15 and inserting:
"1. Except as otherwise provided in this subsection, a person shall not ride on any part of a vehicle [upon any portion thereof] being operated on a paved highway if that part of the vehicle is not designed or intended for the use of passengers. This provision does not apply to [an] :
(a) An employee engaged in the necessary discharge of a duty [, or to a person or persons] ;
(b) A person riding within the body of a truck [bodies and] or within an enclosed space intended for merchandise [.] ; or
(c) A person who is riding within the bed of a pickup truck, regardless of whether the bed is open or covered by a camper shell or slide-in camper.
The exceptions set forth in this subsection do not relieve a person who is operating a pickup truck of the duty to comply with the provisions of subsection 2.
2. Except as otherwise provided in this subsection, a person operating a pickup truck on a paved highway at a speed in excess of 20 miles per hour shall not allow a person who is less than 18 years of age to ride within the open bed of that pickup truck unless:
(a) The person who is less than 18 years of age is sitting in a seat that complies with the federal motor vehicle safety standards for seating systems adopted by the National Highway Traffic Safety Administration of the United States Department of Transportation;
(b) The person who is less than 18 years of age is wearing a safety belt; and
(c) The seat and safety belt are bolted or otherwise fastened securely to the frame, body or bed of the pickup truck.
This provision does not apply to a person who has entered upon the paved highway solely to traverse directly across to the other side of the highway.".
Amend section 1, page 2, line 2, after "person" by inserting:
"who violates subsection 1".
Amend section 1, page 2, line 10, after "Negligence" by inserting "or causation".
Amend section 1, page 2, between lines 13 and 14, by inserting:
"(b) "Open bed" means the bed of a pickup truck that is not enclosed by a camper shell or slide-in camper.
(c) "Pickup truck" does not include a motor vehicle, the bed or cargo area of which is enclosed within the body of the vehicle.".
Amend section 1, page 2, line 14, by deleting "(b)" and inserting "(d)".
Amend the title of the bill to read as follows:
Assembly Bill No. 344.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 437.
Amend sec. 7, page 3, line 8, by deleting:
"may, on its own motion," and inserting "may".
Amend sec. 7, page 3, by deleting lines 11 and 12 and inserting:
"information described in paragraph (b) of subsection 1 shall be deemed to be a complaint upon motion of the commission.".
Amend sec. 8, page 3, line 15, by deleting "facts" and inserting "allegations".
Amend sec. 8, page 3, line 18, by deleting "facts," and inserting "allegations,".
Amend sec. 8, page 3, line 20, by deleting "facts," and inserting "allegations,".
Amend sec. 9, page 3, line 23, by deleting "facts" and inserting "allegations".
Amend sec. 9, page 3, by deleting lines 26 and 27 and inserting:
"the allegations have merit.".
Amend sec. 22, page 8, line 42, by deleting:
"substance of a" and inserting:
"alleged conduct of a justice or judge underlying the".
Assemblyman Sandoval moved the adoption of the amendment.
Remarks by Assemblyman Sandoval.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 409.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 440.
Amend section 1, page 2, by deleting lines 22 through 24 and inserting:
"examiners may authorize its clerk to approve contracts which are [for] :
(a) For amounts less than [$2,000] $5,000 or, in contracts necessary to preserve life and property, for amounts less than [$5,000.] $25,000.
(b) Entered into by the state gaming control board for the purposes of investigating an applicant for or holder of a gaming license.
The state board of ".
Amend sec. 2, page 4, by deleting lines 11 through 13 and inserting:
"authorize its clerk to approve contracts which are:
(a) For amounts less than $5,000 or, in contracts necessary to preserve life and property, for amounts less than $25,000.
(b) Entered into by the state gaming control board for the purposes of investigating an applicant for or holder of a gaming license.
The state board of examiners shall".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 423.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 438.
Amend section 1, page 1, line 11, after "employee" by inserting:
"or former officer or employee".
Amend section 1, page 1, line 12, after "trained in" by inserting "forensic".
Amend section 1, page 2, line 17, after "2." by inserting:
"The court, on its own motion or that of a party, may exclude the testimony of a person who previously has undergone hypnosis to recall events which are the subject matter of the testimony if the court determines that such testimony is unreliable or is otherwise inadmissible.
3.".
Amend section 1, page 2, line 20, by deleting "3." and inserting "4.".
Amend section 1, page 2, line 26, by deleting "4." and inserting "5.".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblymen Anderson and Price.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 436.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 441.
Amend sec. 8, page 2, line 25, by deleting "and".
Amend sec. 8, page 2, line 27, by deleting "committee." and inserting:
"committee; and
(c) The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources, or his designated representative, who is an ex officio nonvoting member of the advisory committee.".
Amend sec. 15, page 5, line 16, by deleting "Engineer." and inserting:
"Engineer and the Division of Environmental Protection of the State Department of Conservation and Natural Resources.".
Amend sec. 16, page 5, by deleting lines 17 and 18 and inserting:
"Sec. 16. Nothing in this act supersedes the authority granted to:
1. The State Engineer in chapters 532, 533 and 534 of NRS.
2. The State Environmental Commission and the Division of Environmental Protection of the State Department of Conservation and Natural Resources in chapters 444, 445A, 445B, 459, 486A, 519A and 590 of NRS.".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 437.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 442.
Amend section 1, page 1, line 2, by deleting:
"2 to 5, inclusive," and inserting:
"2, 3 and 4".
Amend the bill as a whole by deleting sec. 3 and renumbering sections 4 through 15 as sections 3 through 14.
Amend sec. 14, page 5, line 21, by deleting "13" and inserting "12".
Amend sec. 15, page 5, by deleting lines 23 through 26 and inserting:
"Sec. 14. 1. This section and sections 3, 12 and 13 of this act become effective on July 1, 1997.
2. Sections 1 and 4 to 11, inclusive, of this act become effective on October 1, 1997.".
Amend the title of the bill by deleting the third line and inserting:
"repealing the revolving account for".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Assemblyman Bache moved that Assembly Bill No. 437 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.
Senate Bill No. 207.
Bill read second time and ordered to third reading.
Senate Bill No. 237.
Bill read second time and ordered to third reading.
Assembly Bill No. 54.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 54:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 54 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assemblyman Hettrick moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 12:16 p.m.
At 12:34 p.m.
Mr. Speaker presiding.
Quorum present.
Assembly Bill No. 263.
Bill read third time.
Remarks by Assemblywoman Evans.
Roll call on Assembly Bill No. 263:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 263 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 322.
Bill read third time.
Remarks by Assemblywoman de Braga.
Assemblywoman Buckley moved that Assembly Bill No. 322 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Buckley.
Motion carried.
Assembly Bill No. 374.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 408.
Amend section 1, page 2, line 16, by deleting "previously constructed " and inserting:
"constructed on or after July 1, 1999".
Amend sec. 3, page 3, line 20, by deleting "previously constructed " and inserting:
"constructed on or after July 1, 1998".
Amend sec. 6, page 4, by deleting lines 3 through 5 and inserting:
"Sec. 6. This act becomes effective on July 1, 1997.".
Assemblyman Hettrick moved the adoption of the amendment.
Remarks by Assemblyman Hettrick.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 421.
Bill read third time.
Remarks by Assemblymen Gustavson, Sandoval and Humke.
Conflict of interest declared by Assemblyman Sandoval.
Potential conflict of interest declared by Assemblyman Humke.
Roll call on Assembly Bill No. 421:
Yeas -- 41.
Nays -- None.
Not voting -- Sandoval.
Assembly Bill No. 421 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 428.
Bill read third time.
Remarks by Assemblymen Price, Giunchigliani, Carpenter and Bache.
Assemblyman Bache moved that Assembly Bill No. 428 be re-referred to the Committee on Ways and Means.
Remarks by Assemblymen Bache and Price.
Motion carried.
Assembly Joint Resolution No. 9.
Resolution read third time.
Remarks by Assemblymen Giunchigliani, Goldwater, Lambert, Tiffany, Collins, Bache, Carpenter and Price.
Roll call on Assembly Joint Resolution No. 9:
Yeas--24.
Nays--Amodei, Berman, Braunlin, Carpenter, Cegavske, Close, Dini, Ernaut, Goldwater, Gustavson, Hettrick, Hickey, Humke, Lambert, Marvel, Sandoval, Tiffany, Von Tobel--18.
Assembly Joint Resolution No. 9 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Senate Bill No. 46.
Bill read third time.
Remarks by Assemblymen Parks, Freeman and Cegavske.
Roll call on Senate Bill No. 46:
Yeas -- 42.
Nays -- None.
Senate Bill No. 46 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 83.
Bill read third time.
Remarks by Assemblymen Lambert, Segerblom, Collins, Price, Chowning and Bache.
Roll call on Senate Bill No. 83:
Yeas -- 35.
Nays -- Collins, Gustavson, Manendo, Ohrenschall, Price, Sandoval, Segerblom - 7.
Senate Bill No. 83 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 85.
Bill read third time.
Remarks by Assemblywoman Freeman.
Roll call on Senate Bill No. 85:
Yeas -- 42.
Nays -- None.
Senate Bill No. 85 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 92.
Bill read third time.
Remarks by Assemblymen Herrera, Parks, Price and Chowning.
Potential conflict of interest declared by Assemblymen Parks, Price and Chowning.
Roll call on Senate Bill No. 92:
Yeas -- 42.
Nays -- None.
Senate Bill No. 92 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 96.
Bill read third time.
Remarks by Assemblyman Perkins.
Roll call on Senate Bill No. 96:
Yeas -- 42.
Nays -- None.
Senate Bill No. 96 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 149.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Senate Bill No. 149:
Yeas -- 42.
Nays -- None.
Senate Bill No. 149 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 193.
Bill read third time.
Remarks by Assemblyman Perkins.
Roll call on Senate Bill No. 193:
Yeas -- 42.
Nays -- None.
Senate Bill No. 193 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 238.
Bill read third time.
Remarks by Assemblyman Manendo.
Roll call on Senate Bill No. 238:
Yeas -- 42.
Nays -- None.
Senate Bill No. 238 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
On request of Assemblywoman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Joanne Turner, Lucinda Alipio, Crystal Allen, Kristen Allen, Hayley Anderson, Adam Baumann, J. J. Billett, Tessa Black, Afton Brown, Jennifer Brown, Brooke Butters, Karin Christiansen, Evelyn Christie, Katherine Clark, Jacqueline Cottle, Vicki De La Cruz, Suzie Erickson, Michelle Flores, Donald Frey, Tony Guillen, Jennifer Houck, Janeen Malkovich, Mrs. Monroe and Joanne Tanner.
On request of Assemblywoman Lambert, the privilege of the floor of the Assembly Chamber for this day was extended to Treva Williams, Caitlin Balchunas, Kevin Clifford, Lindsey Cope, Cathleen Davis, Lee Ensminger, Stephanie Foote, Mike Hill, Emily Kerr, Ryan Kersey, Martin Markee, Bryant Much, Mercedes Nava, Chris Olsen, Allison Ruppert, Brandon Salem-Kettle, Navneet Samra, Paige Sargent, David Snyder-Brownell, Ryan Hoeck, Emil Yankov, Chantell Swift, Natalie Valentine, Roy Taylor, Kylee Mischke, Brooke Kary, Kevin Kraemer, Joseph Stuart, Troy Abrahamson, Ann Foster, Alex Polkinhorn, James Hopkins, Peter Attashain, Walter Franco, Ryan Hussey, Eric Rogers, Bryon Majusiak, Sean Bird, Ryan Allen, Jessica Penley, Jillian Edelnant, Young Ran, Samantha Chou, Emily Bennett, Justine Hernandez, Enith Ballinas, Shannon Henderson, Jamie Connolly, Jennifer Turner, Matt Breslow, Brady Monette, Mrs. Linde, Mrs. Rogers, Mrs. Ensminger, Mr. Sargent, Mrs. Allen, Mrs. Torres and Ms. Partridge.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Cassie Baker, Cassidy Baxter, Chris Bloomfield, Brittany Brown, Justin Casey, Ben Clark, Nathanial Clark, Marty Greenstein, Katherine Henkelman, Daniel Kane, Eric Marantette, Kathryn Morton, Danny Nielsen, Shannon Nunnemaker, Lindsey Olson, Rachel Pesis, Jeri Pope, Shea Salazar, Andrew Stockhoff, Steven Keatch, Elizabeth Wentworth, Nancy Wong, Danielle Garcia, Heather Beaudette, Ryan Briscoe, Melissa Chandler, Andrew Dailey, Jamie Dittenber, Lewis Evans, Caleb Gesick, Bridget Gordon, Robert Handley, Jessie Hong, Jennifer Huckabay, Danielle Jones, Kurt Libby, Jared Madison, John Manuta, Sierra Neville, Daryl Nourse, Jennifer Saunders, Dorothy Seidel, Belinda Suwe, Kristi Volk, Katy Wilson, Jasia Wojtowicz and Misha Zaitzeff.
On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Mary Pierczynski.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Erin Lowery.
Assemblywoman Buckley moved that the Assembly adjourn until Wednesday, May 28, 1997 at 10:30 a.m.
Motion carried.
Assembly adjourned at 1:35 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly