NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND THIRTY-FIRST DAY
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Carson City (Friday), May 30, 1997

Assembly called to order at 11:19 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Nolan.
Prayer by the Chaplain, Lt. John Van Cleef.
Our Father, who art in Heaven, hallowed be Thy name. Thy kingdom come, Thy will be done, on earth as it is in Heaven. Give us this day our daily bread, and forgive us our trespasses as we forgive those who trespass against us. Lead us not into temptation, but deliver us from the evil one. For Thine is the kingdom, and the power and the glory forever.

Amen.

Pledge of allegiance to the Flag.

Assemblyman Perkins 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.

REPORTS OF COMMITTEES

Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 366, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Concurrent Committee on Judiciary, to which was referred Assembly Bill No. 377, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Bernie Anderson,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which were referred Assembly Bill No. 456; Senate Joint Resolution No. 14, 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 was referred Assembly Bill No. 327, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Marcia de Braga,

Chairman

Mr. Speaker:
Your Committee on Taxation, to which were referred Senate Bills Nos. 198, 223, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Robert E. Price,

Chairman

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, May 29, 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. 68, 114, 120, 144, 154, 189, 250, 251, 324.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Assembly Bill No. 292 and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 323, 344, 358, 407, 408.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 297.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly amendment to Senate Bill No. 46.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

By the Committee on Elections, Procedures, and Ethics:
Assembly Concurrent Resolution No. 32--Directing the Legislative Commission to conduct an interim study of family court systems.
Assemblywoman Giunchigliani moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.

By Assemblymen Bache, Parks, Giunchigliani, Ernaut, Buckley, Amodei, Manendo, Braunlin, Lee, Hickey, Lambert, Koivisto, Humke, Williams, de Braga, Freeman, Berman, Collins, Anderson, Segerblom, Mortenson, Herrera, Ohrenschall, Krenzer, Evans, Sandoval, Chowning, Price, Dini, Close, Cegavske and Perkins:
Assembly Concurrent Resolution No. 33--Directing the Legislative Commission to conduct an interim study of issues relating to homeowners' associations.
Assemblyman Bache moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Transportation:
Assembly Bill No. 551--An Act relating to the department of motor vehicles and public safety; revising provisions governing the release of certain records of the department to certain investigators, insurers and organizations; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.

By the Committee on Transportation:
Assembly Bill No. 552--An Act relating to special license plates; revising the provisions governing the fees collected by the department of motor vehicles and public safety for the issuance and renewal of certain special license plates; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.

By the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 553--An Act relating to elections; revising the manner of enforcing the prohibitions against making a false statement of fact concerning a candidate or a question on a ballot and willfully impeding the success of the campaign of a candidate or the campaign for the passage or defeat of a question on a ballot; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.

By the Committee on Judiciary:
Assembly Bill No. 554--An Act relating to marriage; making various changes to provisions governing the recognition of marriages performed within Indian reservations and colonies; 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 Judiciary:
Assembly Bill No. 555--An Act relating to shooting ranges; providing that a shooting range is subject only to the laws related to the control of noise that were in effect when the range was approved; providing immunity from civil liability to a person who owns, operates or uses a shooting range for damages related to noise if the shooting range is in compliance with any such law; providing that noise from a shooting range does not constitute a public nuisance if the range complies with any such law; 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 Taxation:
Assembly Bill No. 556--An Act relating to taxation; clarifying the provisions governing the imposition and collection of the taxes on the rental of transient lodging; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Taxation.
Motion carried.

By Assemblymen Bache, Anderson, Giunchigliani, Neighbors, Koivisto, Humke, Berman, Freeman, Collins, Manendo, Buckley, Segerblom, de Braga, Lambert, Parks, Lee, Braunlin, Mortenson, Herrera, Amodei, Williams, Ohrenschall, Krenzer, Evans, Sandoval, Chowning, Price, Dini, Ernaut, Close, Perkins and Cegavske:
Assembly Bill No. 557--An Act relating to child care facilities; requiring persons who operate child care facilities to provide certain safety drills for certain children; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.

By Assemblymen Chowning, Herrera, Goldwater, Krenzer, Cegavske, Close, Von Tobel, Giunchigliani, Evans, Collins, Mortenson, Sandoval, Gustavson, Lee, Koivisto, Parks, Buckley, Bache, Price, Anderson, Amodei, de Braga, Hickey, Neighbors and Hettrick:
Assembly Bill No. 558--An Act making an appropriation to the Clark County School District for the continuation of the pilot program for the instruction of pupils whose primary language is not English; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

By Assemblymen Chowning, Herrera, Evans, Collins, Koivisto, Parks, Buckley, Bache, Price, Cegavske, Anderson, Gustavson, Amodei, de Braga and Neighbors:
Assembly Bill No. 559--An Act relating to education; requiring the State Board of Education to establish a task force to develop standards for achieving equitable educational opportunity for pupils; authorizing the public schools, school districts and sponsors of certain programs to apply for grants to carry out the standards; making an appropriation; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.

Senate Bill No. 297.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 323.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Senate Bill No. 344.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 358.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 407.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 408.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that the vote whereby Senate Bill No. 323 was referred to the Committee on Government Affairs be rescinded.
Motion carried.

Assemblyman Perkins moved that Senate Bill No. 323 be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 178.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 480.
Amend the bill as a whole by deleting sections 1 through 4 and adding new sections designated sections 1 through 14, following the enacting clause, to read as follows:
"Section 1. Chapter 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. "Drivetrain" means those components and systems within a motor vehicle that transfer power from the engine of the vehicle to the wheels of the vehicle, including, without limitation, a transmission, driveshaft, torque converter, differential, universal joint and constant velocity joint.
Sec. 4. "Used vehicle" has the meaning ascribed to it in NRS 482.132.
Sec. 5. "Used vehicle dealer" has the meaning ascribed to it in NRS 482.133.
Sec. 6. Before a used vehicle dealer may sell a used vehicle to a retail customer, the used vehicle dealer must first conduct a reasonably thorough inspection of that vehicle, inspecting for soundness and safety the components and systems of the vehicle's engine and drivetrain.
Sec. 7. 1. Except as otherwise provided in section 8 of this act, a used vehicle dealer who sells to a retail customer a used vehicle, the odometer of which registers 75,000 miles or more, shall issue to that retail customer an express written warranty which complies with the requirements set forth in subsection 2 and is valid for the period set forth in the schedule of warranties created pursuant to section 9 of this act.
2. An express written warranty required pursuant to subsection 1 must contain a statement that, in the event the operation of the used vehicle becomes impaired as a result of a defect in a component or system of the vehicle's engine or drivetrain, the used vehicle dealer shall, with reasonable promptness, correct the defect or cause the defect to be corrected. A used vehicle dealer who is required to correct a defect or cause a defect to be corrected pursuant to a warranty issued pursuant to subsection 1 shall correct the defect or cause the defect to be corrected at a charge to the retail customer who purchased the used vehicle not to exceed $25.
Sec. 8. Notwithstanding the provisions of section 7 of this act, a used vehicle dealer may sell to a retail customer a used vehicle, the odometer of which registers 75,000 miles or more, without an express written warranty if before completing the sale, the used vehicle dealer discloses to the retail customer in writing any defects in the components and systems of the vehicle's engine and drivetrain of which the used vehicle dealer knows or reasonably should know after conducting the inspection required pursuant to section 6 of this act.
Sec. 9. If an express written warranty is required for a used vehicle pursuant to section 7 of this act, the duration of such a warranty must be determined pursuant to this section. If, on the date the vehicle was purchased from the used vehicle dealer, the odometer in the used vehicle registered:
1. At least 75,000 but less than 80,001 miles, the warranty is valid for a period of 30 days therefrom or until the odometer in the vehicle registers 1,000 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.
2. At least 80,001 but less than 85,001 miles, the warranty is valid for a period of 20 days therefrom or until the odometer in the vehicle registers 600 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.
3. At least 85,001 but less than 90,001 miles, the warranty is valid for a period of 10 days therefrom or until the odometer in the vehicle registers 300 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.
4. At least 90,001 but less than 100,001 miles, the warranty is valid for a period of 5 days therefrom or until the odometer in the vehicle registers 150 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.
5. At least 100,001 miles, the warranty is valid for a period of 2 days therefrom or until the odometer in the vehicle registers 100 miles more than on the date the vehicle was purchased from the used vehicle dealer, whichever occurs earlier.
The period for which a warranty is valid pursuant to this section must be tolled during any period in which the operation of the vehicle is impaired as a result of a defect in a component or system of the vehicle's engine or drivetrain.
Sec. 10. 1. Before a natural person who is not a vehicle dealer or used vehicle dealer may sell a used vehicle to another natural person, the seller shall first disclose in writing to the prospective purchaser those defects in the systems and components of the vehicle's engine and drivetrain known to the seller.
2. The duty of disclosure set forth in subsection 1 does not expressly or impliedly require a natural person who sells a used vehicle to conduct an inspection in connection therewith.
Sec. 11. 1. The department of motor vehicles and public safety may impose an administrative fine, not to exceed $2,500, for a violation of sections 6 to 9, inclusive, of this act, or any regulation adopted pursuant thereto. The department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
2. All administrative fines collected by the department pursuant to subsection 1 must be deposited with the state treasurer to the credit of the account for regulation of used vehicle dealers, which is hereby created in the state highway fund. Money in the account may be used only for the administration of NRS 481.048 and sections 6 to 9, inclusive, of this act.
3. In addition to any other remedy provided by law, the department may compel compliance with sections 6 to 9, inclusive, of this act, and any regulation adopted pursuant thereto, by injunction or other appropriate remedy and the department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 12. The department of motor vehicles and public safety may adopt regulations to carry out the provisions of sections 2 to 11, inclusive, of this act.
Sec. 13. NRS 41.600 is hereby amended to read as follows:
41.600 1. An action may be brought by any person who is a victim of consumer fraud.
2. As used in this section, "consumer fraud" means:
(a) An unlawful act as defined in NRS 119.330;
(b) An act prohibited by sections 6 to 9, inclusive, of this act;
(c) An act prohibited by NRS 482.351; or
[(c)] (d) A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive.
3. If the claimant is the prevailing party, the court shall award any damages that he has sustained.
4. Any action brought pursuant to this section is not an action upon any contract underlying the original transaction.
Sec. 14. NRS 481.048 is hereby amended to read as follows:
481.048 1. There is hereby created, within the registration division of the department, the bureau of enforcement.
2. The director shall appoint, within the limits of legislative appropriations, investigators in the bureau of enforcement of the registration division of the department.
3. The duties of the investigators are to travel the state and:
(a) Act as investigators in the enforcement of the provisions of chapters 482 , [and] 487 and 597 of NRS, NRS 108.265 to 108.360, inclusive, and 108.440 to 108.500, inclusive, as those sections pertain to motor vehicles, trailers, motorcycles, recreational vehicles and semitrailers, as defined in chapter 482 of NRS.
(b) Act as adviser to dealers in connection with any problems arising under the provisions of that chapter.
(c) Cooperate with personnel of the Nevada highway patrol in the enforcement of the motor vehicle laws as they pertain to dealers.
(d) Perform such other duties as may be imposed by the director.".
Amend the title of the bill to read as follows:
"AN ACT relating to motor vehicles; requiring a used vehicle dealer to conduct certain inspections on each used vehicle that he sells to a retail customer; requiring a used vehicle dealer to provide certain warranties for certain used vehicles that he sells to retail customers or alternatively to disclose certain defects in those vehicles; requiring a natural person to disclose known defects in a vehicle that he sells to another natural person; providing penalties; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY--Revises provisions relating to sale of certain used vehicles. (BDR 52-745)".
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 358.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 375.
Amend sec. 2, page 1, line 8, after "years." by inserting:
"A landlord shall inform such persons about the availability of such long-term rental agreements.".
Amend sec. 2, pages 1 and 2, by deleting lines 9 through 16 on page 1 and lines 1 through 6 on page 2 and inserting:
"2. A rental agreement entered into pursuant to subsection 1:
(a) Must be written in clear and concise language that is set forth in at least 10-point type or handwritten legibly on a form approved by the division.
(b) Must not contain any provision that is unlawful or unconscionable.
(c) Must contain the provisions required pursuant to subsection 3.
3. A rental agreement entered into pursuant to subsection 1 must contain a provision that authorizes:
(a) The tenant, the spouse of the tenant or, if applicable, the guardian of the tenant, to terminate the agreement without notice if, during the period the agreement is in force:
(1) The tenant or the spouse of the tenant is medically certified as disabled; or
(2) The tenant or the spouse of the tenant dies.
(b) The tenant to, in accordance with subsection 4:
(1) Assign his rights under an existing rental agreement to a person who purchases the mobile home of the tenant.
(2) Sublease the site on which his mobile home is located.
(c) The landlord to increase the rent:
(1) Not more often than once every 12 months by a percentage which is not more than the percentage of the increase in the Consumer Price Index (All Items) for the preceding calendar year;
(2) To pay for an improvement to the mobile home park which is required by a governmental entity or for the maintenance of such an improvement; and
(3) To pay for a capital improvement to the mobile home park which costs more than $20,000, unless the project is disapproved by a majority of the tenants of the mobile home park pursuant to section 3 of this act.
4. Before a tenant may execute an assignment or sublease pursuant to a provision of a rental agreement required by paragraph (b) of subsection 3, the tenant must notify the landlord of that intent. Except as otherwise provided in subsection 5, a landlord may disapprove such an assignment or sublease only if:
(a) The landlord determines that the person to whom the assignment or sublease will be made:
(1) Lacks the financial ability to pay the rental fee; or
(2) Would pose an unreasonable threat to the safety or peaceful enjoyment of the other tenants of the mobile home park; and
(b) Within 7 days after receiving from the tenant the required notice of intent to execute an assignment or sublease, the landlord notifies the tenant in writing of the determination made pursuant to paragraph (a).
A landlord shall not require an assignee or sublessee to pay an application fee or other administrative fee to enter into a contract with a tenant in accordance with this section.
5. Notwithstanding the provisions of subsection 4, a landlord may not disapprove an assignment made by a bona fide creditor of a tenant.
6. The provisions of this section do not apply to a mobile home park that has 100 or fewer mobile home lots.".
Amend sec. 3, page 2, between lines 38 and 39, by inserting:
"6. The provisions of this section do not apply to a mobile home park that has 100 or fewer mobile home lots.".
Amend the title of the bill, third line, after "circumstances;" by inserting:
"setting forth the provisions that must be included in such an agreement; authorizing a tenant to execute an assignment or sublease in certain circumstances;".
Assemblyman Perkins moved the adoption of the amendment.
Remarks by Assemblyman Perkins.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 360.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 477.
Amend sec. 4, page 2, by deleting line 15 and inserting:
"cover losses of the bank and [an impairment of the capital stock is created.] the stockholders' or members' equity of the bank has been reduced below the requirements of law.".
Amend sec. 6, page 2, by deleting lines 32 through 34 and inserting:
"reduced [in value] below the requirements of law, or [of its] that the articles of incorporation [or organization,] of the bank have been unlawfully amended to reduce the authorized stock of the bank in violation of NRS 661.035, he shall forthwith issue an order directing".
Amend the bill as a whole by deleting sec. 22 and renumbering sections 23 through 70 as sections 22 through 69.
Amend sec. 23, page 9, line 44, after "of the" by inserting:
"bank to require the".
Amend sec. 23, page 10, by deleting lines 21 through 23 and inserting:
"4.] require the bank to make the impairment good.
3. If, within 3 months after [receiving] the officers and directors of the bank receive the notice from the commissioner, the bank fails to make [good the deficiency in".
Amend sec. 35, page 18, by deleting line 25 and inserting:
"classes of stock [entitled to vote on the proposal] that are included in the plan and by the commissioner. In".
Amend sec. 43, page 22, by deleting lines 33 through 39 and inserting:
"for all money deposited on open account.
4. The [receipt or passbook must contain the] rules and regulations adopted by the bank governing [the deposit or if the passbook does not contain those rules and regulations, they] deposits must be [printed] :
(a) Included in the receipt or passbook issued pursuant to subsection 3;
(b) Printed and conspicuously posted in [some] a place accessible and visible to all persons in the business office of the bank [, and the rules and regulations must be accepted by the depositor, and thereupon shall be deemed agreed to by him.] ; or
(c) Provided directly to the depositor.
5. Payments from the account to".
Amend sec. 43, page 23, by deleting line 5 and inserting:
"[4. Nothing in this Title prohibits]
6. This Title does not prohibit a bank".
Amend sec. 47, page 24, line 17, by deleting "its capital" and inserting "its [capital]".
Amend sec. 48, page 25, line 27, by deleting "Exercise" and inserting:
"Subject to the approval of the commissioner, exercise".
Amend sec. 48, page 25, line 31, after "2." by inserting:
"The commissioner shall not approve the exercise of any power or the engagement in any activity pursuant to paragraph (d) or (e) of subsection 1 if the commissioner determines that the exercise of that power or the engagement in that activity would be inconsistent with safe and sound banking practices.
3.".
Amend sec. 48, page 25, line 35, by deleting "3." and inserting "4.".
Amend sec. 55, page 32, by deleting lines 15 through 17 and inserting:
"another state as a home state, the laws of the home state prevail , except that:
(a) The commissioner may, by regulation, order that Nevada law".
Amend sec. 55, page 32, line 20, by deleting:
"state . [; and" and inserting "state; and".
Amend sec. 55, page 32, line 25, by inserting an open bracket before "4.]".
Amend sec. 56, page 33, line 1, by deleting "depository institution" and inserting "bank ".
Amend sec. 56, page 33, by deleting lines 6 through 9 and inserting:
"a bank.
(c) A bank that was originally chartered as a Nevada depository institution other than a bank shall be deemed to have been in existence for the period since the original articles of incorporation or organization of the depository institution were filed with the secretary of state.
(d) If a Nevada depository institution becomes the successor in interest to the business of an out-of-state depository institution without a branch bank in this state that previously acquired a Nevada depository institution or to an out-of-state holding company without a branch bank in this state that ".
Amend sec. 61, page 36, line 28, after "named " by inserting:
", or whose selection is provided for,".
Amend sec. 66, pages 37 and 38, by deleting lines 42 through 44 on page 37 and lines 1 through 3 on page 38 and inserting:
"the par value of not less than] $1 each. [The amount of capital stock must not be less than $250,000, and must be assessable.
(e) The amount of its original paid-in surplus, which must not be less than 20 percent of its capital stock.
(f)] (e) The name and place of residence of, and the number of shares".
Amend sec. 66, page 38, line 5, by deleting "(g)" and inserting "[(g)] (f)".
Amend sec. 66, page 38, line 9, by deleting "(h)" and inserting "[(h)] (g)".
Amend sec. 66, page 38, line 10, by deleting "(i)" and inserting "[(i)] (h)".
Amend the bill as a whole by adding a new section designated sec. 70, following sec. 70, to read as follows:
"Sec. 70. Chapter 670 of NRS is hereby amended by adding thereto a new section to read as follows:
The stockholders' equity of a development corporation must not be less than $500,000.".
Amend sec. 71, page 42, by deleting lines 4 and 5 and inserting:
"and the number of shares subscribed by each. [The aggregate of the subscription is the minimum amount of capital with".
Amend sec. 71, page 42, line 8, by deleting the open bracket.
Amend sec. 72, page 43, by deleting lines 8 and 9 and inserting:
"into which it is divided [, the amount of capital with which the corporation will commence business] and, if there is more than one".
Amend sec. 74, page 43, line 43, before "stockholders' " by inserting "initial ".
Amend sec. 75, page 44, by deleting lines 30 and 31 and inserting:
"its net earnings in each year until the earned surplus equals [the total of the paid-in capital and paid-in surplus] 50 percent of the stockholders' equity then outstanding.".
Amend sec. 77, page 45, line 17, by deleting:
"78 and 79" and inserting:
"78, 79 and 80".
Amend the bill as a whole by renumbering sections 80 through 103 as sections 81 through 104 and adding a new section designated sec. 80, following sec. 79, to read as follows:
"Sec. 80. A corporation authorized to engage in business pursuant to this chapter may form a bank pursuant to the provisions of subsection 2 of NRS 659.015.".
Amend sec. 88, page 47, by deleting lines 38 through 43 and inserting:
"677.247 1. [An] Except as otherwise provided in subsection 2, an applicant for an authorization to engage in the business regulated pursuant to this chapter must obtain:
(a) The insurance of deposits provided pursuant to the provisions of the Federal Deposit Insurance Act (12 U.S.C. §§ 1811 et seq.); or
(b) The insurance of deposits provided pursuant to the provisions of the".
Amend sec. 88, page 48, between lines 20 and 21 by inserting:
"2. A person who:
(a) Is licensed pursuant to this chapter before October 1, 1997; and
(b) Has not obtained the insurance of deposits provided in subsection 1,
may obtain a contract for the insurance of deposits that is issued by a private insurer. The contract must be approved by the commissioner and the commissioner of insurance.
3. The commissioner shall adopt regulations prescribing the requirements that must be complied with before a contract issued pursuant to subsection 2 will be approved by him.".
Amend the bill as a whole by deleting sections 104 and 105 and the leadlines of repealed sections and adding new sections designated sections 105 and 106 and the leadlines of repealed sections, following sec. 103, to read as follows:
"Sec. 105. 1. NRS 661.046, 661.055, 661.095, 661.155, 661.175, 661.215, 661.225, 662.012 and 663.035 are hereby repealed.
2. NRS 677.249 is hereby repealed.
Sec. 106. 1. This section and sections 1 to 85, inclusive, 87, 88 and 90 to 104, inclusive, of this act, and subsection 1 of section 105 of this act become effective upon passage and approval.
2. Section 89 of this act becomes effective:
(a) Upon passage and approval for the purposes of adopting the regulations required pursuant to that section; and
(b) On October 1, 1997, for all other purposes.
3. Section 86 of this act and subsection 2 of section 105 of this act become effective on October 1, 1997.

LEADLINES OF REPEALED SECTIONS

661.046 Decrease of capital.
661.055 Minimum surplus required for certain banking corporations and companies.
661.095 Liability of paid-up stockholders or members.
661.155 Directors or managers: Oath.
661.175 Officers: Election and appointment; terms; removal.
661.215 Charging losses to surplus; reimbursement from earnings before payment of dividends.
661.225 Withdrawal of capital prohibited; limitation on declaration and payment of dividends or distributions.
662.012 "Capital accounts" defined.
663.035 Interest on time deposits.
677.249 Approval of private insurer.".
Amend the title of the bill, tenth line, by deleting:
"a thrift company" and inserting:
"certain thrift companies".
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. 435.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 447.
Amend section 1, page 1, lines 3 and 4, by deleting:
"for a risk assessment and workload study of the Division of Parole and Probation." and inserting:
"for:
1. A workload study of the Division of Parole and Probation; and
2. A study to validate the method of classifying the risk assessment of offenders, to examine whether additional supervision for offenders classified as high- or low-risk offenders reduces their criminal activity, and of the use and effectiveness of classification overrides in the system of classification.".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 460.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 489.
Amend sec. 5, page 2, by deleting line 2 and inserting:
"resources shall, on or before October 31, 1997, enter into an".
Amend sec. 7, page 3, by deleting lines 27 and 28 and inserting:
"6. The director of the department of human resources shall make reasonable efforts to return to all contributors, on a pro rata basis, any money remaining in the account on June 30, 1999, that is not committed for expenditure.".
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblywoman Freeman.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Joint Resolution No. 8.
Resolution read second time and ordered to third reading.

Senate Bill No. 118.
Bill read second time and ordered to third reading.

Senate Bill No. 212.
Bill read second time and ordered to third reading.

Senate Bill No. 240.
Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

By the Committee on Elections, Procedures, and Ethics:
Assembly Joint Resolution No. 15--Expressing the State of Nevada's continued opposition to a Constitutional Convention of the States.
Assemblywoman Giunchigliani moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 104.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 459.
Amend sec. 2, page 1, lines 9 and 10, by deleting:
"January 3, 2005." and inserting:
"January 6, 2003.".
Amend the bill as a whole by renumbering sections 3 and 4 as sections 4 and 5 and adding a new section designated sec. 3, following sec. 2, to read as follows:
"Sec. 3. 1. There is hereby appropriated from the state general fund to the district judges' salaries account for salaries of the additional district judges required pursuant to section 1 of this act:
For the fiscal year 1997-1998 $193,086
For the fiscal year 1998-1999 $376,533
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.".
Amend sec. 4, page 1, line 14, by deleting "and 3" and inserting:
", 3 and 4".
Amend the title of the bill, second line, after "district;" by inserting:
"making appropriations;".
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 439.
Bill read third time.
Remarks by Assemblyman Sandoval.
Roll call on Assembly Bill No. 439:
Yeas -- 41.
Nays -- None.
Excused -- Nolan.
Assembly Bill No. 439 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 458.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Assembly Bill No. 458:
Yeas -- 41.
Nays -- None.
Excused -- Nolan.
Assembly Bill No. 458 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 471.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Assembly Bill No. 471:
Yeas -- 41.
Nays -- None.
Excused -- Nolan.
Assembly Bill No. 471 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 91.
Bill read third time.
Remarks by Assemblywoman Braunlin.
Roll call on Senate Bill No. 91:
Yeas -- 40.
Nays -- Arberry.
Excused -- Nolan.
Senate Bill No. 91 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 246.
Bill read third time.
Remarks by Assemblymen Price and Krenzer.
Conflict of interest declared by Assemblywoman Krenzer.
Roll call on Senate Bill No. 246:
Yeas -- 40.
Nays -- None.
Not voting -- Krenzer.
Excused -- Nolan.
Senate Bill No. 246 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

UNFINISHED BUSINESS
Reports of Conference Committees

Mr. Speaker:
The first Committee on Conference concerning Assembly Bill No. 29, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Senate be concurred in.
It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 2, which is attached to and hereby made a part of this report.
Wendell P. Williams Bernice Mathews Barbara E. Buckley Valerie WienerMark AmodeiRandolph J. TownsendAssembly Committee on ConferenceSenate Committee on Conference

Conference Amendment No. 2.
Amend sec. 17, page 4, by deleting lines 22 through 24 and inserting:
"do-not-resuscitate protocol when he observes a do-not-resuscitate identification.".
Assemblyman Williams moved to adopt the report of the first Committee on Conference concerning Assembly Bill No. 29.
Remarks by Assemblyman Williams.
Motion carried.

Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed Senate Bills Nos. 83, 85, 92, 96, 149, 193, 215, 238; Senate Concurrent Resolution No. 43.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblyman Amodei, the privilege of the floor of the Assembly Chamber for this day was extended to Megan Aebi, John Akerley, Cody Albee, Devon Anderson, Nicholas August, Mario Avila, Ryan Bauer, Christopher Bibee, Sidney Biber, Kenneth Binder, Roger Block, Ila Bottoms, Matthew Brown, Tiffany Brunscher, Chelsea Bunch, Ronnie Bustamante, David Cadwallader, Andrew Cardinal, Amanda Carvin, Julie Cave, Erika Crail, Vincent Cramer, Kathleen Davis, Anthony Diltz, Erin Dunbar, Sharee Dunmore, Brian Elder, Anthony Evans, Samantha Farr, Alex Ferguson, Jason Fisher, Andrew Fleming, Jimmy Fonda, Noemi Fuentes, Rebecca Fulbright, Christopher Gould, Jeremy Grunert, Nicholas Haney, Ronald Hansen, Kyle Hanson, Heather Harington, Nicci Havener-Cohen, Megan Hoote, Sheldon Hopkins, Nicole Johnson, Erica Kaskie, Jennifer Kasper, Neal Keyes, Jason Klug, Simone Kuckenmeister, Rachel Kuhn, Anthony Laffoon, Tyler Laney, Matthew McElfish, Jessica McWilliams, Andrew Meyer, Joshua Miles, Erin Miller, Alex Miller-O'Neill, Erica Munoz, Danielle Nelson, Jason Olney, Wesley Osmer, Sheena Palmer, Daniel Pascual, Jessica Piazza, Madison Piazza, Brittany Puzey, Alex Ramirez, Robert Reynolds, Greta Schnaser, Abigail Schulz, Kevin Sinnott, Richard Spuehler, Jason Stultz, Shawn Sulli, Sabrina Tellez, Sara Terminel, Zack Tersteege, Annamarie Theuret, Austin Watson, Steven Wear, Jessica Wehr, Christopher Wilcox, Chelsey Wilkens, Bradley Williams, Bailey Wilson, Breanna Wilson, Jessica Wood, Daniel Works, Brittany York, Dustin Zastre, Jenny Thew, Mrs. Hataway, Mrs. Mollers and Mrs. Richey.

On request of Assemblywoman Braunlin, the privilege of the floor of the Assembly Chamber for this day was extended to Brenda Kindred-Kipling.

Assemblyman Perkins moved that the Assembly adjourn until Monday, June 2, 1997 at 10:30 a.m.
Motion carried.

Assembly adjourned at 12:04 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly