NEVADA LEGISLATURE

Sixty-ninth Session, 1997
_______________

ASSEMBLY DAILY JOURNAL
_______________

THE ONE HUNDRED AND FORTY-SECOND DAY
_______________

Carson City (Tuesday), June 10, 1997

Assembly called to order at 11:32 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Williams, who was excused.
Prayer by the Chaplain, Al Fry.
Lord, make me an instrument of Thy peace. Where there is hatred, let us sow love; where there is despair, hope; where there is sadness, joy; where there is darkness, light. O Divine Master, grant that we may not so much seek to be consoled, as to console, not so much to be loved, as to love. For it is in giving that we receive; it is in pardoning that we are born again to eternal life.

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. 508, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 538, 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 Concurrent Committee on Judiciary, to which was referred Senate Bill No. 285, 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 Taxation, to which were referred Assembly Bills Nos. 520, 536, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Robert E. Price,

Chairman

Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 451, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne Chowning,

Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Anderson moved that Assembly Bill No. 361 be taken from the Chief Clerk's desk and placed on the General File immediately following Assembly Bill No. 468.
Remarks by Assemblyman Anderson.
Motion carried.

Assemblyman Bache moved that Assembly Bill No. 366 be taken from the Chief Clerk's desk and placed on the General File immediately following Assembly Bill No. 361.
Motion carried.

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, June 9, 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. 430, 446.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 40, 41.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 177, 184, 346, 348, 404.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Porter, O'Connell and Schneider as a first Committee on Conference concerning Senate Bill No. 38.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Commerce:
Assembly Bill No. 577--An Act relating to actions for malpractice; revising provisions governing such actions; revising provisions governing screening panels for medical or dental malpractice claims; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Commerce:
Assembly Bill No. 578--An Act relating to insurance; authorizing the commissioner of insurance to assess a fee for returned checks; prohibiting the appropriation, diversion or conversion of the assets of an insurer for personal use; revising the schedule of fees and charges of the division of insurance of the department of business and industry; revising provisions governing contracts of reinsurance ceded to assuming insurers; prohibiting a manager for reinsurance from ceding certain retrocessions on behalf of a reinsurer; requiring certain insurers to report information concerning their risk-based capital; revising eligibility requirements for certain insurance licenses; prohibiting an insurance licensee knowingly to permit certain persons to transact insurance in this state; providing an administrative penalty for transacting insurance without a license; providing civil immunity to the commissioner of insurance and other persons in certain circumstances; revising the eligibility requirements for surplus lines brokers; revising provisions governing the liquidation of an insurer; prohibiting the secretary of state from accepting articles of incorporation and amendments thereto of unauthorized insurers; making various other changes relating to the regulation of insurance; making technical changes; providing penalties; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.

By the Committee on Commerce:
Assembly Bill No. 579--An Act relating to insurance; providing for the regulation of insurers transacting insurance in this state based on the risk-based capital of the insurers; requiring insurers to submit to the commissioner of insurance certain reports and plans concerning their risk-based capital; providing for the confidentiality of the information contained in such reports and plans; authorizing the commissioner to take certain corrective actions; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.

By the Committee on Government Affairs:
Assembly Bill No. 580--An Act relating to property rights; requiring the use of secret ballots and the reorganization of certain older unit-owners' associations for common-interest communities; prohibiting discrimination in common-interest communities; making various changes to provisions governing procedure for eminent domain; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Government Affairs:
Assembly Bill No. 581--An Act relating to public utilities; prohibiting certain transactions relating to public utilities without the prior authorization of the public service commission of Nevada; specifying the process by which the commission may authorize such transactions; specifying items that must be considered by the commission in determining whether to authorize the transfer of a certificate of public convenience and necessity; providing a penalty; 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. 582--An Act relating to peace officers; requiring a law enforcement agency to remove from the personnel file of a peace officer certain information relating to unlawful punitive action used against the peace officer; providing a civil penalty for certain unlawful punitive action used against a peace officer; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By Assemblyman Carpenter:
Assembly Bill No. 583--An Act relating to agricultural associations; revising provisions regarding the appointment of members of a district board of agriculture for an agricultural district; revising provisions regarding the use and taxable status of land owned or used by an agricultural association; and providing other matters properly relating thereto.
Assemblyman Carpenter 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. 584--An Act relating to traffic laws; providing for the suspension of the driver's license or permit of a person less than 21 years of age who drives with a certain percentage by weight of alcohol in his blood; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By Assemblyman Neighbors:
Assembly Bill No. 585--An Act relating to taxation; clarifying the authority to appeal the property tax valuation of a leasehold interest, possessory interest, beneficial interest or beneficial use to the county and state boards of equalization; authorizing certain local governments to reduce the estimated revenue from property taxes in preparing budgets under certain circumstances; limiting the use of revenue from property taxes that was excluded from the final budget of a local government; and providing other matters properly relating thereto.
Assemblyman Neighbors moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Senate Bill No. 177.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 184.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 346.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Senate Bill No. 348.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Senate Bill No. 404.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assemblyman Perkins moved that the Assembly recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 11:50 a.m.

ASSEMBLY IN SESSION

At 1:15 p.m.
Mr. Speaker presiding.
Quorum present.

SECOND READING AND AMENDMENT

Assembly Bill No. 242.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 564.
Amend section 1, page 1, by deleting lines 4 through 6 and inserting:
"200.380, 200.400, 200.460, 200.465, paragraph (b) of subsection 2 of NRS 200.471, NRS 200.508, [subsection 3 of NRS] 200.5099 or paragraph (a) of subsection 2 of NRS 200.575 because the actual or perceived race, color, religion, national origin,".
Amend sec. 2, page 1, line 15, by deleting:
"3, 4 and 5" and inserting:
"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. 4, page 2, by deleting lines 25 through 28 and inserting:
"Sec. 3. A person who conspires with another to commit abuse, exploitation or isolation of an older person as prohibited by NRS 200.5099, shall be punished:".
Amend sec. 7, page 3, line 5, by deleting:
"3, 4 and 5" and inserting:
"3 and 4".
Amend sec. 7, page 3, by deleting lines 18 and 19 and inserting:
"3. "Isolation" means willfully, maliciously and intentionally preventing an older person from having contact with another person by:
(a) Intentionally preventing the older person from receiving his visitors, mail or telephone calls, including, without limitation, communicating to a person who comes to visit the older person or a person who telephones the older person that the older person is not present or does not want to meet with or talk to the visitor or caller knowing that the statement is false, contrary to the express wishes of the older person and intended to prevent the older person from having contact with the visitor; or
(b) Physically restraining the older person to prevent the older person from meeting with a person who comes to visit the older person.
The term does not include an act intended to protect the property or physical or mental welfare of the older person or an act performed pursuant to the instructions of a physician of the older person.".
Amend sec. 8, page 3, line 39, by deleting "or".
Amend sec. 8, page 3, line 41, by deleting the period and inserting:
"; or
(d) A toll-free telephone service designated by the aging services division of the department of human resources.".
Amend sec. 8, page 4, between lines 40 and 41 by inserting:
"(l) Any person who owns or is employed by a funeral home or mortuary.".
Amend sec. 8, page 5, between lines 17 and 18 by inserting:
"7. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.".
Amend sec. 15, page 8, by deleting lines 31 and 32 and inserting:
"the older person in violation of NRS 200.5095 to 200.5099, inclusive.".
Amend the bill as a whole by deleting sections 16 through 18, renumbering sections 19 and 20 as sections 16 and 17 and adding a new section designated sec. 15, following sec. 15, to read as follows:
"Sec. 15. NRS 200.5099 is hereby amended to read as follows:
200.50991. [A person who knowingly and willfully violates any of the provisions of NRS 200.5093 is guilty of a misdemeanor.
2.] Except as otherwise provided in subsection 6, any person who abuses an older person, causing the older person to suffer unjustifiable physical pain or mental suffering, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.
[3.] 2. Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person and who:
(a) Neglects the older person, causing the older person to suffer physical pain or mental suffering;
(b) Permits or allows the older person to suffer unjustifiable physical pain or mental suffering; or
(c) Permits or allows the older person to be placed in a situation where the older person may suffer physical pain or mental suffering as the result of abuse or neglect,
is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.
[4.] 3. Except as otherwise provided in subsection [5,] 4, any person who exploits an older person shall be punished, if the value of any money, assets and property obtained or used:
(a) Is less than $250, for a misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment;
(b) Is at least $250, but less than $5,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment; or
(c) Is $5,000 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,
unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.
[5.] 4. If a person exploits an older person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished for a gross misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.
5. Any person who isolates an older person is guilty:
(a) For the first offense, of a gross misdemeanor; or
(b) For any subsequent offense, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000.
6. A person who violates any provision of subsection [2,] 1, if substantial bodily or mental harm or death results to the older person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.
7. A person who violates any provision of subsection [3,] 2, if substantial bodily or mental harm or death results to the older person, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.
8. As used in this section:
(a) "Allow" means to take no action to prevent or stop the abuse or neglect of an older person if the person knows or has reason to know that the older person is being abused or neglected.
(b) "Permit" means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person.".
Amend sec. 20, page 10, line 38, by deleting:
"1, 3, 4, 8, 10, 16 and 18" and inserting:
"1, 4, 7, 9 and 15".
Amend the bill as a whole by deleting sec. 21 and adding a new section designated sec. 18, following sec. 20, to read as follows:
"Sec. 18. Sections 1, 7 and 15 of this act become effective at 12:01 a.m. on October 1, 1997.".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 289.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 507.
Amend section 1, page 2, by deleting lines 10 through 12 and inserting:
"2. The provisions of this act must not be construed to:
(a) Repeal an exemption from public disclosure currently granted by a state statute or regulation.
(b) Prohibit a law enforcement agency or an auditor employed by a governmental entity from inspecting records during the course of an authorized investigation or audit.
(c) Interfere with the normal course of discovery in a legal action or to designate as confidential any record before a court of this state that is not otherwise designated as confidential.".
Amend sec. 6, page 2, by deleting lines 29 and 30 and inserting:
"Sec. 6. "Information system" means any communication network or computer hardware, computer software, procedures, personnel or data used to".
Amend sec. 7, page 2, by deleting sec. 7 and inserting:
"Sec. 7. (Deleted by amendment.)".
Amend sec. 9, page 3, line 6, by deleting "contact " and inserting "crime".
Amend sec. 9, page 3, line 10, by deleting "victim;" and inserting:
"victim, unless a specific statute requires that the name of the victim be kept confidential;".
Amend sec. 9, page 3, line 14, by deleting "estimate" and inserting "assessment ".
Amend sec. 9, pages 3 and 4, by deleting lines 24 through 44 on page 3 and lines 1 through 3 on page 4, and inserting:
"(d) A report pertaining to an accident involving a motor vehicle.
(e) As used in this subsection:
(1) "Initial crime report" means a written or recorded report prepared by a peace officer that describes the elements of the crime as the elements occurred and which is prepared in response to:
(I) A complaint that alleges a violation of law; or
(II) The discovery of an incident or offense which constitutes an apparent violation of law.
(2) "Initial crime report" does not include a follow-up or investigative report that is prepared after the initial crime report.
3. "Public record" does not include:
(a) A temporary or preliminary draft, note or memorandum that is not retained by a governmental entity in the ordinary course of business, unless the governmental entity uses the draft, note or memorandum as the basis of a final decision.
(b) A record that is legally owned by an officer, employee or agent of a governmental entity in his private capacity.
(c) A record relating to an audit conducted by a governmental entity, except a final audit report.
(d) Proprietary computer software, including, without limitation, programs and systems that are developed by or for the use of a governmental entity.".
Amend sec. 9, page 4, by deleting line 18 and inserting:
"retained in the personnel file of an employee of a governmental entity.".
Amend sec. 10, page 4, by deleting lines 19 through 35 and inserting:
"Sec. 10. 1. Except as otherwise provided in paragraph (f) of subsection 3 of section 9 of this act, the following information regarding each employee of a governmental entity must be made available for public inspection:
(a) The name of the employee;
(b) The gross compensation and perquisites paid by the governmental entity to the employee, except any compensation that has been reimbursed by a private person or entity;
(c) The title of the position held by the employee;
(d) A description of the position held by the employee;
(e) The qualifications established by the governmental entity for the position held by the employee;
(f) The address and telephone number of the employee's place of employment, unless the place of employment is a fire station;
(g) The number of hours the employee is scheduled to work in each pay period or, if this information is not readily available, an indication of whether the employee works full time or part time;
(h) The date on which the employee began his employment with the governmental entity, unless that date is used as a security code for access to computerized records; and
(i) The date, if applicable, on which the employment of the employee was terminated.
2. A governmental entity may comply with the provisions of this section by providing the information set forth in subsection 1 upon request or by establishing and maintaining a roster that contains the information.".
Amend sec. 11, page 4, line 42, by deleting "or memorandum".
Amend sec. 11, page 5, by deleting lines 1 through 3 and inserting:
"2. Each governmental entity shall create an index listing all electronic data bases that it compiles or creates. The governmental entity shall, upon request, make the index available to a person to inspect.".
Amend sec. 12, page 5, by deleting lines 4 through 17 and inserting:
"Sec. 12. 1. Except as otherwise provided in NRS 440.650 and 481.063, an officer, employee or agent of a governmental entity who has custody of a public record may question a person who requests to inspect, copy or prepare an abstract from the public record only to the extent necessary to clarify the request or determine the appropriate fees.
2. A person may request a copy of a public record in any medium in".
Amend sec. 13, page 5, by deleting lines 25 and 26 and inserting:
"(a) Deny a person the right to inspect, copy or prepare an abstract from a public record; or".
Amend sec. 13, page 5, by deleting lines 30 and 31 and inserting:
"2. If a person requests to inspect, copy or prepare an abstract from a public record that contains information which must not ".
Amend sec. 13, page 5, by deleting lines 35 and 36 and inserting:
"who requested the public record to inspect, copy or prepare an abstract of the information that must be made available. An officer,".
Amend sec. 13, page 5, line 40, by deleting "or memorandum".
Amend sec. 13, page 5, line 42, by deleting "or memorandum".
Amend sec. 13, page 6, line 8, after "personnel." by inserting:
"The governmental entity shall not charge such a fee if the governmental entity is not required to make extraordinary use of its personnel or technological resources to fulfill additional requests for the same information.".
Amend sec. 15, page 6, by deleting lines 23 through 26 and inserting:
"may be fully copied , or an abstract [or memorandum] may be prepared from those [public books and] public records. Any such copies [, abstracts or memoranda] or abstracts may be used to supply the general public with copies [, abstracts or memoranda] or abstracts of the records or may be used in any other way to the".
Amend sec. 15, page 6, line 36, by deleting "or memorandum".
Amend sec. 15, page 6, by deleting lines 42 and 43 and inserting:
"(3) As a condition of participation in a state or federal program;
(4) As a condition of receiving state or federal money; or
(5) Pursuant to the provisions of a contract.".
Amend sec. 15, page 7, by deleting lines 5 through 10 and inserting:
"(c) Disclosure would jeopardize:
(1) The physical security of a correctional facility, detention facility, juvenile facility or other governmental facility or property;
(2) The safety of employees of the governmental entity; or
(3) A current or future plan or tactical operation of a law enforcement agency.
(d) It would reveal information compiled by a governmental entity to prevent or prosecute violations of the law, including, without limitation, information derived from witnesses, laboratory tests, surveillance, investigators, confidential informants, photographs and measurements. This paragraph prohibits the disclosure of that information only if:
(1) The release of the information would:
(I) Interfere with the ability to prosecute a defendant or the right of a defendant to receive a fair trial;
(II) Jeopardize an investigation that has not been closed; or
(III) Discourage the reporting of illegal governmental action or discourage cooperation in a related investigation regarding the action of a governmental entity or an employee of the governmental entity.
(2) The information concerns an investigation of an employee of the governmental entity.".
Amend sec. 15, page 7, by deleting lines 17 through 21 and inserting:
"(f) It is a record:
(1) Prepared by or on behalf of a governmental entity in connection with existing or anticipated litigation that is not available under the rules of discovery;
(2) Disclosing an attorney's work product, including, without limitation, mental impressions or legal theories of an attorney or other representatives of a governmental entity concerning litigation;
(3) Concerning the strategy of a governmental entity relating to collective bargaining or pending litigation;
(4) Revealing the contents of settlement negotiations before the settlement is final;
(5) Revealing communication between a governmental entity and an attorney representing, retained or employed by the governmental entity, if the communication is privileged; or
(6) Revealing communication between or among attorneys or their support staff regarding their representation of a governmental entity, if the communication is privileged.".
Amend sec. 15, page 8, line 11, by deleting the period and inserting:
"or a person participating in a program for the protection of witnesses.".
Amend sec. 15, page 8, between lines 14 and 15, by inserting:
"(o) It contains trade secrets or other confidential or proprietary information of a governmental entity, the disclosure of which would cause commercial or financial injury to the governmental entity or would interfere with a commercial or financial transaction planned by the governmental entity.
(p) Except as otherwise provided in NRS 378.290, it is correspondence sent or received by the governor or employees of his office in the performance of governmental duties.".
Amend sec. 16, page 8, line 27, by deleting "or memorandum".
Amend sec. 16, page 8, line 30, by deleting "or memorandum".
Amend sec. 19, page 9, by deleting lines 10 through 12 and inserting:
"copies [certified to be correct to any] to a person who requests them and pays or tenders such fees as may be prescribed for the service of copying and [certifying.] , if requested, shall certify the authenticity of the public records.".
Amend the bill as a whole by renumbering sec. 20 as sec. 21 and adding a new section designated sec. 20, following sec. 19, to read as follows:
"Sec. 20. NRS 378.290 is hereby amended to read as follows:
378.290 1. The records of the governor's office, which include correspondence sent or received by the governor or employees of his office in the performance of governmental duties, are the property of the State of Nevada and must be transferred to the division before the governor leaves office.
2. [The] Except as otherwise provided in subsection 3, the division shall make the records of a former governor available for inspection, except:
(a) If that correspondence identifies or can be readily associated with the identity of any person other than a public officer or employee acting in his official capacity and has been in the possession of the division for less than 10 years, the name and facts which identify that person must be deleted before the correspondence is disclosed, unless the person so named or identified is deceased or gives his prior written permission for the disclosure.
(b) Any records that have been declared by law to be confidential are not subject to the provisions of this subsection during the period of confidentiality specified in NRS 378.300.
(c) Any agreement between a former governor and the division made before the passage of this act which provides for a period of confidentiality is unaffected by the provisions of this section.
(d) Records of the governor's office which are transferred to the division during the governor's term of office remain in the custody of the governor and are not subject to the provisions of this subsection until after he leaves office.
3. The division shall not make available correspondence sent or received by the governor or employees of his office in the performance of governmental duties until 2 years after the date on which the governor has left office.".
Amend the bill as a whole by deleting sec. 21.
Amend the preamble of the bill, page 1, line 6, after "people, and" by inserting:
"the right to be informed regarding the receipt, recordation, management and use of ".
Amend the preamble of the bill, page 1, line 9, by deleting "government;" and inserting:
"government, although that entitlement does not authorize every person to have access to every record that the government may obtain or to which the government has access;".
Amend the preamble of the bill, page 1, line 12, by deleting "government;" and inserting:
"government, while simultaneously protecting other interests of the general public, including, without limitation, the protection of personal and other private interests;".
Amend the title of the bill by deleting the third and fourth lines and inserting:
"therefrom in certain circumstances; requiring a governmental entity to make available certain information pertaining to its employees; requiring a governmental".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblymen Bache, Evans, Anderson, de Braga, Hettrick, Amodei and Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 321.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 326.
Amend sec. 2, page 1, by deleting lines 6 through 11 and inserting:
"1. Incorporates a storage capability of telephone numbers to be called and a random or sequential number generator capable of producing telephone numbers to be called; and
2. Is used exclusively, working alone or in conjunction with other equipment, to disseminate a prerecorded message to the telephone number called to solicit a person at the telephone number called to purchase goods or services.".
Amend sec. 4, page 2, by deleting lines 23 through 26 and inserting:
"written application to and receiving written authorization from the office of the advocate for customers of public utilities within the office of the attorney general.".
Amend sec. 4, page 2, line 36, by deleting:
"provider of telecommunication services" and inserting:
"advocate for customers of public utilities".
Amend sec. 4, page 2, line 40, by deleting:
"provider of telecommunication services" and inserting:
"advocate for customers of public utilities".
Amend sec. 4, pages 2 and 3, by deleting line 44 on page 2 and lines 1 through 10 on page 3 and inserting:
"application, he determines that the proposed use of the device for automatic dialing and announcing would:
(1) Overload telephone lines; or
(2) Otherwise detrimentally affect the provision of telecommunication services.".
Amend sec. 6, page 3, by deleting lines 26 through 41 and inserting:
"telephone call unless, before the message is disseminated, a recorded or unrecorded natural voice:
(a) Informs the person who answers the telephone call of the nature of the call, including the fact that a device for automatic dialing and announcing will be used to disseminate the message if the person who answers the call remains on the line; and
(b) Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, being represented by the caller.
2. A person shall not operate a device for automatic dialing and announcing to place:
(a) A call that is received by a telephone located in this state during the period between 9 p.m. and 9 a.m.; or
(b) A call-back or second call to the same telephone, if the person who answered the telephone terminated the original call.".
Amend sec. 6, page 4, line 2, after "device" by inserting:
"or another person affiliated with the person using the device".
Amend sec. 7, page 4, by deleting lines 8 through 16 and inserting:
"message by telephone unless a recorded or unrecorded natural voice:
1. Informs the person who answers the telephone call of the nature of the call; and
2. Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, represented by the caller.".
Amend sec. 8, page 4, by deleting line 18 and inserting:
"598.0903 As used in NRS 598.0903 to 598.0999, inclusive, [and] section 1 of [this act,] Senate Bill No. 90 of this session and section".
Assemblyman Perkins moved the adoption of the amendment.
Remarks by Assemblyman Perkins.
Amendment adopted.
Assemblyman Perkins moved that Assembly Bill No. 321 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.

Assembly Bill No. 349.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 321.
Amend sec. 2, pages 1 and 2, by deleting lines 12 through 17 on page 1 and lines 1 through 7 on page 2 and inserting:
"If a vacancy occurs on the governing body of a city, the governing body may, in lieu of appointment, declare by resolution a special election to fill the vacancy.".
Amend the title of the bill by deleting the first line and inserting:

"AN ACT relating to cities; authorizing a special election to fill vacancies on the governing".
Amend the summary of the bill to read as follows:
"SUMMARY--Authorizes special election to fill vacancies on governing body of city. (BDR 21-1154)".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblymen Bache and Anderson.
Assemblyman Anderson moved that Assembly Bill No. 349 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Motion carried.

Assembly Bill No. 419.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 579.
Amend sec. 3, page 1, by deleting lines 6 through 9 and inserting:
"Sec. 3. "Representative of value" means any instrumentality used by a patron in a game whether or not the instrumentality may be redeemed for cash.".
Amend sec. 4, page 1, by deleting lines 10 through 14 and inserting:
"Sec. 4. "Wager" means a sum of money or representative of value that is risked on an occurrence for which the outcome is uncertain.".
Amend sec. 7, page 2, line 24, by deleting "by" and inserting "on".
Amend sec. 7, page 2, by deleting lines 25 and 26 and inserting:
"computer that maintains a record of each transaction involving the wagering instrument and is operated and maintained by a licensee.".
Amend sec. 9, page 4, line 11, after "patron" by inserting:
"and subsequently won by the licensee,".
Amend the bill as a whole by renumbering sections 13 through 20 as sections 14 through 21 and adding a new section designated sec. 13, following sec. 12, to read as follows:
"Sec. 13. NRS 463.160 is hereby amended to read as follows:
463.1601. Except as otherwise provided in subsection 4 and NRS 463.172, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
(a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any gambling game, gaming device, inter-casino linked system, slot machine, race book or sports pool;
(b) To provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or
(c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, gaming device, race book or sports pool,
without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated town.
2. The licensure of an operator of an inter-casino linked system is not required if:
(a) A gaming licensee is operating an inter-casino linked system on the premises of an affiliated licensee; or
(b) An operator of a slot machine route is operating an inter-casino linked system consisting of slot machines only.
3. Except as otherwise provided in subsection 4, it is unlawful for any person knowingly to permit any gambling game, slot machine, gaming device, inter-casino linked system, race book or sports pool to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, by a person who is not licensed pursuant to this chapter, or his employee.
4. The commission may, by regulation, authorize a person to own or lease [slot machines] gaming devices for the limited purpose of display or use in the person's private residence without procuring a state gaming license.
5. As used in this section, "affiliated licensee" has the meaning ascribed to it in NRS 463.430.".
Amend sec. 15, page 8, by deleting line 10 and inserting:
"action or omission on which the determination is based occurred.".
Amend sec. 20, page 12, line 17, by deleting "1 year" and inserting "5 years".
Amend sec. 20, page 12, line 24, by deleting "1 year" and inserting "5 years".
Amend sec. 20, page 12, by deleting lines 25 through 27 and inserting:
"after the date of deregistration. The money of the publicly traded corporation for which a refund is not requested within 5 years after the date of deregistration is presumed abandoned and is subject to the provisions of chapter 120A of NRS.".
Amend the bill as a whole by deleting sec. 21 and adding new sections designated sections 22 through 24, following sec. 20, to read as follows:
"Sec. 22. NRS 463.650 is hereby amended to read as follows:
463.6501. Except as otherwise provided in subsections 2 to 5, inclusive, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device or cashless wagering system for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.
2. A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.
3. The holder of a state gaming license or the holding company of a corporation, partnership, limited partnership, limited-liability company or other business organization holding a license may, within 2 years after cessation of business or upon specific approval by the board, dispose of by sale in a manner approved by the board, any or all of its gaming devices, including slot machines, and cashless wagering systems, without a distributor's license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the board may authorize the disposition of the gaming devices without requiring a distributor's license.
4. The commission may, by regulation, authorize a person who owns [slot machines] gaming devices for home use in accordance with NRS 463.160 to sell such devices without procuring a license therefor.
5. Upon approval by the board, a gaming device owned by:
(a) A law enforcement agency;
(b) A court of law; or
(c) A gaming device repair school licensed by the commission on postsecondary education,
may be disposed of by sale, in a manner approved by the board, without a distributor's license. An application for approval must be submitted to the board in the manner prescribed by the chairman.
6. Any person whom the commission determines is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturer's or distributor's license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.
7. Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the commission.
8. The commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the commission determines that the exemption is consistent with the purposes of this chapter.
9. As used in this section, "holding company" has the meaning ascribed to it in NRS 463.485.
Sec. 23. NRS 464.005 is hereby amended to read as follows:
464.005As used in this chapter, unless the context otherwise requires:
1. "Gross revenue" means the amount of the commission received by a licensee that is deducted from off-track pari-mutuel wagering, plus breakage and the face amount of unpaid winning tickets that remain unpaid for a period specified by the Nevada gaming commission.
2. "Off-track pari-mutuel system" means a computerized system, or component of such a system, that is used with regard to a pari-mutuel pool to transmit information such as amounts wagered, odds and payoffs on races.
[2.] 3. "Off-track pari-mutuel wagering" means any pari-mutuel system of wagering approved by the Nevada gaming commission for the acceptance of wagers on:
(a) Races which take place outside of this state; or
(b) Sporting events.
[3.] 4. "Operator of a system" means a person engaged in providing an off-track pari-mutuel system.
[4.] 5. "Pari-mutuel system of wagering" means any system whereby wagers with respect to the outcome of a race or sporting event are placed in a wagering pool conducted by a person licensed or otherwise permitted to do so under state law, and in which the participants are wagering with each other and not against that person. The term includes off-track pari-mutuel wagering.
Sec. 24. NRS 464.045 is hereby amended to read as follows:
464.0451. The provisions of subsections 3 and 5 of NRS 464.040 do not apply to persons licensed to conduct off-track pari-mutuel wagering.
2. A licensed gaming establishment [which has been approved to conduct off-track pari-mutuel wagering shall include within gross revenue, for the purpose of determining the amount of] is subject to the monthly state license [fee imposed by] fees and provisions of NRS 463.370 [, the amount of the commission deducted from] on all gross revenue attributable to the operation of an off-track pari-mutuel [wagering received by it, plus breakage and the face amount of unpaid winning tickets that remain unclaimed for a period specified by the commission.] system.
3. In calculating the monthly state license fee imposed by NRS 463.370, a licensee shall not deduct from gross revenue any promotional allowances, including, without limitation, prizes, payments, premiums, drawings, discounts, rebates, bonus payouts, benefits or tickets that are redeemable for money or merchandise.".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblymen Anderson and Evans.
Amendment adopted.
Assemblyman Anderson moved that Assembly Bill No. 419 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.

Assembly Bill No. 440.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 526.
Amend section 1, page 1, by deleting lines 7 and 8 and inserting:
"2. The term does not include a person who is employed by this state or under contract with this state to provide, or assist in the provision of, personal care of other persons if he does not primarily perform acts".
Amend the title of the bill, first line, by deleting:
"personal care assistants" and inserting "persons".
Assemblyman Perkins moved the adoption of the amendment.
Remarks by Assemblymen Perkins and Freeman.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

GENERAL FILE AND THIRD READING

Assembly Bill No. 355.
Bill read third time.
The following amendment was proposed by Assemblyman Sandoval:
Amendment No. 603.
Amend sec. 10, page 4, line 37, by deleting "an actual" and inserting "a significant".
Amend sec. 12, page 5, by deleting line 14 and inserting:
"(a) A regulatory agency requests the admission of the results of an environmental audit at an administrative proceeding or civil action commenced by the".
Assemblyman Sandoval moved the adoption of the amendment.
Remarks by Assemblyman Sandoval.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Assembly Bill No. 468 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 361.
Bill read third time.
The following amendment was proposed by Assemblyman Bache:
Amendment No. 582.
Amend section 1, page 1, by deleting lines 3 and 4 and inserting:
"1. Except as otherwise provided in subsection 2, only a public agency may exercise the power of eminent domain pursuant to the provisions of this chapter.
2. The power of eminent domain may be exercised by a person who is not a public agency pursuant to NRS 37.230 and subsections 6, 8, 10, 13 and 16 of NRS 37.010.".
Amend section 1, page 1, line 5, by deleting "2." and inserting "3.".
Amend the title of the bill, first and second lines, by deleting:
"for byroads to" and inserting:
"by persons who are not".
Amend the summary of the bill, first line, by deleting:
"for byroads to" and inserting:
"by persons who are not".
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. 366.
Bill read third time.
The following amendment was proposed by Assemblymen Bache, Braunlin, Buckley, Dini and Ernaut:
Amendment No. 590.
Amend sec. 18, page 7, between lines 32 and 33 by inserting:
"5. Except as otherwise provided in this subsection and subsection 6, the rate charged for residential service provided pursuant to subsection 1 must not exceed the rate charged for that service on July 1, 1997. The limitation set forth in this subsection is effective until 2 years after the date upon which, in accordance with subsection 4 of section 12 of this act, the commission repeals the regulations which established the pricing method for that service and the terms and conditions for providing that service.
6. The commission may, in accordance with NRS 704.110, 704.120 and 704.130, approve an increase in the rate charged for residential service provided pursuant to subsection 1 in an amount that does not exceed the increase necessitated, if any, to ensure the recovery by the electric utility of its just and reasonable costs. The provisions of this section do not limit or prohibit in any manner the operation of any order issued by the commission before July 1, 1997.".
Amend the bill as a whole by adding new sections designated sections 23.3 and 23.6, following sec. 23, to read as follows:
"Sec. 23.3. NRS 354.59883 is hereby amended to read as follows:
354.59883A city or county shall not adopt an ordinance imposing or increasing a fee:
1. If that ordinance would alter the terms of any existing franchise agreement between the city or county and a public utility.
2. That applies to any public utility which does not derive revenue from customers located within the jurisdiction of the city or county.
3. If, after the adoption of the ordinance:
(a) Any part of a fee to which the ordinance applies will be based upon any revenue of a public utility other than its revenue from customers located within the jurisdiction of the city or county.
(b) The total cumulative amount of all fees the city or county imposes upon a public utility to which the ordinance applies will exceed:
(1) Except as otherwise provided in subparagraph (2), 5 percent of the utility's gross revenue from customers located within the jurisdiction of the city or county.
(2) For a public utility that provides a commercial mobile radio service, 5 percent of its gross revenue from the first $15 charged monthly for each line of access for each of its customers located within the jurisdiction of the city or county. For the purposes of this subparagraph, "commercial mobile radio service" has the meaning ascribed to it in Part 20 of Title 47 of the Code of Federal Regulations.
Sec. 23.6. NRS 354.59889 is hereby amended to read as follows:
354.59889 [Except as otherwise provided by agreement with all the affected public utilities:]
1. A city or county shall not change any of its fees except through the adoption of an ordinance which provides that the change does not become effective until at least 60 days after the effective date of the ordinance.
2. The cumulative amount of any increases in fees imposed by a city or county during any period of 24 months must not exceed 1 percent of the gross revenue of any public utility to which the increase applies from customers located within the jurisdiction of that city or county.".
Amend the title of the bill, second line, after "services;" by inserting:
"prohibiting an increase in the rate charged for residential service under certain circumstances; establishing a cumulative limit on certain fees that may be charged by local governments;".
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblymen Buckley and Ernaut.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

UNFINISHED BUSINESS
Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 100, 133, 215, 243, 292, 463; Assembly Joint Resolution No. 16; Assembly Concurrent Resolution No. 39; Senate Bills Nos. 23, 70, 71, 118, 175, 198, 212, 216, 223, 240, 336.

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 Yvonne Furlong.

On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Robyn Warsinske and Jack Mc Nally.

On request of Assemblyman Sandoval, the privilege of the floor of the Assembly Chamber for this day was extended to Coe Swobe.

Assemblyman Perkins moved that the Assembly adjourn until Wednesday, June 11, 1997 at 11 a.m.
Motion carried.

Assembly adjourned at 2:00 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly