ASSEMBLY DAILY JOURNAL
_______________
THE ONE HUNDRED AND FORTY-NINTH DAY
_______________
Carson City (Tuesday), June 17, 1997
Assembly called to order at 11:21 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Dr. Ken Haskins.
Our loving Heavenly Father, You have demonstrated that great love which seeks not its own, but rather the good of all. Bless these servants of Yours, who likewise seek to promote the interests of others before their own. In Jesus' Name I pray.
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.
Richard Perkins,
Chairman
Mr. Speaker:
Your Committee on Education, to which was referred Assembly Bill No. 515, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Wendell P. Williams,
Chairman
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Joint Resolution No. 17, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Christina R. Giunchigliani,
Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bill No. 576; Senate Bill No. 348, 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 Government Affairs, to which was referred Assembly Bill No. 118, 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 Committee on Health and Human Services, to which was referred Assembly Bill No. 493, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Ways and Means.
Vivian L. Freeman,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 129, 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. 573, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Marcia de Braga,
Chairman
Mr. Speaker:
Your Committee on Taxation, to which was referred Assembly Bill No. 204, 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 Concurrent Committee on Ways and Means, to which was referred Senate Bill No. 29, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry, Jr.,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 216, 264, 299, 510, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry, Jr.,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 574, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Health and Human Services.
Morse Arberry, Jr.,
Chairman
By the Committee on Taxation:
Assembly Bill No. 613--An Act relating to taxation; clarifying and expanding the procedures available for collection of taxes; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 218.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 676.
Amend section 1, page 1, line 2, by deleting "$92,655" and inserting "$79,198".
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 294.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 646.
Amend section 1, pages 1 and 2, by deleting lines 3 through 16 on page 1 and lines 1 through 4 on page 2 and inserting:
"1. If the board determines that an actual or intended activity or association of a licensee in a foreign gaming operation may be prohibited pursuant to subsection 3 of NRS 463.720, the board may require the licensee to file an application for a finding of suitability to be made by the commission concerning the activity or association. Except as otherwise provided in subsection 2, the licensee shall file the application for a finding of suitability within 30 days after receiving the request from the board unless the chairman of the board grants an extension of time.
2. In lieu of filing an application for a finding of suitability pursuant to subsection 1, a licensee may, within 30 days after receiving a request from the board pursuant to subsection 1, petition the commission to review the request and determine whether the licensee is required to file the application.
3. A licensee may, without a request from the board, file an application for a finding of suitability concerning his actual or intended activity or association in a foreign gaming operation.
4. If the commission finds that:
(a) An intended activity or association of a licensee in a foreign gaming operation is unsuitable pursuant to subsection 3 of NRS 463.720, the licensee shall not engage in the activity or enter into the association.
(b) An activity or association of a licensee in a foreign gaming operation is prohibited pursuant to subsection 3 of NRS 463.720, the licensee shall terminate the activity or association within the time prescribed by the commission.
5. An application for a finding of suitability filed pursuant to this section is subject to the same procedures and standards as any other application for a finding of suitability filed pursuant to this chapter.".
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
"Sec. 3. NRS 463.710 is hereby amended to read as follows:
463.710 Unless otherwise ordered by the board or commission, a licensee who participates in foreign gaming shall file with the board:
1. As soon as participation in foreign gaming begins:
(a) All documents filed by him or by an affiliate with the foreign jurisdiction; and
(b) The systems of accounting and internal control utilized in the foreign gaming operation and any amendments to the systems as soon as made.
2. Annual operational and regulatory reports describing compliance with regulations, procedures for audit, and procedures for surveillance relating to the foreign gaming operation.
3. Quarterly reports regarding any of the following information which is within the knowledge of the licensee:
(a) Any changes in ownership or control of any interest in the foreign gaming operation;
(b) Any changes in officers, directors or key employees of the foreign gaming operation;
(c) All complaints, disputes, orders to show cause and disciplinary actions, related to gaming, instituted or presided over by an entity of the United States, a state or any other governmental jurisdiction concerning the foreign gaming operation;
(d) Any arrest of an employee of the foreign gaming operation involving cheating or theft, related to gaming, in the foreign jurisdiction; and
(e) Any arrest or conviction of an officer, director, key employee or owner of equity in the foreign gaming operation for an offense that would constitute a gross misdemeanor or felony in this state.
4. Such other information as the commission requires by regulation.".
Amend sec. 3, page 2, line 18, after "foreign" by inserting "gaming".
Amend sec. 3, page 2, line 19, by deleting "any" and inserting "[any] a".
Amend sec. 3, page 2, line 24, by deleting:
"any activity that:" and inserting:
"[any activity that:] an activity or enter into an association that is unsuitable for a licensee because it:".
Amend sec. 3, page 2, line 25, by deleting "any" and inserting "[any] an".
Amend sec. 3, page 2, line 29, by deleting "any" and inserting:
"[any] an activity or enter into an association".
Amend sec. 3, page 2, line 31, by deleting "any" and inserting "[any] a".
Amend sec. 3, page 2, by deleting lines 32 through 35 and inserting:
"commission or [any] a court in this state has found guilty of cheating or to whom the commission has denied a gaming license, or finding of suitability, on the ground".
Amend the bill as a whole by adding a new section designated sec. 5, following sec. 3, to read as follows:
"Sec. 5. This act becomes effective upon passage and approval.".
Amend the title of the bill to read as follows:
Assembly Bill No. 414.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 528.
Amend sec. 3, page 1, line 9, after "insane" by inserting:
"or mentally incompetent ".
Amend sec. 3, page 1, line 11, after "insanity" by inserting:
"or mental incompetency".
Amend sec. 5, page 2, by deleting line 15, and inserting:
"maximum of 1,500 registered voters who are not designated inactive pursuant to NRS 293.530 per precinct in those precincts".
Amend the bill as a whole by renumbering sections 7 and 8 as sections 22 and 23 and adding new sections designated sections 7 through 21, following sec. 6, to read as follows:
"Sec. 7. NRS 293.356 is hereby amended to read as follows:
293.3561. If a request is made to vote early by a registered voter in person, the county or city clerk shall issue a ballot for early voting to the voter. Such a ballot must be voted on the premises of the clerk's office and returned to the clerk. If the ballot is a paper ballot or a ballot which is voted by punching a card, the clerk shall follow the same procedure as in the case of absent ballots received by mail.
2. On the dates for early voting prescribed in NRS 293.3568, each county or city clerk shall provide a voting booth, with suitable equipment for voting, on the premises of his office for use by registered voters who are issued ballots for early voting in accordance with this section.
Sec. 8. NRS 293.3564 is hereby amended to read as follows:
293.35641. The county clerk may establish permanent polling places for early voting by personal appearance at locations designated by him throughout the county. Except as otherwise provided in subsection 2, any person entitled to vote early by personal appearance may do so at any polling place for early voting.
2. If it is impractical for the county clerk to provide at each polling place for early voting a ballot in every form required in the county, he may:
(a) Provide appropriate forms of ballots for all offices within a township, city, town or county commissioner election district, as determined by the county clerk; and
(b) Limit voting at that polling place to registered voters in that township, city, town or county commissioner election district.
3. The city clerk may establish permanent polling places for early voting by personal appearance at locations designated by him throughout the city. Any person entitled to vote early by personal appearance may do so at any polling place for early voting.
Sec. 9. NRS 293.3568 is hereby amended to read as follows:
293.35681. The period for early voting by personal appearance begins the third Saturday preceding a primary or general election , or a primary city election or general city election, and extends through the Friday before election day, Sundays and holidays excepted.
2. The county or city clerk may:
(a) Include any Sunday or holiday that falls within the period for early voting by personal appearance.
(b) Require a permanent polling place for early voting to remain open until 8 p.m. on any Saturday that falls within the period for early voting.
3. A permanent polling place for early voting must remain open:
(a) On Monday through Friday:
(1) During the first week of early voting, from 8 a.m. until 6 p.m.
(2) During the second week of early voting, from 8 a.m. until 6 p.m. or until 8 p.m. if the county or city clerk so requires.
(b) On any Saturday that falls within the period for early voting, from 10 a.m. until 6 p.m.
(c) If the county clerk or city clerk includes a Sunday that falls within the period for early voting pursuant to subsection 2, during such hours as he may establish.
Sec. 10. NRS 293.3572 is hereby amended to read as follows:
293.35721. In addition to permanent polling places for early voting, the county or city clerk may establish temporary branch polling places for early voting.
2. The provisions of subsection 3 of NRS 293.3568 do not apply to a temporary polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the county or city clerk.
3. The schedules for conducting voting are not required to be uniform among the temporary branch polling places.
Sec. 11. NRS 293.3576 is hereby amended to read as follows:
293.35761. The county or city clerk shall publish during the week before the period for early voting and at least once each week during the period for early voting in a newspaper of general circulation a schedule stating:
(a) The location of each permanent and temporary polling place for early voting and the election precincts served by each location.
(b) The dates and hours that early voting will be conducted at each location.
2. [A] The county clerk shall post a copy of the schedule [must also be posted] on the bulletin board used for posting notice of meetings of the board of county commissioners. The city clerk shall post a copy of the schedule on the bulletin board used for posting notice of the meetings of the city council. The schedule must be posted continuously for a period beginning not later than the fifth day before the first day of the period for early voting by personal appearance and ending on the last day of that period.
3. The county or city clerk shall make copies of the schedule available to the public in reasonable quantities without charge during the period of posting.
4. No additional polling places for early voting may be established after the schedule is published pursuant to this section.
Sec. 12. NRS 293.358 is hereby amended to read as follows:
293.3581. The county or city clerk shall appoint for each polling place for early voting a deputy clerk for early voting who must serve as the election officer in charge of the polling place.
2. The county or city clerk may also appoint as many additional deputy clerks as he deems necessary for the proper conduct of the election.
Sec. 13. NRS 293.3585 is hereby amended to read as follows:
293.35851. Upon the appearance of a person to cast a ballot for early voting, the deputy clerk for early voting shall:
(a) Determine that the person is a registered voter in the county;
(b) Instruct the voter to sign the roster for early voting; and
(c) Verify the signature of the voter against that contained on the original application to register to vote or facsimile thereof, the card issued to the voter at the time of registration or some other piece of official identification.
2. The county or city clerk shall prescribe a procedure, approved by the secretary of state, to determine that the voter has not already voted pursuant to this section.
3. The roster for early voting must contain:
(a) The voter's name, the address where he is registered to vote, his voter identification number and a place for the voter's signature;
(b) The voter's precinct or voting district number; and
(c) The date of voting early in person.
4. When a voter is entitled to cast his ballot and has identified himself to the satisfaction of the deputy clerk for early voting, he is entitled to receive the appropriate ballot or ballots, but only for his own use at the polling place for early voting.
5. If the ballot is voted by punching a card, the deputy clerk for early voting shall:
(a) Ensure that the voter's precinct or voting district and the form of ballot are indicated on the card;
(b) Direct the voter to the appropriate mechanical recording device for his form of ballot; and
(c) Allow the voter to place his voted ballot in the ballot box.
6. If the ballot is voted on a mechanical recording device which directly records the votes electronically, the deputy clerk for early voting shall:
(a) Prepare the mechanical recording device for the voter;
(b) Ensure that the voter's precinct or voting district and the form of ballot are indicated on each part of the voting receipt;
(c) Retain one part of the voting receipt for the election board and return the other part of the voting receipt to the voter; and
(d) Allow the voter to cast his vote.
7. A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293.303.
Sec. 14. NRS 293.359 is hereby amended to read as follows:
293.3591. The ballot box for early voting in which voted ballots which are paper ballots or ballots which are voted by punching a card are deposited must have two locks, each with a different key and must be designed and constructed so that the box can be sealed to detect any unauthorized opening of the box and that the ballot slot can be sealed to prevent any unauthorized deposit in the box. The seals for the boxes must be serially numbered for each election.
2. During the period for early voting by personal appearance, the county or city clerk shall keep the key to one of the locks to the ballot box for early voting and a designated custodian, not under the authority of the county or city clerk, shall keep the key to the second lock.
3. Each custodian shall retain possession of the key entrusted to him until it is delivered to the ballot board for early voting.
Sec. 15. NRS 293.3594 is hereby amended to read as follows:
293.35941. A plan for the security of ballots for early voting must be submitted to the secretary of state for approval no later than 90 days before the election at which early voting is to be conducted.
2. At the close of early voting each day, the deputy clerk for early voting shall secure each voting machine used for early voting in a manner prescribed by the secretary of state so that its unauthorized operation is prevented.
3. All materials for early voting must be delivered to the county clerk's office or the city clerk's office at the close of voting on the last day for voting at the polling place for early voting.
Sec. 16. NRS 293.3598 is hereby amended to read as follows:
293.35981. A ballot board for early voting must be appointed by the county clerk to handle early voting ballots for that county.
[2. The] A ballot board for early voting must be appointed by the city clerk to handle early voting ballots for that city.
2. Each ballot board must consist of two co-chairmen who must be of different political parties and at least two other members who may be of the same political party as one of the co-chairmen but must not be of the same political party as any other member.
Sec. 17. NRS 293.3602 is hereby amended to read as follows:
293.3602If paper ballots or ballots which are voted by punching a card are used during the period for early voting by personal appearance:
1. The ballots voted at the permanent or temporary polling place must be delivered by an election board officer to the county clerk's office or the city clerk's office at the close of each voting day. The seal on the ballot box must indicate the number of voted ballots contained in that box for that day.
2. When the ballot box is delivered pursuant to subsection 1, the county or city clerk shall provide a new ballot box locked in the manner prescribed in NRS 293.359.
3. At the close of the fourth voting day before the last day to vote early and at the close of each of the 3 days thereafter, the county or city clerk shall deliver all ballots voted to the ballot board for early voting. At the close of the last voting day, the county or city clerk shall deliver to the appropriate ballot board for early voting:
(a) Each remaining ballot box containing the ballots voted early by personal appearance and his key to each box;
(b) A voting roster of all persons who voted early by personal appearance; and
(c) Any list of registered voters used in conducting early voting.
4. Upon the call of the chairmen of the board, the custodian of the key to the second lock on the ballot boxes shall deliver his key for each box to the presiding officer.
5. Upon the receipt of ballots, the board shall:
(a) Remove all ballots from the ballot boxes and sort the ballots by precinct or voting district;
(b) Count the number of ballots by precinct or voting district;
(c) Account for all ballots on an official statement of ballots; and
(d) Place all official ballots in the container provided to transport those items to a central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the voted ballots to the central counting place.
6. The county or city clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsection 5 if those members do not interfere with the handling of the ballots.
Sec. 18. NRS 293.3604 is hereby amended to read as follows:
293.3604If ballots which are voted on a mechanical recording device which directly records the votes electronically are used during the period for early voting by personal appearance in an election other than a presidential preference primary election:
1. At the close of each voting day the election board shall:
(a) Prepare and sign a statement for the polling place. The statement must include:
(1) The title of the election;
(2) The number of the precinct or voting district;
(3) The number which identifies the mechanical recording device and the storage device required pursuant to NRS 293B.084;
(4) The number of ballots voted on the mechanical recording device for that day;
(5) The number of signatures in the roster for early voting for that day; and
(6) The number of voting receipts retained pursuant to NRS 293.3585 for that day.
(b) Secure:
(1) The ballots pursuant to the plan for security required by NRS 293.3594; and
(2) Each mechanical voting device in the manner prescribed by the secretary of state pursuant to NRS 293.3594.
2. At the close of the last voting day, the county or city clerk shall deliver to the appropriate ballot board for early voting:
(a) The statements for all polling places for early voting;
(b) The voting receipts retained pursuant to NRS 293.3585;
(c) The voting rosters used for early voting;
(d) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting; and
(e) Any other items as determined by the county or city clerk.
3. Upon receipt of the items set forth in subsection 2 at the close of the last voting day, the ballot board for early voting shall:
(a) Sort the items by precinct or voting district;
(b) Count the number of ballots voted by precinct or voting district;
(c) Account for all ballots on an official statement of ballots; and
(d) Place the items in the container provided to transport those items to the central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the items to the central counting place.
Sec. 19. NRS 293.3606 is hereby amended to read as follows:
293.36061. After 8 a.m. on election day, the appropriate board shall count in public the returns for early voting.
2. The returns for early voting must not be reported until after the polls have closed on election day.
3. The returns for early voting may be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of the voter's ballot.
4. The county or city clerk shall develop a procedure to ensure that each ballot is kept secret.
5. Any person who disseminates to the public information relating to the count of returns for early voting before the polls close is guilty of a gross misdemeanor.
Sec. 20. NRS 293.3608 is hereby amended to read as follows:
293.3608On election day the county or city clerk shall:
1. Ensure that each mechanical recording device used during the period for early voting provides a record printed on paper of the total number of votes recorded on the device for each candidate and for or against each measure; and
2. Deliver to the central counting place:
(a) The items:
(1) Sorted and counted pursuant to subsection 3 of NRS 293.3604; or
(2) Counted pursuant to subsection 2 of NRS 298.360;
(b) The records printed on paper provided pursuant to subsection 1; and
(c) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting.
Sec. 21. NRS 293.361 is hereby amended to read as follows:
293.3611. During the time a polling place for early voting is open for voting, a person may not electioneer for or against any candidate, measure or political party in or within 30 feet from the entrance to the voting area.
2. During the period of early voting, the county or city clerk shall keep continuously posted:
(a) At the entrance to the room or area, as applicable, in which the polling place for early voting is located a sign on which is printed in large letters "Polling Place for Early Voting"; and
(b) At the outer limits of the area within which electioneering is prohibited, a sign on which is printed in large letters "Distance Marker. No electioneering between this point and the entrance to the polling place."
3. Ropes or other suitable objects may be used at the polling place to ensure compliance with this section. Persons who are not expressly permitted by law to be in a polling place must be excluded from the polling place to the extent practicable.
4. Any person who willfully violates the provisions of this section is guilty of a gross misdemeanor.".
Amend sec. 7, page 3, line 36, by deleting "35" and inserting "[35] 60".
Amend the bill as a whole by renumbering sections 9 and 10 as sections 25 and 26 and adding a new section designated sec. 24, following sec. 8, to read as follows:
"Sec. 24. NRS 293.543 is hereby amended to read as follows:
293.5431. If the registration of an elector is canceled pursuant to subsection 2 of NRS 293.540, the county clerk shall reregister the elector upon notice from the clerk of the district court that the elector has been declared sane or mentally competent by the district court.
2. If the registration of an elector is canceled pursuant to subsection 3 of NRS 293.540, the elector may reregister after he presents written evidence from a court or governmental agency of this state which demonstrates that:
(a) His conviction has been overturned; or
(b) His civil rights have been restored.
[2.] 3. If the registration of an elector is canceled pursuant to the provisions of subsection 5 of NRS 293.540, the elector may reregister immediately.
[3.] 4. If the registration of an elector is canceled pursuant to the provisions of subsection 6 of NRS 293.540, after the close of registration for a primary election, the elector may not reregister until after the primary election.".
Amend the bill as a whole by renumbering sections 11 through 19 as sections 28 through 36 and adding a new section designated sec. 27, following sec. 10, to read as follows:
"Sec. 27. NRS 293.650 is hereby amended to read as follows:
293.6501. The conduct of any city election is under the control of the city council, and it shall by ordinance provide for the holding of the election, appoint the necessary officers thereof, and do all other things required to carry the election into effect.
2. Early voting [must not be permitted] in a city election [.] may be conducted pursuant to the provisions of NRS 293.356 to 293.361, inclusive.".
Amend sec. 11, pages 6 and 7, by deleting lines 38 through 43 on page 6 and lines 1 through 6 on page 7 and inserting:
"293B.150 [No sooner] Not earlier than 2 weeks before [the election day,] and not later than 5 p.m. on the day before the first day of early voting, the county or city clerk of a county or city that uses a mechanical recording device which directly records votes electronically shall test the automatic tabulating equipment and programs to ascertain that the equipment and programs will correctly count the votes cast for all offices and on all measures.".
Amend sec. 16, page 10, line 32, by deleting "commercial ".
Amend sec. 16, page 10, line 35, by deleting "commercial ".
Amend sec. 16, page 10, line 37, by deleting "commercial ".
Amend the bill as a whole by renumbering sections 20 through 23 as sections 39 through 42 and adding new sections designated sections 37 and 38, following sec. 19, to read as follows:
"Sec. 37. Section 1 of Assembly Bill No. 18 of this session is hereby amended to read as follows:
Assembly Bill No. 416.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 682.
Amend the bill as a whole by deleting section 1, renumbering sections 2 and 3 as sections 3 and 4 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
"Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
The phrase "0.08 percent or more by weight of alcohol in his blood" includes a concentration of alcohol in the blood or breath of a person of 0.08 gram or more by weight of alcohol:
1. Per 100 milliliters of his blood; or
2. Per 210 liters of his breath.
Sec. 2. NRS 484.013 is hereby amended to read as follows:
484.013As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484.0135 to 484.217, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.".
Amend sec. 2, pages 1 and 2, by deleting lines 8 through 13 on page 1 and lines 1 through 22 on page 2 and inserting:
"484.3791. [It is unlawful for any person] A person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access who:
(a) Is under the influence of intoxicating liquor;
(b) Has 0.10 percent or more by weight of alcohol in his blood; or
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have 0.10 percent or more by weight of alcohol in his blood,
[to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.
2. It is unlawful for any]
shall be punished as provided in NRS 484.3792.
2. A person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access who:
(a) Has 0.08 percent or more by weight of alcohol in his blood; or
(b) Is found by measurement within 2 hours after driving or being in physical control of a vehicle to have 0.08 percent or more by weight of alcohol in his blood,
and causes damage to the property of another or injury to another, or both, shall be punished as provided in NRS 484.3792.
3. A person who is [an] a habitual user of or under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle [to drive or be] who is in actual physical control of a vehicle on a highway or on premises to which the public has access [.] shall be punished as provided in NRS 484.3792. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this state is not a defense against any charge of violating this subsection.
[3.] 4. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 or paragraph (b) of subsection 2 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood was tested, to cause the alcohol in his blood to equal or exceed 0.08 percent if the person caused damage to the property of another or injury to another, or both, or to equal or exceed 0.10 percent [.] regardless of damage or injury. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.".
Amend the bill as a whole by renumbering sections 4 through 10 as sections 6 through 12 and adding a new section designated sec. 5, following sec. 3, to read as follows:
"Sec. 5. NRS 484.37943 is hereby amended to read as follows:
484.379431. If a person is found guilty of a first violation, if the weight of alcohol in the defendant's blood at the time of the offense was [0.18] 0.12 percent or more, or any second violation of NRS 484.379 within 7 years, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.
2. If a person is convicted of a first violation of NRS 484.379 and he is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.
3. Except as otherwise provided in subsection 4 or 5, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:
(a) A counselor certified to make that evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;
(b) A physician certified to make that evaluation by the board of medical examiners; or
(c) A person who is approved to make that evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation,
who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
4. The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
5. The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.
6. An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this state outside an evaluation center shall not charge an offender more than $100 for the evaluation.".
Amend sec. 5, page 5, by deleting lines 36 and 37 and inserting:
"shows that a person had 0.08 percent or more by weight of alcohol in his blood at the time of the test if he caused damage to the property of another or injury to another, or both, or that he had 0.10 percent or more by weight of alcohol in his blood at the time of the test [,] regardless of damage or injury, his license, permit or privilege to drive".
Amend sec. 5, page 5, by deleting lines 42 and 43 and inserting:
"which was based on his having 0.08 percent or more by weight of alcohol in his blood if he caused damage to the property of another or injury to another, or both, or based on his having 0.10 percent or more by weight of alcohol in his blood [,] regardless of damage or injury, the department shall cancel the revocation under that".
Amend sec. 6, page 6, by deleting lines 9 and 10 and inserting:
"person who has 0.08 percent or more by weight of alcohol in his blood if he caused damage to the property of another or injury to another, or both, who has 0.10 percent or more by weight of alcohol in his blood regardless of damage or injury or who has a detectable amount of a controlled substance in his system, if ".
Amend sec. 6, page 6, by deleting lines 22 and 23 and inserting:
"then present, had 0.08 percent or more by weight of alcohol in his blood if he caused damage to the property of another or injury to another, or both, had 0.10 percent or more by weight of alcohol in his blood regardless of damage or injury or had a detectable amount of a controlled substance in his system, the".
Amend sec. 6, page 6, by deleting lines 27 and 28 and inserting:
"had been driving or in actual physical control of a vehicle with 0.08 percent or more by weight of alcohol in his blood if he caused damage to the property of another or injury to another, or both, with 0.10 percent or more by weight of alcohol in his blood regardless of damage or injury or with a detectable".
Amend sec. 7, page 8, by deleting lines 2 and 3 and inserting:
"person, at the time of the test, had 0.08 percent or more by weight of alcohol in his blood if he caused damage to the property of another or injury to another, or both, had 0.10 percent or more by weight of alcohol in his blood regardless of damage or injury or had a detectable amount of a controlled substance in his".
Amend sec. 8, page 8, by deleting lines 24 and 25 and inserting:
"the influence of intoxicating liquor , with 0.08 percent or more by weight of alcohol in his blood if he caused damage to the property of another or injury to another, or both, or with 0.10 percent or more by weight of alcohol in his blood [;] regardless of damage or injury;".
Amend sec. 9, page 9, by deleting lines 10 through 15 and inserting:
"488.2055As used in NRS 488.206 and section 4 of [this act] Assembly Bill No. 243, the phrase :
1. "0.08 percent or more by weight of alcohol in his blood" includes a concentration of alcohol in the blood or breath of a person of 0.08 gram or more by weight of alcohol:
(a) Per 100 milliliters of his blood; or
(b) Per 210 liters of his breath.
2. "0.10 percent or more by weight of alcohol in his blood" includes a concentration of alcohol in the blood or breath of a person of 0.10 gram or more by weight of alcohol:
[1.] (a) Per 100 milliliters of his blood; or
[2.] (b) Per 210 liters of his breath.".
Amend sec. 10, page 9, by deleting lines 17 through 43 and inserting:
"488.2061. [It is unlawful for any person] A person who operates or is in actual physical control of a vessel under power or sail on the waters of this state who:
(a) Is under the influence of intoxicating liquor;
(b) Has 0.10 percent or more by weight of alcohol in his blood; or
(c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel to have 0.10 percent or more by weight of alcohol in his blood,
[to operate or be in actual physical control of a vessel under power or sail on the waters of this state.
2. It is unlawful for any person]
shall be punished as provided in NRS 488.365.
2. A person who operates or is in actual physical control of a vessel under power or sail on the waters of this state who:
(a) Has 0.08 percent or more by weight of alcohol in his blood; or
(b) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel to have 0.08 percent or more by weight of alcohol in his blood,
and causes damage to the property of another or injury to another, or both, shall be punished as provided in NRS 488.365.
3. A person who operates or is in actual physical control of a vessel under power or sail on the waters of this state who:
(a) Is under the influence of any controlled substance;
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail,
[to operate or exercise actual physical control of a vessel under power or sail on the waters of this state.
3.]
shall be punished as provided in NRS 488.365.
4. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 or paragraph (b) of subsection 2 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his blood was tested, to cause the alcohol in his blood to equal or exceed 0.08 percent if he caused damage to the property of another or injury to another, or both, or to equal or exceed 0.10 percent [.] regardless of damage or injury. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.".
Amend the bill as a whole by deleting sections 11 and 12, renumbering sections 13 and 14 as sections 14 and 15 and inserting a new section designated sec. 13, following sec. 10, to read as follows:
"Sec. 13. Section 4 of Assembly Bill No. 243 of this session is hereby amended to read as follows:
Sec. 4. 1. A person who:
(a) Is under the influence of intoxicating liquor;
(b) Has [0.10] 0.08 percent or more by weight of alcohol in his blood;
(c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have [0.10] 0.08 percent or more by weight of alcohol in his blood;
(d) Is under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance; or
(e) Inhales, ingests, applies or otherwise uses [any] a chemical, poison or organic solvent, or [any] a compound or combination of any of these, to a degree which renders him incapable of safely operating or being in actual physical control of a vessel under power or sail,
and does [any] an act or neglects [any] a duty imposed by law while operating or being in actual physical control of any vessel under power or sail, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, 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 and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, [be segregated from offenders whose crimes were violent and, insofar as practicable,] be assigned to an institution or facility of minimum security.
2. A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.
3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel under power or sail, and before his blood was tested, to cause the alcohol in his blood to equal or exceed [0.10] 0.08 percent. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
4. If a person less than 15 years of age was in the vessel at the time of the defendant's violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.".
Amend sec. 14, page 11, lines 6 and 7, by deleting:
"2 and 4 to 11, inclusive," and inserting:
"2, 3, 6 to 10, inclusive, and 12".
Amend sec. 14, page 11, line 9, by deleting "section 3" and inserting:
"sections 4 and 13".
Amend the bill as a whole by deleting sec. 15.
Amend sec. 16, page 11, by deleting line 17 and inserting:
"Sec. 16. Sections 4, 5, 11 and 13 of this act become effective at 12:01 a.m. on".
Amend the title of the bill to read as follows:
"AN ACT relating to substances causing impairment; providing penalties for a person who operates a vehicle or vessel with 0.08 percent or more by weight of alcohol in his blood and who causes damage to the property of another or injury to another; reducing the blood alcohol content of a first time offender for whom a court is required to order an evaluation to determine if he is an abuser of alcohol or drugs; increasing the penalty for a conviction of driving under the influence of intoxicating liquor or a controlled substance; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY--Revises provisions governing operation of motor vehicle or vessel while under influence of intoxicating liquor or controlled substance. (BDR 43-1078)".
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. 472.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 585.
Amend sec. 4, page 1, line 8, by deleting ""Garage" "and inserting "1. "Garage" ".
Amend sec. 4, page 2, by deleting lines 1 through 7 and inserting:
"(a) Repair of the:
(1) Engine;
(2) Brake system;
(3) Transmission system;
(4) Drivetrain system;
(5) Heating and air conditioning system;
(6) Cooling system; or
(7) Muffler and exhaust system;
(b) Engine tune up;
(c) Diagnostic testing;
(d) Alignment; or
(e) Oil change and lubrication.
2. "Garage" does not include a business establishment, sole proprietorship, firm, corporation, association or other legal entity that does not perform services on motor vehicles for members of the general public.".
Amend sec. 9, page 3, line 18, by deleting:
"approves an application for registration," and inserting:
"receives an application for registration that contains the information required by section 8 of this act,".
Amend sec. 11, page 3, line 38, by deleting "nine" and inserting "12".
Amend sec. 11, page 4, line 8, by deleting "and ".
Amend sec. 11, page 4, line 10, by deleting the italicized period and inserting an italicized semicolon.
Amend sec. 11, page 4, between lines 10 and 11 by inserting:
"(i) Two members of the general public, one of whom must be appointed by the senate majority leader and one of whom must be appointed by the speaker of the assembly; and
(j) One member who represents the body shop industry, appointed by the governor.".
Amend sec. 12, page 5, line 8, by deleting "Identify" and inserting "Identify, study".
Amend sec. 12, page 5, line 10, by deleting "division;" and inserting:
"division for the establishment of an effective and complete system of mediation and arbitration;".
Amend the bill as a whole by renumbering sections 27 through 29 as sections 29 through 31 and adding new sections designated sections 27 and 28, following sec. 26, to read as follows:
"Sec. 27. Section 3 of Assembly Bill No. 134 of this session is hereby amended to read as follows:
Assembly Bill No. 485.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 680.
Amend sec. 3, page 2, line 29, by deleting ""Communication" and inserting:
""Good faith communication".
Amend sec. 3, page 2, line 31, by deleting "Activity" and inserting "Communication".
Amend sec. 3, page 2, line 39, by deleting "law." and inserting:
"law,
which is truthful or is made without knowledge of its falsehood.".
Amend sec. 5, page 3, by deleting lines 3 and 4 and inserting:
"governmental entity] A person who engages in a good faith communication in furtherance of the right to".
Amend sec. 5, page 3, by deleting lines 7 through 12.
Amend sec. 6, page 3, line 18, after "upon a" by inserting "good faith".
Amend the preamble of the bill, page 2, by deleting lines 15 and 16 and inserting
"Whereas, It".
Amend the title of the bill, second line, after "in a" by inserting "good faith".
Amend the summary of the bill, first line, after "in" by inserting "good faith".
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. 497.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 679.
Amend section 1, page 2, line 1, by deleting "2" and inserting:
"fixed or may be locked and which is 2 1/2".
Amend section 1, page 2, line 4, after "handle." by inserting:
"The term includes, without limitation, a butterfly knife.".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblymen Anderson, Freeman and Price.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assemblywoman Freeman moved that Assembly Bill No. 11 be taken from the Chief Clerk's desk and placed on the General File immediately following Assembly Joint Resolution No. 15.
Remarks by Assemblywoman Freeman.
Motion carried.
Senate Bill No. 186.
Bill read second time and ordered to third reading.
Senate Bill No. 230.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 689.
Amend the bill as a whole by renumbering sec. 3 as sec. 4 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 real estate division of the department of business and industry the sum of $13,607 for costs related to the administration of examinations.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.".
Amend sec. 3, page 2, by deleting line 29 and inserting:
"Sec. 4. 1. This section and section 3 of this act become effective upon passage and approval or on June 30, 1997, whichever occurs earlier.
2. Sections 1 and 2 of this act become effective on July 1, 1997.".
Amend the title of the bill, third line, after "division;" by inserting:
"making an appropriation;".
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 265.
Bill read second time and ordered to third reading.
Senate Bill No. 297.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 650.
Amend sec. 24, page 20, line 35, after "acknowledged " by inserting:
", and a certificate of acceptance of appointment executed by the resident agent of the corporation,".
Amend sec. 24, page 20, by deleting line 38 and inserting:
"82.146 or 82.176, it must comply with the provisions of those sections and pay the fees required ".
Amend sec. 29, page 23, by deleting lines 20 and 21 and inserting:
"3. The [signatures and acknowledgments of the incorporators] following may be omitted from the restated articles [.] :
(a) The names, addresses, signatures and acknowledgments of the incorporators;
(b) The names and addresses of the members of the past and present board of directors; and
(c) The name and address of the resident agent.".
Amend sec. 83, page 44, line 36, after "sections" by inserting "23,".
Amend sec. 83, page 45, line 1, by deleting "23," and inserting "22,".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 377.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 651.
Amend section 1, page 2, line 5, by deleting:
"4 or 5," and inserting "4,".
Amend section 1, page 2, by deleting lines 30 through 33.
Amend section 1, page 2, line 34, by deleting "6." and inserting "5.".
Amend section 1, page 2, line 39, by deleting "7." and inserting "6.".
Amend section 1, page 2, line 41, by deleting "8." and inserting "7.".
Amend sec. 2, page 5, by deleting lines 7 and 8 and inserting:
"by a violent physical act against a person protected by the order, the court shall:".
Amend sec. 2, page 5, line 9, by deleting "(1)" and inserting "(a)".
Amend sec. 2, page 5, line 12, by deleting "(2)" and inserting "(b)".
Amend sec. 2, page 5, by deleting lines 19 through 22.
Amend sec. 5, page 6, line 34, after "NRS " by inserting:
"33.017 to 33.100, inclusive, or".
Amend sec. 6, page 7, by deleting lines 23 and 24 and inserting:
"adverse party against a person protected by the order, the court shall:".
Amend sec. 6, page 7, line 25, by deleting "(1)" and inserting "(a)".
Amend sec. 6, page 7, line 27, by deleting "(2)" and inserting "(b)".
Amend sec. 6, page 7, line 32, by deleting "(3)" and inserting "(c)".
Amend sec. 6, page 7, by deleting lines 34 through 37.
Amend sec. 7, page 8, by deleting lines 36 and 37 and inserting:
"violent physical act against a person protected by the order or injunction, the court shall:".
Amend sec. 7, page 8, line 38, by deleting "(1)" and inserting "(a)".
Amend sec. 7, page 8, line 41, by deleting "(2)" and inserting "(b)".
Amend sec. 7, page 9, line 3, by deleting "(3)" and inserting "(c)".
Amend sec. 7, page 9, by deleting lines 5 through 8.
Amend sec. 13, page 9, by deleting lines 28 and 29 and inserting:
"following offenses if committed, attempted or conspired to be committed by the defendant against a person listed in subsection 2 for which the defendant is convicted of a misdemeanor or gross misdemeanor:".
Amend sec. 13, page 9, by deleting lines 32 and 33.
Amend sec. 13, page 9, line 34, by deleting "(d)" and inserting "(c)".
Amend sec. 13, page 9, line 35, by deleting "(e)" and inserting "(d)".
Amend sec. 13, page 9, line 37, by deleting "(f)" and inserting "(e)".
Amend sec. 13, page 9, line 38, by deleting "(g)" and inserting "(f)".
Amend sec. 13, page 9, line 40, by deleting "(h)" and inserting "(g)".
Amend sec. 13, page 9, line 41, by deleting "(i)" and inserting "(h)".
Amend sec. 13, page 9, line 42, by deleting "(j)" and inserting "(i)".
Amend sec. 13, page 9, line 43, by deleting "(k)" and inserting "(j)".
Amend sec. 13, page 10, line 1, by deleting "(l)" and inserting "(k)".
Amend sec. 13, page 10, line 3, by deleting "(m)" and inserting "(l)".
Amend sec. 13, page 10, by deleting line 4 and inserting:
"(m) Burglary or invasion of the home pursuant to NRS 205.060 to 205.080,".
Amend sec. 13, page 10, line 6, by deleting "(o)" and inserting "(n)".
Amend sec. 13, page 10, line 8, by deleting "(p)" and inserting "(o)".
Amend sec. 13, page 10, line 9, by deleting "(q)" and inserting "(p)".
Amend sec. 13, page 10, line 11, by deleting "(r)" and inserting "(q)".
Amend sec. 13, page 10, line 12, by deleting "(s)" and inserting "(r)".
Amend sec. 13, page 10, line 13, by deleting "(t)" and inserting "(s)".
Amend sec. 13, page 10, line 14, by deleting "(s)," and inserting "(r),".
Amend sec. 13, page 10, line 15, by deleting "(u)" and inserting "(t)".
Amend sec. 13, page 10, line 28, after "blood " by inserting ", marriage".
Amend sec. 14, pages 10 and 11, by deleting lines 42 through 44 on page 10 and lines 1 through 6 on page 11 and inserting:
"domestic violence and the underlying offense is a misdemeanor, the court shall sentence the defendant to:
(a) A term of imprisonment of not less than 2 days and not more than 6 months; and
(b) Perform not less than 48 hours of community service,
unless a more severe sentence is prescribed by statute for the underlying offense.
2. If a defendant is convicted of an offense relating to domestic violence and the underlying offense is a gross misdemeanor, the court shall sentence the defendant to:
(a) A term of imprisonment of not less than 10 days and not more than 1 year; and
(b) Perform not less than 200 hours of community service,
unless a more severe sentence is prescribed by statute for the underlying offense.".
Amend sec. 14, page 11, line 7, by deleting "2." and inserting "3.".
Amend sec. 14, page 11, line 13, by deleting "10 " and inserting "2".
Amend sec. 14, page 11, line 14, by deleting "20 " and inserting "10 ".
Amend sec. 14, page 11, by deleting lines 16 through 21.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assemblyman Perkins moved that Senate Bill No. 294 be taken from the Chief Clerk's desk and placed on the General File immediately following Assembly Bill No. 11.
Motion carried.
Assemblyman Anderson moved that Assembly Bill No. 411 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.
Assemblywoman Freeman moved that Assembly Bill No. 13 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Freeman.
Motion carried.
Assemblyman Price moved that Senate Bill No. 364 be taken from the Chief Clerk's desk and placed on the General File immediately following Assembly Bill No. 11.
Remarks by Assemblyman Price.
Motion carried.
Assemblyman Perkins moved that for this legislative day, all rules be suspended and that all bills and resolutions passed by the Assembly be immediately transmitted to the Senate.
Motion carried unanimously.
Assembly Bill No. 184.
Bill read third time.
Remarks by Assemblymen Ernaut and Perkins.
Potential conflict of interest declared by Assemblyman Perkins.
Roll call on Assembly Bill No. 184:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 184 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 208.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 208:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 208 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 227.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Assembly Bill No. 227:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 227 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 254.
Bill read third time.
Remarks by Assemblyman Lee.
Roll call on Assembly Bill No. 254:
Yeas -- 40.
Nays -- None.
Not voting -- Lambert, Sandoval - 2.
Assembly Bill No. 254 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 527.
Bill read third time.
Remarks by Assemblymen Bache and Goldwater.
Roll call on Assembly Bill No. 527:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 527 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 548.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Assembly Bill No. 548:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 548 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 15.
Resolution read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Joint Resolution No. 15:
Yeas -- 42.
Nays -- None.
Assembly Joint Resolution No. 15 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Resolution ordered transmitted to the Senate.
Assembly Bill No. 11.
Bill read third time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 697.
Amend sec. 5, page 3, by deleting line 13 and inserting:
"449.001 to 449.240, inclusive, [and] sections 2 to 7, inclusive, of [this act.] Assembly Bill No. 155 of this session and sections 2, 3 and 4 of this act.".
Amend the bill as a whole by adding a new section designated sec. 8, following sec. 7, to read as follows:
"Sec. 8. Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1997.".
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblywoman Freeman.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 364.
Bill read third time.
The following amendment was proposed by Assemblyman Price:
Amendment No. 684.
Amend section 1, page 1, line 7, after "in" by inserting:
"the assessment of ".
Assemblyman Price moved the adoption of the amendment.
Remarks by Assemblyman Price.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 294.
Bill read third time.
The following amendment was proposed by Assemblymen Perkins, Buckley, Anderson, Ernaut and Hettrick:
Amendment No. 696.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 16 and 17 and adding new sections designated sections 1 through 15, following the enacting clause, to read as follows:
"Section 1. Chapter 164 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. Sections 2 to 15, inclusive, of this act may be cited as the Uniform Management-of-Institutional-Funds Act.
Sec. 3. As used in sections 2 to 15, inclusive, of this act, the words and terms defined in sections 4 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. "Donative instrument" means a will, deed, grant, conveyance, agreement, memorandum, writing or other governing document, including the terms of any institutional solicitations from which an institutional fund resulted, under which property is transferred to or held by an institution as an institutional fund.
Sec. 5. "Endowment fund" means an institutional fund, or any part of the fund, not wholly expendable by the institution currently under the terms of the applicable donative instrument.
Sec. 6. "Governing board" means the body responsible for the management of an institution or institutional fund.
Sec. 7. "Historical monetary value" means the aggregate fair value in money of an endowment fund at the time it became an endowment fund, each subsequent donation to the fund at the time it is made, or each accumulation made pursuant to a direction in the applicable donative instrument at the time the accumulation is added to the fund.
Sec. 8. "Institution" means an organization, whether or not incorporated, organized and operated exclusively for educational, religious, charitable or other eleemosynary purposes, or a governmental organization to the extent that it holds funds exclusively for any of these purposes.
Sec. 9. "Institutional fund" means a fund held by an institution for its exclusive use, benefit or purposes, but does not include a fund held for an institution by a trustee that is not an institution or a fund in which a beneficiary that is not an institution has an interest other than possible rights that could arise upon violation or failure of the purposes of the fund.
Sec. 10. 1. A governing board may appropriate for expenditure for the uses and purposes for which an endowment fund is established so much of the net appreciation, realized and unrealized, in the fair value of the assets of the fund over the historical monetary value of the fund as is prudent under the standard established by section 14 of this act. This section does not limit the authority of the governing board to expend funds as permitted under other law, the terms of the applicable donative instrument or the charter of the institution.
2. A determination of historical monetary value made in good faith by the institution is conclusive.
Sec. 11. 1. Section 10 of this act does not apply if the applicable donative instrument indicates the donor's intention that net appreciation may not be expended. A restriction upon the expenditure of net appreciation may not be implied from a designation of a gift as an endowment, or from a direction or authorization in the applicable donative instrument to use only "income," "interest," "dividends," or "rents, issues or profits," or "to preserve the principal intact," or a direction that contains other words of similar import.
2. This rule of construction applies to donative instruments executed or in effect before, on or after October 1, 1997.
Sec. 12. In addition to an investment otherwise authorized by law or by the applicable donative instrument, and without restriction to investments a fiduciary may make, a governing board, subject to any specific limitations set forth in the applicable donative instrument or in the applicable law other than law relating to investments by a fiduciary, may:
1. Invest and reinvest an institutional fund in any real or personal property deemed advisable by the governing board, whether or not it produces a current return, including mortgages, stocks, bonds, debentures and other securities of profit or nonprofit corporations, shares in or obligations of associations, partnerships or natural persons, and obligations of any government or governmental subdivision or instrumentality;
2. Retain property contributed by a donor to an institutional fund for as long as the governing board deems advisable;
3. Include all or any part of an institutional fund in any pooled or common fund maintained by the institution; and
4. Invest all or part of an institutional fund in any other pooled or common fund available for investment, including shares or interests in regulated investment companies, mutual funds, common trust funds, investment partnerships, real estate investment trusts or similar organizations in which funds are commingled and investments are determined by persons other than the governing board.
Sec. 13. Except as otherwise provided by the applicable donative instrument or by applicable law relating to governmental institutions or funds, a governing board may:
1. Delegate to its committees, officers or employees of the institution or the fund, or agents, including investment counsel, the authority to act in place of the board in investment and reinvestment of institutional funds;
2. Contract with independent investment advisers, investment counsel or managers, banks, or trust companies, so to act; and
3. Authorize the payment of compensation for advisory or managerial services.
Sec. 14. 1. In the administration of the powers to appropriate appreciation, to make and retain investments, and to delegate management of the investment of institutional funds or of property held as an investment, members of a governing board shall exercise ordinary care and prudence, appropriate to the character of the institution, under the facts and circumstances prevailing at the time of the action or decision. In so doing, they shall consider present and future needs of the institution in carrying out its educational, religious, charitable or other eleemosynary purposes, present and anticipated financial requirements, expected total return on its investments, price level trends and general economic conditions.
2. Each investment must be considered in its relation to other investments made or contemplated.
Sec. 15. 1. With the written consent of the donor, a governing board may release, in whole or in part, a restriction imposed by the applicable donative instrument on the use or investment of an institutional fund.
2. If the written consent of a donor cannot be obtained by reason of his death, disability, unavailability or impossibility of identification, the governing board may apply in the name of the institution to the district court for release of a restriction imposed by the applicable donative instrument on the use or investment of an institutional fund. The attorney general must be notified of the application and given an opportunity to be heard. If the court finds that the restriction is obsolete, inappropriate or impracticable, it may by order release the restriction in whole or in part. A release under this subsection may not change an endowment fund to a fund that is not an endowment fund.
3. A release under this section may not allow a fund to be used for purposes other than the educational, religious, charitable or other eleemosynary purposes of the institution affected.
4. This section does not limit the application of the doctrine of applying a charitable gift as nearly as possible in conformity with the intention of the donor.".
Amend the title of the bill, first line, by deleting "education;" and inserting:
"financial administration; providing standards for the investment and management of money for eleemosynary purposes;".
Amend the summary of the bill to read as follows:
Senate Bill No. 15.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 673.
Amend sec. 5, page 4, line 15, by deleting "6:" and inserting "5:".
Amend sec. 5, page 5, by deleting lines 5 through 12 and inserting:
"4. A member of the board ".
Amend sec. 5, page 5, line 22, by deleting "6." and inserting "5.".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblymen Giunchigliani, Carpenter, Humke, Anderson and Lambert.
Amendment lost.
Assemblyman Arberry moved that Senate Bill No. 15 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Senate Bill No. 247.
Bill read third time.
Remarks by Assemblymen Nolan and Price.
Roll call on Senate Bill No. 247:
Yeas -- 42.
Nays -- None.
Senate Bill No. 247 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 258.
Bill read third time.
Remarks by Assemblyman Gustavson.
Roll call on Senate Bill No. 258:
Yeas -- 42.
Nays -- None.
Senate Bill No. 258 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Chamber, Carson City, June 17, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 209, 271, 422.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended Senate Bills Nos. 100, 127, 148, 197, 251, 256, 349, 374, 405, 414, 423.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Joint Resolution No. 12.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Joint Resolutions Nos. 13, 16.
Mary Jo Mongelli
Assistant Secretary of the Senate
Senate Bill No. 127.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 148.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.
Senate Bill No. 197.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 209.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 251.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 256.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 271.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 349.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 374.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 405.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 414.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 422.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 423.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Joint Resolution No. 12.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Joint Resolution No. 13.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Joint Resolution No. 16.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Sydney Krueger, Donald Krueger, Liz Krueger, Breann Simpson, Diana Adams, Jeff Adams, Kristina Finch, Darrel Finch, Linda Finch, Melanie Nowlin, Dorothy Leas, Dennis Leas, Christina Mitchell, Francis Ortiz, James Ortiz and Kimberly Finch.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Christy Haynes, Kay Elliott, Rosemary Peters, Kathy Toigo and Oleg Evanov.
On request of Assemblywoman Krenzer, the privilege of the floor of the Assembly Chamber for this day was extended to Leigh Ann Thompson.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Gretchen Stauts.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Mark Furman.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to John Wilson.
On request of Assemblyman Sandoval, the privilege of the floor of the Assembly Chamber for this day was extended to Kerlissa Bitah, Lani Bryan, Jasmine Fragoso, Anita Gunter, Alexandria Keeble, Max Krochmal, Lorena Levine, Tasha Martinez, Anna Ramaklus, Todd Smith, Jessica Testa, Kara Patin, Samuel Autman, Larry Baden, Crystal Chow, Greg Bortolin, Migan Inez, Paul Mitchell, Echo Rabideaux and Laura Wagner.
On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Jerry Lindsay.
Assemblyman Perkins moved that the Assembly adjourn until Wednesday, June 18, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 1:02 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly