ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND FIFTIETH DAY
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Carson City (Wednesday), June 18, 1997
Assembly called to order at 11:13 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by First Reader, Barbara Yochum.
Dear Lord, we come before You today with thanksgiving and praise. We ask Your Spirit and blessing upon the members of this Assembly. We humbly seek Your guidance and wisdom in all matters coming before this body. And if there is a matter that seems perplexing, may this Assembly be reminded to turn to You - each in their own way and in their own words - seeking Your divine direction. May their human footsteps then help to unfold Your supreme plan for this great State of Nevada. We know You as a good and glorious God - and we thank You for all the good that will be accomplished here today. In the Precious Name of Your son.
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.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 274, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Labor and Management, to which was referred Assembly Bill No. 279, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Saundra Krenzer,
Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Senate Bill No. 414, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Government Affairs.
Marcia de Braga,
Chairman
Mr. Speaker:
Your Committee on Taxation, to which was referred Assembly Bill No. 513, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Robert E. Price,
Chairman
Mr. Speaker:
Your Committee on Taxation, to which was referred Assembly Bill No. 535, 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 Taxation, to which was referred Assembly Bill No. 462, 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 Taxation.
Robert E. Price,
Chairman
Mr. Speaker:
Your Concurrent Committee on Transportation, to which was referred Assembly Bill No. 525, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Vonne Chowning,
Chairman
Mr. Speaker:
Your Committee on Transportation, to which were referred Senate Bills Nos. 335, 366, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Vonne Chowning,
Chairman
Mr. Speaker:
Your Committee on Transportation, to which were referred Assembly Bills Nos. 404, 494, 495, 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
Mr. Speaker:
Your Concurrent Committee on Ways and Means, to which was re-referred Assembly Bill No. 401, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry, Jr.,
Chairman
Senate Chamber, Carson City, June 17, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bills Nos. 84, 99, 125, 128, 427 and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Committee on Conference concerning Senate Bill No. 27.
Mary Jo Mongelli
Assistant Secretary of the Senate
Assemblyman Perkins moved that Assembly Bills Nos. 11, 165, 217, 218, 294, 414, 485, 497; Senate Bills Nos. 230, 294, 297, 364 be placed on the General File.
Motion carried.
Assemblyman Perkins moved that for the balance of the session, all rules be suspended and that all Assembly bills and resolutions passed by the Assembly be immediately transmitted to the Senate.
Motion carried unanimously.
Assemblyman Perkins moved that for the balance of the session, Assembly Standing Rule No. 92 be suspended.
Remarks by Assemblyman Perkins.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 615--An Act relating to the practice of law; requiring an applicant for a license to practice law in this state to submit to the State Bar of Nevada a complete set of his fingerprints and written permission to forward the fingerprints to the Federal Bureau of Investigation for its report; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 616--An Act relating to taxation; creating the Lake Tahoe Convention and Visitor's Authority; imposing a separate tax on lodging within the Lake Tahoe basin in Douglas County; excluding that area from the operation of the Douglas County Lodgers Tax Law; 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 Labor and Management:
Assembly Bill No. 617--An Act relating to industrial insurance; establishing deemed wages for officers of limited-liability companies for the purposes of industrial insurance; and providing other matters properly relating thereto.
Assemblywoman Krenzer moved that the bill be referred to the Committee on Labor and Management.
Motion carried.
Assembly Bill No. 204.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 594.
Amend section 1, page 1, line 7, by deleting "and".
Amend section 1, page 1, by deleting lines 8 and 9 and inserting:
"(d) The Director of the Department of Motor Vehicles and Public Safety; and
(e) The Director of the Department of Transportation.
These members of the committee shall select a chairman from among their membership.
2. The ex officio members of the committee prescribed in subsection 1 may appoint to serve as a member of the committee another person whom the members of the committee consider necessary to conduct the study.".
Amend section 1, page 1, line 10, by deleting "2." and inserting "3.".
Amend section 1, page 1, line 14, by deleting "3." and inserting "4.".
Amend section 1, page 1, between lines 15 and 16, by inserting:
"5. The provisions of chapter 241 of NRS apply to the meetings of the committee.".
Amend sec. 2, page 1, line 17, after "1." by inserting:
"Review and evaluate the methods for the collection of taxes and fees and the procedures for auditing currently used by state agencies to determine whether any coordination or consolidation of those methods and procedures between the state agencies can be achieved;
2. Review and evaluate the effectiveness of electronic transfers of money for the payment and collection of taxes and fees;
3.".
Amend sec. 2, page 2, line 1, by deleting "2." and inserting "4.".
Amend sec. 2, page 2, line 8, by deleting "3." and inserting "5.".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 216.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 701.
Amend section 1, page 1, by deleting line 2 and inserting:
"the Department of Prisons the sum of $405,228 for the purchase of vehicles, trucks, vans, forklifts, warehouse equipment".
Amend the title of the bill, first line, by deleting "vehicles" and inserting:
"vehicles, trucks, vans, forklifts, warehouse equipment".
Amend the summary of the bill, first line, by deleting "vehicles" and inserting:
"vehicles, trucks, vans, forklifts, warehouse equipment".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 264.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 704.
Amend section 1, page 1, line 3, by deleting "$521,991" and inserting "$436,046".
Assemblywoman Evans moved the adoption of the amendment.
Remarks by Assemblywoman Evans.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 299.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 702.
Amend sec. 3, page 2, line 30, by deleting "$1,187,608" and inserting "$1,162,203".
Amend sec. 3, page 2, by deleting line 31 and inserting:
"computer hardware, telephone systems, a radio communication system and laundry and kitchen equipment to be allocated as follows:
Assembly Bill No. 477.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 643.
Amend section 1, page 1, line 6, by deleting "diabetes." and inserting:
"diabetes, including, without limitation, coverage for the self-management of diabetes.".
Amend section 1, page 1, by deleting lines 9 through 16 and inserting:
"(a) Shall include in the disclosure required pursuant to NRS 689A.390 notice to each policyholder and subscriber under the policy of the availability of the benefits required by this section.
(b) Shall provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the policy.".
Amend section 1, page 1, line 18, by deleting:
"October 1, 1997," and inserting:
"January 1, 1998,".
Amend section 1, page 2, by deleting lines 1 through 9 and inserting:
"4. As used in this section:
(a) "Coverage for the management and treatment of diabetes" includes coverage for medication, equipment, supplies and appliances that are medically necessary for the treatment of diabetes.
(b) "Coverage for the self-management of diabetes" includes:
(1) The training and education provided to an insured person after he is initially diagnosed with diabetes which is medically necessary for the care and management of diabetes, including, without limitation, counseling in nutrition and the proper use of equipment and supplies for the treatment of diabetes;
(2) Training and education which is medically necessary as a result of a subsequent diagnosis that indicates a significant change in the symptoms or condition of the insured person and which requires modification of his program of self-management of diabetes; and
(3) Training and education which is medically necessary because of the development of new techniques and treatment for diabetes.
(c) "Diabetes" includes type I, type II and gestational diabetes.".
Amend sec. 3, page 2, line 23, by deleting "diabetes." and inserting:
"diabetes, including, without limitation, coverage for the self-management of diabetes.".
Amend sec. 3, page 2, by deleting lines 26 through 33 and inserting:
"(a) Shall include in the disclosure required pursuant to NRS 689B.027 notice to each policyholder and subscriber under the policy of the availability of the benefits required by this section.
(b) Shall provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the policy.".
Amend sec. 3, page 2, line 35, by deleting:
"October 1, 1997," and inserting:
"January 1, 1998,".
Amend sec. 3, pages 2 and 3, by deleting lines 38 through 43 on page 2 and lines 1 through 3 on page 3 and inserting:
"4. As used in this section:
(a) "Coverage for the management and treatment of diabetes" includes coverage for medication, equipment, supplies and appliances that are medically necessary for the treatment of diabetes.
(b) "Coverage for the self-management of diabetes" includes:
(1) The training and education provided to the employee or member of the insured group after he is initially diagnosed with diabetes which is medically necessary for the care and management of diabetes, including, without limitation, counseling in nutrition and the proper use of equipment and supplies for the treatment of diabetes;
(2) Training and education which is medically necessary as a result of a subsequent diagnosis that indicates a significant change in the symptoms or condition of the employee or member of the insured group and which requires modification of his program of self-management of diabetes; and
(3) Training and education which is medically necessary because of the development of new techniques and treatment for diabetes.
(c) "Diabetes" includes type I, type II and gestational diabetes.".
Amend sec. 4, page 3, line 9, by deleting "diabetes." and inserting:
"diabetes, including, without limitation, coverage for the self-management of diabetes.".
Amend sec. 4, page 3, by deleting lines 12 through 19 and inserting:
"(a) Shall include in the disclosure required pursuant to NRS 695B.172 notice to each policyholder or subscriber covered under the contract of the availability of the benefits required by this section.
(b) Shall provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the contract.".
Amend sec. 4, page 3, line 22, by deleting:
"October 1, 1997," and inserting:
"January 1, 1998,".
Amend sec. 4, page 3, by deleting lines 25 through 33 and inserting:
"4. As used in this section:
(a) "Coverage for the management and treatment of diabetes" includes coverage for medication, equipment, supplies and appliances that are medically necessary for the treatment of diabetes.
(b) "Coverage for the self-management of diabetes" includes:
(1) The training and education provided to a person covered under the contract after he is initially diagnosed with diabetes which is medically necessary for the care and management of diabetes, including, without limitation, counseling in nutrition and the proper use of equipment and supplies for the treatment of diabetes;
(2) Training and education which is medically necessary as a result of a subsequent diagnosis that indicates a significant change in the symptoms or condition of the person covered under the contract and which requires modification of his program of self-management of diabetes; and
(3) Training and education which is medically necessary because of the development of new techniques and treatment for diabetes.
(c) "Diabetes" includes type I, type II and gestational diabetes.".
Amend sec. 5, page 3, line 39, by deleting "diabetes." and inserting:
"diabetes, including, without limitation, coverage for the self-management of diabetes.".
Amend sec. 5, pages 3 and 4, by deleting lines 42 and 43 on page 3 and lines 1 through 5 on page 4 and inserting:
"(a) Shall include in the disclosure required pursuant to NRS 695C.193 notice to each enrollee under the evidence of coverage of the availability of the benefits required by this section.
(b) Shall provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for the evidence of coverage that are required under the evidence of coverage.".
Amend sec. 5, page 4, line 7, by deleting:
"October 1, 1997," and inserting:
"January 1, 1998,".
Amend sec. 5, page 4, by deleting lines 10 through 18 and inserting:
"4. As used in this section:
(a) "Coverage for the management and treatment of diabetes" includes coverage for medication, equipment, supplies and appliances that are medically necessary for the treatment of diabetes.
(b) "Coverage for the self-management of diabetes" includes:
(1) The training and education provided to the enrollee after he is initially diagnosed with diabetes which is medically necessary for the care and management of diabetes, including, without limitation, counseling in nutrition and the proper use of equipment and supplies for the treatment of diabetes;
(2) Training and education which is medically necessary as a result of a subsequent diagnosis that indicates a significant change in the symptoms or condition of the enrollee and which requires modification of his program of self-management of diabetes; and
(3) Training and education which is medically necessary because of the development of new techniques and treatment for diabetes.
(c) "Diabetes" includes type I, type II and gestational diabetes.".
Assemblyman Herrera moved the adoption of the amendment.
Remarks by Assemblyman Herrera.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 493.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 559.
Amend section 1, page 1, line 2, by deleting "14," and inserting "16,".
Amend sec. 2, page 1, line 5, by deleting:
"and 4 of this act" and inserting:
"to 6, inclusive, of this act,".
Amend the bill as a whole by renumbering sec. 3 as sec. 6 and adding new sections designated sections 3 through 5, following sec. 2, to read as follows:
"Sec. 3. "Alternative care facility" means a facility that is publicly or privately owned or operated at which children participate voluntarily in programs that are:
1. Established as an alternative to detention in a detention facility; and
2. Subject generally to the oversight of a court of competent jurisdiction.
Sec. 4. "Child" means a person who is less than 18 years of age.
Sec. 5. "Detention facility" means a facility that is publicly or privately owned or operated and in which children are detained:
1. While awaiting trial or other disposition; or
2. As a condition of a sentence imposed by a court of competent jurisdiction.".
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 through 14 as sections 7 through 16.
Amend sec. 5, pages 1 and 2, by deleting lines 15 through 19 on page 1 and lines 1 and 2 on page 2 and inserting:
"Sec. 7. 1. The division shall adopt:
(a) Regulations to establish the minimum standards for the operation of detention and alternative care facilities.
(b) Such other regulations as in the determination of the administrator are necessary to carry out the provisions of this chapter.
2. A detention or alternative care facility that is licensed pursuant to this chapter shall comply with the regulations adopted pursuant to subsection 1.
3. This section does not prohibit a county or an owner or operator of a detention or alternative care facility from adopting standards for the operation of the facility that are more stringent than those adopted by the division pursuant to subsection 1.".
Amend sec. 6, page 2, line 4, by deleting:
"resident care facility for children" and inserting:
"detention or alternative care facility".
Amend sec. 6, page 2, line 6, by deleting:
"resident care facility for children" and inserting:
"detention or alternative care facility".
Amend sec. 6, page 2, line 8, by deleting:
"resident care facility for children" and inserting:
"detention or alternative care facility".
Amend sec. 6, page 2, line 13, after "applicant and" by inserting:
"the qualifications of ".
Amend sec. 6, page 2, by deleting lines 20 and 21 and inserting:
"by the division if it determines that a detention or alternative care facility is otherwise properly regulated or accredited by an entity qualified and authorized to conduct such an accreditation. The".
Amend sec. 7, page 2, line 25, by deleting:
"resident care facility for children" and inserting:
"detention or alternative care facility".
Amend sec. 7, page 2, line 30, by deleting:
"residential care facility for children" and inserting:
"detention or alternative care facility".
Amend sec. 7, page 2, line 36, by deleting:
"resident care facility for children" and inserting:
"detention or alternative care facility".
Amend sec. 7, page 2, line 40, by deleting:
"resident care facility for children" and inserting:
"detention or alternative care facility".
Amend sec. 8, page 3, by deleting lines 1 and 2 and inserting:
"applicant for a license to operate a detention or alternative care facility to determine whether the person investigated".
Amend sec. 9, page 3, by deleting lines 17 and 18 and inserting:
"operate a detention or alternative care facility a complete set of his fingerprints and written permission".
Amend sec. 10, page 3, by deleting lines 39 and 40 and inserting:
"or employees of the detention or alternative care facility.
5. Conviction of a crime listed in subsection 1 of section 10 of this act".
Amend sec. 11, page 4, by deleting lines 1 and 2 and inserting:
"Sec. 13. The division shall visit each licensed detention or alternative care facility as often as necessary to ensure that proper care is being given to the".
Amend sec. 12, page 4, by deleting lines 6 through 15 and inserting:
"of a license to operate a detention or alternative care facility.
2. A detention or alternative care facility may be represented by legal counsel in any proceeding related to:
(a) The issuance, suspension, revocation or denial of a license to operate a detention or alternative care facility; and
(b) The care given to a child by that facility.
3. Any current or former employee of a detention or alternative care facility may be represented by legal counsel in any proceeding related to:
(a) The issuance, suspension, revocation or denial of his current or former employer's license to operate a detention or alternative care facility;".
Amend sec. 13, page 4, by deleting lines 20 and 21 and inserting:
"to enjoin any person from operating or maintaining a detention or alternative care facility:".
Amend sec. 13, page 4, by deleting lines 26 and 27 and inserting:
"certain date and in a certain place, operate and maintain the detention or alternative care facility without a license or waiver.".
Amend sec. 14, page 4, line 28, by deleting:
"resident care facility for children" and inserting:
"detention or alternative care facility".
Amend the bill as a whole by renumbering sections 15 through 17 as sections 18 through 20 and adding a new section designated sec. 17, following sec. 14, to read as follows:
"Sec. 17. 1. There is hereby established within the division of child and family services of the department of human resources a committee to recommend standards for the operation of detention and alternative care facilities. The committee consists of eight members appointed by the administrator of the division as follows:
(a) One member who represents correctional facilities for juveniles that are established and operated by the State of Nevada, including, without limitation:
(1) The Nevada youth training center.
(2) The Caliente youth center.
(b) One member who represents facilities that are established and operated by counties for the care of minors adjudged delinquent, including, without limitation:
(1) The facility in Douglas County known as China Spring Youth Camp.
(2) The facility in Clark County known as Spring Mountain Youth Camp.
(c) Two members who represent facilities that are established and operated by counties for the temporary detention of children, including, without limitation:
(1) The facility in Washoe County known as Wittenberg Hall.
(2) The facility in Clark County known as Zenoff Hall.
(3) The facility in Humboldt County known as Leighton Hall.
(d) One member who represents facilities that are established and operated by counties for the shelter and care of children, including, without limitation:
(1) The facility in Clark County known as Child Haven.
(2) The facility in Washoe County known as Kids' Kottage.
(e) One member who represents alternative care facilities that are established and operated by the division, including, without limitation:
(1) Those facilities in the northern region of the State of Nevada known as family learning homes.
(2) Those facilities in the southern region of the State of Nevada known as oasis homes.
(f) One member who represents the division.
(g) One member who represents the Association of Group Care Providers.
2. Immediately after the members of the committee are appointed, the committee shall meet and elect from among its members a chairman and vice chairman.
3. The members of the committee serve terms of office commencing on July 1, 1997, and terminating on July 1, 1998.
4. Vacancies in the committee must be filled in the same manner as original appointments, and must be for the unexpired term of the member whose office becomes vacant.
5. The committee:
(a) Shall hold meetings at least once every 3 months to carry out its duties pursuant to subsection 7.
(b) May hold additional meetings at the call of the chairman.
6. The members of the committee are entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the division, while engaged in the business of the committee; and
(b) A per diem allowance and travel expenses at a rate fixed by the division, while engaged in the business of the committee. The rate must not exceed the rate provided for state officers and employees generally.
7. The committee shall:
(a) Develop recommended standards for the operation of detention and alternative care facilities to be incorporated into the regulations adopted by the division pursuant to section 7 of this act.
(b) Not later than March 1, 1998, submit to the administrator of the division the recommended standards developed pursuant to paragraph (a).
(c) Perform such other duties as are directed by the administrator of the division.".
Amend sec. 16, page 4, line 35, by deleting "January" and inserting "July".
Amend sec. 17, page 4, by deleting lines 36 through 38 and inserting:
"Sec. 20. 1. This section becomes effective on July 1, 1997.
2. Sections 7, 8 and 14 of this act become effective on July 1, 1997, for the purpose of adopting regulations and on July 1, 1998, for all other purposes.
3. Section 17 of this act becomes effective on July 1, 1997, and expires by limitation on July 1, 1998.
4. Sections 1 to 6, inclusive, 9 to 13, inclusive, 15, 16, 18 and 19 of this act become effective on July 1, 1998.".
Amend the title of the bill, third line, by deleting "provide resident" and inserting:
"detain or provide alternative".
Amend the summary of the bill, second line, by deleting "provide resident" and inserting:
"detain or provide alternative".
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblywoman Freeman.
Amendment adopted.
Assemblywoman Freeman moved that Assembly Bill No. 493 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. 510.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 668.
Amend section 1, page 2, line 11, by deleting "reasonable" and inserting:
"[reasonable] :
(a) A room rate in excess of the normal allowance for reimbursement of employees who are required to travel on weekends to serve the needs of the public. The board may require the submission of receipts as a condition of reimbursement at the special rate.
(b) Reasonable".
Assemblywoman Evans moved the adoption of the amendment.
Remarks by Assemblywoman Evans.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 515.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 654.
Amend section 1, page 1, by deleting line 5 and inserting:
"school, or on a school bus or at a bus stop used to load and unload a school bus while the bus is engaged in its official duties:".
Amend the title of the bill by deleting the second line and inserting:
"on public or private school property, on a school bus or at a bus stop; and providing other".
Amend the summary of the bill to read as follows:
Assembly Bill No. 522.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 716.
Amend the bill as a whole by renumbering section 1 as sec. 4 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
"Section 1. NRS 118B.095 is hereby amended to read as follows:
118B.095 1. The landlord shall authorize each manager and assistant manager to make repairs himself or enter into a contract with a third party for the repairs.
2. [The] Except as otherwise provided in subsection 3, the manager shall contract with a third party to provide emergency repairs for the tenants on the occasions when the manager and assistant manager are not physically present in the park. The manager shall notify each tenant of the telephone number of the third party who will make the repairs, and direct the tenants to call him when an emergency repair is needed and the manager and assistant manager are not physically present in the park. The telephone number so provided must be that of the third party directly. The provision of the telephone number of an answering service does not fulfill this requirement. If the manager or assistant manager [are] is present in the park, any request for repairs must be made to him and not the third party.
3. The provisions of subsection 2 do not apply to a mobile home park that is owned by:
(a) A nonprofit organization; or
(b) A housing authority,
if the nonprofit organization or housing authority has established an alternative method to provide emergency repairs for tenants in a timely manner.
4. As used in this section, "repairs" means only repairs to the property of the owner of the mobile home park.
Sec. 2. NRS 118B.150 is hereby amended to read as follows:
118B.150 The landlord or his agent or employee shall not:
1. Increase rent or additional charges unless:
(a) The rental increase is the same for mobile homes of the same size or lots of the same size or of a similar location or classification within the park, except that a discount may be selectively given to persons who are handicapped or who are 62 years of age or older, and any increase in additional charges for special services is the same amount for each tenant using the special service; and
(b) Written notice advising a tenant of the increase is received by the tenant 90 days in advance of the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy.
2. Require a tenant to pay for an improvement to the common area of a mobile home park unless the landlord is required to make the improvement pursuant to an ordinance of a local government.
3. Require a tenant to pay for a capital improvement to the mobile home park unless the tenant has notice of the requirement at the time he enters into the rental agreement. A tenant may not be required to pay for a capital improvement after the tenant enters into the rental agreement unless the tenant consents to it in writing or is given 60 days' notice of the requirement in writing. The landlord may not establish such a requirement unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposal. A notice in a periodic publication of the park does not constitute notice for the purposes of this subsection.
4. Require a tenant to pay his rent by check or money order.
5. Require a tenant who pays his rent in cash to apply any change to which he is entitled to the next periodic payment that is due. The landlord or his agent or employee shall have an adequate amount of money available to provide change to such a tenant.
6. Prohibit or require fees or deposits for any meetings held in the park's community or recreational facility by the tenants or occupants of any mobile home or recreational vehicle in the park to discuss the park's affairs, or any political or social meeting sponsored by a tenant, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of those meetings.
7. Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages.
8. Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and holidays excluded, and if the park is a secured park, a guest may be required to register upon entering and leaving.
9. Charge a fee for a guest who does not stay with the tenant for more than a total of 60 days in a calendar year. The tenant of a mobile home lot who is living alone may allow one other person to live in his home without paying [any] an additional charge or fee [.] , unless such a living arrangement constitutes a violation of chapter 315 of NRS. No agreement between a tenant and his guest alters or varies the terms of the rental contract between the tenant and the landlord and the guest is subject to the rules and regulations of the landlord.
10. Prohibit a tenant from erecting a fence along the perimeter of the tenant's lot if the fence complies with any standards for fences established by the landlord, including limitations established for the height of fences, the materials used for fences and the manner in which fences are to be constructed.
11. Prohibit any tenant from soliciting membership in any association which is formed by the tenants who live in the park. As used in this subsection, "solicit" means to make an oral or written request for membership or the payment of dues or to distribute, circulate or post a notice for payment of those dues.
12. Prohibit a public officer or candidate for public office from walking through the park to talk with the tenants.
Sec. 3. NRS 118B.200 is hereby amended to read as follows:
118B.200 Notwithstanding the expiration of a period of a tenancy, the rental agreement described in NRS 118B.190 may not be terminated except for:
1. Failure of the tenant to pay rent, utility charges or reasonable service fees within 10 days after written notice of delinquency served upon the tenant in the manner provided in NRS 40.280;
2. Failure of the tenant to correct any noncompliance with a law, ordinance or governmental regulation pertaining to mobile homes or recreational vehicles or a valid rule or regulation established pursuant to NRS 118B.100 or to cure any violation of the rental agreement within a reasonable time after receiving written notification of noncompliance or violation;
3. Conduct of the tenant in the mobile home park which constitutes an annoyance to other tenants;
4. Violation of valid rules of conduct, occupancy or use of park facilities after written notice of the violation is served upon the tenant in the manner provided in NRS 40.280;
5. A change in the use of the land by the landlord pursuant to NRS 118B.180; or
6. Conduct of the tenant which constitutes a nuisance as defined in NRS 40.140 or which violates a state law or local ordinance.
7. In a mobile home park that is owned by a nonprofit organization or housing authority, failure of the tenant to meet qualifications relating to age or income which:
(a) Are set forth in the lease signed by the tenant; and
(b) Comply with federal, state and local law.".
Amend the bill as a whole by renumbering sec. 2 as sec. 6 and adding a new section designated sec. 5, following section 1, to read as follows:
"Sec. 5. NRS 118B.215 is hereby amended to read as follows:
118B.215 1. There is hereby created as a special revenue fund in the state treasury the fund for low-income owners of mobile homes, to be administered by the division. All money received for the use of the fund pursuant to NRS 118B.213 or from any other source must be deposited in the fund.
2. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.
3. The money in the fund may be used only to pay necessary administrative costs and to assist eligible persons by supplementing their monthly rent for the mobile home lot on which their mobile home is located. To be eligible for assistance from the fund a person must:
(a) Except as otherwise provided in this subsection, have been a tenant in the same mobile home park in this state for at least 1 year immediately preceding his application for assistance;
(b) Own the mobile home which is subject to the tenancy;
(c) Have a monthly household income which is at or below:
(1) The federally designated level signifying poverty or $750, whichever is greater, if the person is the sole occupant of the mobile home; or
(2) The federally designated level signifying poverty or $1,125, whichever is greater, if the person is not the sole occupant of the mobile home;
(d) Be a tenant in a mobile home park that is operated for profit and maintain continuous tenancy in that park during the duration of the supplemental assistance; and
(e) Not have assets whose value is more than $10,000, excluding the value of the mobile home which is subject to the tenancy, the contents of that mobile home and one motor vehicle.
A person who has been a tenant of a mobile home park in this state for at least 1 year, but has not been a tenant of the mobile home park in which he resides at the time he applies for assistance for at least 1 year, is eligible for assistance from the fund if he moved to the mobile home park in which he resides at the time of his application because he was unable to pay the rent at the mobile home park from which he moved or because that park was closed.
4. The administrator shall adopt regulations establishing:
(a) The annual reporting requirements for persons receiving assistance pursuant to this section. The regulations must require that each such person provide the division with a written acknowledgment of his continued eligibility for assistance.
(b) The maximum amount of assistance which may be distributed to a person to supplement his monthly rent pursuant to this section.
5. As used in this section, "monthly household income" means the combined monthly incomes of the occupants of a mobile home which is subject to the tenancy for which assistance from the fund is requested.".
Amend the title of the bill to read as follows:
Assembly Bill No. 573.
Bill read second time and ordered to third reading.
Assembly Bill No. 574.
Bill read second time.
Assemblyman Arberry moved that Assembly Bill No. 574 be re-referred to the Committee on Health and Human Services.
Motion carried.
Assembly Bill No. 576.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 17.
Resolution read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 677.
Amend the resolution, page 1, by deleting lines 10 through 13 and inserting:
"[his successor shall be] their successors are qualified.".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.
Senate Bill No. 129.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 700.
Amend section 1, page 1, line 7, by deleting "child " and inserting "pedestrian".
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. 260.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 642.
Amend section 1, page 2, by deleting line 25 and inserting:
"(b) A factory-built house or mobile home which has been converted to real property pursuant to NRS 361.244.".
Assemblyman Perkins moved the adoption of the amendment.
Remarks by Assemblyman Perkins.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 348.
Bill read second time and ordered to third reading.
Assemblyman Arberry moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:43 a.m.
At 11:59 a.m.
Mr. Speaker presiding.
Quorum present.
Assemblyman Herrera moved that Assembly Bill No. 13 be taken from the Chief Clerk's desk and placed at the top of the General File.
Motion carried.
Assembly Bill No. 165.
Bill read third time.
Remarks by Assemblymen Anderson and Chowning.
Roll call on Assembly Bill No. 165:
Yeas -- 41.
Nays -- Von Tobel.
Assembly Bill No. 165 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 217.
Bill read third time.
Remarks by Assemblyman Marvel.
Roll call on Assembly Bill No. 217:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 217 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 218.
Bill read third time.
Remarks by Assemblywoman Von Tobel.
Roll call on Assembly Bill No. 218:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 218 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 294.
Bill read third time.
Remarks by Assemblywoman Koivisto.
Roll call on Assembly Bill No. 294:
Yeas -- 41.
Nays -- None.
Not voting -- Dini.
Assembly Bill No. 294 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 485.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Assembly Bill No. 485:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 485 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 497.
Bill read third time.
Remarks by Assemblymen Nolan, Anderson, Carpenter and Collins.
Assemblyman Collins moved that Assembly Bill No. 497 be taken from the General File and placed on the Chief Clerk's desk.
Motion lost.
Remarks by Assemblymen Gustavson, Herrera, Lambert, Price and Perkins.
Assemblymen Perkins, Giunchigliani and Goldwater moved the previous question.
Motion carried.
The question being on the passage of Assembly Bill No. 497.
Roll call on Assembly Bill No. 497:
Yeas -- 20.
Nays -- Bache, Carpenter, Cegavske, Close, Collins, de Braga, Dini, Gustavson, Hettrick, Hickey, Humke, Krenzer, Lambert, Lee, Marvel, Mortenson, Neighbors, Price, Sandoval, Tiffany, Von Tobel, Williams - 22.
Assembly Bill No. 497 having failed to receive a constitutional majority, Mr. Speaker declared it lost.
Senate Bill No. 29.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 705.
Amend section 1, page 3, line 18, by deleting:
"a special fund," and inserting "an account,".
Amend section 1, page 3, line 20, by deleting "special fund " and inserting "account ".
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assemblyman Bache gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 497 was this day refused passage.
Motion carried.
Senate Bill No. 265.
Bill read third time.
Remarks by Assemblymen Anderson and Price.
Roll call on Senate Bill No. 265:
Yeas -- 42.
Nays -- None.
Senate Bill No. 265 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 294.
Bill read third time.
Remarks by Assemblymen Collins and Perkins.
Roll call on Senate Bill No. 294:
Yeas -- 42.
Nays -- None.
Senate Bill No. 294 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 297.
Bill read third time.
Remarks by Assemblywoman Berman.
Roll call on Senate Bill No. 297:
Yeas -- 42.
Nays -- None.
Senate Bill No. 297 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 344.
Bill read third time.
Remarks by Assemblywoman Berman.
Roll call on Senate Bill No. 344:
Yeas -- 42.
Nays -- None.
Senate Bill No. 344 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 353.
Bill read third time.
Remarks by Assemblyman Price.
Roll call on Senate Bill No. 353:
Yeas -- 42.
Nays -- None.
Senate Bill No. 353 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 619--An Act making an appropriation for the management of estray horses in the Virginia Range area in northern Nevada and creating a special account for the money appropriated; and providing other matters properly relating thereto.
Assemblywoman de Braga moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Assembly Bill No. 125.
The following Senate amendment was read:
Amendment No. 549.
Amend sec. 2, page 2, lines 36 and 37, by deleting "and micrographics".
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 125.
Remarks by Assemblyman Bache.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 427.
The following Senate amendment was read:
Amendment No. 577.
Amend sec. 3, page 2, line 17, by deleting "October" and inserting "July".
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 3, to read as follows:
"Sec. 4. This act becomes effective on July 1, 1997.".
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 427.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Phillip Berger.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Robert Yeary.
On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Amanda Cyphers.
Assemblyman Perkins moved that the Assembly adjourn until Thursday, June 19, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 12:46 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly