ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND FIFTY-SEVENTH DAY
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Carson City (Wednesday), June 25, 1997
Assembly called to order at 11:31 a.m.
Madam Speaker pro Tempore presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Bruce Henderson.
Our Lord God, as this makes our ninety-fifth Legislative day, some of our legislators seem to be praying the words of King David. My soul is greatly dismayed; but Thou, O Lord - how long? Help us to be encouraged by the prophet Isaiah. Though youths grow weary and tired, and vigorous young men stumble badly, yet those who wait for the Lord will gain new strength; They will mount us with wings like eagles; They will run and not get tired; They will walk and not become weary. O Lord, please give us strength!
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 Government Affairs, to which were referred Assembly Bills Nos. 70, 581, 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 Government Affairs.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 337, 454, 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 Infrastructure, to which was referred Assembly Bill No. 566, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
David Goldwater,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 580, 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 Concurrent Committee on Judiciary, to which was referred Senate Bill No. 113, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 231, 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 Natural Resources, Agriculture, and Mining, to which were referred Assembly Bill No. 405; Senate Bill No. 398, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Marcia de Braga,
Chairman
Mr. Speaker:
Your Committee on Taxation, to which was referred Assembly Bill No. 380, 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 Committee on Ways and Means, to which were referred Assembly Bills Nos. 268, 606; Senate Bills Nos. 177, 183, 184, 185, 417, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Morse Arberry, Jr.,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which were re-referred Assembly Bills Nos. 82, 411, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Morse Arberry, Jr.,
Chairman
Senate Chamber, Carson City, June 24, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 435, 458, 477.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bills Nos. 69, 117, 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 Assembly Concurrent Resolution No. 49.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly amendment to Senate Bill No. 230.
Mary Jo Mongelli
Assistant Secretary of the Senate
By Assemblymen Giunchigliani, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams:
Assembly Concurrent Resolution No. 50--Urging the Clark County School District to name a school after former Legislator Marvin M. Sedway.
Whereas, Marvin M. Sedway, a highly respected and sagacious former member of the Nevada Legislature, believed that a decent society is obligated to provide a superior education for its children; and
Whereas, Marvin Sedway carried an unshakable belief in the power of education and fought to make the education of children a top priority of our government; and
Whereas, The poster displayed in Marvin Sedway's office, which read "It will be a great day when our schools get all the money they need and the Air Force has to hold a bake sale to buy a bomber," illustrated his commitment to education; and
Whereas, Marvin Sedway's unflagging efforts to help the poor, the homeless, the elderly and all those with little power in our society gained him broad respect in the Legislature and throughout the state; and
Whereas, Marvin Sedway was a man of uncommon distinction who made certain he made a difference in the lives of the people of the State of Nevada; and
Whereas, The people of the State of Nevada will long remember Marvin Sedway for his compassion, drive and valuable public service; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature do respectfully urge the Clark County School District to honor a distinguished Nevadan, Marvin M. Sedway, by naming a school after him; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to each member of the Board of Trustees of the Clark County School District.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblymen Giunchigliani, Anderson, Dini, Bache, Price, Arberry, Evans, Carpenter, Freeman and Marvel.
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblywoman Giunchigliani:
Thank you, Madam Speaker pro Tempore. For those of you who never had the experience of meeting Marvin, you don't know what you were missing. Marvin was not only my friend, but my hero because he believed in trying to make a difference in the lives of the elderly, children, and families. I believe all of us ran for office to do that type of thing, but it is rare that you have an individual who is capable of articulating it in such a manner as Marvin did, not only through his commitment as Ways and Means chair, but sometimes with vivid imagination. He once threw a nickel across the floor saying, "All the property tax that goes to children is a lousy nickel." He had the capability of emphasizing his words with action that many of us don't always have the opportunity to do.
This resolution does nothing more than ask the Clark County School District to recognize an individual who for years gave of himself from his profession. It's not something that he "hyped." He voluntarily paid for all eye exams not only for the children that were housed at the Helen J. Stewart facility, but for any child that needed it within the southern Nevada area, and not because someone told him to do so. This is not something you would have read on his resumé. That was the type of individual that Marvin was.
We are naming schools right and left after many individuals that are very well deserving, but there are very few that have demonstrated not only commitment and public service, but have also actually done something within their community, and Marvin did. The purpose of this resolution is to ask the Clark County School District to at least entertain this type of recognition.
I would like to introduce Kim Sedway, Marv's best friend and wife, and thank her for being here today. I'm sure many of you will have other stories to share with us about Marvin.
Assemblyman Anderson:
Thank you, Madam Speaker pro Tempore. I wish to rise in support of ACR 50. The naming of schools after individuals is a controversial topic in my county, but I think that there is a really strong reason to do so. It demonstrates to children that the average person makes a difference. A person like Marvin Sedway in no way can be classified as average, other than that he cared for the average men, women and children of this state.
For all of us who knew and loved Marvin Sedway, he is not going to go away. We'll always remember the humor of Marvin sitting here in the chamber and accidentally setting his beard on fire; listening to him passionately advocate on behalf of the children that he believed should come first. Occasionally, I had the opportunity to disagree with Marvin, and it's probably in disagreement with a person that you find their true mettle. You knew what he stood for and that he was never going to give an inch on the thing first in his heart, the kids of this state.
I think that having a school named for Marvin is very appropriate, much more so even than the legislative building that stands across the street, which is another monument to Marvin's efforts to change our state and provide us with a vision for the future.
Assemblyman Dini:
Thank you, Madam Speaker pro Tempore. I must rise in support of this resolution. Marvin and I became great friends. In 1987, I made Marvin chairman of the Committee on Ways and Means, and we developed a great friendship. As I recollect, a bunch of people came up to me afterwards and said, "How could you appoint him to be chairman of Ways and Means? You're extreme opposites." Marvin was progressive and stood for a lot of things that weren't popular in a rural county, such as mining, but he was interested in taking care of the state's problems. It didn't make any difference if it was Elko, Yerington, or Las Vegas.
When it came to efforts to help the kids of our state, Marvin was behind them one hundred percent, I think it would be very fitting that the Clark County School District name a school after him.
Assemblyman Bache:
Thank you, Madam Speaker pro Tempore. I, too, rise in support of this resolution. I got to know Marvin around 1982 through his various campaigns. I worked for Marvin on a number of his campaigns and found Marvin to be truly one of the most compassionate, dedicated human beings that I've had the pleasure to know. Because of Marvin's untimely passing, I did not have the pleasure of serving with him in this body. It would have been a truly wonderful experience.
I look forward to seeing a Clark County school named after Marvin, and hopefully I, as a teacher, will be able to work there at some point in time.
Assemblyman Price:
Thank you, Madam Speaker pro Tempore. I, too, had the pleasure of serving with Marvin. In addition to his passionate care for the children and people of this state, he was an excellent chairman and an excellent legislator.
Marvin and I used to park next to each other. I had my antique Ford and he had his old Rolls Royce. One day the press had been taking pictures of our automobiles, and they thought they would get on Marvin about driving an old Rolls Royce. Marvin said to them, "Well, I had it when I came here, not after I got here, so you better talk to some other people."
Up until Marvin came here, mining had not been very active in the legislature other than business regarding regular mining operations and net proceeds of mines. Marvin thought that they should participate a little more in state activities, so he introduced a bill which could have been--if my memory serves me correct--a constitutional amendment to revise the Net Proceeds of Mines Bill. Up to that year, I knew of only one gentleman, who is not with us any longer, who represented mining at the legislature. I was unaware of any mining involvement in the communities. By the time we got through that session, the mining operations had started giving monies to schools and participating in public events. Of course, we know now that the mining industry is very active with the legislature. I think one of the very good things that Marvin did was to send a wake-up call to a major industry in our state. The mining companies have become excellent community partners, and I think that is one thing that some of us will remember Marvin for, and I certainly strongly support ACR 50.
Assemblyman Arberry:
Thank you, Madam Speaker pro Tempore. I rise in support of ACR 50.
I'm honored to be the chair of the Committee on Ways and Means. I used to sit right next to Marvin when he was serving. Marvin would call us into his office and give us our marching orders--myself, Mrs. Evans, and some of our former colleagues, Councilman Callister and Judge Porter.
I would like to share a story with this body. One day Marvin gave me some marching orders. Since my name is Arberry, whenever we voteed in Ways and Means, I was the lead vote. Well, Marvin wanted all of us to vote against Mr. Marvel's South Fork Dam. He wanted to take the South Fork Dam and use the money toward education. I said, "No, I'm going to hang with Mr. Marvel this time." Well, low and behold, I didn't realize that when I voted "no," everyone else thought mine was the lead vote, so everyone else voted "no" too. There was an instant caucus in Dr. Sedway's office. Mr. Marvel got his South Fork Dam and we lost some other items.
Whenever I was in need or I was down, I knew I could go to the Sedway household. Mrs. Sedway was always there, along with Marvin, and I can tell you that he was a great guy. Marvin will be missed, and this resolution is something that really, truly needs to be fulfilled because he did care about kids and education.
Madam Speaker pro Tempore requested the privilege of the Chair for the purpose of making the following remarks:
I, too, rise in support of the resolution. When I first ran for office in 1986, I talked to Marvin and I said, "Marvin, if you chair Ways and Means, I would like to be on that committee," knowing that it is not easy to get on Ways and Means. He responded, "If you make it through the election, I guarantee you that you will be on the committee." Jim Spinello and I were the two freshman that year.
I, too, recall, what my chairman just said about the South Fork incident, and I was one of those "taken to the wood shed." I had to take my lumps for voting incorrectly. Marvin always let you know where he stood. I will always remember him as my mentor and my rabbi.
Assemblyman Carpenter:
Thank you, Madam Speaker pro Tempore. When I came here, I was a real novice to this process. I had a little experience in county government, but I didn't know much about the legislative process. Marvin was a great teacher to me, and I learned a lot of things from him.
I think that Marvin wanted to shut down our houses of prostitution out in the rural counties. It looked like this was going to pass, so I had to get up and each member of the legislature had to have a position running each one of these houses of prostitution. It was kind of funny. I remember that we were talking about the chairman of Ways and Means, and when you're running a house of prostitution, there are a lot of "ways" and not too much "means," and I think that Mr. Arberry, was the keeper of the gate. Everybody had a role in the running of this particular house of prostitution. I'll never forget that, and if it hadn't been for Marvin, I would not have had the opportunity to do that. He really brought a new perspective to a cowboy from Elko of the problems that do exist in other parts of this state. One thing I remember, he was a straight-up guy, and you could talk to him, and that is what I appreciated. Thank you, Madam Speaker pro Tempore.
Assemblywoman Freeman:
Thank you, Madam Speaker pro Tempore. I also rise in support of ACR 50. Certainly the naming of a school is an appropriate tribute to Marvin. I was interested in Mr. Price's comments about Marvin's involvement with mining. In 1989, we had the reclamation bill that we have talked about previously in this body, and I was rather surprised to learn that Mr. Sedway, who was from Las Vegas, was a big supporter of the concept. He helped me a great deal through the process. It was wonderful to make his acquaintance, and I just think this is something that should be done.
Assemblyman Marvel:
Thank you, Madam Speaker pro Tempore. I think if any legislator goes down in history as being the "education legislator," it certainly should be Marvin Sedway. This resolution is most appropriate, and it is so nice to have Kim with us again. We miss her being around here and we certainly wish you well, Kim. You're missed.
Assemblywoman Giunchigliani:
Thank you, Madam Speaker pro Tempore. On behalf of the Assembly, I would like to present a copy of the parchment to Kim. We will also transmit something to the school district. In addition, I have petitions that were signed by everyone in this house that we will submit also to the Clark County School Board. Kim, this is just a small token to you.
Madam Speaker pro Tempore, if I may, after hearing my colleague from Assembly District 17, I would like to share two short, very quick stories. Marvin's timing was sometimes unbelievable. I believe the Assembly was debating the original DUI bill, and it happened to be a Jewish holiday, so Marvin had bottles of Mogan David wine on every desk in this house. The press came in and said, "Wait a minute, what's going on? What's the double message?" It really just happened to be serendipitous.
I have another story of Marvin and his Rolls Royce. Marvin had finished his first term, and my husband was running Marvin's campaign. Marvin had driven up in this beautiful, blue Rolls Royce to do an interview with senior citizens at a mobile home park. He came down to do his interview with the teachers later on, and he said, "I just couldn't believe it. They were very upset and indignant that I had dared to drive up in a Rolls Royce to get their endorsement. I had to tell them, Hey, what the hell. At least you know that I'm going up there with the thing, and not coming back with it after having served." That story embodies the flavor, honesty and humor that Marvin brought to these halls. I thank all of you for your comments today, and I know that Kim does as well.
Thank you very much, Madam Speaker pro Tempore.
Resolution adopted.
Assemblyman Perkins moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:45 a.m.
At 11:46 a.m.
Mr. Speaker presiding.
Quorum present.
By Assemblymen Evans, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams:
Assembly Concurrent Resolution No. 51--Memorializing Washoe County Sheriff's Deputy Franklin Jay Minnie Sr.
Whereas, The members of the Nevada Legislature were deeply grieved to learn of the untimely death of Washoe County Sheriff's Deputy Franklin Jay Minnie Sr.; and
Whereas, Franklin Jay Minnie was born on July 6, 1952, to Frank James and Margaret Brimhall Minnie in Los Angeles, California; and
Whereas, Franklin (Frank) Minnie had been a resident of Reno since 1987, coming from Carson City; and
Whereas, Frank Minnie dedicated his life to law enforcement serving from 1981 to 1985 as a lieutenant for the Nye County Sheriff's Office and from 1986 to 1987 as a corrections officer for the Nevada Department of Prisons; and
Whereas, Frank Minnie joined the Washoe County Sheriff's Office on July 29, 1987, and had been a member of the patrol division for the past 7 years; and
Whereas, In March 1995, Frank Minnie was one of four deputies originally selected to serve on the motorcycle unit of the Washoe County Sheriff's Office and in preparation for this demanding position he had completed Basic Motorcycle Enforcement Training, a 200-hour Motorcycle Field Training Program and had been scheduled to receive additional motorcycle training with the California Highway Patrol in Sacramento; and
Whereas, Frank Minnie was a first-class law enforcement officer who constantly gave his all as he carried out his duties with professionalism, compassion and dedication, earning the respect and admiration of his fellow officers and friends; and
Whereas, Frank Minnie was the devoted husband of Jeanne Minnie and a loving father of four children including daughters, Kristal Barnett, age 24, Christa Burdick, age 22, Lacie DeYoe, age 15 and son Franklin Minnie Jr., age 12; now, therefore be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature hereby extend their heartfelt condolences to the family, friends and fellow officers of Deputy Sheriff Franklin Jay Minnie Sr.; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Frank Minnie's loving wife Jeanne and his four children Kristal Barnett, Christa Burdick, Lacie DeYoe and Franklin Minnie Jr.
Assemblywoman Evans moved the adoption of the resolution.
Remarks by Assemblymen Evans, Anderson, Perkins and Humke.
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblywoman Evans:
Thank you, Mr. Speaker. Today we remember one of Nevada's finest, Franklin J. Minnie, Sr., who was a deputy with the Washoe County Sheriff's Department. Frank Minnie served Nevada and her citizens for 16 years in a profession that is often misunderstood and lost his life serving each of us. He was responding to a call from a resident regarding a suspected trespasser. He was doing the job he loved.
Frank Minnie was awarded many commendations throughout his distinguished career. One of the most recent came as a result of his efforts to save the life of a young child. As we lose our friends, our wonderful public servants, we also share in the grief felt by their families and their loved ones, and to Mr. Minnie's family, we offer our prayers and our best wishes.
Assemblyman Anderson:
I rise in support of ACR 51. I am ever mindful of this body's responsibility to send law enforcement personnel into harm's way, which we do on a regular basis in the committee that I chair, often without recognizing their tireless devotion to duty. Officer Minnie demonstrated the kind of sacrifice that we expect of our law enforcement personnel and the kind of sacrifice that they are willing to give so that this society might live free. I extend my personal condolences to the Minnie family.
Assemblyman Perkins:
Thank you, Mr. Speaker. I did not know Franklin Jay Minnie, but I feel a distinct kinship with him. Mr. Speaker, we in Nevada are comparatively lucky as it relates to losing law enforcement officers to societal ills. During my relatively short law enforcement career, I have lost colleagues, and I know, without a doubt, we will unfortunately lose many more. This should be disturbing to all of us.
To borrow a thought from another, Deputy Minnie and others are the ones who stand on that wall and provide the blanket of security that protects all of us. Can you imagine what our communities would be like without men and women like Deputy Minnie to stand on that wall?
You know, Mr. Speaker, we must never forget the men and women we have lost, and particularly Franklin Jay Minnie. Let me describe to you the feelings of family, friends, and even the officers and deputies themselves while this security is being provided. Knowing that their chosen career potentially puts them in contact every day with violent persons who could seriously harm or kill them, these men and women in law enforcement put themselves in harm's way for us. Worry, anxiety and prayer are a daily vigil. I know in my heart that Deputy Minnie's family, my family, and the families of the rest of the law enforcement community worry constantly about whether their loved ones will come home safely after a day of making our communities safer and more secure.
Can you imagine living every day not knowing whether your loved one will come home or if you will get that dreaded visit? If you can put yourself in their shoes and experience the emotions I've just described, then it becomes painfully obvious how important it is to honorably remember Deputy Franklin Jay Minnie.
Let us thank his family for their ultimate sacrifice, a sacrifice no family should have to endure. It is only the support of families like the Minnies that allow the law enforcement community to provide the order and security I have talked about previously.
On behalf of the Assembly and the law enforcement community in our state, I wish to extend our thanks and our sympathies to the family and friends of Franklin Jay Minnie. Thank you, Mr. Speaker.
Assemblyman Humke:
Thank you, Mr. Speaker. I rise to support ACR 51. I am sorry to say that I didn't know Deputy Minnie, but from the information that I have gained about this man's life, it certainly appears that he was somewhat ordinary. He was a "squared-away cop." I can think of no greater compliment, except to say that he was also a great family man. That makes him ordinary among police. I chose not to believe what I read in the newspapers and magazines and see on TV about officers that go bad, regardless of what agency, federal, state, or local. That is the extreme exception.
Deputy Minnie was so ordinary because he was so good and worked so hard to protect all of us. If I could distill the thoughts of the previous speaker, I think he would have said that every officer bleeds when a fellow officer goes down. I think every citizen does, as well, because we know that that security is being threatened. My condolences to his family.
Resolution adopted.
Assemblyman Perkins moved that Assembly Bills Nos. 83, 248, 270, 342, 578, 589, 608; Senate Bill No. 248 be placed on the General File.
Motion carried.
Assemblyman Bache moved that Assembly Bill No. 581 be placed on the Second Reading File immediately following Assembly Bill No. 623.
Motion carried.
Assemblyman Bache moved that Assembly Bill No. 349 be taken from the Chief Clerk's desk and placed on the Second Reading File immediately following Assembly Bill No. 581.
Motion carried.
Assemblyman Anderson moved that Assembly Bill No. 83 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Assemblyman Anderson moved that Senate Bill No. 33 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Motion carried.
Assemblywoman Giunchigliani moved that Assembly Bill No. 545 be taken from the Chief Clerk's desk and re-referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 646--An Act relating to Nevada Revised Statutes; making technical corrections to inappropriate or inaccurate provisions; clarifying ambiguous provisions; deleting obsolete provisions; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assemblywoman de Braga moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 12:18 p.m.
At 12:25 p.m.
Mr. Speaker presiding.
Quorum present.
By the Committee on Taxation:
Assembly Bill No. 648--An Act relating to local governmental finances; revising the procedure for the apportionment of tax revenue received by a county treasurer; authorizing a county treasurer to deduct certain expenses related to collecting, investing and apportioning tax revenue under certain circumstances; 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. 222.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 804.
Amend section 1, page 1, by deleting lines 2 and 3 and inserting:
"the Department of Taxation the sum of $1,407,286 for:
1. The development and implementation of computer networks;
2. The payment of computer-related litigation expenses; and
3. The purchase of a modular".
Assemblyman Close moved the adoption of the amendment.
Remarks by Assemblyman Close.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 260.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 797.
Amend section 1, page 1, line 1, by deleting "There" and inserting "1. There".
Amend section 1, page 1, line 2, by deleting "$14,760,634" and inserting "$14,102,711".
Amend section 1, page 1, by deleting lines 3 and 4 and inserting:
"for the cost of completing Phase II of the Implementation Plan for the Business Process Re-Engineering Project through implementation of the integrated registration and drivers' license data base at a full-service facility, as described in the Project Genesis Business Process Re-Engineering Report, dated May 15, 1996.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state highway fund as soon as all payments of money committed have been made.".
Amend sec. 2, page 1, by deleting lines 5 and 6 and inserting:
"Sec. 2. 1. There is hereby appropriated from the state highway fund to the Department of Motor Vehicles and Public Safety the sum of $239,946 for the cost of completing Phase I of the Implementation Plan for the Business Process Re-Engineering Project, as described in the Project Genesis Business Process Re-Engineering Report, dated May 15, 1996.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1998, and".
Amend the title of the bill to read as follows:
Assembly Bill No. 276.
Bill read second time.
Assemblyman Bache moved that Assembly Bill No. 276 be re-referred to the Committee on Ways and Means.
Motion carried.
Assembly Bill No. 303.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 755.
Amend the bill as a whole by deleting sections 1 and 2, renumbering sec. 3 as sec. 7 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:
"Section 1. NRS 118.101 is hereby amended to read as follows:
118.101 1. A person may not refuse to:
(a) Authorize a person with a disability to make reasonable modifications to a dwelling which he occupies or will occupy if:
(1) The person with the disability pays for the modifications; and
(2) The modifications are necessary to ensure that the person with the disability may use and enjoy the dwelling; or
(b) Make reasonable accommodations in rules, policies, practices or services if those accommodations are necessary to ensure that the person with the disability may use and enjoy the dwelling.
2. A landlord may, as a condition for the authorization of such a modification, reasonably require the person who requests the authorization, upon the termination of his occupancy, to restore the dwelling to the condition that existed before the modification, reasonable wear and tear excepted.
3. Except as otherwise provided in subsection 4, a landlord may not increase the amount of the deposit for security or the deposit for cleaning which he customarily requires a person to deposit because that person has requested authorization to modify a dwelling pursuant to subsection 1.
4. If a person requests authorization to modify a dwelling pursuant to subsection 1, the landlord may require that person to deposit a reasonable amount [of] for security or for cleaning in addition to the amount he usually requires if the additional amount:
(a) Is necessary to ensure the restoration of the dwelling pursuant to subsection 2;
(b) Does not exceed the actual cost of the restoration; and
(c) Is deposited by the landlord in an interest-bearing account. Any interest earned on the additional amount must be paid to the person who requested the authorization.
5. As used in this section, "security" has the meaning ascribed to it in NRS 118A.240.
Sec. 2. Chapter 118A of NRS is hereby amended by adding thereto a new section to read as follows:
1. A landlord may not terminate a tenancy unless the termination of the tenancy is supported by one or more of the following causes:
(a) The tenant violates an obligation to the landlord created by the rental agreement, this chapter or any other provision of law or creates a nuisance, including, but not limited to, a nuisance defined in NRS 40.140 or 202.450; or
(b) Any other reason, business or personal, unless the reason violates a statute, ordinance or regulation prohibiting discrimination or retaliation. This paragraph includes, but is not limited to, a decision by the landlord to:
(1) Perform substantial renovation or repair that requires the premises to be vacant;
(2) Occupy the premises personally or allow another member of his immediate family to occupy the premises; or
(3) Remove the premises from the rental market.
2. Before terminating a tenancy pursuant to subsection 1, the landlord must notify the tenant in writing of each cause listed in subsection 1 that supports the termination.
3. A tenant may:
(a) Bring an action to enjoin the termination of a tenancy on the basis that the termination of the tenancy is not supported by a cause listed in subsection 1; or
(b) Assert as a defense to a summary eviction or any other proceeding by the landlord for possession of the premises that the termination of the tenancy is not supported by a cause listed in subsection 1.
Sec. 3. NRS 118A.240 is hereby amended to read as follows:
118A.240 1. Any payment, deposit, fee or charge that is to be used for any of the following purposes is "security" and is governed by the provisions of this section and NRS 118A.242 and 118A.244:
(a) Remedying any default of the tenant in the payments of rent.
(b) Repairing damages to the premises other than normal wear caused by the tenant.
[(c) Cleaning the dwelling unit.]
2. "Security" does not include any payment, deposit or fee to secure an option to purchase the premises.
Sec. 4. NRS 118A.242 is hereby amended to read as follows:
118A.2421. The landlord may [not demand or receive security, including] require from the tenant separate deposits for:
(a) Cleaning; and
(b) Security, including, but not limited to, the last month's rent . [, whose] The total amount or value [exceeds] of the deposit for security must not exceed 3 months' periodic rent.
2. [Upon termination of the tenancy by either party for any reason,] Except as otherwise provided in this chapter, the landlord is not required to refund a deposit for cleaning.
3. If the duration of the tenancy is for 1 year or more, the tenant may request a refund of the deposit for security at any time after 1 year, regardless of whether the tenancy is terminated by either party. The landlord shall refund the deposit for security, minus any deductions allowed pursuant to subsection 5, not later than 30 days after the tenant requests the refund and permits an inspection of the premises.
4. If the duration of the tenancy is for less than 1 year, the landlord shall refund the deposit for security, minus any deductions allowed pursuant to subsection 5, not later than 30 days after the tenancy is terminated.
5. Before refunding the deposit for security pursuant to subsection 3 or 4, the landlord may [claim of the] deduct from the deposit for security only such amounts as are reasonably necessary to [remedy] :
(a) Remedy any default of the tenant in the payment of rent [, to repair] ; and
(b) Repair any damages to the premises caused by the tenant other than normal wear . [and to pay the reasonable costs of cleaning the premises.]
6. The landlord shall provide the tenant with an itemized written accounting of the disposition of the deposit for security and return any remaining portion of the deposit for security to the tenant [no later than 30 days after the termination of the tenancy] pursuant to subsection 3 or 4 by handing it to him personally at the place where the rent is paid, or by mailing it to him at his present address, or if that address is unknown, at the tenant's last known address.
[3.] 7. If the landlord fails or refuses to return the remainder of [a] the deposit for security [deposit] within 30 days [after the end of a tenancy, he] pursuant to subsection 3 or 4, the landlord is liable to the tenant for damages:
(a) In an amount equal to the entire deposit; and
(b) For a sum to be fixed by the court of not more than the amount of the entire deposit.
[4.] 8. In determining the sum, if any, to be awarded [under] to the tenant pursuant to paragraph (b) of subsection [3,] 7, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlord's conduct.
[5. Except for an agreement which provides for a nonrefundable charge for cleaning, in a reasonable amount, no]
9. A rental agreement [may] must not contain any provision characterizing any deposit for security [under this section] as nonrefundable or any provision waiving or modifying [a tenant's rights under] the rights provided to a tenant by this section. Any such provision is void as contrary to public policy.
[6.] 10. The claim of a tenant to a deposit for security to which he is entitled [under] pursuant to this chapter takes precedence over the claim of any creditor of the landlord.
Sec. 5. NRS 118A.244 is hereby amended to read as follows:
118A.244 1. Upon termination of the landlord's interest in the dwelling unit, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or his agent shall, within a reasonable time, do one of the following, which relieves him of further liability with respect to the security:
(a) Notify the tenant in writing of the name, address and telephone number of his successor in interest, and that he has transferred to his successor in interest the deposit for cleaning and the portion of the security remaining after making any deductions allowed under NRS 118A.242.
(b) Return to the tenant the deposit for cleaning and the portion of the security remaining after making any deductions allowed under NRS 118A.242.
The successor has the rights, obligations and liabilities of the former landlord as to the deposit for cleaning and any securities which are owed under this section or NRS 118A.242 at the time of transfer.
2. The landlord shall, before he records a deed transferring any dwelling unit:
(a) Transfer to his successor, in writing, the portion of any tenant's security deposit or other money held by him , including, but not limited to, the deposit for cleaning, which remains after making any deductions allowed under NRS 118A.242; or
(b) Notify his successor in writing that he has returned all such deposits or portions thereof to the tenant.
Sec. 6. NRS 118A.250 is hereby amended to read as follows:
118A.250 The landlord shall deliver to the tenant upon his request a signed written receipt for security and any other payments, deposits or fees, including , but not limited to, deposits for cleaning and rent, paid by the tenant and received by the landlord. The tenant may refuse to make rent payments until the landlord tenders the requested receipt.".
Amend the bill as a whole by deleting sec. 4 and adding new sections designated sections 8 and 9, following sec. 3, to read as follows:
"Sec. 8. NRS 118A.350 is hereby amended to read as follows:
118A.350 1. Except as otherwise provided in this chapter, if the landlord fails to comply with the rental agreement or fails to maintain the dwelling unit in a habitable condition as required by this chapter, the tenant shall deliver a written notice to the landlord specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate as provided in this section. If the breach is remediable and the landlord adequately remedies the breach or uses his best efforts to remedy the breach within 14 days after receipt of the notice, the rental agreement does not terminate by reason of the breach. If the landlord fails to remedy the breach or make a reasonable effort to do so within the prescribed time, the tenant may:
(a) Terminate the rental agreement immediately.
(b) Recover actual damages.
(c) Apply to the court for such relief as the court deems proper under the circumstances.
2. The tenant may not terminate for a condition caused by his own deliberate or negligent act or omission or that of a member of his household or other person on the premises with his consent.
3. If the rental agreement is terminated, the landlord shall return all deposits for cleaning, prepaid rent and security recoverable by the tenant under this chapter.
4. A tenant may not proceed under this section unless he has given notice as required by subsection 1, except that the tenant may, without giving that notice, recover damages under paragraph (b) of subsection 1 if the landlord:
(a) Admits to the court that he had knowledge of the condition constituting the breach; or
(b) Has received written notice of that condition from a governmental agency authorized to inspect for violations of building, housing or health codes.
Sec. 9. NRS 118A.370 is hereby amended to read as follows:
118A.370 If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in this chapter, rent abates until possession is delivered as required, and the tenant may:
1. Terminate the rental agreement upon at least 5 days' written notice to the landlord and upon termination the landlord shall return all prepaid rent, security recoverable under this chapter, and any payment, deposit, fee or charge to secure the execution of the rental agreement [;] , including, but not limited to, deposits for cleaning; or
2. Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the actual damages sustained. If the landlord has exercised due diligence to evict the holdover tenant or remedy the condition keeping the new tenant from taking possession, the landlord is not liable for damages; or
3. Pursue any other remedies to which the tenant is entitled, including the right to recover any actual damages suffered.".
Amend the bill as a whole by renumbering sec. 5 as sec. 10.
Amend sec. 5, page 4, line 32, by deleting "rent " and inserting:
"any rent that becomes due".
Amend sec. 5, page 4, line 34, by deleting "agreement; or" and inserting:
"agreement, until the landlord has attempted in good faith to restore the essential services; or".
Amend the bill as a whole by adding new sections designated sections 11 and 12, following sec. 5, to read as follows:
"Sec. 11. NRS 118A.390 is hereby amended to read as follows:
118A.390 1. If the landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block his entry upon the premises or willfully interrupts or causes or permits the interruption of any essential service required by the rental agreement or this chapter, the tenant may recover possession, proceed under NRS 118A.380 or terminate the rental agreement and, in addition to any other remedy, recover his actual damages, receive an amount not greater than $1,000 to be fixed by the court, or both.
2. In determining the amount, if any, to be awarded under subsection 1, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlord's conduct.
3. If the rental agreement is terminated, the landlord shall return all deposits for cleaning, prepaid rent and security recoverable under this chapter.
Sec. 12. NRS 118A.400 is hereby amended to read as follows:
118A.400 1. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the landlord may terminate the rental agreement and the tenant may, in addition to any other remedy:
(a) Immediately vacate the premises and notify the landlord within 7 days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating.
(b) If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit or lack of use of the dwelling unit.
2. If the rental agreement is terminated, the landlord shall return all deposits for cleaning, prepaid rent and security recoverable under this chapter. Accounting for rent in the event of termination or such continued occupancy [shall] must be made as of the date the premises were vacated.
3. This section does not apply if it is determined that the fire or casualty were caused by deliberate or negligent acts of the tenant, a member of his household or other person on the premises with his consent.".
Amend the bill as a whole by deleting sections 6 and 8 and renumbering sec. 7 as sec. 13.
Amend sec. 7, page 6, line 12, by deleting "with cause;" and inserting:
"[with cause;] for a cause listed in subsection 1 of section 2 of this act;".
Amend the bill as a whole by adding a new section designated sec. 14 and the text of the repealed section, following sec. 7, to read as follows:
"Sec. 14. NRS 118A.060 is hereby repealed.
TEXT OF REPEALED SECTION
118A.060"Cause" defined.A tenancy is terminated with "cause" for:
1. Nonpayment of rent.
2. Nonpayment of utility charges if the landlord customarily pays such charges and submits a separate bill to the tenant.
3. Failure of the tenant to comply with:
(a) Basic obligations imposed on the tenant by this chapter;
(b) Valid rules or regulations established pursuant to this chapter; or
(c) Valid provisions of the rental agreement.
4. Condemnation of the dwelling unit.".
Amend the title of the bill to read as follows:
Assembly Bill No. 399.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 777.
Amend the bill as a whole by deleting sections 1 through 16 and adding new sections designated sections 1 through 20, following the enacting clause, to read as follows:
"Section 1. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. As used in sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. "Advisory committee" means the advisory committee on the quality of life to the regional planning council that is created pursuant to section 6 of this act.
Sec. 4. "Regional planning council" means the regional planning council for each county whose population is 400,000 or more that is created pursuant to section 7 of this act.
Sec. 5. "Technical committee" means the technical committee to the regional planning council that is created pursuant to section 8 of this act.
Sec. 6. 1. An advisory committee on the quality of life to the regional planning council is hereby created.
2. The advisory committee must consist of not less than five members who are appointed by the regional planning council. The regional planning council shall ensure that the members of the advisory committee are diverse in regard to gender, race, ethnicity and viewpoint. The term of each member of the advisory committee is 1 year.
3. The advisory committee shall:
(a) Advise the regional planning council regarding the quality of life within its jurisdiction.
(b) Specify relevant indicators of quality of life, which must include, without limitation, measures of natural resources and conservation, land use and development, public facilities and services and community resources.
Sec. 7. 1. There is hereby created in each county whose population is 400,000 or more a regional planning council consisting of nine members to be appointed as follows:
(a) Three members of the board of county commissioners of that county, appointed by the board, at least two of whom represent unincorporated areas of the county.
(b) Two members of the governing body of the largest incorporated city in the county, appointed by the governing body; and
(c) One member of the governing body of each of the next four largest incorporated cities in the county, appointed by the respective governing bodies.
2. Except for the terms of the initial members of the regional planning council, the term of each member is 2 years and until the selection and qualification of his successor. A member may be reappointed. A vacancy must be filled for the unexpired term in the same manner as the initial appointment.
3. A member of the regional planning council who ceases to be a member of the governing body that appointed him ceases to be a member of the regional planning council.
4. The regional planning council shall elect a chairman from among its members. The term of the chairman is 2 years.
Sec. 8. 1. The technical committee to the regional planning council is hereby created, consisting of:
(a) The planning director of the county and each incorporated city within the county or his designee;
(b) The chief planning officer of the school district within the county or his designee;
(c) The chief planning officer of the regional transportation commission within the county or his designee;
(d) The chief planning officer of a flood control district within the county or his designee; and
(e) Any other persons deemed appropriate by the regional planning council.
2. A member who ceases to hold the position of planning director or chief planning officer of the jurisdiction from which he is appointed ceases to be a member of the technical committee.
3. The technical committee shall elect a chairman from among its members. The term of the chairman is 1 year.
4. The technical committee shall:
(a) Review all plans and applications submitted to the regional planning council.
(b) Provide administrative support to the regional planning council.
Sec. 9. 1. The regional planning council shall, in consultation with the technical committee, develop a comprehensive regional plan for the physical development and orderly management of the growth of the region for a period of not less than 20 years.
2. In developing the regional plan pursuant to subsection 1, the regional planning council:
(a) May consult with other entities that are interested or involved in regional planning within the county.
(b) Shall establish criteria to determine:
(1) Projects of regional significance that may be constructed within the region.
(2) The areas within the region that may be designated as spheres of influence.
(c) Shall ensure that the regional plan includes goals, policies, maps and other documents relating to:
(1) Conservation and natural resources.
(2) Population, including, without limitation, a projection of population growth in the region.
(3) Land use and development.
(4) Transportation.
(5) Public facilities and services.
3. The regional planning council shall not adopt or amend the regional plan unless the adoption or amendment is by resolution of the regional planning council carried by the affirmative votes of not less than two-thirds of its total membership.
4. As used in this section:
(a) "Project of regional significance," with respect to a project proposed by any person other than a public utility, means a project which:
(1) Has been identified in the guidelines of the regional planning commission as a project which will result in the loss or significant degradation of a designated historic, archeological, cultural or scenic resource;
(2) Has been identified in the guidelines of the regional planning commission as a project which will result in the creation of significant new geothermal or mining operations;
(3) Has been identified in the guidelines of the regional planning commission as a project which will have a significant effect on the natural resources, public services, public facilities or the adopted regional form of the region; or
(4) Will require a change in zoning, a special use permit, an amendment to a master plan, a tentative map or other approval for the use of land which, if approved, will have an effect on the region of increasing:
(I) Employment by not less than 938 employees;
(II) Housing by not less than 625 units;
(III) Hotel accommodations by not less than 625 rooms;
(IV) Sewage by not less than 187,500 gallons per day;
(V) Water usage by not less than 625 acre-feet per year; or
(VI) Traffic by not less than an average of 6,250 trips daily.
The term does not include any project for which a request for an amendment to a master plan, a change in zoning, a tentative map or a special use permit has been approved by the local planning commission before July 1, 1997.
(b) "Project of regional significance," with respect to a project proposed by a public utility, includes:
(1) An electric substation;
(2) A transmission line that carries 60 kilovolts or more;
(3) A facility that generates electricity greater than 5 megawatts;
(4) Natural gas storage and peak shaving facilities; and
(5) Gas regulator stations and mains that operate over 100 pounds per square inch.
(c) "Sphere of influence" means an area into which a city plans to expand as designated in the regional plan within the time designated in the regional plan.
Sec. 10. The local governments represented on the regional planning council shall provide the necessary facilities, equipment, staff, supplies and other usual operating expenses necessary to enable the regional planning council and technical committee to function. The local governments shall enter into an agreement whereby those costs are shared by the local governments in proportion to the number of members that each appoints to the regional planning council. The agreement must also contain a provision specifying the responsibility of each local government to pay for legal services, if any, required by the regional planning council.
Sec. 11. The following entities shall, if otherwise required to submit plans to the public service commission of Nevada for approval, submit those plans to the technical committee for review and recommendations:
1. Regional agencies that are located in whole or in part within the county.
2. Governmental agencies that are located in whole or in part within the region, including, without limitation, the county school district and the department of prisons.
Sec. 12. A governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall not adopt a master plan, facility plan or other similar plan, or any amendment thereto, after July 1, 1997, unless the regional planning council has been afforded an opportunity to make recommendations regarding the plan or amendment.
Sec. 13. The regional planning council shall, on or before July 1 of each year, prepare and adopt a budget for the immediately succeeding fiscal year and shall submit that budget to each of the local governments within the region as a recommendation for funding.
Sec. 14. The regional planning council may contract with planners, engineers, architects and other consultants to carry out the provisions of sections 2 to 14, inclusive, of this act.
Sec. 15. Section 10 of this act is hereby amended to read as follows:
Assembly Bill No. 605.
Bill read second time and ordered to third reading.
Assembly Bill No. 623.
Bill read second time and ordered to third reading.
Assembly Bill No. 581.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 790.
Amend section 1, page 1, by deleting line 2 and inserting:
"a new section to read as follows:
1. Except as otherwise provided in subsection 4, no person may merge with, acquire through a subsidiary or affiliate, or otherwise directly or indirectly obtain control of a public utility doing business in this state or an entity that holds a controlling interest in such a public utility without first submitting to the commission an application for authorization of the proposed transaction and obtaining authorization from the commission pursuant to subsection 2. Any merger, acquisition or change in control in violation of this section is not valid for any purpose.
2. Before authorizing the merger, acquisition or change in control of a public utility doing business in this state, the commission shall consider the effect of the proposed transaction. If the commission finds that the proposed merger, acquisition or change in control is in the public interest, the commission shall authorize the proposed transaction.
3. If the commission does not issue a final determination regarding the proposed transaction within 180 days after the date on which an application or amended application for authorization of the proposed transaction was filed with the commission, the transaction shall be deemed approved.
4. The provisions of this section do not apply to the transfer of stock of a public utility doing business in this state or to the transfer of the stock of an entity holding a controlling interest in such a public utility, if a transfer of not more than 25 percent of the common stock of such a public utility or entity is proposed.".
Amend the bill as a whole by deleting sections 2 through 5, renumbering sections 6 and 7 as sections 3 and 4 and adding a new section designated sec. 2, following section 1, to read as follows:
"Sec. 2. NRS 704.410 is hereby amended to read as follows:
704.4101. Any public utility subject to the provisions of NRS 704.005 to 704.751, inclusive, to which a certificate of public convenience and necessity has been issued pursuant to NRS 704.005 to 704.751, inclusive, and section 1 of this act, may transfer the certificate to any person qualified under NRS 704.005 to 704.751, inclusive, and section 1 of this act, but the transfer is not valid for any purpose until a joint application to make the transfer has been made to the commission by the transferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor.
2. The commission may direct that a hearing be had in the matter of the transfer. If the commission determines that a hearing should be held, the hearing must be noticed and conducted in the same manner as other contested hearings before the commission.
3. The commission has the sole discretion to direct that a hearing be held if the application seeks to transfer the certificate from a person or partners to a corporation when the officers of the corporation will be substantially the same person or partners.
4. The commission may dispense with a hearing if, upon the expiration of the time fixed in the notice thereof, no protest to the proposed transfer has been filed by or on behalf of any interested person.
5. In determining whether the transfer of a certificate of public convenience and necessity to an applicant transferee should be authorized, the commission must take into consideration:
(a) The utility service performed by the transferor and the proposed utility service of the transferee;
(b) Other authorized utility services in the territory for which the transfer is sought; and
(c) Whether the transferee is fit, willing and able to perform the services of a public utility and whether the proposed operation will be consistent with the legislative policies set forth in NRS 704.005 to 704.751, inclusive [.] and section 1 of this act.
6. The commission may make such amendments, restrictions or modifications in a certificate upon transferring it as the public interest requires.
7. No transfer is valid beyond the life of the certificate transferred.
[8. No transfer of stock of a public utility subject to the jurisdiction of the commission is valid without prior approval of the commission if the effect of the transfer would be to change corporate control of the public utility or if a transfer of 15 percent or more of the common stock of the public utility is proposed.]".
Amend sec. 6, page 4, line 27, by deleting:
"sections 2, 3 and 4 " and inserting "section 1 ".
Amend sec. 6, page 4, line 30, by deleting:
"sections 2, 3 and 4 " and inserting "section 1 ".
Amend sec. 6, page 4, line 31, by deleting:
"sections 2, 3 and 4 " and inserting "section 1 ".
Amend sec. 6, page 4, line 34, by deleting:
"sections 2, 3 and 4 " and inserting "section 1 ".
Amend sec. 6, page 4, line 40, by deleting:
"sections 2, 3 and 4 " and inserting "section 1 ".
Amend sec. 7, page 4, line 42, by deleting:
"on July 1, 1997." and inserting:
"upon passage and approval.".
Amend the title of the bill by deleting the third through seventh lines and inserting:
"providing a penalty; and providing other matters properly relating thereto.".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Assemblyman Bache moved that Assembly Bill No. 581 be re-referred to the Committee on Government Affairs.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Government Affairs.
Assembly Bill No. 349.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 822.
Amend sec. 2, pages 1 and 2, by deleting lines 12 through 17 on page 1 and lines 1 through 7 on page 2 and inserting:
"If a vacancy occurs on the governing body of a city, the governing body may, in lieu of appointment, declare by resolution a special election to fill the vacancy.".
Amend sec. 12, page 5, by deleting line 35 and inserting:
Senate Bill No. 31.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 798.
Amend section 1, pages 1 and 2, by deleting lines 2 through 23 on page 1 and lines 1 through 13 on page 2 and inserting:
"205.240 1. Except as otherwise provided in NRS 205.220 and 475.105 and sections 8 and 9 of Senate Bill No. 118 of this [act,] session, a person commits petit larceny if the person:
(a) Intentionally steals, takes and carries away, leads away or drives away:
(1) Personal goods or property, with a value of less than $250, owned by another person;
(2) Bedding, furniture or other property, with a value of less than $250, which the person, as a lodger, is to use in or with his lodging and which is owned by another person; or
(3) Real property, with a value of less than $250, that the person has converted into personal property by severing it from real property owned by another person.
(b) Intentionally steals, takes and carries away, leads away, drives away or entices away one or more domesticated animals or domesticated birds, with an aggregate value of less than $250, owned by another person.
2. A person who commits petit larceny is guilty of a misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.
3. Except as otherwise provided in subsection 4 [,] or 5, if a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny one other time, the court, in addition to any other penalty, shall order the person to perform not less than 48 hours of community service.
4. Except as otherwise provided in subsection 5, if a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny two other times, the court, in addition to any other penalty:
(a) Shall sentence the person to a term of imprisonment of not less than 60 days nor more than 6 months; and
(b) Shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person serve a term of imprisonment of not less than 60 days.
[4.] 5. If a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny three or more other times, the court, in addition to any other penalty:
(a) Shall sentence the person to a term of imprisonment of not less than 60 days nor more than 6 months;
(b) Shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person serve a term of imprisonment of not less than 60 days; and
(c) Shall impose a fine of at least $500.
[5.] 6. The provisions of subsections 3 , [and] 4 and 5 do not affect the provisions of any other statute providing for a more severe penalty for a first or subsequent conviction of petit larceny.".
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 at 12:01 a.m. on October 1, 1997.".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 49.
Bill read second time and ordered to third reading.
Senate Bill No. 74.
Bill read second time and ordered to third reading.
Senate Bill No. 167.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 752.
Amend the bill as a whole by adding a new section designated sec. 21.5, following sec. 21, to read as follows:
"Sec. 21.5. NRS 599B.010 is hereby amended to read as follows:
599B.010As used in this chapter, unless the context otherwise requires:
1. "Chance promotion" means any plan in which premiums are distributed by random or chance selection.
2. "Commissioner" means the commissioner of consumer affairs.
3. "Consumer" means a person who is solicited by a seller or salesman.
4. "Division" means the consumer affairs division of the department of business and industry.
5. "Donation" means a promise, grant or pledge of money, credit, property, financial assistance or other thing of value given in response to a solicitation by telephone, including, but not limited to, a payment or promise to pay in consideration for a performance, event or sale of goods or services. The term does not include volunteer services, government grants or contracts or a payment by members of any organization of membership fees, dues, fines or assessments or for services rendered by the organization to those persons, if:
(a) The fees, dues, fines, assessments or services confer a bona fide right, privilege, professional standing, honor or other direct benefit upon the member; and
(b) Membership in the organization is not conferred solely in consideration for making a donation in response to a solicitation.
6. "Goods or services" means any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value.
7. "Premium" includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase.
8. "Recovery service" means a business or other practice whereby a person represents or implies that he will, for a fee, recover any amount of money that a consumer has provided to a seller or salesman pursuant to a solicitation governed by the provisions of this chapter.
9. "Salesman" means any person:
(a) Employed or authorized by a seller to sell, or to attempt to sell, goods or services by telephone;
(b) Retained by a seller to provide consulting services relating to the management or operation of the seller's business; or
(c) Who communicates on behalf of a seller with a consumer:
(1) In the course of a solicitation by telephone; or
(2) For the purpose of verifying, changing or confirming an order,
except that a person is not a salesman if his only function is to identify a consumer by name only and he immediately refers the consumer to a salesman.
10. Except as otherwise provided in subsection 11, "seller" means any person who, on his own behalf, causes or attempts to cause a solicitation by telephone to be made through the use of one or more salesmen or any automated dialing announcing device under any of the following circumstances:
(a) The person initiates contact by telephone with a consumer and represents or implies:
(1) That a consumer who buys one or more goods or services will receive additional goods or services, whether or not of the same type as purchased, without further cost, except for actual postage or common carrier charges;
(2) That a consumer will or has a chance or opportunity to receive a premium;
(3) That the items for sale are gold, silver or other precious metals, diamonds, rubies, sapphires or other precious stones, or any interest in oil, gas or mineral fields, wells or exploration sites or any other investment opportunity;
(4) That the product offered for sale is information or opinions relating to sporting events;
(5) That the product offered for sale [are] is the services of a recovery service; or
(6) That the consumer will receive a premium or goods or services if he makes a donation;
(b) The solicitation by telephone is made by the person in response to inquiries from a consumer generated by a notification or communication sent or delivered to the consumer that represents or implies:
(1) That the consumer has been in any manner specially selected to receive the notification or communication or the offer contained in the notification or communication;
(2) That the consumer will receive a premium if the recipient calls the person;
(3) That if the consumer buys one or more goods or services from the person, the consumer will also receive additional or other goods or services, whether or not the same type as purchased, without further cost or at a cost that the person represents or implies is less than the regular price of the goods or services;
(4) That the product offered for sale [are] is the services of a recovery service; or
(5) That the consumer will receive a premium or goods or services if he makes a donation; or
(c) The solicitation by telephone is made by the person in response to inquiries generated by advertisements that represent or imply that the person is offering to sell any:
(1) Gold, silver or other metals, including coins, diamonds, rubies, sapphires or other stones, coal or other minerals or any interest in oil, gas or other mineral fields, wells or exploration sites, or any other investment opportunity;
(2) Information or opinions relating to sporting events; or
(3) Services of a recovery service.
11. "Seller" does not include:
(a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales or purchases within the scope of his license.
(b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or 696A of NRS when soliciting sales within the scope of his license.
(c) A person licensed as an insurance broker, agent or solicitor when soliciting sales within the scope of his license.
(d) Any solicitation of sales made by the publisher of a newspaper or magazine or by an agent of the publisher pursuant to a written agreement between the agent and publisher.
(e) A broadcaster soliciting sales who is licensed by any state or federal authority, if the solicitation is within the scope of the broadcaster's license.
(f) A person who solicits a donation from a consumer when:
(1) The person represents or implies that the consumer will receive a premium or goods or services with an aggregated fair market value of 2 percent of the donation or $50, whichever is less; or
(2) The consumer provides a donation of $50 or less in response to the solicitation.
(g) A charitable organization which is registered or approved to conduct a lottery pursuant to chapter 462 of NRS.
(h) A public utility or motor carrier which is regulated pursuant to chapter 704 or 706 of NRS, or by an affiliate of such a utility or motor carrier, if the solicitation is within the scope of its certificate or license.
(i) A utility which is regulated pursuant to chapter 710 of NRS, or by an affiliate of such a utility.
(j) A person soliciting the sale of books, recordings, video cassettes , software for computer systems or similar items through [an] :
(1) An organization whose method of sales is governed by the [regulations of the Federal Trade Commission] provisions of Part 425 of Title 16 of the Code of Federal Regulations relating to the use of negative option plans by sellers in commerce [, including the] ;
(2) The use of continuity plans, subscription arrangements, arrangements for standing orders, supplements, and series arrangements [under] pursuant to which the person periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received [.] ; or
(3) An arrangement pursuant to which the person ships merchandise to a consumer who has consented in advance to receive the merchandise and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received.
(k) A person who solicits sales by periodically publishing and delivering a catalog to consumers if the catalog:
(1) Contains a written description or illustration of each item offered for sale and the price of each item;
(2) Includes the business address of the person;
(3) Includes at least [100] 24 pages of written material and illustrations;
(4) Is distributed in more than one state; and
(5) Has an annual circulation by mailing of not less than 250,000.
(l) A person soliciting without the intent to complete and who does not complete, the sales transaction by telephone but completes the sales transaction at a later face-to-face meeting between the solicitor and the consumer, if the person, after soliciting a sale by telephone, does not cause another person to collect the payment from or deliver any goods or services purchased to the consumer.
(m) Any commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer subject to regulation by an official or agency of this state or of the United States, if the solicitation is within the scope of the certificate or license held by the entity.
(n) A person holding a certificate of authority issued pursuant to chapter 452 of NRS when soliciting sales within the scope of the certificate.
(o) A person licensed pursuant to chapter 689 of NRS when soliciting sales within the scope of his license.
(p) A person soliciting the sale of services provided by a community antenna television company subject to regulation pursuant to chapter 711 of NRS.
(q) A person soliciting the sale of agricultural products, if the solicitation is not intended to and does not result in a sale of more than $100 [.] that is to be delivered to one address. As used in this paragraph, "agricultural products" has the meaning ascribed to it in NRS 587.290.
(r) A person who has been operating, for at least 2 years, a retail business establishment under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis:
(1) Goods are displayed and offered for sale or services are offered for sale and provided at the person's business establishment; and
(2) At least 50 percent of the person's business involves the buyer obtaining such goods or services at the person's business establishment.
(s) A person soliciting only the sale of telephone answering services to be provided by the person or his employer.
(t) A person soliciting a transaction regulated by the Commodity Futures Trading Commission, if:
(1) The person is registered with or temporarily licensed by the Commission to conduct that activity pursuant to the Commodity Exchange Act (7 U.S.C. §§ 1 et seq.); and
(2) The registration or license has not expired or been suspended or revoked.
(u) A person who contracts for the maintenance or repair of goods previously purchased from the person:
(1) Making the solicitation; or
(2) On whose behalf the solicitation is made.
(v) A person to whom a nonrestricted gaming license, which is current and valid, has been issued pursuant to chapter 463 of NRS when soliciting sales within the scope of his license.
(w) A person who solicits a previous customer of the business on whose behalf the call is made if the person making the call:
(1) Does not offer the customer any premium in connection with the sale;
(2) Is not selling an investment or an opportunity for an investment that is not registered with any state or federal authority; and
(3) Is not regularly engaged in telephone sales.
(x) A person who solicits the sale of livestock.
(y) An issuer [or wholly owned subsidiary of an issuer] which has a [security] class of securities that is listed on the New York Stock Exchange [.] , the American Stock Exchange or the National Market System of the National Association of Securities Dealers Automated Quotation System.
(z) A subsidiary of an issuer that qualifies for exemption pursuant to paragraph (y) if at least 60 percent of the voting power of the shares of the subsidiary is owned by the issuer.".
Amend the title of the bill, seventh line, after "penalties;" by inserting:
"revising the scope of persons who are required to register as sellers or salesmen in this state;".
Amend the summary of the bill to read as follows:
Senate Bill No. 257.
Bill read second time and ordered to third reading.
Senate Bill No. 345.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 800.
Amend sec. 2, page 1, lines 3 and 4, by deleting:
", furnishes or otherwise" and inserting "and ".
Amend sec. 2, page 1, line 6, by deleting:
", furnishes or otherwise" and inserting "and ".
Amend sec. 2, page 1, line 13, after "radio" by inserting "service or ".
Amend sec. 2, page 1, line 14, after "or " by inserting:
"television or radio service or ".
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. 382.
Bill read second time and ordered to third reading.
Senate Bill No. 401.
Bill read second time and ordered to third reading.
Senate Bill No. 405.
Bill read second time and ordered to third reading.
Senate Bill No. 431.
Bill read second time and ordered to third reading.
Senate Bill No. 440.
Bill read second time and ordered to third reading.
Assemblywoman Chowning moved that Assembly Bill No. 449 be taken from the Chief Clerk's desk and re-referred to the Committee on Ways and Means.
Motion carried.
Assemblyman Williams moved that Senate Bill No. 330 be taken from the Chief Clerk's desk and placed on the General File immediately following Senate Bill No. 248.
Motion carried.
Morse Arberry, Jr.,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 221, 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 re-referred Assembly Bills Nos. 123, 521, 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
Assembly Bill No. 404.
Bill read third time.
Remarks by Assemblymen Cegavske, Chowning, Goldwater, Segerblom, Collins, Price and Giunchigliani.
Assemblywoman Giunchigliani moved that Assembly Bill No. 404 be taken from the General File and placed on the Chief Clerk's desk.
Motion lost.
Remarks by Assemblymen Lee, Carpenter, Freeman and Anderson.
Assemblywoman Cegavske moved that Assembly Bill No. 404 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Assembly Bill No. 442.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 851.
Amend the bill as a whole by deleting sections 1 and 2 and renumbering sections 3 through 7 as sections 1 through 5.
Amend sec. 3, page 2, line 15, by deleting "cancellation" and inserting "cancellation,".
Amend sec. 3, page 2, by deleting line 29 and inserting:
"security number, or a number that was formulated by using the licensee's social security number as a basis for the number, to a unique number that is not based on the licensee's social security number.".
Amend sec. 5, page 3, by deleting lines 28 and 29 and inserting:
Assembly Bill No. 453.
Bill read third time.
Remarks by Assemblyman Neighbors.
Roll call on Assembly Bill No. 453:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 453 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 248.
Bill read third time.
Remarks by Assemblyman Herrera.
Roll call on Assembly Bill No. 248:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 248 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 270.
Bill read third time.
Remarks by Assemblywoman Koivisto.
Roll call on Assembly Bill No. 270:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 270 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 342.
Bill read third time.
Remarks by Assemblywoman Berman.
Roll call on Assembly Bill No. 342:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 342 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 578.
Bill read third time.
Assemblyman Perkins moved that Assembly Bill No. 578 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.
Assembly Bill No. 589.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 589:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 589 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 608.
Bill read third time.
Remarks by Assemblymen Bache and Perkins.
Potential conflict of interest declared by Assemblyman Perkins.
Roll call on Assembly Bill No. 608:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 608 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Vonne Chowning,
Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 542, 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
Senate Chamber, Carson City, June 25, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 291.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 36, 105, 302, 465.
Mary Jo Mongelli
Assistant Secretary of the Senate
Senate Bill No. 105.
Assemblyman Perkins moved that the bill be referred to the Committee on Labor and Management.
Motion carried.
Senate Bill No. 291.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 302.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 465.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Assemblyman Arberry moved that Assembly Bill No. 645 be referred to the Concurrent Committees on Natural Resources, Agriculture, and Mining and Ways and Means.
Motion carried.
Assembly Bill No. 117.
The following Senate amendment was read:
Amendment No. 708.
Amend the bill as a whole by deleting section 1 and inserting:
"Section 1. (Deleted by amendment.)".
Amend the bill as a whole by adding a new section designated sec. 8.5, following sec. 8, to read as follows:
"Sec. 8.5. NRS 293.193 is hereby amended to read as follows:
293.1931. Fees as listed in this section for filing declarations of candidacy or acceptances of candidacy must be paid to the filing officer by cash, cashier's check or certified check.
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
[2.] 4. The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.
Sec. 22.5. NRS 293B.205 is hereby amended to read as follows:
293B.205[1.] The officers charged with the duty of providing ballots for any polling place shall provide the polling place with two sample ballots, which must be arranged in the form of:
[(a)] 1. A booklet or full sheet of paper printed to display a facsimile of the page or several pages which constitute the list of offices and candidates and the statements of measures to be voted on which will be in use at that election; or
[(b)] 2. A diagram showing that part of the face of the mechanical recording device which will be used at that election containing the list of offices and candidates and the statements of measures to be voted on.
[2. All sample ballots must include:
(a) The fiscal note, as provided pursuant to NRS 218.276, for each proposed constitutional amendment or statewide measure.
(b) An explanation, as provided pursuant to NRS 218.443, of each proposed constitutional amendment or statewide measure, including arguments for and against it.
(c) The full text of each proposed constitutional amendment.]".
Amend the bill as a whole by renumbering sections 27 through 30 as sections 33 through 36 and adding new sections designated sections 27 through 32, following sec. 26, to read as follows:
"Sec. 27. NRS 539.123 is hereby amended to read as follows:
539.1231. Any person [21] 18 years of age or over, whether a resident of the district or not, who is or has declared his intention to become a citizen of the United States is an "elector" for the purposes of this chapter and is entitled to vote at any election held pursuant to this chapter if the following conditions as to ownership of land are met:
(a) The elector must be the bona fide holder of title or evidence of title, as defined in NRS 539.020 and 539.023, to land within the district or have a contractual right to acquire title to land within the district upon payment of a fixed sum to the record titleholder.
(b) The holder of an undivided interest in land is an elector and, if his interest is community property, his spouse is an elector whether or not the spouse appears of record as the owner of an interest in the acreage. If two or more persons hold undivided or community interests, one such person may vote upon presenting the written consent of his fellow holders.
(c) A surface water right must be appurtenant to the acreage.
2. An elector is entitled to vote according to the land which he owns outright, as follows:
(a) Ten acres or less, one vote;
(b) For each additional 10 acres or a part thereof, up to and including 200 acres, one additional vote; and
(c) For each additional 100 acres or a part thereof above 200 acres, one additional vote.
The district shall issue a separate ballot for each vote which an elector is entitled to cast.
3. If two or more persons hold undivided or community interests in land, each is entitled to cast a percentage of the respective votes otherwise allowed pursuant to subsection 2 that is equal to his percentage interest in that land, except that, if pursuant to this subsection those persons are entitled to a fractional interest in a vote, that vote may only be cast by one of those persons upon presenting the written consent of his fellow holders.
4. Any elector who resides outside the district, who owns land in the district, and who is qualified to vote at district elections shall be deemed a resident of that division and precinct of the district in which the major portion of his lands are located, for the purpose of determining his place of voting and qualifications for holding office.
5. Any elector who resides within the district boundaries shall be deemed a resident of the division in which he actually resides, for the purpose of determining his qualification for voting and holding office.
6. A guardian, executor, administrator or trustee shall be deemed the holder of title or evidence of title, as prescribed in NRS 539.020 and 539.023, to the land in the state for which he is the guardian, executor, administrator or trustee, and has the right to sign petitions, vote and do all things that any elector may do pursuant to this chapter. If there is more than one guardian, executor, administrator or trustee, they must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.
7. Corporations or partnerships holding land in the district shall be deemed persons entitled to exercise all the rights of natural persons, and the president of such a corporation, the general partner of such a partnership, or any other person authorized in writing by the president or vice president of the corporation or the general partner of the partnership, may sign any petition authorized by this chapter, and register and cast the vote of the corporation or partnership at any election. If a partnership has more than one general partner, the general partners must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.
8. Designations or written consents for the purposes of registration and voting as authorized pursuant to this section must be filed with the district not later than 14 days before the election.
Sec. 28. Section 1 of Assembly Bill No. 4 of this session is hereby amended to read as follows:
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Bailey Snyder and Heather Homestead.
On request of Assemblyman Herrera, the privilege of the floor of the Assembly Chamber for this day was extended to John Sande.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Shenea Stephenson.
On request of Assemblyman Hickey, the privilege of the floor of the Assembly Chamber for this day was extended to Taco Prins.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Doug Batchelor.
Assemblyman Perkins moved that the Assembly adjourn until Thursday, June 26, 1997 at 10:30 a.m.
Motion carried.
Assembly adjourned at 1:44 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly