Carson City (Saturday), June 28, 1997

Assembly called to order at 10:45 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Bruce Henderson.
Heavenly Father. Well, it's the first weekend of summer. We'd like to be doing summertime things today: picnics, barbecues, even yard work. But they will have to wait. As we finish up our time here, we pray for patience, compassion, and understanding. Give us a spirit of cooperation that crosses partisan lines. Thank You.

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 Commerce, to which were referred Senate Bills Nos. 148, 267, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Richard Perkins,

Chairman

Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 553, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Christina R. Giunchigliani,

Chairman

Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 547, 634; Senate Bills Nos. 291, 363, 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 Government Affairs, to which was referred Senate Bill No. 24, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Joint Resolution No. 21, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 133, 419, 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 was referred Senate Joint Resolution No. 16, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Marcia de Braga,

Chairman

Mr. Speaker:
Your Committee on Taxation, to which was referred Assembly Bill No. 613, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Robert E. Price,

Chairman

Mr. Speaker:
Your Committee on Taxation, to which was referred Assembly Bill No. 611, 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

Senate Chamber, Carson City, June 27, 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. 12, 216, 217, 218, 220, 294, 299, 355, 448.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bills Nos. 440, 573 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 Resolutions Nos. 52, 53, 54.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 150, 425.

Mary Jo Mongelli

Assistant Secretary of the Senate

Assemblyman Perkins moved that Assembly Bills Nos. 519, 543, 549, 574, 583, 594, 607, 615, 619, 626, 628; Senate Bills Nos. 33, 145, 242, 398 be placed on the General File.
Motion carried.

By Assemblymen Ohrenschall, Williams, Giunchigliani, Amodei, Humke, Close, Herrera, Goldwater, Arberry, Perkins, Buckley, Berman, de Braga, Neighbors, Marvel, Von Tobel, Segerblom, Chowning, Bache, Price, Mortenson, Braunlin, Sandoval, Carpenter, Anderson, Manendo, Lee, Hickey, Lambert, Freeman, Koivisto, Collins, Gustavson, Evans, Tiffany, Nolan, Hettrick, Cegavske, Parks, Dini, Krenzer and Ernaut:
Assembly Concurrent Resolution No. 55--Commending retired educator Ruth Albright Stringer.
Whereas, Ruth Albright Stringer, one of 10 siblings, was born to A.G. and Annie Albright of Hoxie, Arkansas, on October 9, 1909; and
Whereas, A lifelong love for math was instilled in this young girl by a favorite teacher who made the subject interesting through the use of innovative and relevant hands-on activities that culminated in Ruth's analyzing the numbers on freight train cars on her way to school to determine the prime factors of each number, a practice in which she still engages when looking at license plates; and
Whereas, Ruth Stringer's early years growing up in a small town where she learned the value of working closely with others to improve her community instilled in her a desire to be a part of everything around her; and
Whereas, Because of her devoted father's often-repeated reminder, "Remember, Sister, every cloud has a silver lining," Ruth developed a remarkably positive attitude that served her through the Great Depression; and
Whereas, Ruth Stringer began her first teaching position on the ninth day of the ninth month of 1929 as a third grade teacher and pursued that career for 39 years, 11 of which were in Clark County, plus an additional year as a substitute teacher; and
Whereas, During those 39 years, a professional folder 4 inches thick, filled with positive notations and anecdotes, was compiled for this extraordinary teacher; and
Whereas, In addition to her exemplary role as an instructor, Ruth volunteered long hours to numerous activities in the school system, such as sponsoring several classes, a cheerleading squad and a drill team for majorettes, coaching basketball teams and drama groups, planning and directing tours for her classes, and participating actively in the Parent-Teacher Association; and
Whereas, This dedicated teacher has been appropriately rewarded with such honors as Outstanding Teacher of the Year in Clark County in 1970, Distinguished Teacher for 1974-1975 for the Nevada State Education Association, Clark County Educator Mother of the Year in 1987 and Nevada State Retired Teachers Association Certificate in recognition of services as auditor and nominating committee chair; and
Whereas, Ruth Stringer also found time to involve herself in political activities for 32 years because she believed one should be aware of what is happening in the community, state and nation; and
Whereas, Ruth Stringer unbelievably had enough energy after all her other activities to become involved with community activities such as the Girl Scouts; 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 offer their commendation to Ruth Albright Springer for her unselfish devotion to her family, her community, the educational system and the numerous organizations of which she is a part; and be it further
Resolved, That the members of this legislative body express their admiration for a person who exemplifies the highest standards of character and is a role model for countless students and teachers; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Ruth Albright Springer.
Assemblywoman Ohrenschall moved the adoption of the resolution.
Remarks by Assemblymen Ohrenschall, Manendo, Giunchigliani, Williams, Price, Chowning, Segerblom and Bache.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblywoman Ohrenschall:
Thank you, Mr. Speaker. Ruth Albright Stringer is an example of what public education is all about, not just the quality of the teaching but her commitment to students, taking the time to look at at-risk students, and opening her own home and her own activities to them.
Ruth Stringer was one of the founders of Teachers in Politics. When I first met her, I had been elected treasurer of Public Volunteer Organization. I was a very reluctant treasurer because I didn't have a background in accounting. Well, Ruth Stringer did, and she sat with me and we went over the books and records of the organization, pretty much on a weekly basis, so that everything turned out very well. I can tell the body right now that without Ruth's help, that organization might not have fared nearly as well.
Ruth has donated her time to help seniors do their taxes. Now that she is retired, she also gives her time to tutor students who need assistance in math, without any notice or praise from anyone. This is what a normal, ordinary schoolteacher is all about, this is what Ruth Stringer is, and this is why I feel that we should honor her. I urge this body to join me in adopting ACR 55.
Assemblyman Manendo:
Thank you, Mr. Speaker. I, too, rise in support of my friend, Ruth Stringer. She is one of the finest women I've ever met. She is very involved in many organizations in southern Nevada. When we see Ruth at meetings, she is always doing what she does best--educating us, giving us the love in her heart, and her guidance.
It is truly an honor to rise in support of this resolution. Ruth, I love you. Thank you, Mr. Speaker.
Assemblywoman Giunchigliani:
Thank you, Mr. Speaker. I, too, rise in support of ACR 55. I've known Ruth for quite a few years and I've always depended on her for words of encouragement as well as words of advice. For those of you who may not have been active in politics--at least in Democratic politics--Ruth always had a smile on her face and was ready to give you a pat on your back. She always knew what was going on, probably far more than many of us did.
I think the key to Ruth's success, not only as a fellow public school teacher but as a human being, is the fact that she truly epitomizes community and public service, and in that manner, I consider her one of my heroines. Thank you, Mr. Speaker.
Assemblyman Williams:
Thank you, Mr. Speaker. I, too, rise in support of ACR 55. Having had an opportunity to look over the information on Ruth Stringer's life, it is amazing to me how involved she was, not only as an educator but also as a community activist.
It has been said that children learn more from what teachers do and say inside the four walls of the classroom, but some things they may learn from outside the classroom. Ruth is a living example of what can happen when you become involved in the community. The education field owes its thanks to Mrs. Stringer. The contributions of Ruth Stringer, and especially her involvement as a charter member in Teachers in Politics, has resulted in increased teacher involvement in our political system, and that will go a long way toward helping the children of our state. I urge my colleagues to adopt this resolution.
Assemblyman Price:
Thank you, Mr. Speaker. I'm very honored also to rise in support of ACR 55. For a number of years, I have observed Ruth working on her many endeavors, not only as a teacher but as a wonderful person involved in her community. Since I go to a lot of meetings, we sometimes end up at the same ones. We're always encouraging our citizens to get more involved and to do all that they can for their communities. Ruth epitomizes that spirit and she certainly deserves recognition for it. I'm very proud to be supporting ACR 55 this morning.
Assemblywoman Chowning:
I stand in support of Assembly Concurrent Resolution 55 honoring a wonderful, wonderful lady. This resolution says that she was an educator and she did volunteer work, et cetera, et cetera. Well, that's just not true, because she's still an educator and she still volunteers her time. It's a privilege to know this marvelous, marvelous person, and I just hope I can be half of the role model that she is.
Thank you for all of your contributions to Nevadans, Ruth.
Assemblywoman Segerblom:
Thank you, Mr. Speaker. I must rise in support of ACR 55. I wish all of us teachers had been as good as Ruth was. I didn't know her when she was a teacher, but she is politically active, and we all depend on her. Thank you, Ruth, for helping us.
Assemblyman Bache:
Thank you, Mr. Speaker. I, too, rise in support of ACR 55. In 1977, I started teaching at the Clark County School District. I believe Ruth retired just before I started--I don't know if she had heard I was coming and didn't want to be around any longer.
One of the things that I appreciate is all of the work Ruth did as an educator before I arrived that made things at the Clark County School District run much smoother. I particularly appreciate her continued involvement in community activities and especially political activities.
Assemblywoman Ohrenschall:
Sitting with me today is the recipient of ACR 55, Ruth Albright Stringer; her grandson, Kevin Manley; my son, James Ohrenschall; and my daughter, Katie; all of whom have had the benefit of Ruth's teaching and patience and who continue to have it on a daily basis, as do many other people in the state. Please join me in making Ruth feel welcome as I present her with the resolution.
Resolution adopted.

Assemblywoman Ohrenschall moved that the Assembly recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 11:05 a.m.

At 11:08 a.m.
Mr. Speaker presiding.
Quorum present.

Christina R. Giunchigliani,

Chairman

Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 633, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne Chowning,

Chairman

Mr. Speaker:
Your Committee on Transportation, to which was referred Senate Bill No. 355, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Vonne Chowning,

Chairman

Senate Bill No. 425.
Assemblyman Perkins moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.

Sec. 2. NRS 283.040 is hereby amended to read as follows:

283.040 1. Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:

(a) The death or resignation of the incumbent.

(b) The removal of the incumbent from office.

(c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.

(d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040 or 293.1755.

(e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010 , or, when a bond is required by law, his refusal or neglect to give such a bond within the time prescribed by law.

(f) [The] Except as otherwise provided in NRS 266.400, the ceasing of the incumbent to be a resident of the state, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office [.] or appointed to office.

(g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness or absence from the state or county, as provided by law. In a county whose population is less than 10,000, after an incumbent, other than a state officer, has been prevented by sickness from discharging the duties of his office for at least 6 months, the district attorney, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. If the incumbent holds the office of district attorney, the attorney general, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. The district court shall hold a hearing to determine whether to declare the office vacant and, in making its determination, shall consider evidence relating to:

(1) The medical condition of the incumbent;

(2) The extent to which illness, disease or physical weakness has rendered the incumbent unable to manage independently and perform the duties of his office; and

(3) The extent to which the absence of the incumbent has had a detrimental effect on the applicable governmental entity.

(h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.

2. Upon the happening of any of the events enumerated in subsection 1, should the incumbent fail or refuse to relinquish his office, the attorney general shall, if the office affected is a state office or concerns more than one county, or the district attorney shall, if the office affected is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring such office vacant.".

"AN ACT relating to public officers; providing a procedure in certain counties whereby a district court may declare an office vacant if a local officer is prevented by sickness from discharging his duties for a certain period; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY--Revises provision governing vacancies in certain public offices in certain counties. (BDR 23-556)".

Assembly Bill No. 466.
Bill read second time.
The following amendment was proposed by the Committee on Labor and Management:
Amendment No. 892.
Amend section 1, page 1, line 4, by deleting "insurer;" and inserting:
"insurer [;] or employer;".
Amend section 1, page 1, by deleting lines 8 through 14 and inserting:
"the regulations of the division.".
Amend the bill as a whole by adding new sections designated sections 2 and 3, following section 1, to read as follows:
"Sec. 2. NRS 616C.230 is hereby amended to read as follows:
616C.230 1. Compensation is not payable pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS for an injury:
(a) Caused by the employee's willful intention to injure himself.
(b) Caused by the employee's willful intention to injure another.
(c) Proximately caused by the employee's intoxication. If the employee was intoxicated at the time of his injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary.
(d) Proximately caused by the employee's use of a controlled substance. If the employee had any amount of a controlled substance in his system at the time of his injury for which the employee did not have a current and lawful prescription issued in his name, the controlled substance must be presumed to be a proximate cause unless rebutted by evidence to the contrary.
2. For the purposes of paragraphs (c) and (d) [, the] of subsection 1:
(a) The affidavit of an expert or other person described in NRS 50.315 is admissible to prove the existence of any alcohol or the existence, quantity or identity of a controlled substance in an employee's system. If the affidavit is to be so used, it must be submitted in the manner prescribed in NRS 616C.355.
(b) When an examination requested or ordered includes testing for the use of alcohol or a controlled substance:
(1) If the laboratory that conducts the testing is located in a county whose population is 100,000 or more and the testing is of urine, the laboratory must be certified for forensic testing of urine for drugs by the College of American Pathologists or a successor organization or by the federal Department of Health and Human Services; and
(2) Any such testing of breath for alcohol must be performed pursuant to the regulations of the federal Department of Transportation.
[2.] 3. No compensation is payable for the death, disability or treatment of an employee if his death is caused by, or insofar as his disability is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.
[3.] 4. If any employee persists in an unsanitary or injurious practice that imperils or retards his recovery, or refuses to submit to such medical or surgical treatment as is necessary to promote his recovery, his compensation may be reduced or suspended.
[4.] 5. An injured employee's compensation, other than accident benefits, must be suspended if:
(a) A physician or chiropractor determines that the employee is unable to undergo treatment, testing or examination for the industrial injury solely because of a condition or injury that did not arise out of and in the course of his employment; and
(b) It is within the ability of the employee to correct the nonindustrial condition or injury.
The compensation must be suspended until the injured employee is able to resume treatment, testing or examination for the industrial injury. The insurer may elect to pay for the treatment of the nonindustrial condition or injury.
Sec. 3. This act becomes effective on January 1, 1999.".
Amend the title of the bill by deleting the first line and inserting:

"AN ACT relating to industrial insurance; authorizing employers to request medical examinations of injured workers; requiring in certain counties that a test of an injured worker for the use".

Assembly Bill No. 491.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 856.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 through 4 as sections 1 through 3.
Amend the bill as a whole by deleting sections 5 and 6 and renumbering sections 7 through 20 as sections 4 through 17.
Amend sec. 7, page 4, line 32, after "day" by inserting:
"or portion of a day during which".
Amend sec. 15, page 10, line 32, by deleting the brackets.
Amend sec. 15, page 10, line 33, by deleting "After".
Amend sec. 20, page 13, line 32, by deleting:
"1, 2 and 4 to 19," and inserting:
"1 and 3 to 16,".
Amend sec. 20, page 13, line 34, by deleting "3" and inserting "2".
Amend the title of the bill to read as follows:

"AN ACT relating to the state legislature; increasing the compensation of legislators; and providing other matters properly relating thereto.".

Assembly Bill No. 558.
Bill read second time and ordered to third reading.

Assembly Bill No. 570.
Bill read second time.
The following amendment was proposed by the Committee on Infrastructure:
Amendment No. 744.
Amend the bill as a whole by deleting sections 1 through 101 and adding new sections designated sections 1 through 8, 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 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, 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. "Landscaping" means trees, shrubs, grass and other ornamentation, whether natural or artificial, and includes drainage necessary for the maintenance thereof.
Sec. 4. "Public lighting" means works or improvements useful in lighting a street, sidewalk or other place used for a public purpose.
Sec. 5. "Security wall" has the meaning ascribed to it in NRS 271.203.
Sec. 6. 1. A person who proposes to divide land for transfer or development into four or more lots pursuant to NRS 278.360 to 278.460, inclusive, or chapter 278A of NRS, may, in lieu of providing for the creation of an association for a common-interest community, request the governing body of the jurisdiction in which the land is located to assume the maintenance of one or more of the following improvements located on the land:
(a) Landscaping;
(b) Public lighting; and
(c) Security walls.
2. A request made pursuant to subsection 1 must be made in the form of a petition signed by a majority of the owners whose property will be assessed pursuant to subsection 4 and must set forth descriptions of all tracts of land that would be subject to such an assessment.
3. Upon receipt of the petition, the governing body shall determine the desirability of assuming the maintenance of the proposed improvements. If the governing body determines that it would be desirable to assume the maintenance of the improvements, the governing body shall by ordinance:
(a) Create a maintenance district or unit of assessment consisting of the tracts of land set forth in the petition.
(b) Establish the method for determining the amount of an assessment for the cost of the maintenance assumed by the governing body and the time and manner of payment of the assessment.
(c) Provide that the assessment constitutes a lien upon the tracts of land or residential units thereon. The lien must be executed, and has the same priority, as a lien for property taxes.
(d) Prescribe the levels of maintenance to be provided.
(e) Determine the amount by which the public interest will benefit from the provision of the maintenance and allocate to the cost of providing the maintenance the appropriate amount of public money to pay for that part of the maintenance which creates the public benefit.
(f) Address any other matters that the governing body determines to be relevant to the maintenance of the improvements.
4. The provisions of this section apply retroactively to a development with respect to which:
(a) An agreement or agreements between the owners of tracts of land within the development and the developer allow for the provision of services in the manner set forth in this section; or
(b) All of the owners of affected tracts of land agree in writing to be bound by the provisions of this section.
Sec. 7. 1. If a person who proposes to divide land for transfer or development into four or more lots pursuant to NRS 278.360 to 278.460, inclusive, or chapter 278A of NRS, decides to provide for the maintenance of landscaping, public lighting or security walls, or any combination thereof, through an association for a common-interest community, the governing body of the jurisdiction in which the land is located may, as a condition of the approval of any final map related to the proposal for the transfer or development of the land, require the association to adopt a plan for the maintenance of the improvements located on the land. The plan must include the proposed level of maintenance to be provided.
2. If the association fails to maintain the improvements in the manner set forth in the plan, the governing body may serve written notice upon the association, setting forth the manner in which the association has failed to maintain the improvements. The notice must:
(a) Include a demand that the deficiencies of maintenance be cured within 30 days after receipt of the notice; and
(b) State the date, time and place of a hearing to be held regarding the deficiencies of maintenance. The hearing must be held within 14 days after the receipt of the notice.
3. At a hearing conducted pursuant to this section, the governing body may:
(a) Modify the terms of the original notice served pursuant to subsection 2; and
(b) Provide an extension of time within which the deficiencies of maintenance may be cured.
4. If the deficiencies in maintenance are not cured within 30 days after the receipt of the notice or any extension of time provided pursuant to subsection 3, the governing body or its authorized agent may:
(a) Enter the land on which the improvements are located and maintain the improvements for a period of not more than 1 year; and
(b) Assess the affected tracts of land to recover the cost of the maintenance.
5. Entry and maintenance authorized pursuant to subsection 4 does not authorize a member of the public to use the improvements unless the land on which the improvements are located has been dedicated to and accepted by the governing body.
6. Before the expiration of the period of maintenance required pursuant to subsection 4, the local government, on its own motion or upon request of the association, shall hold a public hearing at which the owners of the affected tracts of land and the association may show cause why the governing body or its authorized agent need not continue to maintain the improvements that are located on the affected tracts of land.
7. After a hearing conducted pursuant to subsection 6, the governing body shall determine whether the association is ready and able to maintain the improvements that are located on the affected tracts of land in the manner required by the plan. If the governing body determines that the association is ready and able to maintain the improvements, the governing body shall cease its maintenance of the affected tracts of land at the end of the period. If the governing body determines that the association is not ready and able to maintain the improvements, the governing body may continue the maintenance of the improvements located on the affected tracts of land during the next succeeding year, subject to a similar hearing and determination in each year thereafter. 8. Any decision made by the governing body pursuant to this section constitutes a final decision for the purpose of judicial review.
Sec. 8. This act becomes effective upon passage and approval.".
Amend the title of the bill, first line, by deleting "assessment districts" and inserting:
"maintenance districts or units of assessment".
Amend the summary of the bill to read as follows:

"SUMMARY--Authorizes creation of maintenance districts or units of assessment for maintenance of landscaping, public lighting and security walls. (BDR 22-680)".

Assembly Bill No. 601.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 837.
Amend section 1, page 1, line 2, by deleting "[21] 18" and inserting "18".
Amend section 1, page 1, by deleting lines 11 through 16 and inserting:
"(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] if the spouse appears of record as the owner of an interest in the acreage. If two or more persons hold undivided or community interests [,] in land, one such person may vote upon presenting the written consent of his fellow holders.".
Amend section 1, page 2, by deleting lines 29 through 38 and inserting:
"7. Corporations , [or] partnerships or limited-liability companies 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, the manager of such a limited-liability company, or any other person authorized in writing by the president [or vice president] of the corporation , [or] the general partner of the partnership [,] or the members of the limited-liability company, may sign any petition authorized by this chapter, and register and cast the vote of the corporation , [or] partnership or limited-liability company 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. If a limited-liability company:
(a) Has more than one manager, the managers must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.
(b) Does not have a manager, the members must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.".
Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
"Sec. 2. NRS 539.135 is hereby amended to read as follows:
539.135 The registrars shall require registrants to take the following oath in substance: I am, or have declared my intention to become, a citizen of the United States, am over the age of [21] 18 years, and am, or properly represent, under the law in pursuance of which this election is to be held, the bona fide holder of title or evidence of title, as defined in the law, to ..... acres of land within the boundaries of the ................ (name of district) and such holding is for all purposes and not simply for this election or matters connected therewith.
Sec. 3. NRS 539.137 is hereby amended to read as follows:
539.137 The registrar shall require registrants on behalf of an entity that is not a natural person to take the following oath, in substance: I am over the age of [21] 18 years, and the (position held) of (name of entity), or have been duly authorized in writing to register on behalf of (name of entity); that the entity is organized under or has qualified under the laws of Nevada to transact business therein and is the holder of title or evidence of title to ..... acres of land within the boundaries of the ................ (name of district).".
Amend the bill as a whole by adding a new section designated sec. 5, following sec. 2, to read as follows:
"Sec. 5. NRS 539.553 is hereby amended to read as follows:
539.553 In any election to approve any bond issue, contract or other proposal which would subject the lands in any district to the repayment of an obligation to be incurred for capital purposes, the following procedure must be followed:
1. The secretary of the district shall prepare from the book of assessments a list of all electors qualified by an ownership of land which meets the conditions prescribed in paragraphs (a), (b) and (c) of subsection 1 of NRS 539.123, showing the number of acres listed to each such elector, or the percentage interest in acreage held by each elector who holds an undivided interest in land.
2. At the time and place appointed for the election, the list must be open for inspection. If both spouses vote with respect to acreage in which their interest is community property, the number of votes attributed to that acreage must be divided equally between them. If one holder of an undivided interest votes with the consent of his fellow holders, the entire acreage must be attributed to him.
3. An elector is entitled to vote on the proposal 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.
4. 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 3 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.
5. A guardian, executor, administrator or trustee shall be deemed the holder of title or evidence of title to the land in the state for which he is the guardian, executor, administrator or trustee, and has the right to vote pursuant to this section. If there is more than one guardian, executor, administrator or trustee, they must designate one of their number to vote pursuant to this section.
6. Corporations , [or] partnerships or limited-liability companies 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, the manager of such a limited-liability company, or any other person authorized in writing by the president [or vice president] of the corporation , [or] the general partner of the partnership [,] or the members of the limited-liability company, may cast the vote of the corporation , [or] partnership or limited-liability company pursuant to this section. If a partnership has more than one general partner, the general partners must designate one of their number to cast the vote of the partnership pursuant to this section. If a limited-liability company:
(a) Has more than one manager, the managers must designate one of their number to cast the vote of the limited-liability company pursuant to this section.
(b) Does not have a manager, the members must designate one of their number to cast the vote of the limited-liability company pursuant to this section.
7. Designations or written consents for the purposes of voting as authorized pursuant to this section must be filed with the district not later than 14 days before the election.
8. At the end of the time appointed for voting, the secretary of the district shall determine the total number of votes cast approving the proposal and shall declare it passed if the proposal is approved by a majority of the votes cast.
9. If the proposal is not so approved, it is rejected and the result must be entered of record.
10. No informalities in conducting the election invalidate the result if the election is fairly conducted and the result can be clearly ascertained.
11. For the purposes of this section, eligibility to vote and the number of acres listed to each elector must be determined from the current book of assessments. The board may by regulation permit holders of real property in the district to establish eligibility to vote by providing proof of acquisition of an interest in real property in the district since the last assessment roll was closed.".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 631.
Bill read second time and ordered to third reading.

Assembly Bill No. 637.
Bill read second time and ordered to third reading.

Assembly Joint Resolution No. 19.
Resolution read second time and ordered to third reading.

Assembly Joint Resolution No. 20.
Resolution read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 895.
Amend the preamble of the resolution by deleting lines 17 through 20 and inserting:
"existing water right; and ".
Assemblywoman de Braga moved the adoption of the amendment.
Remarks by Assemblywoman de Braga.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 53.
Bill read second time and ordered to third reading.

Senate Bill No. 404.
Bill read second time and ordered to third reading.

Senate Bill No. 412.
Bill read second time and ordered to third reading.

Senate Bill No. 423.
Bill read second time and ordered to third reading.

Senate Bill No. 465.
Bill read second time and ordered to third reading.

Senate Chamber, Carson City, June 28, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 182, 204, 378, 418, 450.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Bill No. 204.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 378.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 418.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 450.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.

Morse Arberry, Jr.,

Chairman

Assembly Bill No. 151.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 915.
Amend section 1, page 1, line 11, by deleting "2." and inserting:
"The central repository shall not charge such a fee for information relating to a person regarding whom the central repository furnished a similar report within the immediately preceding 6 months in conjunction with the application by that person for professional licensure.
2.".
Assemblyman Humke moved the adoption of the amendment.
Remarks by Assemblyman Humke.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 356.
Bill read third time.
Remarks by Assemblywoman Koivisto.
Roll call on Assembly Bill No. 356:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 356 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 451.
Bill read third time.
Remarks by Assemblyman Manendo.
Roll call on Assembly Bill No. 451:
Yeas -- 36.
Nays -- Cegavske, Ernaut, Gustavson, Hettrick, Hickey, Perkins - 6.
Assembly Bill No. 451 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 483.
Bill read third time.
Remarks by Assemblymen Close and Lambert.
Roll call on Assembly Bill No. 483:
Yeas -- 31.
Nays -- Berman, Braunlin, Carpenter, Cegavske, Collins, de Braga, Gustavson, Hickey, Lambert, Sandoval, Tiffany - 11.
Assembly Bill No. 483 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 581.
Bill read third time.
Remarks by Assemblymen Bache and Ernaut.
Conflict of interest declared by Assemblyman Ernaut.
Roll call on Assembly Bill No. 581:
Yeas -- 38.
Nays -- None.
Not voting -- Amodei, Ernaut, Lambert, Sandoval - 4.
Assembly Bill No. 581 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 30.
Bill read third time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 917.
Amend the bill as a whole by deleting sections 1 through 19 and adding new sections designated sections 1 through 10, following the enacting clause, to read as follows:
"Section 1. Chapter 679B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, 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. "Health care plan" means a policy, contract, certificate or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.
Sec. 4. "Insured" means a person covered by a policy of health insurance issued in this state by an insurer.
Sec. 5. "Insurer" means any insurer or organization authorized pursuant to this Title to conduct business in this state that provides or arranges for the provision of health care services, including, without limitation, an insurer that issues a policy of health insurance, an insurer that issues a policy of group health insurance, a carrier serving small employers, a fraternal benefit society, a hospital or medical service corporation, a health maintenance organization, a plan for dental care and a prepaid limited health service organization.
Sec. 6. The division shall:
1. Establish a toll-free telephone service for receiving inquiries and complaints from consumers of health care in this state concerning health care plans;
2. Provide answers to inquiries of consumers of health care concerning health care plans, or refer the consumers to the appropriate agency, department or other entity that is responsible for addressing the specific type of inquiry;
3. Refer consumers of health care to the appropriate agency, department or other entity that is responsible for addressing the specific type of complaint of the consumer;
4. Provide counseling and assistance to consumers of health care concerning health care plans;
5. Educate consumers of health care concerning health care plans in this state; and
6. Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the division pursuant to this section.
Sec. 7. Each insurer shall provide to each insured in a written format that clearly stands out from any surrounding text:
1. The telephone number of the toll-free telephone service which is established pursuant to section 6 of this act; and
2. The name of the division and its hours of operation, including, but not limited to, the hours of operation of the toll-free telephone service.
Sec. 8. 1. The commissioner of insurance shall establish an advisory committee consisting of:
(a) The commissioner of insurance;
(b) A representative of the state board of health;
(c) One or more insureds as defined in section 4 of this act;
(d) One or more insurers as defined in section 5 of this act;
(e) One or more providers of health care; and
(f) Any other person who would help carry out the duties of the committee.
2. The commissioner of insurance, in consultation with the advisory committee, shall:
(a) Develop, print and distribute an educational pamphlet for consumers of health care concerning health care plans;
(b) Establish criteria for reporting, pursuant to subsection 3, the nature of the complaints that are received by the division pursuant to section 6 of this act; and
(c) Determine the form and content of the report required pursuant to subsection 3.
3. The division of insurance of the department of business and industry shall, on or before January 31, 1999, prepare and submit a report to the 70th session of the Nevada legislature concerning the number and nature of complaints that are received by the division pursuant to section 6 of this act. The form and content of the report must be approved by the commissioner of insurance.
4. As used in this section, "provider of health care" means a physician, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, physical therapist, podiatric physician, licensed psychologist, licensed marriage and family therapist, chiropractor, doctor of Oriental medicine in any form, medical laboratory director or technician, or pharmacist.
Sec. 9. The division of insurance of the department of business and industry is hereby authorized to expend from the money set aside for insurance education and research pursuant to NRS 679B.305 the following sums for the establishment and operation of the toll-free telephone service required pursuant to section 6 of this act and for the development, printing and distribution of the educational pamphlet required pursuant to section 8 of this act:

For the fiscal year 1997-1998 $55,000

For the fiscal year 1998-1999 $55,000

"AN ACT relating to health care; requiring the division of insurance of the department of business and industry to disseminate certain information regarding health care plans to insureds and consumers of health care; requiring the commissioner of insurance to establish an advisory committee to assist him in certain duties; and providing other matters properly relating thereto.".

"SUMMARY--Requires dissemination of certain information regarding health care plans. (BDR 57-997)".

Assembly Bill No. 519.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Assembly Bill No. 519:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 519 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 543.
Bill read third time.
Remarks by Assemblymen Williams and Bache.
Potential conflicts of interest declared by Assemblymen Bache, Anderson and Giunchigliani.
Roll call on Assembly Bill No. 543:
Yeas -- 30.
Nays -- Amodei, Berman, Cegavske, Close, Gustavson, Hettrick, Hickey, Lambert, Marvel, Sandoval, Tiffany, Von Tobel - 12.
Assembly Bill No. 543 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 549.
Bill read third time.
Remarks by Assemblymen Ernaut and Anderson.
Assemblyman Ernaut moved that Assembly Bill No. 549 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Assembly Bill No. 574.
Bill read third time.
Remarks by Assemblyman Williams.
Roll call on Assembly Bill No. 574:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 574 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 583.
Bill read third time.
Remarks by Assemblywoman de Braga.
Roll call on Assembly Bill No. 583:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 583 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 594.
Bill read third time.
Remarks by Assemblywoman de Braga.
Roll call on Assembly Bill No. 594:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 594 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 607.
Bill read third time.
Remarks by Assemblymen Evans and Chowning.
Roll call on Assembly Bill No. 607:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 607 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 615.
Bill read third time.
Remarks by Assemblymen Carpenter and Freeman.
Roll call on Assembly Bill No. 615:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 615 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 619.
Bill read third time.
Remarks by Assemblymen Arberry and Humke.
Roll call on Assembly Bill No. 619:
Yeas -- 41.
Nays -- None.
Not voting -- Hickey.
Assembly Bill No. 619 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 626.
Bill read third time.
Roll call on Assembly Bill No. 626:
Remarks by Assemblymen Amodei and Freeman.
Yeas -- 42.
Nays -- None.
Assembly Bill No. 626 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 628.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Assembly Bill No. 628:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 628 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 295.
Bill read third time.
Remarks by Assemblywoman Koivisto.
Roll call on Senate Bill No. 295:
Yeas -- 42.
Nays -- None.
Senate Bill No. 295 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 448.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Senate Bill No. 448:
Yeas -- 42.
Nays -- None.
Senate Bill No. 448 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 33.
Bill read third time.
Remarks by Assemblyman Arberry.
Assemblyman Arberry moved that Senate Bill No. 33 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Senate Bill No. 145.
Bill read third time.
Remarks by Assemblymen Nolan and Anderson.
Assemblyman Anderson moved that Senate Bill No. 145 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Senate Bill No. 242.
Bill read third time.
Remarks by Assemblymen Buckley and Freeman.
Assemblywoman Freeman moved that Senate Bill No. 242 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Morse Arberry, Jr.,

Chairman

Assembly Bill No. 440.
The following Senate amendment was read:
Amendment No. 768.
Amend the bill as whole by renumbering sec. 2 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
"Sec. 2. NRS 632.285 is hereby amended to read as follows:
632.285 1. Any person, except a nursing assistant trainee, who for compensation practices or offers to practice as a nursing assistant in this state [is required to] shall submit evidence that he is qualified so to practice and must be certified as provided in this chapter.
2. It is unlawful for any person:
(a) To practice or to offer to practice as a nursing assistant in this state or to use any title, abbreviation, sign, card or device to indicate that he is practicing as a nursing assistant in this state unless he has been certified pursuant to the provisions of this chapter.
(b) Except as otherwise provided in NRS 629.091, who does not hold a certificate authorizing him to practice as a nursing assistant issued pursuant to the provisions of this chapter to perform or offer to perform basic nursing services in this state, unless the person is a nursing assistant trainee.
(c) To be employed as a nursing assistant trainee for more than 4 months.
3. The executive director of the board may, on behalf of the board, issue an order to cease and desist to any person who practices or offers to practice as a nursing assistant without a certificate issued pursuant to the provisions of this chapter.
4. The executive director of the board shall forward to the appropriate law enforcement agency any information submitted to the board concerning a person who practices or offers to practice as a nursing assistant without a certificate issued pursuant to the provisions of this chapter.
Sec. 3. NRS 632.315 is hereby amended to read as follows:
632.315 1. For the purposes of safeguarding life and health and maintaining high professional standards among nurses in this state, any person who for compensation practices or offers to practice nursing in this state [must] shall submit evidence that he is qualified to practice and must be licensed as provided in this chapter.
2. Any person who:
(a) Practices or offers to practice nursing in this state or uses any title, abbreviation, sign, card or device to indicate that he is practicing nursing in this state unless that person has been licensed pursuant to the provisions of this chapter; or
(b) Does not hold a valid and subsisting license to practice nursing issued pursuant to the provisions of this chapter who practices or offers to practice in this state as a registered nurse, licensed practical nurse, graduate nurse, trained nurse, certified nurse or under any other title or designation suggesting that he possesses qualifications and skill in the field of nursing,
is guilty of a misdemeanor.
3. The executive director of the board may, on behalf of the board, issue an order to cease and desist to any person who [is practicing] practices or offers to practice nursing without a license issued pursuant to the provisions of this chapter.
4. The executive director of the board shall forward to the appropriate law enforcement agency any information submitted to the board concerning a person who [is practicing] practices or offers to practice nursing without a license issued pursuant to the provisions of this chapter.".
Amend the bill as a whole by adding new sections designated sections 5 and 6, following sec. 2, to read as follows:
"Sec. 5. NRS 632.490 is hereby amended to read as follows:
632.490 1. The board shall cause the prosecution of all persons violating the provisions of this chapter.
2. The board, or any person designated by the board, may prefer a complaint for a violation of NRS 632.285 or 632.315 before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.
Sec. 6. NRS 632.495 is hereby amended to read as follows:
632.495 1. In addition to any other penalty:
(a) The board may issue a citation to a person who violates the provisions of NRS 632.285 or 632.315. A citation issued pursuant to this paragraph must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 2. A separate citation must be issued for each violation. If appropriate, the citation must contain an order of abatement of the violation.
(b) The board shall assess an administrative fine of:
(1) For the first violation, $500.
(2) For the second violation, $1,000.
(3) For the third or subsequent violation, $1,500.
2. To appeal the finding of a violation of NRS 632.285 or 632.315, the person must request a hearing by written notice of appeal to the board within 30 days after the date of issuance of the citation.".
Amend the title of the bill to read as follows:

"AN ACT relating to nursing; excluding certain persons from the definition of a "nursing assistant"; revising provisions governing nurses and nursing assistants; revising provisions governing the certification of nursing assistants; providing an administrative fine for the violation of certain provisions concerning nursing assistants; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY--Revises provisions governing nurses and nursing assistants. (BDR 54-1572)".

Assemblyman Perkins moved that the Assembly adjourn until Sunday, June 29, 1997 at 2 p.m.
Motion carried.

Assembly adjourned at 12:19 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly