Carson City (Sunday), July 6, 1997

Assembly called to order at 9:39 a.m.
Mr. Speaker presiding.
Roll called.
All present except for Assemblywoman Freeman, who was excused.
Prayer by the Chaplain, The Reverend Richard H. Campbell.
Most Gracious God: We humbly pray to You for the people of this nation in general and the citizens of Nevada in particular. Be gracious to us all this day. Especially bless this Assembly as it deliberates on our behalf. May their actions be to Your glory and to the safety, honor and welfare of the people. May their work this day be upon the best and surest of foundations; that peace happiness, truth and justice may be established among us. Accept now our thanksgiving for Your presence in our lives. We pray in Your glorious name.

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.

Christina R. Giunchigliani,

Chairman

Senate Chamber, Carson City, July 5, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 470.
Also, I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 259, 647.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 504 and respectfully requests your honorable body to concur in said amendment.

Mary Jo Mongelli

Assistant Secretary of the Senate

Assemblyman Arberry moved that Senate Bill No. 194 be taken from the Chief Clerk's desk and placed on the bottom of the General File.
Motion carried.

Senate Bill No. 5.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Senate Bill No. 5:
Yeas -- 42.
Nays -- None.
Senate Bill No. 5 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 39.
Bill read third time.
Remarks by Assemblyman Williams.
Roll call on Senate Bill No. 39:
Yeas -- 42.
Nays -- None.
Senate Bill No. 39 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 218.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Senate Bill No. 218:
Yeas -- 42.
Nays -- None.
Senate Bill No. 218 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 253.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Senate Bill No. 253:
Yeas -- 42.
Nays -- None.
Senate Bill No. 253 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 375.
Bill read third time.
Remarks by Assemblymen Price and Neighbors.
Roll call on Senate Bill No. 375:
Yeas -- 42.
Nays -- None.
Senate Bill No. 375 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 460.
Bill read third time.
Remarks by Assemblywoman Evans.
Roll call on Senate Bill No. 460:
Yeas -- 42.
Nays -- None.
Senate Bill No. 460 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 30.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Senate Bill No. 30:
Yeas -- 24.
Nays -- Amodei, Anderson, Carpenter, Cegavske, Close, Evans, Freeman, Gustavson, Herrera, Hickey, Koivisto, Lambert, Lee, Manendo, Ohrenschall, Segerblom, Tiffany, Von Tobel - 18.
Senate Bill No. 30 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 596.
Bill read third time.
Remarks by Assemblymen Ernaut, Hickey, Anderson, Hettrick, Tiffany, Lambert, Sandoval, Humke and Freeman.
Roll call on Assembly Bill No. 596:
Yeas -- 24.
Nays -- Anderson, Arberry, Bache, Buckley, Chowning, Close, de Braga, Evans, Freeman, Giunchigliani, Koivisto, Lambert, Mortenson, Parks, Perkins, Sandoval, Segerblom, Williams - 18.
Assembly Bill No. 596 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 488.
Bill read third time.
The following amendment was proposed by Assemblyman Goldwater:
Amendment No. 1239.
Amend the bill as a whole by deleting section 1 and renumbering sec. 1.5 as section 1.
Amend sec. 2, page 2, by deleting lines 39 through 41 and inserting:
"the money over to the commission. Subject to the provisions of subsection 5, the money must be deposited with the state".
Amend sec. 3, page 3, by deleting lines 29 through 41 and inserting:
"5. If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney's fees, may be recovered by the commission.".
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 and 6 as sections 4 and 5.
Amend the title of the bill by deleting the fifth through eighth lines and inserting:
"involved in unarmed combat is entitled;".
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblymen Goldwater, Humke and Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Morse Arberry, Jr.,

Chairman

Senate Chamber, Carson City, July 6, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted the report of the First Committee on Conference concerning Assembly Bill No. 366.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Bill No. 495.
Bill read third time.
Remarks by Assemblymen Close and Giunchigliani.
Roll call on Senate Bill No. 495:
Yeas -- 37.
Nays -- Collins, Evans, Freeman, Giunchigliani, Koivisto - 5.
Senate Bill No. 495 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 496.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Senate Bill No. 496:
Yeas -- 42.
Nays -- None.
Senate Bill No. 496 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Douglas A. Bache,

Chairman

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

Assembly in recess at 10:56 a.m.

At 12:40 p.m.
Mr. Speaker presiding.
Quorum present.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Concurrent Committee on Ways and Means, to which was referred Senate Bill No. 482, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry, Jr.,

Chairman

Senate Chamber, Carson City, July 6, 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. 280, 318, 669, 670.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bills Nos. 82, 280, 330, 379, 415, 451, 501, 508, 536, 570, 576, 581, 662 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 passed Senate Bill No. 497.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 432, 433, 451.
Also, I have the honor to inform your honorable body that the Senate on this day receded from its action on Assembly Bill No. 170.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly amendment to Senate Bill No. 430.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Connell, Rhoads and Regan as a First Committee on Conference concerning Senate Bill No. 424.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators James, McGinness and Wiener as a First Committee on Conference concerning Senate Bill No. 331.
Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the First Committee on Conference concerning Senate Bill No. 331.
Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the Second Committee on Conference concerning Senate Bill No. 66.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly amendments to Senate Bills Nos. 103, 256, 436, 458, 480.

Mary Jo Mongelli

Assistant Secretary of the Senate

Assemblyman Arberry moved that Assembly Bill No. 642 be taken from Unfinished Business and re-referred to the Committee on Ways and Means.
Motion carried.

Assemblyman Perkins moved that Senate Bill No. 208 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.

Assemblyman Perkins moved that Senate Bill No. 312 be placed on the Second Reading File.
Motion carried.

Assemblyman Perkins moved that Senate Bill No. 488 be placed on the General File.
Motion carried.

Senate Bill No. 433.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 451.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.

Senate Bill No. 497.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Sec. 13. NRS 279.676 is hereby amended to read as follows:

279.676 1. Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment area each year by or for the benefit of the state, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:

(a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment area on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the redevelopment area on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the state and becomes exempt from taxation, the assessed valuation of the exempt property as shown on that assessment roll must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.

(b) Except as otherwise provided in paragraphs (c) and (d) [,] and section 3 of this act, that portion of the levied taxes each year in excess of the amount set forth in paragraph (a) must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the costs of redevelopment and to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, redevelopment. Unless the total assessed valuation of the taxable property in a redevelopment area exceeds the total assessed value of the taxable property in the redevelopment area as shown by the last equalized assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies. When the redevelopment plan is terminated pursuant to the provisions of NRS 279.438 and 278.439 and all loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

(c) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a tax rate levied by a taxing agency to produce revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the debt service fund of that taxing agency.

(d) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a new or increased tax rate levied by a taxing agency and was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the appropriate fund of the taxing agency.

2. Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency must not exceed:

(a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.

(b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.

If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a) or (b) and the redevelopment agency has more than one redevelopment area, the redevelopment agency shall determine the allocation to each area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.

3. The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.

4. For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.

Sec. 14. NRS 354.59811 is hereby amended to read as follows:

354.59811

Except as otherwise provided in NRS 350.087, 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425 and 543.600, and section 3 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

1. The rate must be set so that when applied to the current fiscal year's assessed valuation of all property which was on the preceding fiscal year's assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.

2. This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.

"AN ACT relating to redevelopment; revising provisions for community redevelopment; restricting the exercise of the power of eminent domain; providing for the termination of redevelopment plans; requiring each proposal for a redevelopment project instead of the redevelopment plan to include an employment plan; prohibiting a redevelopment agency from issuing securities and incurring debt to finance a redevelopment plan beyond 20 years after the date on which the plan is adopted; prohibiting the use for redevelopment of certain portions of taxes approved by the voters of a taxing agency for the repayment of bonded indebtedness or attributable to a new or increased tax rate; removing the limitation on the total revenue paid to all redevelopment agencies of a municipality; extending the protection of tenants in relocation; repealing the provisions governing tax increment areas and urban renewal; and providing other matters properly relating thereto.".

Sec. 43. NRS 482.181 is hereby amended to read as follows:

482.181

1. Except as otherwise provided in subsection 4, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

2. Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.

3. The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the county's general fund. The 5 percent must be calculated in the same manner as the commission calculated for the department of motor vehicles and public safety. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district's debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district's debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

4. An amount equal to any basic privilege tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.

5. Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.

6. The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.

Sec. 48. Section 8 of chapter 590, Statutes of Nevada 1995, at page 2183, is hereby amended to read as follows:

Sec. 8. NRS 482.181 is hereby amended to read as follows:

482.181 1. Except as otherwise provided in subsection [4,] 5, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

2. Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045.

3. The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the county's general fund. The 5 percent must be calculated in the same manner as the commission calculated for the department of motor vehicles and public safety. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district's debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district's debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

4. The tax rate for the fiscal year beginning on July 1, 1980, of an unincorporated town created after July 1, 1980, for which the Nevada tax commission establishes the allowed revenue from taxes ad valorem or basic ad valorem revenue pursuant to subsection 4 of NRS 354.5987 shall be deemed to be the average tax rate levied for the fiscal year beginning on July 1, 1980, by other unincorporated towns included in the same common levy authorized by NRS 269.5755 which were in existence on July 1, 1980.

5. An amount equal to any basic privilege tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.

[5.] 6. Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.

[6.] 7. The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.

Sec. 13. NRS 279.676 is hereby amended to read as follows:

279.676 1. Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment area each year by or for the benefit of the state, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:

(a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment area on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the redevelopment area on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the state and becomes exempt from taxation, the assessed valuation of the exempt property as shown on that assessment roll must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.

(b) Except as otherwise provided in paragraphs (c) and (d) [,] and in section 3 of this act, that portion of the levied taxes each year in excess of the amount set forth in paragraph (a) must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the costs of redevelopment and to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, redevelopment. Unless the total assessed valuation of the taxable property in a redevelopment area exceeds the total assessed value of the taxable property in the redevelopment area as shown by the last equalized assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies. When the redevelopment plan is terminated pursuant to the provisions of NRS 279.438 and 278.439 and all loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

(c) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a tax rate levied by a taxing agency to produce revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by the voters of the taxing agency on or after July 1, 1997, must be allocated to and when collected must be paid into the debt service fund of that taxing agency.

(d) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a new or increased tax rate levied by a taxing agency and was approved by the voters of the taxing agency on or after July 1, 1997, must be allocated to and when collected must be paid into the appropriate fund of the taxing agency.

2. Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency must not exceed:

(a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.

(b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.

If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a) or (b) and the redevelopment agency has more than one redevelopment area, the redevelopment agency shall determine the allocation to each area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.

3. The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.

4. For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.

Sec. 14. NRS 354.59811 is hereby amended to read as follows:

354.59811

Except as otherwise provided in NRS 350.087, 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425 and 543.600, and section 3 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

1. The rate must be set so that when applied to the current fiscal year's assessed valuation of all property which was on the preceding fiscal year's assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.

2. This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.".

Amend the title of the bill, first line, after "redevelopment;" by inserting:
"revising provisions regarding exercise of eminent domain;".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblymen Giunchigliani, Herrera, Carpenter, Ernaut, Price, Ohrenschall, Bache and Krenzer.
Assemblymen Price, Carpenter and Amodei requested a roll call on the motion to adopt Amendment No. 1245 to Senate Bill No. 312.
Roll call on passage of Amendment No. 1245 to Senate Bill No. 312:
Yeas -- 15.
Nays -- Anderson , Arberry, Berman, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Goldwater, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lee, Manendo, Marvel, Neighbors, Ohrenschall, Parks, Perkins, Sandoval, Segerblom.--26.
Absent-- Freeman.
The motion having failed to receive a majority, Mr. Speaker declared it lost.
The following amendment was proposed by Assemblymen Lambert and Williams:
Amendment No. 1215.
Amend sec. 3, page 2, line 4, by deleting "inclusive." and inserting:
"inclusive [.] , including, without limitation, the provisions of an employment plan or a contract approved for a redevelopment project.".
Amend sec. 6, page 4, line 30, by deleting:
"July 1, 1997," and inserting:
"November 5, 1996,".
Amend sec. 6, page 4, line 36, by deleting:
"July 1, 1997," and inserting:
"November 5, 1996,".
Amend the bill as a whole by renumbering sections 13 and 14 as sections 16 and 17 and adding new sections designated sections 13 through 15, following sec. 12, to read as follows:
"Sec. 13. Section 13 of Senate Bill No. 414 of this session is hereby amended to read as follows:

Sec. 13. NRS 279.676 is hereby amended to read as follows:

279.676 1. Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment area each year by or for the benefit of the state, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:

(a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment area on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the redevelopment area on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the state and becomes exempt from taxation, the assessed valuation of the exempt property as shown on that assessment roll must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.

(b) Except as otherwise provided in paragraphs (c) and (d) [,] and section 3 of this act, that portion of the levied taxes each year in excess of the amount set forth in paragraph (a) must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the costs of redevelopment and to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, redevelopment. Unless the total assessed valuation of the taxable property in a redevelopment area exceeds the total assessed value of the taxable property in the redevelopment area as shown by the last equalized assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies. When the redevelopment plan is terminated pursuant to the provisions of NRS 279.438 and 278.439 and all loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

(c) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a tax rate levied by a taxing agency to produce revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the debt service fund of that taxing agency.

(d) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a new or increased tax rate levied by a taxing agency and was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the appropriate fund of the taxing agency.

2. Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency must not exceed:

(a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.

(b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.

If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a) or (b) and the redevelopment agency has more than one redevelopment area, the redevelopment agency shall determine the allocation to each area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.

3. The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.

4. For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.

Sec. 14. NRS 354.59811 is hereby amended to read as follows:

354.59811

Except as otherwise provided in NRS 350.087, 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425 and 543.600, and section 3 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

1. The rate must be set so that when applied to the current fiscal year's assessed valuation of all property which was on the preceding fiscal year's assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.

2. This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.

Sec. 13. NRS 279.676 is hereby amended to read as follows:

279.676 1. Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment area each year by or for the benefit of the state, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:

(a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment area on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the redevelopment area on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the state and becomes exempt from taxation, the assessed valuation of the exempt property as shown on that assessment roll must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.

(b) Except as otherwise provided in paragraphs (c) and (d) [,] and section 3 of this act, that portion of the levied taxes each year in excess of the amount set forth in paragraph (a) must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the costs of redevelopment and to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, redevelopment. Unless the total assessed valuation of the taxable property in a redevelopment area exceeds the total assessed value of the taxable property in the redevelopment area as shown by the last equalized assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies. When the redevelopment plan is terminated pursuant to the provisions of NRS 279.438 and 278.439 and all loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

(c) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a tax rate levied by a taxing agency to produce revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the debt service fund of that taxing agency.

(d) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a new or increased tax rate levied by a taxing agency and was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the appropriate fund of the taxing agency.

2. Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency must not exceed:

(a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.

(b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.

If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a) or (b) and the redevelopment agency has more than one redevelopment area, the redevelopment agency shall determine the allocation to each area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.

3. The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.

4. For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.

Sec. 14. NRS 354.59811 is hereby amended to read as follows:

354.59811

Except as otherwise provided in NRS 350.087, 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425 and 543.600, and section 3 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

1. The rate must be set so that when applied to the current fiscal year's assessed valuation of all property which was on the preceding fiscal year's assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.

2. This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.

"AN ACT relating to redevelopment; revising provisions for community redevelopment; providing for the termination of redevelopment plans; requiring each proposal for a redevelopment project instead of the redevelopment plan to include an employment plan; prohibiting a redevelopment agency from issuing securities and incurring debt to finance a redevelopment plan beyond 20 years after the date on which the plan is adopted; prohibiting the use for redevelopment of certain portions of taxes approved by the voters of a taxing agency for the repayment of bonded indebtedness or attributable to a new or increased tax rate; removing the limitation on the total revenue paid to all redevelopment agencies of a municipality; extending the protection of tenants in relocation; repealing the provisions governing tax increment areas and urban renewal; and providing other matters properly relating thereto.".

Senate Bill No. 208.
Bill read third time.
Remarks by Assemblyman Collins.
Roll call on Senate Bill No. 208:
Yeas -- 41.
Nays -- None.
Excused -- Freeman.
Senate Bill No. 208 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 482.
Bill read third time.
Remarks by Assemblyman Price.
Roll call on Senate Bill No. 482:
Yeas -- 41.
Nays -- None.
Excused -- Freeman.
Senate Bill No. 482 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 488.
Bill read third time.
Remarks by Assemblymen Anderson and Ohrenschall.
Roll call on Senate Bill No. 488:
Yeas -- 36.
Nays -- Arberry, Evans, Giunchigliani, Hickey, Williams - 5.
Excused -- Freeman.
Senate Bill No. 488 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

"AN ACT relating to the state executive department; authorizing the state treasurer to appoint and employ certain deputies and assistants; authorizing the attorney general to appoint and employ an administrative assistant; and providing other matters properly relating thereto.".

Assembly Bill No. 330.
The following Senate amendment was read:
Amendment No. 1190.
Amend sec. 14, page 10, by deleting lines 32 through 38 and inserting:
"278.380 1. [Upon] After receipt of the final map [, the] :
(a) The governing body or planning commission , [shall,] at its next [meeting, or within a period of not more than] meeting; or
(b) If authorized by the governing body, the director of planning or other authorized person or agency, within 10 days after the map is [filed with] accepted as a complete application by the governing body , [or] planning commission, the director of planning or other authorized person or agency,
shall approve the map if it conforms to all the requirements of ".
Amend sec. 25, page 20, line 13, by deleting "registered" and inserting "licensed".
Amend sec. 25, page 20, line 20, by deleting "registered" and inserting "licensed".
Amend sec. 28, page 23, line 31, by deleting "registered" and inserting "licensed".
Amend the bill as a whole by adding a new section designated sec. 29, following sec. 28, to read as follows:
"Sec. 29. Sections 25 and 28 of this act become effective at 12:01 a.m. on October 1, 1997.".
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 330.
Remarks by Assemblyman Bache.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 501.
The following Senate amendment was read:
Amendment No. 1191.
Amend the bill as a whole by adding a new section designated sec. 11.5, following sec. 11, to read as follows:
"Sec. 11.5. NRS 280.201 is hereby amended to read as follows:
280.2011. The funding apportionment plan must exclude the cost of:
(a) Operating and maintaining a county or a branch county jail;
(b) A rural program of resident officers, where applicable; and
(c) Any program of contract services which is totally funded by the contracting agency or entity.
The costs described in paragraphs (a) and (b) are a proper charge against the county. The capital costs of building a county or a branch county jail are the responsibility of the board of county commissioners.
2. If a department operates a program for school crossing guards, each participating political subdivision must pay the cost of operating the positions located within its jurisdiction.
3. The funding apportionment plan must apportion the anticipated costs of operating and maintaining the department, and capital costs, after deducting all anticipated revenue internally generated by the department, among the participating political subdivisions according to the formula developed by the department pursuant to this section.
4. Except as otherwise provided in subsection 1, an additional tax ad valorem that is levied pursuant to the approval of the voters must be levied at a uniform rate in the unincorporated area of the county and in each participating city.
5. In developing the formula, the department must divide its budget into the following functional areas:
(a) Activities which are the responsibility of any one of the participating political subdivisions.
(b) Contract services which are performed solely for another agency or entity.
(c) Administrative or supporting activities.
(d) The remaining activities, services or programs are to be allocated to those functional areas which are to be jointly funded by the participating political subdivision.
Contract services which are performed solely for another agency or entity must each be identified as a separate functional area.
[5.] 6. The department must identify the bureaus, sections, divisions and groups that are assigned to each functional area. Each functional area must be a separate accounting unit within the budget of the department for the purpose of apportioning the cost among the participating political subdivisions.
[6.] 7. The costs of the activities of administration or support must be allocated to the other functional area to which they apply in the ratio that the cost of each functional area bears to the combined costs of the other functional areas.
[7.] 8. The costs of each functional area which is to be jointly funded, including the administrative and support costs allocated in accordance with subsection 6, must be apportioned among the participating political subdivisions as follows:
(a) The cost of uniformed functions in the field must be apportioned on a percentage basis according to the comparative cumulative, unweighted percentage relationship among the participating political subdivisions of the permanent population of the participating political subdivisions, as determined annually by the governor, the total number of calls for service which were dispatched by the department in each participating political subdivision, excluding:
(1) Calls for service with respect to felony crimes;
(2) Calls for service originating in those areas which were served by a rural program of resident officers; and
(3) Calls for service originating from a program of contract services which is totally funded by the contracting agency or entity,
and the total number of felonies which were reported in each participating political subdivision, excluding reports of felonies originating from a rural program of resident officers or a program of contract services. The number of calls for service and the number of felonies reported must have been made during the 12 months preceding January 1 of the current fiscal year.
(b) The cost of the investigative function must be apportioned on a percentage basis according to the comparative cumulative, unweighted percentage relationship among the participating political subdivisions of the total number of felonies which were reported in each participating political subdivision during the 12 months preceding January 1 of the current fiscal year.
[8.] 9. For the purpose of subsection [7,] 8, the population attributable to a county does not include the population of the cities within that county or the population of those areas within that county which are served by a rural program of resident officers.
[9.] 10. The department shall maintain all of the statistics necessary to effectuate the funding apportionment plan and shall maintain accurate records in support of the determination required in order to comply with this section.
[10.] 11. If, in the initial year of the merger, the statistics necessary to determine the funding apportionment plan for the remainder of that year are incomplete, the department shall prepare a funding apportionment plan for the remainder of that year based upon the most accurate statistics available, and apply it as closely as possible in the manner prescribed in this section. The fact that a budget, a funding apportionment plan and a rural program of resident officers are not prepared and submitted when due does not invalidate any of them.".
Amend the bill as a whole by renumbering sec. 16 as sec. 21 and adding new sections designated sections 16 through 20, following sec. 15, to read as follows:
"Sec. 16. Section 3 of chapter 817, Statutes of Nevada 1987, at page 2284, is hereby amended to read as follows:

Sec. 3. The board of county commissioners, city council or other governing body of each taxing district in the taxable area shall levy on behalf of its taxing district [, in the manner provided in NRS 354.460,] an ad valorem tax on all taxable property within that taxing district [. The rate of the taxes must be apportioned between the taxing districts, as provided in NRS 280.201, such that the combined rate of the taxes must,] for the fiscal year 1988-1989 and thereafter, except as otherwise provided in section 4 of this act, [be] at the rate of 2 cents for every $100 of the total assessed valuation of the taxable area.

Sec. 4. 1. The board of county commissioners, city council or other governing body of each taxing district in the taxable area shall propose to the registered voters of its taxing district at the general election held in 1988 the questions of whether to:

(a) Continue the taxes imposed pursuant to section 3 of this act; and

(b) Increase the [combined] rate of the taxes if the taxes are continued.

2. The increase proposed pursuant to subsection 1 must not be more than 2 cents for each $100 of the total assessed valuation of the taxable area in the fiscal year 1989-1990, 4 cents for each $100 in the fiscal year 1990-1991, and 6 cents for each $100 in each year after the fiscal year 1990-1991.

3. If the voters of any taxing district in the taxable area disapprove the proposed continuation of the taxes, the taxes must not be imposed in the fiscal year 1989-1990 or thereafter. If the proposed continuation and increase are approved by the voters of each taxing district in the taxable area, the taxes must be collected at the [combined] rate approved by the people.

Sec. 3. 1. The board of county commissioners, city council or other governing body of each taxing district in the taxable area shall propose to the registered voters of its taxing district at an election held in conjunction with the regular general city election in 1993 the question of whether an additional ad valorem tax shall be levied on all taxable property within the district for the support of the department for the purpose of employing additional police officers. The rate of the additional tax [must be apportioned among the taxing districts as provided in NRS 280.201, such that the combined rate of the additional tax in all the taxing districts] for each $100 of the total assessed valuation of the taxable area must not be more than 4 cents in fiscal year 1993-1994, 8 cents in fiscal year 1994-1995, 10 cents in fiscal year 1995-1996 and 12 cents in each fiscal year thereafter.

2. If the voters of any taxing district in the taxable area of a department disapprove the additional tax proposed pursuant to subsection 1, the additional tax must not be imposed in any of the taxing districts in the taxable area of that department.

3. If the proposed additional tax is approved by the voters in all of the taxing districts of the taxable area of a department, the tax must be imposed by the taxing entities in each district of the taxable area of the department at the [combined] rate approved by the voters in the district.

Sec. 3. 1. The board of county commissioners, city council or other governing body of each taxing district in the taxable area shall propose to the registered voters of its taxing district at the next county general election the question of whether an additional ad valorem tax shall be levied on all taxable property within the district for the support of the department for the purpose of employing additional police officers. The [rate of the additional tax must be apportioned among the taxing districts as provided in NRS 280.201.] additional tax must be levied at a uniform rate in the unincorporated area of the county and in each participating city.

2. The board of county commissioners, city council or other governing body of each taxing district proposing the question at the next county general election of whether an additional ad valorem tax shall be levied pursuant to this act shall place upon the ballot information regarding:

(a) The method to be used for the apportionment of the costs of employing the additional police officers; and

(b) The initial ad valorem tax rate and the method for determining the ad valorem tax rate for each fiscal year.

The ballot must also include a declaration that the additional ad valorem tax rate may change in the future based on changes in the formula for the distribution of the tax and changes in the assessed valuation of taxable property in each taxing district.

3. The rate of the tax levied pursuant to this act must not exceed 20 cents per $100 of assessed valuation.

4. If the voters of any taxing district in the taxable area of a department disapprove the additional tax proposed pursuant to subsection 1, the additional tax must not be imposed in any of the taxing districts in the taxable area of that department.

5. If the proposed additional tax is approved by the voters in all of the taxing districts of the taxable area of a department, the tax must be imposed by the taxing entities in each district of the taxable area of the department at the [combined] rate approved by the voters in the district.

"AN ACT relating to financial administration; revising certain provisions governing the investment of proceeds from the bonds issued by the state and local governments; revising the provisions governing the apportionment of certain costs of metropolitan police departments; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY--Revises various provisions governing investment of proceeds of certain bonds and apportionment of certain costs of metropolitan police departments. (BDR 30-1176)".

Assembly Bill No. 508.
The following Senate amendment was read:
Amendment No. 1172.
Amend section 1, page 1, line 2, by deleting "2" and inserting "1.5".
Amend the bill as a whole by adding a new section designated sec. 1.5, following section 1, to read as follows:
"Sec. 1.5. "Community antenna television company" has the meaning ascribed to it in NRS 711.030.".
Amend sec. 4, page 1, line 11, by deleting "except any" and inserting:
"except:
1. Any".
Amend sec. 4, page 1, line 12, by deleting "709.270." and inserting:
"709.270; or
2. A term or condition of a franchise granted by:
(a) A county whose population is 400,000 or more, or by an incorporated city that is located in whole or in part within such a county, that requires a community antenna television company to provide channels for public, educational or governmental access.
(b) A county or an incorporated city not specified in paragraph (a) that requires a community antenna television company to provide channels, facilities or equipment for public, educational or governmental access.".
Amend sec. 7, page 2, by deleting line 4 and inserting:
"Sec. 7. "Public utility" includes:
1. A person or local government that:".
Amend sec. 7, page 2, line 5, by deleting "1." and inserting "(a)".
Amend sec. 7, page 2, line 8, by deleting "2." and inserting "(b)".
Amend sec. 7, page 2, line 13, by deleting "3." and inserting "(c)".
Amend sec. 7, page 2, between lines 13 and 14, by inserting:
"2. A community antenna television company as that term is defined in NRS 711.030.".
Amend sec. 8, page 2, line 17, by deleting "or".
Amend sec. 8, page 2, line 19, by deleting "customers." and inserting "customers; or".
Amend sec. 8, page 2, between lines 19 and 20, by inserting:
"3. The amount deducted from the gross revenue of a community antenna television company pursuant to paragraph (b) of subsection 2 of NRS 711.200.".
Amend sec. 9, page 3, line 2, by deleting "2" and inserting "1.5".
Amend the bill as a whole by renumbering sec. 14 as sec. 49 and adding new sections designated sections 14 through 48, following sec. 13, to read as follows:
"Sec. 14. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 and 16 of this act.
Sec. 15. 1. The governing body of an incorporated city whose population is 25,000 or more:
(a) Shall not sell telecommunications service to the general public.
(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:
(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and
(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.
2. Any information relating to the study conducted pursuant to subsection 1 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.
3. Notwithstanding the provisions of paragraph (a) of subsection 1, an airport may sell telecommunications service to the general public.
4. As used in this section:
(a) "Telecommunications" has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.
(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.
Sec. 16. The governing body of an incorporated city whose population is 25,000 or more shall not:
1. Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.
2. Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.
3. Require a person who holds a franchise for the provision of telecommunications service to place its facilities in ducts or conduits or on poles owned or leased by the city.
4. As used in this section:
(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.
(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.
Sec. 17. NRS 268.730 is hereby amended to read as follows:
268.730[Any] Except as otherwise provided in sections 15 and 16 of this act, any governing body of a municipality, upon its behalf and in its name, may at any time or from time to time acquire, improve, equip, operate and maintain, within or without or both within and without the municipality:
1. A building project;
2. A cemetery project;
3. A communications project;
4. A drainage project or flood control project;
5. An electric project;
6. A fire protection project;
7. An offstreet parking project;
8. An overpass project;
9. A park project;
10. A recreational project;
11. A refuse project;
12. A sewerage project;
13. A sidewalk project;
14. A street project;
15. A transportation project;
16. An underpass project; and
17. A water project.
Sec. 18. NRS 709.050 is hereby amended to read as follows:
709.0501. The board of county commissioners may grant to any person, company, corporation or association the franchise, right and privilege to construct, install, operate and maintain street railways, electric light, heat and power lines, gas and water mains, telephone and telegraph lines, and all necessary or proper appliances used in connection therewith or appurtenant thereto, in the streets, alleys, avenues and other places in any unincorporated town in the county, and along the public roads and highways of the county, when the applicant complies with the terms and provisions of NRS 709.050 to 709.170, inclusive.
2. The board of county commissioners shall not:
(a) Impose any terms or conditions on a franchise granted pursuant to subsection 1 for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.
(b) Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.
3. As used in NRS 709.050 to 709.170, inclusive [, "street railway"] :
(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.
(b) "Street railway" means:
[(a)] (1) A system of public transportation operating over fixed rails on the surface of the ground;
[(b)] (2) A monorail; or
[(c)] (3) Any other overhead or underground system used for public transportation.
The term does not include a super speed ground transportation system as defined in NRS 705.4292.
(c) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.
Sec. 19. NRS 709.090 is hereby amended to read as follows:
709.090If, upon full consideration of all the facts, the board of county commissioners determines that the granting of the franchise is in the best interests of the residents of the county, the board shall , except as otherwise provided in subsection 2 of NRS 709.050, fix the terms and prescribe the conditions [under] pursuant to which the franchise is to be granted, the character or kinds of service to be rendered, the maximum rates to be charged for the service, and such other matters as may be properly connected therewith, and shall thereupon grant the franchise subject to such terms and conditions.
Sec. 20. NRS 709.130 is hereby amended to read as follows:
709.1301. Every person, company, corporation or association receiving a franchise [under] pursuant to the provisions of NRS 709.050 to 709.170, inclusive, shall:
(a) Provide a plant with all necessary appurtenances of approved construction for the full performance of his [, her, their or its] franchise duties, rights and obligations, and for the needs, comfort and convenience of the inhabitants of the various unincorporated towns and cities, county or place to which [such] his franchise relates.
(b) Keep [such] the plants and appurtenances, including all tracks, cars, poles, wires, pipes, mains and other attachments, in good repair, so as not to interfere with the passage of persons or vehicles, or the safety of persons or property.
2. [The] Except as otherwise provided in this subsection, the board of county commissioners [shall,] may when granting such franchise, [have authority to so] fix and direct the location of all tracks, poles, wires, mains, pipes and other appurtenances upon the public streets, alleys, avenues and highways as best to serve the convenience of the public. The board [shall also have authority to] may change the location of any [such] appurtenances and permit, upon proper showing, all necessary extensions thereof when the interest or convenience of the public [shall so require.] requires. The board shall not require a company that provides telecommunications service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the county.
3. All poles, except poles from which trolley wires are suspended for streetcar lines, from which wires are suspended for electric railroads, power, light or heating purposes within the boundaries of unincorporated towns and over public highways [shall] must not be less than 30 feet in height, and the wires strung thereon [shall] must not be less than 25 feet above the ground.
4. Every person, company, association or corporation operating a telephone, telegraph or electric light, heat or power line, or any electric railway line, shall, with due diligence, provide itself, at its own expense, a competent electrician to cut, repair and replace wires in all cases where [such] cutting or repairing or replacing is made necessary by the removal of buildings or other property through the public streets or highways.
5. No person, company, corporation or association [shall be granted] may receive an exclusive franchise nor [shall] may any board of county commissioners [have authority to] grant a franchise in such manner or under such terms or conditions as to hinder or obstruct the granting of franchises to other grantees, or in such manner as to obstruct or impede reasonable competition in any business or public service to which NRS 709.050 to 709.170, inclusive, apply.
Sec. 21. Chapter 710 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The governing body of a county whose population is 35,000 or more:
(a) Shall not sell telecommunications service to the general public.
(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:
(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and
(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.
2. Any information relating to the study conducted pursuant to subsection 1 must be maintained by the county clerk and made available for public inspection during the business hours of the office of the county clerk.
3. Notwithstanding the provisions of paragraph (a) of subsection 1, an airport may sell telecommunications service to the general public.
4. As used in this section:
(a) "Telecommunications" has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.
(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.
Sec. 22. Chapter 711 of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise provided in NRS 318.1192, 318.1193 and 318.1194:
1. The governing body of a county whose population is 35,000 or more shall not sell the services of a community antenna television system to the general public.
2. The governing body of a city whose population is 25,000 or more shall not sell the services of a community antenna television system to the general public.
Sec. 23. NRS 711.190 is hereby amended to read as follows:
711.1901. Except as otherwise provided in NRS 318.1194:
[1.] (a) A city council may grant a franchise to a community antenna television company for the construction, maintenance and operation of a community antenna television system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.
[2.] (b) A county may grant a franchise to a community antenna television company for the construction, maintenance and operation of a community antenna television system which requires the use of the property of the county or any town in the county or that portion of the county or town dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.
2. If a local government grants a franchise to two or more community antenna television companies to construct, maintain or operate a community antenna television system in the same area, the local government shall impose the same terms and conditions on each franchise.
3. A community antenna television company that is granted a franchise pursuant to this section may provide telecommunications service or interactive computer service without obtaining a separate franchise from the local government.
4. A local government that grants a franchise pursuant to this section shall not require the community antenna television company to place its facilities in ducts or conduits or on poles owned or leased by the local government.
5. If a county whose population is 400,000 or more, or an incorporated city located in whole or in part within such a county, grants a franchise pursuant to this section, the term of the franchise must be at least 10 years. If a franchisee notifies such a county or city on or before the end of the eighth year of a franchise that it wishes to extend the franchise, the county or city shall, on or before the end of the ninth year of the franchise, grant an extension of 5 years on the same terms and conditions, unless the franchisee has not substantially complied with the terms and conditions of the franchise agreement.
6. As used in this section:
(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.
(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.
Sec. 24. The charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 287, is hereby amended by adding thereto a new section to be designated as section 2.272, immediately following section 2.270, to read as follows:

Sec. 2.272 Franchises for the provision of telecommunications service. The board shall not:

1. Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

2. Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.

3. Require a person who holds a franchise for the provision of telecommunications service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the city.

4. As used in this section:

(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 2.270 Power of board: Provision of utilities. [The]

1. Except as otherwise provided in subsection 2 and section 2.275, the board may:

[1.] (a) Provide, by contract, franchise or public enterprise, for any utility to be furnished to Carson City or the residents thereof.

[2.] (b) Provide for the construction of any facility necessary for the provision of such utilities.

[3.] (c) Fix the rate to be paid for any utility provided by public enterprise.

[4.] (d) Provide that any public utility be authorized, for any purpose or object whatever, to install, operate or use within the city mechanical watermeters, or similar mechanical devices, to measure the quantity of water delivered to water users.

2. The board:

(a) Shall not sell telecommunications service to the general public.

(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

3. Any information relating to the study conducted pursuant to subsection 2 must be maintained by the clerk and made available for public inspection during the business hours of the office of the clerk.

4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

5. As used in this section:

(a) "Telecommunications" has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 6.010 Local improvement law. [The] Except as otherwise provided in subsection 2 of section 2.270 and section 24 of this act, the board may acquire, improve, equip, operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground electric and communication facilities;

12. Underpass projects; and

13. Water projects.

Sec. 7.020 Acquisition, operation of municipal utilities, facilities and franchises. Except as otherwise provided in subsection 2 of section 2.270 and section 24 of this act, Carson City may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities and counties, grant franchises and acquire in any manner any public utility, airport, municipal hall, cemetery, fire station or other public building, park, recreation center and necessary equipment for municipal departments (such acquisitions hereafter sometimes referred to in this article as "facilities" or "projects"), and hold, manage and operate them either alone or jointly with any level of government or instrumentality or subdivision thereof.

Sec. 2.285 Franchises for the provision of telecommunications service. The city council shall not:

1. Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

2. Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.

3. Require a person who holds a franchise for the provision of telecommunications service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the city.

4. As used in this section:

(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 2.280 Powers of city council: Provision of utilities. [The]

1. Except as otherwise provided in subsection 2 and section 2.285, the city council may:

[1.] (a) Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

[2.] (b) Provide for the construction of any facility necessary for the provision of such utilities.

[3.] (c) Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and [shall] must be perfected by filing with the county recorder of Clark County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien [shall:

(a)] must:

(1) Be coequal with the latest lien thereon to secure the payment of general taxes.

[(b)] (2) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

[(c)] (3) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

2. The city council:

(a) Shall not sell telecommunications service to the general public.

(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

3. Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

5. As used in this section:

(a) "Telecommunications" has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 6.010 Local improvement law. [The] Except as otherwise provided in subsection 2 of section 2.280 and section 2.285, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Telephone projects;

12. Transportation projects;

13. Underground and aboveground electric and communication facilities;

14. Underpass projects;

15. Water projects;

16. Upon petition by a person or business authorized to provide the service, such other utility projects as are deemed necessary by the council; and

17. Any combination thereof.

Sec. 7.020 Acquisition, operation of municipal utilities. [The] Except as otherwise provided in subsection 2 of section 2.280 and section 2.285, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it either alone or jointly, with any level of government or instrumentality or subdivision thereof.

Sec. 2.315 Franchises for the provision of telecommunications service. The city council shall not:

1. Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

2. Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.

3. Require a person who holds a franchise for the provision of telecommunications service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the city.

4. As used in this section:

(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 2.300 Powers of city council: Provision of utilities. [The]

1. Except as otherwise provided in subsection 2 and section 2.315, the city council may:

[1.] (a) Provide, by contract, franchise or public ownership or operation, for any utility to be furnished to the residents of the city.

[2.] (b) Provide for the construction and maintenance of any facility which is necessary for the provision of those utilities.

[3.] (c) Prescribe, revise and collect rates, fees, tolls and charges, including fees for connection, for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking and no rate, fee, toll or charge for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking may be prescribed, revised, amended, altered, increased or decreased without proceeding as follows:

[(a)] (1) There must be filed with the city clerk and available for public inspection schedules of all rates, fees, tolls and charges which the city has established and which are in force at that time for any service which is performed or product which is furnished in connection with any utility which is owned or operated by the city.

[(b)] (2) No change may be made in any of those schedules except upon 30 days' notice to the inhabitants of the city and the holding of a public hearing with respect to the proposed change. Notice of the proposed change must be given by at least two publications during the 30-day period before the hearing.

[(c)] (3) At the time which is set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.

[(d)] (4) Every utility which is owned or operated by the city [must] shall furnish reasonably adequate service and facilities, and the charges which are made for any service which is or will be rendered, or for any service which is connected with or incidental to any service which is or will be rendered, by the city must be just and reasonable.

[4.] (d) Any rate, fee, toll or charge, including any fee for connection which is due for services, facilities or commodities which are furnished by the city or by any utility which is owned or operated by the city pursuant to this section is a lien upon the property to which the service is rendered. [That lien:

(a)] The lien:

(1) Must be perfected by filing with the county recorder of the county a statement by the city clerk in which he states the amount which is due and unpaid and describes the property which is subject to the lien.

[(b)] (2) Is coequal with the latest lien upon that property to secure the payment of general taxes.

[(c)] (3) Is not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

[(d)] (4) Is prior and superior to all liens, claims, encumbrances and titles, other than the liens of assessments and general taxes.

[(e)] (5) May be enforced and foreclosed in such manner as may be prescribed by ordinance.

2. The city council:

(a) Shall not sell telecommunications service to the general public.

(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

3. Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

5. As used in this section:

(a) "Telecommunications" has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 2.310 Powers of city council: Acquisition or establishment of city utility.

1. [The] Except as otherwise provided in subsection 2 of section 2.300 and section 2.315, the city council, on behalf of the city and in its name, may acquire, establish, hold, manage and operate, alone or with any other government or any instrumentality or subdivision of any government, any public utility in the manner which is provided in this section.

2. The city council must adopt a resolution which sets forth fully and in detail:

(a) The public utility which is proposed to be acquired or established.

(b) The estimated cost of that utility, as shown in a recent report, which has been approved by the city council, of an engineer or consulting firm which had previously been appointed by the city council for that purpose.

(c) The proposed bonded indebtedness which must be incurred to acquire or establish that utility, the terms, amount and rate of interest of that indebtedness and the time within which, and the fund from which, that indebtedness is redeemable.

(d) That a public hearing on the advisability of acquiring the public utility will be held at the first regular meeting of the city council after the final publication of the resolution.

3. The resolution must be published in full at least once a week for 4 successive weeks.

4. At the first regular meeting of the city council, or any adjournment of that meeting, after the completion of the publication, the city council may, without an election, enact an ordinance for that purpose, which must conform in all respects to the terms and conditions of the resolution, unless, within 30 days after the final publication of the resolution, a petition is filed with the city clerk which has been signed by a number of registered voters of the city which is not less than 15 percent of the registered voters of the city, as shown by the last preceding registration list, who own not less than 10 percent in assessed value of the taxable property within the city, as shown by the last preceding tax list or assessment roll, and which prays for the submission of the question of the enactment of the proposed ordinance at a special election or the next primary or general municipal election or primary or general state election. Upon the filing of that petition, the proposed ordinance may not be enacted or be effective for any purpose unless, at a special election or primary or general municipal election or primary or general state election, a majority of the votes which are cast in that election are cast in favor of the enactment of the ordinance.

5. A special election may be held only if the city council determines, by a unanimous vote, that an emergency exists. The determination made by the city council is conclusive unless it is shown that the city council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the city council must be commenced within 15 days after the city council's determination is final. As used in this subsection, "emergency" means any unexpected occurrence or combination of occurrences which requires immediate action by the city council to prevent or mitigate a substantial financial loss to the city or to enable the city council to provide an essential service to the residents of the city.

6. If the proposed ordinance is adopted, without an election or as a result of an election, the city council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties which are needed in connection with that public utility.

Sec. 6.010 Local improvement law. [The] Except as otherwise provided in subsection 2 of section 2.300 and section 2.315, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize, in addition to the projects authorized by chapter 271 of NRS:

1. Street lighting projects;

2. Underground electric and communication facilities; and

3. Any combination of those projects.

Sec. 2.285 Franchises for the provision of telecommunications service. The city council shall not:

1. Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

2. Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.

3. Require a person who holds a franchise for the provision of telecommunications service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the city.

4. As used in this section:

(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 2.280 Powers of city council: Provision of utilities.

1. [The] Except as otherwise provided in subsection 3 and section 2.285, the city council may:

(a) Provide, by contract, franchise and public enterprise, for any utility to be furnished to the city for residents located either within or without the city.

(b) Provide for the construction and maintenance of any facilities necessary for the provision of all such utilities.

(c) Prescribe, revise and collect rates, fees, tolls and charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking. Notwithstanding any provision of this charter to the contrary or in conflict herewith, no rates, fees, tolls or charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking may be prescribed, revised, amended or altered, increased or decreased, without this procedure first being followed:

(1) There must be filed with the city clerk schedules of rates, fees, tolls or charges which must be open to public inspection, showing all rates, fees, tolls or charges which the city has established and which are in force at the time for any service performed or product furnished in connection therewith by any utility controlled and operated by the city.

(2) No changes may be made in any schedule so filed with the city clerk except upon 30 days' notice to the inhabitants of the city and a public hearing held thereon. Notice of [such a] the proposed change or changes must be given by at least two publications in a newspaper published in the city during the 30-day period before the hearing thereon.

(3) At the time set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.

(4) Every utility operated by the city shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.

(d) Provide, by ordinance, for an additional charge to each customer within the city to which water is provided by a utility of up to 25 cents per month. If such a charge is provided for, the city council shall, by ordinance, provide for the expenditure of that money for any purpose relating to the beautification of the city.

2. Any charges due for services, facilities or commodities furnished by the city or by any utility operated by the city [under] pursuant to this section is a lien upon the property to which the service is rendered and must be perfected by filing with the county recorder of Clark County of a statement by the city clerk stating the amount due and unpaid and describing the property subject to the lien. Each such lien must:

(a) Be coequal with the latest lien thereon to secure the payment of general taxes.

(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

3. The city council:

(a) Shall not sell telecommunications service to the general public.

(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

4. Any information relating to the study conducted pursuant to subsection 3 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

5. Notwithstanding the provisions of paragraph (a) of subsection 3, an airport may sell telecommunications service to the general public.

6. As used in this section:

(a) "Telecommunications" has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 6.010 Local improvement law. [The] Except as otherwise provided in subsection 3 of section 2.280 and section 2.285, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Library, park or recreation projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground electric and communication facilities;

12. Underpass projects; and

13. Water projects.

Sec. 7.020 Acquisition, operation of municipal utilities. [The] Except as otherwise provided in subsection 3 of section 2.280 and section 2.285, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

Sec. 2.150 Franchises for the provision of telecommunications service. The city council shall not:

1. Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

2. Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.

3. Require a person who holds a franchise for the provision of telecommunications service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the city.

4. As used in this section:

(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 2.140 General powers of city council. [The]

1. Except as otherwise provided in subsection 2 and section 2.150, the city council may:

[1.] (a) Acquire, control, improve and dispose of any real or personal property for the use of the city, its residents and visitors.

[2.] (b) Regulate and impose a license tax for revenue upon all businesses, trades and professions.

[3.] (c) Provide grant franchises for public transportation and utilities.

[4.] (d) Appropriate money for advertising and publicity and for the support of a municipal band.

[5.] (e) Enact and enforce any police, fire, traffic, health, sanitary or other measure which does not conflict with the general laws of the State of Nevada.

[6.] (f) Fix the rate to be paid for any utility service provided by the city as a public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and is perfected by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Any such lien is:

[(a)] (1) Coequal with the latest lien upon the property to secure the payment of general taxes.

[(b)] (2) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

[(c)] (3) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

2. The city council:

(a) Shall not sell telecommunications service to the general public.

(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

3. Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

5. As used in this section:

(a) "Telecommunications" has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 6.010 Local improvement law. [The] Except as otherwise provided in subsection 2 of section 2.140 and section 2.150, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:

1. Curb and gutter projects;

2. Drainage projects;

3. Offstreet parking projects;

4. Overpass projects;

5. Park projects;

6. Sanitary sewer projects;

7. Security walls;

8. Sidewalk projects;

9. Storm sewer projects;

10. Street projects;

11. Underground electric and communication facilities;

12. Underpass projects; and

13. Water projects.

Sec. 7.020 Acquisition, operation of municipal utilities. [The] Except as otherwise provided in subsection 2 of section 2.140 and section 2.150, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality of subdivision thereof.

Sec. 2.115 Franchises for the provision of telecommunications service. The city council shall not:

1. Impose any terms or conditions on a franchise for the provision of telecommunications service or interactive computer service other than terms or conditions concerning the placement and location of the telephone or telegraph lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

2. Require a company that provides telecommunications service or interactive computer service to obtain a franchise if it provides telecommunications service over the telephone or telegraph lines owned by another company.

3. Require a person who holds a franchise for the provision of telecommunications service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the city.

4. As used in this section:

(a) "Interactive computer service" has the meaning ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 2.110 Powers of the city council: Provisions for utilities. [The]

1. Except as otherwise provided in subsection 2 and section 2.115, the city council may:

[1.] (a) Provide by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

[2.] (b) Provide for the construction of any facility necessary for the provisions of such utility.

[3.] (c) Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and [shall] must be performed by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien [shall:

(a)] must:

(1) Be coequal with the latest lien thereon to secure the payment of general taxes.

[(b)] (2) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

[(c)] (3) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

2. The city council:

(a) Shall not sell telecommunications service to the general public.

(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

3. Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.

4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

5. As used in this section:

(a) "Telecommunications" has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on the effective date of this act.

(b) "Telecommunications service" has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on the effective date of this act.

Sec. 6.010 Local improvement law. [The] Except as otherwise provided in subsection 2 of section 2.110 and section 2.115, the city council, on behalf of the city, without any election, may acquire, improve, equip, operate and maintain underground facilities for electricity and communication.

Sec. 7.020 Acquisition, operation of municipal utilities. [The] Except as otherwise provided in subsection 2 of section 2.110 and section 2.115, the city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

"SUMMARY--Revises provisions governing authority of certain local governments to regulate and impose fees on certain utilities and provide services of certain utilities. (BDR 31-909)".

Assembly Bill No. 576.
The following Senate amendment was read:
Amendment No. 1188.
Amend sec. 2, page 2, line 10, after "inclusive," by inserting:
"[and] section 13 of [this act] Senate Bill No. 473 of this session".
Amend sec. 6, page 3, line 19, by deleting "5" and inserting "10".
Amend the bill as a whole by adding a new section designated sec. 12, following sec. 11, to read as follows:
"Sec. 12. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1997.".
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 576.
Remarks by Assemblyman Bache.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 581.
The following Senate amendment was read:
Amendment No. 1163.
Amend section 1, page 1, by deleting lines 4 through 6 and inserting:
"with, acquire through a subsidiary or affiliate, or otherwise obtain control of a public utility subject to the provisions of NRS 704.005 to 704.751, inclusive, without first".
Amend section 1, page 1, line 12, by deleting:
"doing business in this state," and inserting:
"subject to the provisions of NRS 704.005 to 704.751, inclusive,".
Amend section 1, page 2, by deleting lines 2 through 5 and inserting:
"a public utility subject to the provisions of NRS 704.005 to 704.751, inclusive, if a transfer of not more than 25 percent of the common stock of such a public utility is proposed.".
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 581.
Remarks by Assemblyman Bache.
Motion carried.
The following Senate amendment was read:
Amendment No. 1199.
Amend section 1, page 1, by deleting lines 4 through 6 and inserting:
"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".
Amend section 1, page 1, by deleting line 11 and inserting:
"public utility doing business in this state,".
Amend section 1, page 2, by deleting lines 2 through 4 and inserting:
"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.".
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 581.
Remarks by Assemblyman Bache.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 570.
The following Senate amendment was read:
Amendment No. 1194.
Amend sec. 7, page 3, between lines 7 and 8, by inserting:
"The governing body shall provide to each owner of an affected tract of land a copy of the notice served upon the association pursuant to this subsection.".
Assemblyman Goldwater moved that the Assembly concur in the Senate amendment to Assembly Bill No. 570.
Remarks by Assemblyman Goldwater.
Motion carried.
Bill ordered enrolled.

Mr. Speaker:
The First Committee on Conference concerning Assembly Bill No. 208, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Senate be concurred in.
It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 21, which is attached to and hereby made a part of this report.

Assemblyman Perkins moved that the Assembly recess until 4:00 p.m.
Motion carried.

Assembly in recess at 2:28 p.m.

At 4:46 p.m.
Mr. Speaker presiding.
Quorum present.

Richard Perkins,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 137, 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 Infrastructure, to which was referred Senate Bill No. 494, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

David Goldwater,

Chairman

Assemblyman Bache moved that Senate Bill No. 312 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Motion carried.

Assembly Bill No. 415.
The following Senate amendment was read:
Amendment No. 1208.
Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 29 NRS 484.221 is hereby amended to read as follows:
484.221 [1.] The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop [such] his vehicle at the scene of [such] the accident or , if his vehicle is obstructing traffic, at a location as close thereto as possible [,] that does not obstruct traffic, and shall forthwith return to and [in every event shall] remain at the scene of [such] the accident until he has fulfilled the requirements of NRS 484.223.
[2. Every such stop shall be made without obstructing traffic more than is necessary.]".
Amend section 1, page 1, line 5, by deleting "paved or" and inserting:
"paved , [or]".
Amend section 1, page 2, by deleting lines 3 through 11 and inserting:
"(c) The person in charge of the vehicle is unable to provide for its custody or removal within:
(1) Twenty-four hours after abandoning the vehicle on any freeway, United States highway or other primary arterial highway.
(2) Seventy-two hours after abandoning the vehicle on any other highway.".
Amend the title of the bill to read as follows:

"AN ACT relating to traffic laws; revising provisions governing the movement of a vehicle that is unattended, disabled or involved in an accident; and providing other matters properly relating thereto.".

"SUMMARY--Revises provisions governing movement of vehicle that is unattended, disabled or involved in an accident. (BDR 43-975)".

Assembly Bill No. 536.
The following Senate amendment was read:
Amendment No. 1182.
Amend section 1, page 1, by deleting lines 14 through 16 and inserting:
"(h) All boats;
(i) Slide-in campers and camper shells; [and]
(j) Computers and related equipment donated for use in schools in this state [.] ; and
(k) Fine art for public display.".
Amend section 1, page 1, line 17, by deleting "(j)" and inserting "(k)".
Amend section 1, page 1, line 21, by deleting "and ".
Amend section 1, page 2, line 3, by deleting "claimed." and inserting:
"claimed; and
(c) Will be available for educational purposes.".
Amend section 1, page 2, line 13, by deleting "and ".
Amend section 1, page 2, line 16, by deleting "claimed." and inserting:
"claimed; and
(4) Is available for educational purposes.".
Amend sec. 2, page 2, line 29, by deleting "and ".
Amend sec. 2, page 2, by deleting line 33 and inserting:
"purchased; and
(d) Will be available for educational purposes.".
Amend sec. 3, page 2, by deleting line 34 and inserting:
"Sec. 3. 1. This section and section 2 of this act become effective on July 1, 1997.
2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1997.".
Assemblyman Price moved that the Assembly concur in the Senate amendment to Assembly Bill No. 536.
Remarks by Assemblyman Price.
Motion carried.
Bill ordered enrolled.

Mr. Speaker announced that if there were no objections, the Assembly would recess until 6:15 p.m.
Motion carried.

Assembly in recess at 5:13 p.m.

At 8:52 p.m.
Mr. Speaker presiding.
Quorum present.

Vonne Chowning,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Senate Bill No. 319, 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 referred Senate Bills Nos. 196, 200, 361, 432, 433, 470, 491, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry, Jr.,

Chairman

Senate Chamber, Carson City, July 6, 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. 137, 146, 165, 268, 298, 447.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bills Nos. 147, 211 and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly amendments to Senate Bills Nos. 211, 218, 327, 375, 460.
Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the First Committee on Conference concerning Assembly Bill No. 208.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 525 and requests a conference, and appointed Senators O'Connell, Rhoads and Regan as a First Committee on Conference to meet with a like committee of the Assembly.
Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the First Committee on Conference concerning Senate Bill No. 356.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly amendment to Senate Bill No. 315.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 387.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended Senate Bills Nos. 144, 474.
Also, I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 173, 214, 454, 661.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended Assembly Bill No. 356.
Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the First Committee on Conference concerning Senate Bill No. 148.
Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the First Committee on Conference concerning Senate Bill No. 209.
Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the First Committee on Conference concerning Senate Bill No. 398.
Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the First Committee on Conference concerning Senate Bill No. 489.

Mary Jo Mongelli

Assistant Secretary of the Senate

Mr. Speaker:
The First Committee on Conference concerning Senate Bill No. 209, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in. It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 20, which is attached to and hereby made a part of this report.
Vivian L. Freeman Raymond D. Rawson Mark Manendo William R. O'DonnellPat HickeyBob CoffinAssembly Committee on ConferenceSenate Committee on Conference
Conference Amendment No. 20
Amend section 1, page 1, by deleting lines 3 and 4 and inserting:
"1. The department, through the division of health care financing and policy, shall pay, under the state plan for Medicaid:".
Amend section 1, page 1, line 9, by deleting:
"assistance to the medically indigent." and inserting "Medicaid.".
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. Senate Bill No. 427 of this session is hereby amended by adding a new section designated sec. 90, following sec. 89, to read as follows:
Sec. 90. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to the "welfare division of the department of human resources" to the "division of health care financing and policy within the department of human resources" in order to carry out the provisions of this act.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any reference to the "welfare division of the department of human resources" to the "division of health care financing and policy within the department of human resources."
Sec. 3. Assembly Bill No. 13 of this session is hereby amended by adding a new section designated sec. 40, following sec. 39, to read as follows:
Sec. 40. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to "assistance to the medically indigent" to "Medicaid."
2. In preparing supplements to the Nevada Administrative Code, appropriately change any reference to "assistance to the medically indigent" to "Medicaid" ".
Amend the bill as a whole by adding a new section designated sec. 5, following sec. 2, to read as follows:
"Sec. 5. 1. This section and sections 2 and 3 of this act become effective upon passage and approval.
2. Sections 1 and 4 of this act become effective on October 1, 1997.".
Amend the title of the bill by deleting the first through third lines and inserting:
"AN ACT relating to Medicaid; requiring the department of human resources to pay licensed providers of hospice care for services for hospice care provided to persons who are eligible for Medicaid; and providing other".
Assemblyman Manendo moved to adopt the report of the First Committee on Conference concerning Senate Bill No. 209.
Remarks by Assemblyman Manendo.
Motion carried.

Mr. Speaker:
The First Committee on Conference concerning Senate Bill No. 356, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in. It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 19, which is attached to and hereby made a part of this report.
Merle Berman William Raggio Kathleen A. Von Tobel Randolph J. TownsendJoseph M. Neal, Jr.Assembly Committee on ConferenceSenate Committee on Conference
Conference Amendment No. 19
Amend sec. 48, page 27, by deleting lines 8 through 12 and inserting:
"2. Every applicant for certification by the state library and archives administrator shall submit with his application a complete set of his fingerprints and written permission authorizing the state library and archives administrator to forward the fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report. The state library and archives administrator may issue a".
Amend sec. 132, pages 61 and 62, by deleting line 44 on page 61 and lines 1 and 2 on page 62 and inserting:
"automobile wreckers, body shops and garages.
3. A licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.
4. A license expires on April 30 of each year.
5. A licensee may renew his license by submitting to the department:".
Amend sec. 134, page 62, by deleting lines 22 and 23 and inserting:
"2. A licensee shall post the license in a conspicuous place clearly visible to the general public at the business address set forth on the license.
3. A license expires on April 30 of each year.
4. A licensee may renew his license by submitting to the department:".
Amend sec. 135, page 62, line 32, by deleting "evidence" and inserting "demonstrate".
Amend sec. 135, page 62, line 33, by deleting:
"become an operator of" and inserting "operate".
Amend sec. 135, page 62, lines 38 and 39, by deleting:
"wreckers and body shops." and inserting:
"wreckers, body shops and garages.".
Amend sec. 135, page 63, by deleting lines 1 and 2 and inserting:
"4. Upon receipt of the license, the operator shall post the license in a conspicuous place clearly visible to the general public in the body shop and include the license number on all".
Amend sec. 519, page 207, line 3, by deleting:
"132, 134, 135,".
Amend sec. 519, page 207, line 6, after "3." by inserting:
"Sections 132, 134 and 135 of this act become effective at 12:02 a.m. on October 1, 1997.
4.".
Assemblywoman Von Tobel moved to adopt the report of the First Committee on Conference concerning Senate Bill No. 356.
Remarks by Assemblywoman Von Tobel.
Motion carried.

Mr. Speaker:
The First Committee on Conference concerning Senate Bill No. 398, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be concurred in.

Marcia de Braga John B. Regan PM Roy Neighbors Ernest E. Adler
John C. Carpenter Mike McGinness Assembly Committee on Conference Senate Committee on Conference

Assemblywoman de Braga moved to adopt the report of the First Committee on Conference concerning Senate Bill No. 398.
Remarks by Assemblywoman de Braga.
Motion carried.

Mr. Speaker:
The First Committee on Conference concerning Senate Bill No. 489, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Assembly be receded from.

Morse Arberry Jr. William J. Raggio John W. Marvel William R. O'Donnell
Lynn C. Hettrick Bernice Mathews Assembly Committee on Conference Senate Committee on Conference

Assemblyman Arberry moved to adopt the report of the First Committee on Conference concerning Senate Bill No. 489.
Remarks by Assemblyman Arberry.
Motion carried.

Wendell P. Williams,

Chairman

"AN ACT relating to motor carriers; revising the provisions governing unlawful advertising by fully regulated carriers; authorizing the public service commission of Nevada to petition a court of competent jurisdiction for an injunction prohibiting a person from continuing to engage in certain advertising relating to those carriers; providing a penalty; and providing other matters properly relating thereto.".

"SUMMARY--Revises provisions governing unlawful advertising by fully regulated motor carriers. (BDR 58-1755)".

Senate Bill No. 312.
Bill read third time.
Remarks by Assemblymen Bache, Giunchigliani, Tiffany, Williams, Perkins, Lee and Lambert.
Roll call on Senate Bill No. 312:
Yeas -- 40.
Nays -- Lee.
Excused -- Freeman.
Senate Bill No. 312 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

"AN ACT relating to public education; authorizing the formation of charter schools; restricting the number of charter schools that may be formed in certain counties; providing an exception from the limitation for charter schools that provide educational services to pupils who are at risk; authorizing the board of trustees of school districts to sponsor charter schools; prescribing the process by which an application to form a charter school is submitted and approved; providing for the financial support of charter schools; exempting charter schools from certain statutes applicable to public schools; providing a penalty; and providing other matters properly relating thereto.".

Wendell P. Williams,

Chairman

Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 9:28 p.m.

At 10:25 p.m.
Mr. Speaker presiding.
Quorum present.

Assemblyman Perkins moved that Senate Bills Nos. 220, 444 be placed on the General File.
Motion carried.

Senate Bill No. 387.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 474.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.

Assembly Bill No. 211.
The following Senate amendments was read:
Amendment No. 1141.
Amend section 1, page 1, line 1, by deleting "55" and inserting "52".
Amend section 1, page 1, line 2, by deleting "24," and inserting "16,".
Amend sec. 4, page 1, line 10, by deleting "travelers" and inserting "traveler's".
Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:
"Sec. 5.5. "Commissioner" means the commissioner of financial institutions.".
Amend the bill as a whole by deleting sections 8 through 26 and adding new sections designated sections 8 through 19, following sec. 7, to read as follows:
"Sec. 8. "Registrant" means a person who has been issued a certificate of registration to operate a check-cashing or deferred deposit service pursuant to this chapter.
Sec. 8.5. The commissioner shall adopt regulations to carry out the provisions of this chapter.
Sec. 9. 1. Except as otherwise provided in subsection 2, it is unlawful to operate a check-cashing or deferred deposit service without being registered with the commissioner.
2. The provisions of this chapter do not apply to:
(a) A person doing business pursuant to the authority of any law of this state or of the United States relating to banks, savings banks, trust companies, savings and loan associations, credit unions, development corporations, mortgage companies, thrift companies, pawnbrokers or insurance companies.
(b) A person licensed to make installment loans pursuant to chapter 675 of NRS.
(c) A person who is primarily engaged in the retail sale of goods or services who:
(1) As an incident to or independently of a retail sale or service from time to time cashes checks for a fee or other consideration of not more than $2; and
(2) Does not hold himself out as a check-cashing service.
(d) A person while performing any act authorized by a license issued pursuant to chapter 671 of NRS.
(e) A person who holds a nonrestricted gaming license issued pursuant to chapter 463 of NRS while performing any act in the course of that licensed operation.
Sec. 10. 1. An application for registration pursuant to this chapter must be made in writing, under oath and on a form prescribed by the commissioner. The application must include:
(a) If the applicant is a natural person, the name and address of the applicant.
(b) If the applicant is a business entity, the name and address of each:
(1) Partner:
(2) Officer;
(3) Director;
(4) Manager or member who acts in a managerial capacity; and
(5) Registered agent,
of the business entity.
(c) Such other information concerning the financial responsibility, background, experience and activities of the applicant and its:
(1) Partners;
(2) Officers;
(3) Directors; and
(4) Managers or members who act in a managerial capacity,
as the commissioner determines is necessary.
(d) The address of each location at which the applicant proposes to do business.
(e) If the applicant intends to provide deferred deposit services in addition to check-cashing services, a statement of that intent.
2. Each application for registration must be accompanied by a nonrefundable registration fee of $250.
Sec. 11. 1. Except as otherwise provided in section 12 of this act, each application for registration must be accompanied by a surety bond payable to the State of Nevada in the amount of $50,000 for the use and benefit of any customer receiving the registrant's check-cashing or deferred deposit service.
2. The bond must be in a form satisfactory to the commissioner, issued by a bonding company authorized to do business in this state and must secure the faithful performance of the obligations of the registrant respecting the provision of the check-cashing or deferred deposit service.
3. A registrant shall, within 10 days after the commencement of any action or notice of entry of any judgment against him by any creditor or claimant arising out of business regulated by this chapter, give notice thereof to the commissioner by certified mail with details sufficient to identify the action or judgment. The surety shall, within 10 days after it pays any claim or judgment to a creditor or claimant, give notice thereof to the commissioner by certified mail with details sufficient to identify the creditor or claimant and the claim or judgment so paid.
4. Whenever the principal sum of the bond is reduced by recoveries or payments thereon, the registrant shall furnish:
(a) A new or additional bond so that the total or aggregate principal sum of the bonds equals the sum required pursuant to subsection 1; or
(b) An endorsement, duly executed by the surety, reinstating the bond to the required principal sum.
5. The liability of the surety on the bond to a creditor or claimant is not affected by any misrepresentation, breach of warranty, failure to pay a premium or other act or omission of the registrant, or by any insolvency or bankruptcy of the registrant.
6. The liability of the surety continues as to all transactions entered into in good faith by the creditors and claimants with the registrant's agents within 30 days after:
(a) The registrant's death or the dissolution or liquidation of his business; or
(b) The termination of the bond,
whichever event occurs first.
7. A registrant or his surety shall not cancel or alter a bond except after notice to the commissioner by certified mail. The cancellation or alteration is not effective until 10 days after receipt of the notice by the commissioner. A cancellation or alteration does not affect any liability incurred or accrued on the bond before the expiration of the 30-day period designated in subsection 6.
Sec. 12. 1. In lieu of any surety bond, or any portion of the principal sum thereof as required by this chapter, a registrant may deposit with the state treasurer or with any bank or trust company authorized to do business in this state as the registrant may select, with the approval of the commissioner:
(a) Interest-bearing stocks;
(b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or
(c) Any obligation of this state or any city, county, town, township, school district or other instrumentality of this state or guaranteed by this state,
in an aggregate amount of, based upon principal amount or market value, whichever is lower, of not less than the amount of the required surety bond or portion thereof.
2. The securities must be held to secure the same obligation as would the surety bond, but the depositor may receive any interest or dividends and, with the approval of the commissioner, substitute other suitable securities for those deposited.
Sec. 13. 1. The commissioner shall issue to each registrant a certificate of registration in such form and size as is prescribed by the commissioner for each location at which the registrant proposes to do business. Each certificate of registration must show the name and address of the registrant.
2. Each registrant shall prominently display his certificate of registration at the location where he does business.
Sec. 14. 1. A certificate of registration issued pursuant to this chapter expires annually on the anniversary of the issuance of the certificate. A registrant must renew his certificate of registration on or before the date on which the certificate expires by paying a renewal fee of $250 and an additional fee of $50 for each branch location at which the registrant is authorized to operate under the certificate of registration.
2. For the purposes of section 9 of this act, a registrant who fails to renew his certificate of registration within the time required by this section is not registered pursuant to this chapter.
Sec. 15. 1. A registrant shall immediately notify the commissioner of any change of control of the registrant.
2. A person who acquires stock, partnership or member interests resulting in a change of control of the registrant shall apply to the commissioner for approval of the transfer. The application must contain information which shows that the requirements of this chapter for obtaining a certificate of registration will be satisfied after the change of control. If the commissioner determines that those requirements will not be satisfied, he may deny the application and forbid the applicant from participating in the business of the registrant.
3. As used in this section, "change of control" means:
(a) A transfer of voting stock, partnership or member interests which results in giving a person, directly or indirectly, the power to direct the management and policy of a registrant; or
(b) A transfer of at least 25 percent of the outstanding voting stock, partnership or member interests of the licensee.
Sec. 16. A registrant shall:
1. Post in a conspicuous place in every location at which he conducts business under his certificate of registration a notice that states the fees charged for cashing checks or entering into a deferred deposit transaction.
2. Give written notice to each customer of the fees charged for cashing checks or entering into a deferred deposit transaction. The notice must be signed by the customer before any such services are provided.
Sec. 16.5. The commissioner of financial institutions shall adopt the regulations required by section 8.5 of this act not later than July 1, 1998.
Sec. 17. The provisions of this act do not apply to offenses that are committed before July 1, 1998.
Sec. 18. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 19. This act becomes effective upon passage and approval, for the purpose of adopting the regulations necessary to carry out the provisions of this act, and on July 1, 1998, for all other purposes.".
Amend the title of the bill by deleting the first through third lines and inserting:

"AN ACT relating to financial services; requiring the registration of persons who provide check-cashing and deferred deposit services; requiring the commissioner of financial institutions to adopt regulations governing those persons; providing a penalty; and providing other".

"SUMMARY--Requires registration of persons who provide check-cashing and deferred deposit services. (BDR 52-1322)".

Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 10:36 p.m.

At 11:42 p.m.
Mr. Speaker presiding.
Quorum present.

Vivian L. Freeman,

Chairman

Senate Chamber, Carson City, July 6, 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. 371, 540, 596.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended Assembly Bills Nos. 414, 464, 484, 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 passed Assembly Joint Resolution No. 17.

Mary Jo Mongelli

Assistant Secretary of the Senate

Assembly Bill No. 356.
The following Senate amendment was read:
Amendment No. 1206.
Amend sec. 3, page 3, line 38, by deleting "including" and inserting:
"including, without limitation,".
Amend sec. 3, page 3, line 41, by deleting "child's welfare;" and inserting:
"welfare of the child;".
Amend sec. 3, page 4, by deleting line 7 and inserting:
"(g) The guardian ad litem of the child;".
Amend sec. 3, page 4, line 28, by deleting "[or".
Amend sec. 3, page 4, line 29, before "(n)]" by inserting an open bracket.
Amend sec. 3, page 4, by deleting line 37 and inserting:
"alleged to have committed the abuse or neglect; [or
(o)] (q) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court [.".
Amend sec. 3, page 4, line 39, by deleting "(q)" and inserting "(r)".
Amend sec. 3, page 5, by deleting lines 19 and 20 and inserting:
"5. Any person, except for:
(a) The subject of a report;
(b) A district attorney or other law enforcement officer initiating legal proceedings; or
(c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135,
who is given".
Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:
"Sec. 5.5. Section 2 of Senate Bill No. 205 of this session is hereby amended to read as follows:

Sec. 2. NRS 432B.290 is hereby amended to read as follows:

432B.290 1. [Data] Except as otherwise provided in subsection 2 or 5, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

(a) A physician who has before him a child who he reasonably believes may have been abused or neglected;

(b) A person authorized to place a child in protective custody , if he has before him a child who he reasonably believes may have been abused or neglected and he requires the information to determine whether to place the child in protective custody;

(c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

(1) The child; or

(2) The person responsible for the welfare of the child;

(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of abuse or neglect of a child;

(e) [Any] A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

(f) A person engaged in bona fide research or an audit, but [any] information identifying the subjects of a report must not be made available to him;

(g) The guardian ad litem of the child;

(h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

(i) An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;

(j) A person who or an organization that has entered into a written agreement with an agency which provides protective services to provide assessments or services and that has been trained to make such assessments or provide such services;

(k) A team organized for the protection of a child pursuant to NRS 432B.350;

(l) A team organized pursuant to NRS 432B.405 to review the death of a child;

(m) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;

(n) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;

(o) An agency [which] that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

(p) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized, by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency [which] that provides protective services if:

(1) The identity of the person making the report is kept confidential; and

(2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect;

(q) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court; or

(r) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides protective services or to a law enforcement agency.

2. Except as otherwise provided in subsection 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available to any member of the general public if the child who is the subject of the report dies or is critically injured as a result of alleged abuse or neglect, except that the data or information which may be disclosed is limited to:

(a) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;

(b) Whether an investigation has been initiated pursuant to NRS 432B.260, and the result of a completed investigation; and

(c) Such other information authorized for disclosure by a court pursuant to subsection 4.

3. An agency which provides protective services shall not disclose data or information pursuant to subsection 2 if the agency determines that the disclosure of the information would adversely affect any pending investigation concerning the report.

4. Upon petition, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to subsection 2 if good cause is shown by the petitioner for the disclosure of the additional information.

5. An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

(a) A copy of:

(1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

(b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.

6. Any person, except for:

(a) The subject of a report;

(b) A district attorney or other law enforcement officer initiating legal proceedings; or

(c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135,

who is given access, pursuant to subsection 1 or 2, to information identifying the subjects of a report who makes this information public is guilty of a misdemeanor.

[6.] 7. The division of child and family services shall adopt regulations to carry out the provisions of this section.".

Assembly Bill No. 437.
The following Senate amendment was read:
Amendment No. 1043.
Amend sec. 8, page 4, by deleting lines 5 and 6 and inserting:
"account at the end of a fiscal year in excess of $2,000,000 must be transferred to the state general fund. Money in the account may be transferred to the secretary of ".
Amend the bill as a whole by deleting sections 11 through 14 and the text of the repealed section and adding new sections designated sections 11 through 41, and the leadlines of repealed sections, following sec. 10, to read as follows:
"Sec. 11. Chapter 78 of NRS is hereby amended by adding thereto a new section to read as follows:
An incorporator or officer of a corporation may authorize the secretary of state in writing to replace any page of a document submitted for filing on an expedited basis, before the actual filing, and to accept the page as if it were part of the originally signed filing. The signed authorization of the incorporator or officer to the secretary of state permits, but does not require, the secretary of state to alter the original document as requested.
Sec. 12. NRS 78.039 is hereby amended to read as follows:
78.039 1. The [secretary of state shall refuse to accept for filing the articles of incorporation of any corporation whose name is the same as or deceptively similar to the name of a corporation, limited partnership or limited-liability company existing under the laws of this state or a foreign corporation, foreign limited partnership or foreign limited-liability company authorized to transact business in this state, or a name to which the exclusive right is, at the time, reserved in the manner provided under the laws of this state,] name proposed for a corporation must be distinguishable from the names of all other artificial persons organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose names are on file in the office of the secretary of state. If a proposed name is not so distinguishable, the secretary of state shall return the articles of incorporation containing the proposed name to the incorporator, unless the written acknowledged consent of the holder of the registered or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.
2. For the purposes of this section [,] and NRS 78.040, a proposed name is not distinguished from a registered or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trade-mark or a trade name or any combination of these.
3. The name of a corporation whose charter has been revoked, whose existence has terminated, which has merged and is not the surviving corporation, or which for any other reason is no longer in good standing in this state is available for use by any other artificial person.
Sec. 13. NRS 78.150 is hereby amended to read as follows:
78.150 1. [Each] A corporation organized under the laws of this state shall, [within 60 days] on or before the first day of the second month after the filing of its articles of incorporation with the secretary of state, [and annually thereafter on or before the last day of the month in which the anniversary date of its incorporation occurs in each year,] file with the secretary of state a list [of its president, secretary and treasurer and all of its directors and a designation of its resident agent in this state, signed by an officer of the corporation.
2. Upon filing the list of officers and directors and designation of resident agent,] , on a form furnished by him, containing:
(a) The name of the corporation;
(b) The file number of the corporation, if known;
(c) The names and titles of all of its required officers and the names of all of its directors;
(d) The mailing or street address, either residence or business, of each officer and director listed, following the name of the officer or director; and
(e) The signature of an officer of the corporation certifying that the list is true, complete and accurate.
2. The corporation shall annually thereafter, on or before the last day of the month in which the anniversary date of incorporation occurs in each year, file with the secretary of state, on a form furnished by him, an amended list containing all of the information required in subsection 1. If the corporation has had no changes in its required officers and directors since its previous list was filed, no amended list need be filed if an officer of the corporation certifies to the secretary of state as a true and accurate statement that no changes in the required officers or directors has occurred.
3. Upon filing a list of officers and directors, or certifying that no changes have occurred, the corporation shall pay to the secretary of state a fee of $85.
[3.] 4. The secretary of state shall, 60 days before the last day for filing the annual list required by subsection [1,] 2, cause to be mailed to each corporation which is required to comply with the provisions of NRS 78.150 to 78.185, inclusive, and which has not become delinquent, [the blank forms to be completed and filed with him.] a notice of the fee due pursuant to subsection 3 and a reminder to file a list of officers and directors or a certification of no change. Failure of any corporation to receive [the forms] a notice or form does not excuse it from the penalty imposed by law.
[4.] 5. If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective in any respect or the fee required by subsection 3 is not paid, the secretary of state may return the list for correction or payment.
6. An annual list for a corporation not in default which is received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year.
Sec. 14. NRS 78.180 is hereby amended to read as follows:
78.1801. Except as otherwise provided in subsections 3 and 4, the secretary of state shall reinstate a corporation which has forfeited its right to transact business under the provisions of this chapter and restore to the corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities, if it:
(a) Files with the secretary of state the list [and designation] required by NRS 78.150; and
(b) Pays to the secretary of state:
(1) The annual filing fee and penalty set forth in NRS 78.150 and 78.170 for each year or portion thereof during which its charter was revoked; and
(2) A fee of $50 for reinstatement.
2. When the secretary of state reinstates the corporation, he shall:
(a) Immediately issue and deliver to the corporation a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and
(b) Upon demand, issue to the corporation one or more certified copies of the certificate of reinstatement.
3. The secretary of state shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees and penalties.
4. If a corporate charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.
Sec. 15. NRS 78.185 is hereby amended to read as follows:
78.185 1. Except as otherwise provided in subsection 2, if a [corporation's charter is revoked under the provisions of this chapter or any previous act of the legislature of Nevada and the name of the corporation, or one deceptively similar to it,] corporation applies to reinstate or revive its charter but its name has been legally acquired by another corporation [, a limited partnership or a limited-liability company existing under the laws of this state or a foreign corporation, foreign limited partnership or foreign limited-liability company authorized to transact business in this state, or is a name, the exclusive right to which has been reserved in the manner provided under the laws of this state, before the application of the defaulting corporation for reinstatement, the defaulting] or other artificial person organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose name is on file and in good standing with the secretary of state, the corporation shall in its application for reinstatement submit in writing to the secretary of state some other name under which it desires its corporate existence to be reinstated [.] or revived. If that name is [sufficiently distinctive and different from any name] distinguishable from all other names reserved or otherwise [in use,] on file and in good standing, the secretary of state shall issue to the [defaulting] applying corporation a certificate of reinstatement or revival under that new name.
2. If the [defaulting] applying corporation submits the written acknowledged consent of the [corporation, limited partnership or limited-liability company using a] artificial person having a name, or the person who has reserved a name, which is [the same as or similar to the defaulting corporation's] not distinguishable from the old name of the applying corporation or a new name it has submitted, it may be reinstated or revived under that name.
3. For the purposes of this section, a proposed name is not distinguished from a name used or reserved solely because one or the other contains distinctive lettering, a distinctive mark, a trade-mark or a trade name or any combination of those.
Sec. 16. NRS 78.755 is hereby amended to read as follows:
78.7551. The secretary of state, for services relating to his official duties and the records of his office, shall charge and collect the fees designated in NRS 78.760 to 78.785, inclusive.
2. The secretary of state may accept the filing of documents by [telecopier] facsimile machine and employ new technology, as it is developed, to aid in the performance of all duties required by law. The secretary of state may establish rules, fee schedules and regulations not inconsistent with law, for filing documents by [telecopier] facsimile machine and for the adoption, employment and use of new technology in the performance of his duties.
Sec. 17. Chapter 82 of NRS is hereby amended by adding thereto a new section to read as follows:
An incorporator or officer of a corporation may authorize the secretary of state in writing to replace any page of a document submitted for filing on an expedited basis, before the actual filing, and to accept the page as if it were part of the originally signed filing. The signed authorization of the incorporator or officer to the secretary of state permits, but does not require, the secretary of state to alter the original document as requested.
Sec. 18. NRS 82.096 is hereby amended to read as follows:
82.096 1. The [secretary of state shall refuse to accept for filing the articles of any corporation whose name is the same as or deceptively similar to the name of a for-profit or nonprofit corporation, limited partnership or limited-liability company existing under the laws of this state or a foreign corporation, foreign limited partnership or foreign limited-liability company authorized to transact business in this state or a name to which the exclusive right is, at the time, reserved in the manner provided under the laws of this state,] name of a corporation must be distinguishable from the names of all other artificial persons organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose names are on file in the office of the secretary of state. If a proposed name is not so distinguishable, the secretary of state shall return the articles of incorporation containing it to the incorporator, unless the written acknowledged consent of the holder of the registered or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.
2. For the purposes of this section [,] and NRS 82.101, a proposed name is not distinguished from a registered or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trade-mark or a trade name, or any combination of these.
3. The name of a corporation whose charter has been revoked, whose existence has terminated, which has merged and is not the surviving corporation, or which for any other reason is no longer in good standing in this state is available for use by any other artificial person.
Sec. 19. NRS 82.141 is hereby amended to read as follows:
82.141 1. [Every corporation must] A corporation shall have a resident agent in the manner provided in NRS 78.090, 78.095, [subsections 1 to 4, inclusive, of NRS 78.097 and NRS] 78.097 and 78.110. The resident agent and the corporation shall comply with the provisions of those sections.
2. A corporation [that fails to file a certificate of acceptance executed by the new resident agent within 30 days after the death, resignation or removal of its former resident agent shall be deemed in default and is subject to the provisions of NRS 82.161 and 82.166.] is subject to the provisions of NRS 78.150 to 78.185, inclusive, except that:
(a) The fee for filing a list is $15;
(b) The penalty added for default is $5; and
(c) The fee for reinstatement is $25.
Sec. 20. NRS 82.531 is hereby amended to read as follows:
82.5311. The fee for filing articles of incorporation, amendments to or restatements of articles of incorporation, certificates pursuant to NRS 82.061 and section 24 of [this act;] Senate Bill No. 297 of this session and documents for dissolution is $25 for each document.
2. Except as otherwise provided in NRS [82.146 and 82.171] 82.141 and subsection 1, the fees for filing documents are those set forth in NRS 78.765 to 78.785, inclusive.
Sec. 21. NRS 82.546 is hereby amended to read as follows:
82.5461. Any corporation which did exist or is existing pursuant to the laws of this state may, upon complying with the provisions of NRS [82.171,] 78.150 and 82.141, procure a renewal or revival of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and preexisting debts, duties and liabilities secured or imposed by its original charter and amendments thereto, or its existing charter, by filing:
(a) A certificate with the secretary of state, which must set forth:
(1) The name of the corporation, which must be the name of the corporation at the time of the renewal or revival, or its name at the time its original charter expired.
(2) The name and street address of the resident agent of the filing corporation, and his mailing address if different from his street address.
(3) The date when the renewal or revival of the charter is to commence or be effective, which may be, in cases of a revival, before the date of the certificate.
(4) Whether or not the renewal or revival is to be perpetual, and, if not perpetual, the time for which the renewal or revival is to continue.
(5) That the corporation desiring to renew or revive its charter is, or has been, organized and carrying on the business authorized by its existing or original charter and amendments thereto, and desires to renew or continue through revival its existence pursuant to and subject to the provisions of this chapter.
(6) (b) A list of its president, secretary and treasurer and all of its directors and their post office box and street addresses, either residence or business.
2. A corporation whose charter has not expired and is being renewed shall cause the certificate to be signed by its president or vice president and secretary or assistant secretary, and acknowledged by those officers before any person authorized by law to administer oaths or affirmations. The certificate must be approved by a majority of the last-appointed surviving directors.
3. A corporation seeking to revive its original or amended charter shall cause the certificate to be signed by its president or vice president and secretary or assistant secretary, and acknowledged by those officers before any person authorized by law to administer oaths or affirmations. The execution and filing of the certificate must be approved unanimously by the last-appointed surviving directors of the corporation and must contain a recital that unanimous consent was secured. The corporation shall pay to the secretary of state the fee required to establish a new corporation pursuant to the provisions of this chapter.
4. The filed certificate, or a copy thereof which has been certified under the hand and seal of the secretary of state, must be received in all courts and places as prima facie evidence of the facts therein stated and of the existence and incorporation of the corporation named therein.
Sec. 22. Chapter 86 of NRS is hereby amended by adding thereto a new section to read as follows:
An organizer, manager or managing member of a limited-liability company may authorize the secretary of state in writing to replace any page of a document submitted for filing on an expedited basis, before the actual filing, and to accept the page as if it were part of the originally signed filing. The signed authorization of the organizer, manager or managing member to the secretary of state permits, but does not require, the secretary of state to alter the original document as requested.
Sec. 23. NRS 86.171 is hereby amended to read as follows:
86.171 1. The name of a limited-liability company formed under the provisions of this chapter must contain the words "Limited-Liability Company," "Limited Company," or "Limited" or the abbreviations "Ltd.," "L.L.C.," "L.C.," "LLC" or "LC." The word "Company" may be abbreviated as "Co."
2. The name [of the company may not be the same as, or deceptively similar to the name of a limited-liability company, limited partnership or corporation existing under the laws of this state or a foreign limited-liability company, foreign limited partnership or foreign corporation authorized to transact business in this state, or a name the exclusive right to which is, at the time, reserved in the manner provided under the laws of this state,] proposed for a limited-liability company must be distinguishable from the names of all other artificial persons organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose names are on file in the office of the secretary of state. If a proposed name is not so distinguishable, the secretary of state shall return the articles of organization to the organizer, unless the written acknowledged consent of the holder of the registered [or reserved] name to use the same name or the requested similar name accompanies the articles of organization.
3. For the purposes of this section and NRS 86.176, a proposed name is not distinguished from a registered or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trade-mark or a trade name, or any combination of these.
4. The name of a limited-liability company whose charter has been revoked, whose existence has terminated, which has merged and is not the surviving company, or which for any other reason is no longer in good standing is available for use by any other artificial person.
Sec. 24. NRS 86.263 is hereby amended to read as follows:
86.263 1. [Each] A limited-liability company shall, on or before the last day of the month in which the anniversary date of its formation occurs , [in each year,] file with the secretary of state , on a form furnished by him, a list [of its managers or, if none, its members, and a designation of its resident agent, signed by a manager or, if there is no manager, by a member of the company.
2. Upon filing the list of managers or members and designation of resident agent,] containing:
(a) The name of the limited-liability company;
(b) The file number of the limited-liability company, if known;
(c) The names and titles of all of its managers or, if there is no manager, all of its managing members;
(d) The mailing or street address, either residence or business, of each manager or managing member listed, following the name of the manager or managing member; and
(e) The signature of a manager or managing member of the limited-liability company certifying that the list is true, complete and accurate.
2. The limited-liability company shall annually thereafter, on or before the last day of the month in which the anniversary date of organization occurs, file with the secretary of state, on a form furnished by him, an amended list containing all of the information required in subsection 1. If the limited-liability company has had no changes in its managers or, if there is no manager, its managing members, since its previous list was filed, no amended list need be filed if a manager or managing member of the limited-liability company certifies to the secretary of state as a true and accurate statement that no changes in the managers or managing members have occurred.
3. Upon filing the list of managers or managing members, or certifying that no changes have occurred, the limited-liability company shall pay to the secretary of state a fee of $85.
[3.] 4. The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each limited-liability company required to comply with the provisions of this section, which has not become delinquent, [the blank forms to be completed and filed with him.] a notice of the fee due under subsection 3 and a reminder to file a list of managers or managing members or a certification of no change. Failure of any company to receive [the forms] a notice or form does not excuse it from the penalty imposed by law.
[4.] 5. If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective or the fee required by subsection 3 is not paid, the secretary of state may return the list for correction or payment.
6. An annual list [of managers or members and designation of resident agent] for a limited-liability company not in default received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year.
Sec. 25. NRS 86.276 is hereby amended to read as follows:
86.2761. Except as otherwise provided in subsections 3 and 4, the secretary of state shall reinstate any limited-liability company which has forfeited its right to transact business under the provisions of this chapter and restore to the company its right to carry on business in this state, and to exercise its privileges and immunities, if it:
(a) Files with the secretary of state the list [and designation] required by NRS 86.263; and
(b) Pays to the secretary of state:
(1) The annual filing fee and penalty set forth in NRS 86.263 and 86.272 for each year or portion thereof during which its charter has been revoked; and
(2) A fee of $50 for reinstatement.
2. When the secretary of state reinstates the limited-liability company, he shall:
(a) Immediately issue and deliver to the company a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and
(b) Upon demand, issue to the company one or more certified copies of the certificate of reinstatement.
3. The secretary of state shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees and penalties.
4. If a company's charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.
Sec. 26. NRS 86.278 is hereby amended to read as follows:
86.278 1. Except as otherwise provided in subsection 2, if a limited-liability [company's charter is revoked under the provisions of this chapter and the name of the limited-liability company, or one deceptively similar to it,] company applies to reinstate its charter but its name has been legally acquired or reserved by another limited-liability company [, a limited partnership or a corporation existing under the laws of this state or foreign limited-liability company, foreign limited partnership or foreign corporation authorized to transact business in this state, or is a name the exclusive right to which has been reserved in the manner provided under the laws of this state, before the application of the defaulting limited-liability company for reinstatement, the defaulting company shall in its application for reinstatement] or other artificial person organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose name is on file and in good standing with the secretary of state, the company shall submit in writing to the secretary of state some other name under which it desires its existence to be reinstated. If that name is [sufficiently distinctive and different from any name] distinguishable from all other names reserved or otherwise [in use,] on file and in good standing, the secretary of state shall issue to the [defaulting] applying limited-liability company a certificate of reinstatement under that new name.
2. If the [defaulting] applying limited-liability company submits the written acknowledged consent of the [limited-liability company, corporation or limited partnership using a] artificial person having the name, or the person reserving [a] the name, which is [the same as or similar to the defaulting limited-liability company's] not distinguishable from the old name of the applying company or a new name it has submitted, it may be reinstated under that name.
3. For the purposes of this section, a proposed name is not distinguished from a name used or reserved solely because one or the other contains distinctive lettering, a distinctive mark, a trade-mark or a trade name or any combination of those.
Sec. 27. Chapter 87 of NRS is hereby amended by adding thereto the provisions set forth as sections 28 and 29 of this act.
Sec. 28. A managing partner of a registered limited-liability partnership may authorize the secretary of state in writing to replace any page of a document submitted for filing on an expedited basis, before the actual filing, and to accept the page as if it were part of the originally signed filing. The signed authorization of the managing partner to the secretary of state permits, but does not require, the secretary of state to alter the original document as requested.
Sec. 29. 1. Except as otherwise provided in subsection 2, if a registered limited-liability partnership applies to reinstate its right to transact business but its name has been legally acquired by another registered limited-liability partnership or any other artificial person organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose name is on file and in good standing with the secretary of state, the applying registered limited-liability partnership shall submit in writing to the secretary of state some other name under which it desires its right to transact business to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file and in good standing, the secretary of state shall issue to the applying registered limited-liability partnership a certificate of reinstatement under that new name.
2. If the applying registered limited-liability partnership submits the written acknowledged consent of the artificial person having the name, or the person who has reserved the name, that is not distinguishable from the old name of the applying registered limited-liability partnership or a new name it has submitted, it may be reinstated under that name.
3. For the purposes of this section, a proposed name is not distinguished from a name used or reserved solely because one or the other contains distinctive lettering, a distinctive mark, a trade-mark or a trade name, or any combination thereof.
Sec. 30. NRS 87.450 is hereby amended to read as follows:
87.450 1. The name of a registered limited-liability partnership must contain the words "Limited-Liability Partnership" or "Registered Limited-Liability Partnership" or the abbreviation "L.L.P." or "LLP" as the last words or letters of the name [.] and must be distinguishable from the names of all other artificial persons organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose names are on file in the office of the secretary of state. If the name of the registered limited-liability partnership on a certificate of registration of limited-liability partnership submitted to the secretary of state is not distinguishable from a name on file, the secretary of state shall return the certificate to the person who signed it unless the written acknowledged consent of the holder of the registered name or reserved name to use the name accompanies the certificate.
2. For the purposes of this section, a proposed name is not distinguished from a registered or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trade-mark or a trade name, or any combination of these.
3. The name of a registered limited-liability partnership whose right to transact business has been forfeited, whose existence has terminated, which has merged and is not the surviving partnership, or which for any other reason is no longer in good standing in this state is available for use by any other registered limited-liability partnership or other artificial person.
Sec. 31. NRS 87.510 is hereby amended to read as follows:
87.510 1. A registered limited-liability partnership shall annually, [not more than 60 days] on or before the last day of the month in which the anniversary date of [its registration occurs, file with the secretary of state a list of the names and business addresses of its managing partners in this state and a designation of its resident agent in this state. The information must be submitted on a form prescribed by the secretary of state and signed by a managing partner of the registered limited-liability partnership. The form must be accompanied by] the filing of its certificate of registration of limited partnership or certificate of continuance with the secretary of state occurs, file with the secretary of state, on a form furnished by him, a list containing:
(a) The name of the registered limited-liability partnership;
(b) The file number of the registered limited-liability partnership, if known;
(c) The names of all of its managing partners;
(d) The mailing or street address, either residence or business, of each managing partner; and
(e) The signature of a managing partner of the registered limited-liability partnership certifying that the list is true, complete and accurate.
2. If the registered limited-liability partnership has had no changes in its managing partners since its previous list was filed, no annual list need be filed if a managing partner certifies to the secretary of state as a true and accurate statement that no changes in the managing partners have occurred.
3. Upon filing the list of managing partners, or certifying that no changes have occurred, the registered limited-liability partnership shall pay to the secretary of state a fee of $85.
[2.] 4. The secretary of state shall, at least 60 days before the last day for filing the annual list required by subsection 1, cause to be mailed to the registered limited-liability partnership [the form required to be completed and filed with the secretary of state pursuant to this section.] a notice of the fee due pursuant to subsection 3 and a reminder to file the annual list of managing partners or a certification of no change. The failure of any registered limited-liability partnership to receive [the] a notice or form does not excuse it from complying with the provisions of this section.
[3.] 5. If the list to be filed pursuant to the provisions of subsection 1 is defective, or the fee required by subsection 3 is not paid, the secretary of state may return the list for correction or payment.
6. An annual list that is filed by a registered limited-liability partnership which is not in default more than 60 days before it is due shall be deemed an amended list for the previous year.
Sec. 32. Chapter 88 of NRS is hereby amended by adding thereto the provisions set forth as sections 33 and 34 of this act.
Sec. 33. A general partner of a limited partnership may authorize the secretary of state in writing to replace any page of a document submitted for filing on an expedited basis, before the actual filing, and to accept the page as if it were part of the originally signed filing. The signed authorization of the general partner to the secretary of state permits, but does not require, the secretary of state to alter the original document as requested.
Sec. 34. 1. Except as otherwise provided in subsection 2, if a limited partnership applies to reinstate its right to transact business but its name has been legally acquired by another limited partnership or any other artificial person organized or registered under chapter 78, 78A, 80, 81, 82, 84, 86, 87, 88 or 89 of NRS whose name is on file and in good standing with the secretary of state, the applying limited partnership shall submit in writing to the secretary of state some other name under which it desires its right to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file and in good standing, the secretary of state shall issue to the applying limited partnership a certificate of reinstatement under that new name.
2. If the applying limited partnership submits the written acknowledged consent of the limited partnership or other artificial person having the name, or the person who has reserved the name, that is not distinguishable from the old name of the applying limited partnership or a new name it has submitted, it may be reinstated under that name.
3. For the purposes of this section, a proposed name is not distinguished from a name used or reserved solely because one or the other contains distinctive lettering, a distinctive mark, a trade-mark or a trade name, or any combination thereof.
Sec. 35. NRS 88.320 is hereby amended to read as follows:
88.320 1. The name of [each] a limited partnership as set forth in its certificate of limited partnership:
[1.] (a) Must contain without abbreviation the words "limited partnership";

[2.] (b) May not contain the name of a limited partner unless:

LEADLINES OF REPEALED SECTIONS

82.146Filing of list of officers and directors and designation of resident agent; fee.
82.151Mailing of forms; early submission deemed amended list.
82.156Address of each officer and director required on list; effect of noncompliance.
82.161Defaulting corporations: Identification; penalty.
82.166Defaulting corporations: Duties of secretary of state; forfeiture; distribution of assets.
82.171Defaulting corporations: Conditions and procedure for reinstatement.
82.176Defaulting corporations: Reinstatement under old or new name.
225.160 Revolving account: Creation; use; reimbursement.".
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 437.
Remarks by Assemblyman Bache.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 453.
The following Senate amendment was read:
Amendment No. 1082.
Amend section 1, page 1, by deleting lines 5 and 6 and inserting:
"2. The apportionments to a school district may be adjusted during a fiscal year by the department of education, upon approval by the board of examiners and the interim finance committee, if the department of taxation and the county assessor in the county".
Amend section 1, page 1, line 20, after "increased " by inserting:
"in accordance with the provisions of this subsection".
Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 453.
Remarks by Assemblyman Arberry.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 484.
The following Senate amendment was read:
Amendment No. 1256.
Amend sec. 3, page 2, line 34, by deleting "writing [,]" and inserting "writing,".
Amend sec. 3, page 2, by deleting line 42 and inserting:
"As used in this [paragraph,] subsection, "day of service" means the".
Amend sec. 3, page 3, line 6, by deleting "[2.] 3." and inserting "2.".
Amend sec. 3, page 3, by deleting line 21 and inserting:
"3. A notice served pursuant to subsection 1 or 2 must:".
Amend sec. 3, page 3, line 28, by deleting the open bracket.
Amend sec. 3, page 3, line 31, by deleting the closed bracket.
Amend sec. 3, page 3, by deleting line 33 and inserting:
"(a) The landlord or his agent may apply by affidavit of complaint for eviction to the justice's".
Amend sec. 3, page 4, line 16 by deleting "[3] 4," and inserting "3 ,".
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 484.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 523.
The following Senate amendment was read:
Amendment No. 929.
Amend the bill as a whole by renumbering sec. 2 as sec. 5 and adding new sections designated sections 2 through 4, following section 1, to read as follows:
"Sec. 2. Section 1 of chapter 477, Statutes of Nevada 1995, at page 1529, is hereby amended to read as follows:

Section 1. There is hereby appropriated from the state general fund to the department of education the sum of $511,677 to develop and carry out a new high school proficiency examination . [:

For the fiscal year 1995-96 $295,606

For the fiscal year 1996-97 $216,071]

Sec. 2. [The sums appropriated] Any remaining balance of the appropriation made by section 1 of this act [are available for either fiscal year. Any balance of those sums] must not be committed for expenditure after June 30, [1997,] 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

Assembly Bill No. 524.
The following Senate amendment was read:
Amendment No. 1052.
Amend section 1, page 1, line 1, by deleting "1. The" and inserting:
"1. Except as otherwise provided in subsection 5, the".
Amend section 1, page 1, after line 20, by inserting:
"5. The provisions of this section do not require the development or approval of criteria for a business plan for use by a state agency for a project to construct a highway or any other public work.".
Amend the title of the bill to read as follows:

"AN ACT relating to state financial administration; requiring the development of criteria for certain business plans for use in future state budget processes; and providing other matters properly relating thereto.".

Amend the summary of the bill, first line, by deleting "business plan" and inserting:

"certain business plans".

Assembly Bill No. 602.
The following Senate amendment was read:
Amendment No. 1167.
Amend the bill as a whole by renumbering sections 4 through 6 as sections 6 through 8 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:
"Sec. 4. 1. There is hereby appropriated from the state general fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $6,894 for personal equipment for the personnel of the Division.
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 general fund as soon as all payments of money committed have been made.
Sec. 5. For the fiscal year 1996-1997, the Director of the Department of Administration may loan an amount not to exceed $1,250,000 from the state general fund to the budget account for fire suppression and emergency response of the Division of Forestry of the State Department of Conservation and Natural Resources. The loan must be repaid as reimbursements are received by the Division of Forestry from the Federal Government for services provided by the Division, but not later than August 27, 1999.".
Amend sec. 6, page 2, by deleting lines 23 and 24 and inserting:
"Sec. 8. This act becomes effective on June 30, 1997.".
Amend the title of the bill by deleting the fourth and fifth lines and inserting:
"specifying its use; making appropriations for new and replacement equipment, for the replacement of a certain hanger door at the Minden airport and for personal equipment; authorizing the Director of the Department of Administration to make a loan from the state general fund to the budget account for fire suppression and emergency response of the Division of Forestry; and providing".
Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 602.
Remarks by Assemblyman Arberry.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 662.
The following Senate amendment was read:
Amendment No. 1193.
Amend sec. 2, page 2, line 16, by deleting the comma and inserting:
"and visually impaired,".
Amend sec. 12, page 5, line 8, after "instruction," by inserting:
"the director of the department of employment, training and rehabilitation,".
Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 662.
Remarks by Assemblyman Arberry.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 414.
The following Senate amendment was read:
Amendment No. 1192.
Amend the bill as a whole by adding a new section designated sec. 6.5, following sec. 6, to read as follows:
"Sec. 6.5. NRS 293.327 is hereby amended to read as follows:
293.3271. If a request for an absent ballot is made by a registered voter in person, a city clerk shall issue an absent ballot to the registered voter, and the ballot must be voted on the premises of the clerk's office and returned to the clerk. The clerk shall follow the same procedure as in the case of absent ballots received by mail.
2. At least 25 days before a primary or general city election until 5:00 p.m. [the day] on:
(a) The Friday before the election; or
(b) If the office of a city clerk is not scheduled to be open on the Friday before the election, the Thursday before the election,
each city clerk shall provide a voting booth, with suitable equipment for voting, on the premises of his office for use by registered voters who are issued absent ballots in accordance with this section.".
Amend sec. 22, page 10, by deleting lines 9 and 10 and inserting:
"clerk within the designated territory on or before the [date on which a certificate of candidacy for a candidate of a major political party must be filed pursuant to NRS 293.180.] third Monday in May preceding the election.".
Amend the bill as a whole by deleting sections 25 through 27 and inserting:
"Secs. 25-27. (Deleted by amendment.)".
Amend sec. 32, page 16, line 41, by deleting "county" and inserting "city".
Amend sec. 35, page 19, line 20, by deleting "an" and inserting "a regular".
Amend sec. 35, page 19, line 22, by deleting:
"January 1" and inserting:
"the first Monday in May".
Amend sec. 35, page 19, line 23, by deleting "second Tuesday" and inserting "third Monday".
Amend the bill as a whole by adding new sections designated sections 38.1 through 38.6, following sec. 38, to read as follows:
"Sec. 38.1. Section 3 of Senate Bill No. 447 of this session is hereby amended to read as follows:

Sec. 3. 1. A primary city election must be held in each city of the first class, and in each city of the second class that has so provided by ordinance, on the first Tuesday after the first Monday in May of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be voted for at the next general city election.

2. A candidate for any office to be voted for at the primary city election must file a declaration of candidacy with the city clerk not less than 60 days nor more than 70 days before the date of the primary city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.

3. All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.

4. If, in a primary city election held in a city of the first or second class, one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, his name alone must be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.

Sec. 5. 1. A general city election must be held in each city of the third class on the first Tuesday after the first Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter, as determined by ordinance.

2. There must be one mayor and three or five councilmen, as the city council shall provide, by ordinance, for each city of the third class. The terms of office of the mayor and the councilmen are 4 years, which terms must be staggered. The mayor and councilmen elected to office immediately after incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years. If a city council thereafter increases the number of councilmen, it shall, by lot, stagger the initial terms of the additional members.

3. A candidate for any office to be voted for at the general city election must file a declaration of candidacy with the city clerk not less than 60 days nor more than 70 days before the day of the general city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the city council by ordinance.

4. Candidates for mayor must be voted upon by the electors of the city at large. Candidates for councilmen must be voted upon by the electors of their respective wards to represent the wards in which they reside or by the electors of the city at large in accordance with the provisions of chapter 266 of NRS.

Sec. 11. 1. The conduct of any city election is under the control of the governing body of the city, and it shall, by ordinance, provide for the holding of the election, appoint the necessary election officers and election boards, and do all other things required to carry the election into effect.

2. Early voting in a city election may be conducted pursuant to the provisions of NRS 293.356 to 293.361, inclusive.

Sec. 107. NRS 293.250 is hereby amended to read as follows:

293.250

1. The secretary of state shall, in a manner consistent with the election laws of this state, prescribe:

(a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to register to vote, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.

(b) The procedure to be followed when a computer is used to register voters and to keep records of registration.

2. He shall prescribe with respect to the matter to be printed on every kind of ballot:

(a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the state.

(b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his county.

3. He shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter's choice.

4. The fiscal note for and explanation of each proposed constitutional amendment or statewide measure, including arguments for and against it, must be included on all sample ballots.

5. The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the attorney general. They must be in easily understood language and of reasonable length, and whenever feasible must be completed by April 1 of the year in which the general election is to be held.

6. The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.

7. A county [or city] clerk:

(a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.

(b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.

Sec. 170. Section 5.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 462, Statutes of Nevada 1993, at page 1468, is hereby amended to read as follows:

Sec. 5.020 Primary elections; declaration of candidacy.

1. A candidate for any office to be voted for at an election [shall] must file [an affidavit] a declaration of candidacy with the city clerk. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing his [affidavit] declaration of candidacy, a filing fee of $25 . [for filing an affidavit of candidacy.] All filing fees so collected by the city clerk must be deposited to the credit of the general fund of the city.

2. If for any general election, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the first Tuesday in September preceding the general election. If for any general election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election.

3. In the primary election:

(a) The names of the two candidates for municipal judge, city attorney, or a particular city council seat, as the case may be, who receive the highest number of votes must be placed on the ballot for the general election.

(b) Candidates for councilman who represent a specific ward must be voted upon only by the registered voters of that ward.

(c) Candidates for mayor and councilman at large must be voted upon by all registered voters of the city.

4. The mayor and all councilmen must be voted upon by all registered voters of the city at the general election.

Sec. 171. Section 5.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 24, Statutes of Nevada 1987, at page 61, is hereby amended to read as follows:

Sec. 5.020 Primary municipal elections: Declaration of candidacy.

1. If for any general municipal election there are three or more candidates for the offices of mayor, city attorney or municipal judge [,] or three or more candidates from each ward to represent the ward as a member of the city council, a primary election for that office must be held on the [1st] first Tuesday after the [1st] first Monday in May preceding the general election.

2. Candidates for the offices of mayor, city attorney and municipal judge must be voted upon by the registered voters of the city at large. Candidates to represent a ward as a member of the city council must be voted upon by the registered voters of the ward to be represented by them.

3. The names of the two candidates for mayor, city attorney and municipal judge and the names of the two candidates to represent the ward as a member of the city council from each ward who receive the highest number of votes at the primary election must be placed on the ballot for the general election.".

Assemblyman Perkins moved that the Assembly adjourn until Monday, July 7, 1997 at 12:30 a.m.
Motion carried.

Assembly adjourned at 11:55 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly