THE EIGHTIETH DAY
Carson City (Wednesday), April 25, 2001
Assembly called to order at 10:39 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Freeman, who was excused.
Prayer by the Chaplain, Reverend Luther Dupree.
Heavenly, Precious Father, in the name of Jesus, we come in humble submission to thee, Almighty God, who rules the heavens and the earth. Lord, you declared that the earth is the Lord’s, and the fullness thereof; the world and they that dwell therein. I exhort, therefore, that, first of all, supplications, prayers, intercessions, and giving of thanks be made for all men; for kings; and for all that are in authority; that we may lead a quiet and peaceable life in all godliness and honesty. So, Lord, we pray Your guidance and protection on all of the men and women in this legislative session. Guide their minds and their hearts as they contemplate laws that will affect us and the society in which we live. Laws that will affect not only us, but our children, and our children’s children. I pray that it will not be about Republicans, Democrats or party lines, but for the betterment of mankind everywhere. Now, God, I thank You for this day, for it is a day that You have made, and we should rejoice and be glad in it.
Amen.
Pledge of allegiance to the Flag.
Assemblywoman Buckley 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.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 447, 619, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Joseph E. Dini, Jr., Chairman
Mr. Speaker:
Your Committee on Constitutional Amendments, to which was referred Assembly Joint Resolution No. 12, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bob Price, Chairman
Mr. Speaker:
Your Concurrent Committee on Constitutional Amendments, to which was referred Senate Joint Resolution No. 11 of the 70th Session, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bob Price, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 63, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 550, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson, Chairman
Mr. Speaker:
Your Concurrent Committee on Judiciary, to which was referred Assembly Bill No. 448, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Concurrent Committee on Judiciary, to which was referred Assembly Bill No. 453, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson, Chairman
Mr. Speaker:
Your Committee on Taxation, to which was referred Assembly Bill No. 657, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
David E. Goldwater, Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 460, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Ways and Means.
Also, your Committee on Transportation, to which was referred Senate Bill No. 190, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Vonne S. Chowning, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 24, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 48, 119, 127, 163, 165, 242, 264, 265, 397, 409, 414, 466, 471, 484, 487, 519, 522, 524, 533, 536, 544, 546, 548, 556, 561, 566.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that Assembly Bill No. 413 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Bache.
Motion carried.
Assemblyman Bache moved that Assembly Bill No. 391 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Bache.
Motion carried.
Assemblywoman Buckley moved that Assembly Bills Nos. 63, 447, 448, 453, 460, 550, 619, 657 and Assembly Joint Resolution No. 12 be placed on the Second Reading File.
Motion carried.
Assemblywoman Buckley moved that the reading of the history of Senate Bills on Introduction be dispensed with for this legislative day.
Motion carried.
Senate Concurrent Resolution No. 7.
Assemblywoman McClain moved the adoption of the resolution.
Remarks by Assemblymen McClain and Carpenter.
Resolution adopted.
Senate Concurrent Resolution No. 17.
Assemblywoman Smith moved the adoption of the resolution.
Remarks by Assemblywoman Smith.
Resolution adopted.
By Assemblymen Perkins, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Price, Smith, Tiffany, Von Tobel and Williams:
Assembly Resolution No. 11—Expressing appreciation to the staff of the Assembly and designating April 25, 2001, as Assembly Staff Appreciation Day.
Whereas, The Nevada Legislature undertakes an enormous task every 2 years in the performance of its legislative duties on behalf of the residents of Nevada; and
Whereas, The smooth and efficient operation of the Nevada Legislature is largely dependent upon the dedication and abilities of the members of its staff; and
Whereas, Since the legislative session has been limited to 120 days, many extra demands have been placed on the staff by requiring them to learn and assimilate new skills at an accelerated rate and to process their work even more efficiently; and
Whereas, The bill clerks, secretaries, sergeants at arms, and clerical and support staff who serve as attachés of the Assembly have worked diligently and efficiently in their service to the members of the Assembly; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of the Assembly of the 71st session of the Nevada Legislature do hereby express their sincere appreciation and commend the outstanding support staff of the Assembly, which includes Harle Glover, Patty Williams, Lucinda Benjamin, Matthew Baker, Diane Keetch, Mary Matheus, Jason Hataway, Terry Sullivan, Mary G. Garcia, Marlo Harding, Charlene Morehead, Megan Strong, Gregorio D. Torres, Lucas Watson, Jeanne Douglass, Nanita Moore, Paula Winne, Kathryn Alden, Linda Corbett, Barbara Houger, Linda Cooper, Karen Crawford, Heather Collins, Reba Coombs, Cecile Crofoot, Kristi Geiser, Marge Griffin, Marilyn Jayne, Nykki Kinsley, Kelly Minton, Betty Phenix, Jackie L. Valley, Andrea Carothers, Cindy Clampitt, Lila Clark, Connie Davis, Mary Drake, Kathryn Ely, Kathryn Fosnaugh, Glenda Jacques, Sandra Albrecht-Johnson, Rebekah Langhoff, Virginia Letts, Cheryl Meyers, Gerlean Mosey, Linda Lee Nary, Darlene Nevin, Cheryl A. O’Day, Deborah Rengler, June Rigsby, Darlene Rubin, Linda Smith, Carol J. Thomsen, Joan Tuntland, Linda Utt, Ann Van Nostrand, Eric Anderlohr, Bonnie Aparicio, Mary Bean, Valorie Belknap, Stephany Corral, A. Louise Darden, Nancy Dickson, Donna Esposito, Jerlyn Figearo, Donna Hancock, Joyce G. Hess, Millicent Jorgenson, Connie Kight, Jaynese Knight, JoAnn Kula, Dawn Lee, Yhvona Martin, Carolyn J. Maynick, Jolene Jones Miley, Molly Mills, Patty Moody, Kathryn Oetting, Diane Rea, Sheila Sease, Jasmine Shackley, Janet Stokes, Claudette J. Thompson, Barbara Urbani, Novella Watson-Lee, Loretta White, June Bennett, Julayne McCarly LeBas, Maxine Milabar, Bruce Pfeiffer, Eddie Cordisco, Jr., Mary Carel, Jennifer Anzalone, Kenneth Beaton, Norm Budden, John Davis, Jr., David Dickson, Joyce E. Ghiselli, Juanita Heston, Steven Honey, Lois LaHair, Khristina Lamoreaux, Ray Mager, Bob Maynick, Reid Meyer, Kiyoshi Nishikawa, Jesse N. Pickett, Brandi Sargent, Laverne Souza-LaFleur, Elizabeth Tetz and W. Wayne Willson; and be it further
Resolved, That April 25, 2001, is hereby designated as Assembly Staff Appreciation Day in recognition of the dedicated and excellent service the staff of the Assembly has provided to the members of the Assembly and to the residents of this state; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to each member of the Assembly staff who is commended in this resolution.
Assemblywoman Buckley moved the adoption of the resolution.
Remarks by Assemblymen Buckley, Hettrick, Giunchigliani, Price, Smith and Mr. Speaker.
Assemblyman Parks requested that the following remarks be entered in the Journal.
Assemblywoman Buckley:
Thank you, Mr. Speaker. How do you thank such a diverse, talented group of individuals? In our effort to serve the public and our constituents within our 120-day session, we are often rushed and fail to acknowledge the many people who make our operations work on a day-to-day basis. To the people we see every day—our Front Desk staff, our Sergeant at Arms staff, our own personal secretaries, our committee secretaries—and even to those who we see less of, such as those who work behind the scenes in clerical positions, in the bill room, in copying rooms—we offer our sincere appreciation to you on this professional staff day.
We especially want to acknowledge Nancy Dickson, who can’t be with us today. We send our thanks and appreciation to Nancy. We also want to send a special thanks to all of those who are returning to the Legislature. The fact that you know us and that you work with us and come back—we’re amazed. We know it doesn’t speak well of us, but of you. For all of you who come back and give us your expertise, session after session, knowing all of our faults, because you want to serve us and the State of Nevada, we sincerely thank you. We are glad that we have this day while we are in session, so we can take a moment and acknowledge you when we should be doing it every day.
Assemblyman Hettrick:
Thank you, Mr. Speaker. I, too, want to rise in support of AR 11. The Majority Floor Leader expressed very well the appreciation we have for the staff that works in this building. I see familiar faces over there as I speak. The work which is done by the staff is truly not appreciated by the people who don’t work in this building. But those of us who work in this building see the labor of love that these people put in. So much of it is done behind the scenes, without recognition of any kind. We simply can’t express well enough to all of you, that we do understand what you do and how good you make us look and the amount of effort you put in that goes unrecognized by the general public. We want you to know that we truly appreciate the work you do. You make us look better. I don’t know if you can make us look good. But you make us look better every day. We really do appreciate that.
In particular, I want to mention the bill room folks who just labor away early in the morning. No one sees them—they are generally in their room with the door closed. Nobody realizes that every single day these bill books on our desk are completely updated with every single reprint, in numerical order, put back so we can use them to function. The Constitution requires that the bills be back here in writing so we can view them if we need to and deal with them. Most people don’t know the bill room even exists. I want to recognize their efforts as well as everyone else that tolls behind the scenes. Each of you, please know how much it means to us the work you do here and the effort you put in on our behalf. Thank you, Mr. Speaker.
Assemblywoman Giunchigliani:
Thank you, Mr. Speaker. I, too, rise in support of AR 11. I think, maybe, the real fact of the matter is that you are not under appreciated, but you are the real bosses. We would not be successful in any way, shape or form if it wasn’t for all of you. I just have a question, by a show of hands, how many of you are state employees and will be going back to another position or came from one in the first place? Well, the check will be in the mail. So, we might at least be able to do a little thank you to some of you for a salary increase. For the others, hang in there with us; it will be over sooner or later. We do appreciate everything you do.
Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks.
I will offer my gratitude as well. I think back to the welcome we had on the 2nd of January and the discussion we had then and what a big family we all became because of the 120-day session. I still believe that is true. There are always disagreements, but any family members can disagree. The Lord knows I fight with my sisters, like they are sisters. I think that is what happens here as well, but with in excess of 1200 or so bills we have to process, the thousands of phone calls, the e-mails, the letters. All the appointments each and every member of this body has to go through in order for us to accomplish some of the major issues for our state, whether it’s our energy crisis, the budget, taxes, reapportionment at some point in time, education, that is so important to our state. It’s you folks that get this job done. We could not do it and I think the citizens of the State of Nevada owe you a great debt of gratitude.
Assemblyman Price:
Thank you, Mr. Speaker, to you and through you, to our extended family. I have to tell you, like all of us, I am appreciative of everything that is done on our behalf. Over the years I have had the opportunity, as some of the other legislators have, to visit other legislatures around the country and look at their operation. I can tell you, honestly, there is not a House, Senate or Legislature in this country that is served better and more lovingly than we are, right here. It even goes to people out of the room here, right now. For example, the people who stay up all night at the printing office, reprinting everything so that it’s back here in our bill books. The work that goes on around us is just incredible. I, along with every other member of this body, want to extend our loving and most sincere thanks.
Assemblywoman Smith:
Thank you, Mr. Speaker. I, too, rise in support of AR 11. As a new member of the Assembly, I am certain that my two freshman colleagues would join me in saying that I am absolutely amazed at the staff. I had no idea we would be so well cared for and have so much assistance available to us. So, as a new person here, I want to thank everyone sincerely for all the work you do.
Resolution adopted unanimously.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:39 a.m.
ASSEMBLY IN SESSION
At 11:42 a.m.
Mr. Speaker presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 48.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 119.
Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 127.
Assemblywoman Buckley moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 163.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 165.
Assemblywoman Buckley moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 242.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 264.
Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 265.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 397.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 409.
Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 414.
Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 466.
Assemblywoman Buckley moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Senate Bill No. 471.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 484.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 487.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 519.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 522.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 524.
Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 533.
Assemblywoman Buckley moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 536.
Assemblywoman Buckley moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 544.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 546.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 548.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 556.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 561.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 566.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that the reading of the history of Assembly Bills on the General File be dispensed with for this legislative day.
Motion carried.
general file and third reading
Assembly Bill No. 19.
Bill read third time.
Assemblyman Bache moved that Assembly Bill No. 19 be taken from the General File and be re-referred to the Committee on Ways and Means.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bill No. 619 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Buckley.
Motion carried.
Assemblywoman Buckley moved that Assembly Bill No. 407 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblywoman Buckley.
Motion carried.
Assemblywoman Buckley moved that Assembly Bill No. 341 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblywoman Buckley.
Motion carried.
Assemblyman Arberry moved that Assembly Bill No. 207 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Arberry.
Motion carried.
Assemblyman Arberry moved that Assembly Bill No. 405 be taken from the General File and re-referred to the Committee on Ways and Means.
Remarks by Assemblyman Arberry.
Motion carried.
general file and third reading
Assembly Bill No. 130.
Bill read third time.
Remarks by Assemblywoman Cegavske.
Roll call on Assembly Bill No. 130:
Yeas—41.
Nays—None.
Excused—Freeman.
Assembly Bill No. 130 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 179.
Bill read third time.
Remarks by Assemblyman Williams.
Roll call on Assembly Bill No. 179:
Yeas—34.
Nays—Angle, Beers, Collins, Gibbons, Gustavson, Humke, Von Tobel—7.
Excused—Freeman.
Assembly Bill No. 179 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 195.
Bill read third time.
Remarks by Assemblymen Parnell, Price and Koivisto.
Roll call on Assembly Bill No. 195:
Yeas—41.
Nays—None.
Excused—Freeman.
Assembly Bill No. 195 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 198.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Assembly Bill No. 198:
Yeas—41.
Nays—None.
Excused—Freeman.
Assembly Bill No. 198 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 248.
Bill read third time.
Remarks by Assemblywoman McClain.
Roll call on Assembly Bill No. 248:
Yeas—41.
Nays—None.
Excused—Freeman.
Assembly Bill No. 248 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 253.
Bill read third time.
Remarks by Assemblywoman Cegavske.
Roll call on Assembly Bill No. 253:
Yeas—40.
Nays—Beers.
Excused—Freeman.
Assembly Bill No. 253 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 254.
Bill read third time.
Remarks by Assemblymen Gibbons and Manendo.
Conflict of interest declared by Assemblywoman Gibbons.
Roll call on Assembly Bill No. 254:
Yeas—36.
Nays—Beers, Gustavson, Hettrick, Humke—4.
Not Voting—Gibbons.
Excused—Freeman.
Assembly Bill No. 254 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 271.
Bill read third time.
Roll call on Assembly Bill No. 271:
Yeas—41.
Nays—None.
Excused—Freeman.
Assembly Bill No. 271 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 296.
Bill read third time.
Remarks by Assemblymen Berman and Gustavson.
Conflict of interest declared by Assemblyman Gustavson.
Roll call on Assembly Bill No. 296:
Yeas—37.
Nays—Giunchigliani, Lee—2.
Not Voting—Dini, Gustavson—2.
Excused—Freeman.
Assembly Bill No. 296 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 331.
Bill read third time.
Remarks by Assemblyman Nolan.
Roll call on Assembly Bill No. 331:
Yeas—41.
Nays—None.
Excused—Freeman.
Assembly Bill No. 331 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 364.
Bill read third time.
Remarks by Assemblymen Goldwater and Williams.
Roll call on Assembly Bill No. 364:
Yeas—40.
Nays—Gibbons.
Excused—Freeman.
Assembly Bill No. 364 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 375.
Bill read third time.
Roll call on Assembly Bill No. 375:
Yeas—40.
Nays—Buckley.
Excused—Freeman.
Assembly Bill No. 375 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 402.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 402:
Yeas—39.
Nays—Gibbons, Price—2.
Excused—Freeman.
Assembly Bill No. 402 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 415.
Bill read third time.
Remarks by Assemblyman Lee.
Roll call on Assembly Bill No. 415:
Yeas—40.
Nays—Berman.
Excused—Freeman.
Assembly Bill No. 415 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 419.
Bill read third time.
Remarks by Assemblymen Buckley, Gustavson and de Braga.
Roll call on Assembly Bill No. 419:
Yeas—39.
Nays—Anderson, Goldwater—2.
Excused—Freeman.
Assembly Bill No. 419 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 429.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Assembly Bill No. 429:
Yeas—40.
Nays—Humke.
Excused—Freeman.
Assembly Bill No. 429 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 442.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Assembly Bill No. 442:
Yeas—30.
Nays—Beers, Berman, Brower, Brown, Cegavske, Collins, Gustavson, Hettrick, Humke, Marvel, Von Tobel—11.
Excused—Freeman.
Assembly Bill No. 442 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 455.
Bill read third time.
Roll call on Assembly Bill No. 455:
Yeas—41.
Nays—None.
Excused—Freeman.
Assembly Bill No. 455 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 458.
Bill read third time.
Remarks by Assemblymen Oceguera, Cegavske, Giunchigliani, Collins and Bache.
Potential conflict of interest declared by Assemblyman Oceguera.
Roll call on Assembly Bill No. 458:
Yeas—41.
Nays—None.
Excused—Freeman.
Assembly Bill No. 458 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 462.
Bill read third time.
Remarks by Assemblymen Collins and Beers.
Roll call on Assembly Bill No. 462:
Yeas—39.
Nays—Angle, Gustavson—2.
Excused—Freeman.
Assembly Bill No. 462 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 466.
Bill read third time.
Remarks by Assemblymen Leslie and Gustavson.
Roll call on Assembly Bill No. 466:
Yeas—37.
Nays—Buckley, Gibbons, Gustavson—3.
Not Voting—Dini.
Excused—Freeman.
Assembly Bill No. 466 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 468.
Bill read third time.
Remarks by Assemblymen Beers and Buckley.
Assemblyman Dini moved that Assembly Bill No. 468 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Dini.
Motion carried.
Assembly Bill No. 488.
Bill read third time.
Roll call on Assembly Bill No. 488:
Yeas—40.
Nays—None.
Not Voting—Oceguera.
Excused—Freeman.
Assembly Bill No. 488 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 491.
Bill read third time.
Roll call on Assembly Bill No. 491:
Yeas—41.
Nays—None.
Excused—Freeman.
Assembly Bill No. 491 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 537.
Bill read third time.
Remarks by Assemblymen Bache and Buckley.
Assemblywoman Buckley moved that Assembly Bill No. 537 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Buckley.
Motion carried.
Assembly Bill No. 552.
Bill read third time.
Roll call on Assembly Bill No. 552:
Yeas—40
Nays—Collins.
Excused—Freeman.
Assembly Bill No. 552 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 571.
Bill read third time.
Remarks by Assemblyman Lee.
Roll call on Assembly Bill No. 571:
Yeas—41.
Nays—None.
Excused—Freeman.
Assembly Bill No. 571 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 578.
Bill read third time.
Remarks by Assemblymen Anderson, Carpenter, Gustavson, Lee, Nolan, Gibbons, Giunchigliani, Beers and Collins.
Mr. Speaker requested the privilege of the chair for the purpose of making remarks.
Conflict of interest declared by Assemblyman Gustavson.
Roll call on Assembly Bill No. 578:
Yeas—21.
Nays—Angle, Beers, Berman, Brown, Carpenter, Cegavske, Chowning, de Braga, Giunchigliani, Gustavson, Hettrick, Koivisto, Lee, Nolan, Price, Smith, Tiffany, Von Tobel—18.
Not Voting—Brower, Dini—2.
Excused—Freeman.
Assembly Bill No. 578 having failed to receive a two-thirds majority, Mr. Speaker declared it lost.
Assembly Bill No. 601.
Bill read third time.
Roll call on Assembly Bill No. 601:
Yeas—41.
Nays—None.
Excused—Freeman.
Assembly Bill No. 601 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 296 was this day passed.
Assemblyman Arberry moved that Assembly Bill No. 630 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Arberry.
Motion carried.
general file and third reading
Assembly Bill No. 622.
Bill read third time.
Roll call on Assembly Bill No. 622:
Yeas—39.
Nays—Angle, Gustavson—2.
Excused—Freeman.
Assembly Bill No. 622 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 13.
Resolution read third time.
Remarks by Assemblymen Manendo and Goldwater.
Roll call on Assembly Joint Resolution No. 13:
Yeas—41.
Nays—None.
Excused—Freeman.
Assembly Joint Resolution No. 13 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Assembly Bill No. 413.
Bill read third time.
The following amendment was proposed by Assemblyman Bache:
Amendment No. 587.
Amend section 1, page 1, line 10, by deleting:
“affect adversely the continued existence” and inserting:
“preempt all of the statutory powers and duties”.
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. This act becomes effective on July 1, 2001, and expires by limitation on July 1, 2003.”.
Amend the title of the bill, second and third lines, by deleting:
“affect adversely the continued existence” and inserting:
“preempt all of the statutory powers and duties”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 407.
Bill read third time.
The following amendment was proposed by Assemblywoman Buckley:
Amendment No. 601.
Amend section 1, page 1, line 5, by deleting “project.” and inserting:
“project [.] , other than a project to construct, repair or reconstruct dwelling units for low-income households.”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 341.
Bill read third time.
Remarks by Assemblymen Buckley, Angle, Ohrenschall, Carpenter and Manendo.
Conflicts of interest declared by Assemblymen Angle and Carpenter.
Roll call on Assembly Bill No. 341:
Yeas—25.
Nays—Beers, Berman, Brower, Brown, Cegavske, de Braga, Dini, Goldwater, Gustavson, Hettrick, Lee, Marvel, Tiffany, Von Tobel—14.
Not Voting—Angle, Carpenter—2.
Excused—Freeman.
Assembly Bill No. 341 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 131, 225, 563, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Taxation, to which was referred Assembly Bill No. 654, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
David E. Goldwater, Chairman
Mr. Speaker:
Your Concurrent Committee on Taxation, to which was referred Assembly Bill No. 434, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
David E. Goldwater, Chairman
Mr. Speaker:
Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 556, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Morse Arberry Jr., Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bills Nos. 131, 225, 434, 556, 563 and 654 be placed on the Second Reading File.
Motion carried.
Assemblywoman Buckley moved that Assembly Bill No. 619 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Remarks by Assemblywoman Buckley.
Motion carried.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 1:26 p.m.
ASSEMBLY IN SESSION
At 1:39 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Beers gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 578 was this day refused passage.
SECOND READING AND AMENDMENTf
Senate Bill No. 271.
Bill read second time and ordered to third reading.
Assembly Bill No. 63.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 391.
Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
“Section 1. NRS 278.160 is hereby amended to read as follows:
278.160 1. The master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:
(a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.
(b) Conservation plan. For the conservation, development and utilization of natural resources, including , without limitation, water and its hydraulic force, underground water, water supply, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.
(c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.
(d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.
(e) Housing plan. The housing plan must include [, but is not limited to:], without limitation:
(1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing.
(2) An inventory of affordable housing in the community.
(3) An analysis of the demographic characteristics of the community.
(4) A determination of the present and prospective need for affordable housing in the community.
(5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.
(6) An analysis of the characteristics of the land that is the most appropriate for the construction of affordable housing.
(7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.
(8) A plan for maintaining and developing affordable housing to meet the housing needs of the community.
(f) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan may include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.
(g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.
(h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.
(i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights of way, easements and facilities therefor, including , without limitation, any utility projects required to be reported pursuant to NRS 278.145.
(j) Recreation plan. Showing a comprehensive system of recreation areas, including , without limitation, natural reservations, parks, parkways, trails, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.
(k) Rural neighborhoods preservation plan. In any county whose population is 400,000 or more, showing general plans to preserve the character and density of rural neighborhoods.
(l) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including , without limitation, hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from those hazards.
(m) School facilities plan. Showing the general locations of current and future school facilities based upon information furnished by the appropriate local school district.
(n) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.
(o) Solid waste disposal plan. Showing general plans for the disposal of solid waste.
(p) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.
(q) Transit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.
(r) Transportation plan. Showing a comprehensive transportation system, including , without limitation, locations of rights of way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.
2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.
Sec. 2. NRS 278.4781 is hereby amended to read as follows:
278.4781 1. “Landscaping” means trees, shrubs, grass and other ornamentation, whether or not natural or artificial, [and] located:
(a) On the perimeter of a development or subdivision.
(b) On a median strip on the perimeter of a development or subdivision.
2. The term includes drainage necessary for the maintenance [thereof.]of the landscaping described in subsection 1.
Sec. 3. NRS 278.4787 is hereby amended to read as follows:
278.4787 1. [A] Except as otherwise provided in subsection 5, a person who proposes to divide land for transfer or development into four or more lots pursuant to NRS 278.360 to 278.460, inclusive, or chapter 278A of NRS, may, in lieu of providing for the creation of an association for a common-interest community, request the governing body of the jurisdiction in which the land is located to assume the maintenance of one or more of the following improvements located on the land:
(a) Landscaping;
(b) Public lighting; [and]
(c) Security walls [.
2. A request made] ; and
(d) Trails, parks and open space which provide a substantial public benefit or which are required by the governing body for the primary use of the public.
2. A governing body shall establish by ordinance a procedure pursuant to which a request may be submitted pursuant to subsection 1 [must be made] in the form of a petition , which must be signed by a majority of the owners whose property will be assessed [pursuant to subsection 3] and which must set forth descriptions of all tracts of land or residential units that would be subject to such an assessment.
3. [Upon receipt of the petition,] The governing body may by ordinance designate a person to approve or disapprove a petition submitted pursuant to this section. If the governing body adopts such an ordinance, the ordinance must provide, without limitation:
(a) Procedures pursuant to which the petition must be reviewed to determine whether it would be desirable for the governing body to assume the maintenance of the proposed improvements.
(b) Procedures for the establishment of a maintenance district or unit of assessment.
(c) A method for:
(1) Determining the relative proportions in which the assumption of the maintenance of the proposed improvements by the governing body will:
(I) Benefit the development or subdivision in which the improvements are located; and
(II) Benefit the public;
(2) Assessing the tracts of land or residential units in the development or subdivision to pay the costs that will be incurred by the governing body in assuming the maintenance of the proposed improvements, in the proportion that such maintenance will benefit the development or subdivision in which the improvements are located; and
(3) Allocating an amount of public money to pay the costs that will be incurred by the governing body in assuming the maintenance of the proposed improvements, in the proportion that such maintenance will benefit the public.
(d) Procedures for a petitioner or other aggrieved person to appeal to the governing body a decision of the person designated by the governing body by ordinance adopted pursuant to this subsection to approve or disapprove a petition.
4. If the governing body does not designate by an ordinance adopted pursuant to subsection 3 a person to approve or disapprove a petition, the governing body shall , after receipt of a complete petition submitted at least 120 days before the approval of the final map for the land, hold a public hearing at least 90 days before the approval of the final map for the land, unless otherwise waived by the governing body, to determine the desirability of assuming the maintenance of the proposed improvements. If the governing body determines that it would be undesirable for the governing body to assume the maintenance of the proposed improvements, the governing body shall specify for the record its reasons for that determination. If the governing body determines that it would be desirable for the governing body to assume the maintenance of the proposed improvements, the governing body shall by ordinance:
(a) Determine the relative proportions in which the assumption of the maintenance of the proposed improvements by the governing body will:
(1) Benefit the development or subdivision in which the improvements are located; and
(2) Benefit the public.
(b) Create a maintenance district or unit of assessment consisting of the tracts of land or residential units set forth in the petition [.
(b)]or include the tracts of land or residential units set forth in the petition in an existing maintenance district or unit of assessment.
(c) Establish the method or, if the tracts or units are included within an existing maintenance district or unit of assessment, apply an existing method for determining [the] :
(1) The amount of an assessment [for the cost of the maintenance assumed] to pay the costs that will be incurred by the governing body [and the] in assuming the maintenance of the proposed improvements. The amount of the assessment must be determined in accordance with the proportion to which such maintenance will benefit the development or subdivision in which the improvements are located.
(2) The time and manner of payment of the assessment.
[(c)](d) Provide that the assessment constitutes a lien upon the tracts of land or residential units [thereon.] within the maintenance district or unit of assessment. The lien must be executed, and has the same priority, as a lien for property taxes.
[(d)](e) Prescribe the levels of maintenance to be provided.
[(e) Determine the amount by which the public interest will benefit from the provision of the maintenance and allocate]
(f) Allocate to the cost of providing the maintenance the appropriate amount of public money to pay for that part of the maintenance which creates the public benefit.
[(f)] (g) Address any other matters that the governing body determines to be relevant to the maintenance of the improvements [.
4.] , including, without limitation, matters relating to the ownership of the improvements and the land on which the improvements are located and any exposure to liability associated with the maintenance of the improvements.
5. If the governing body requires an owner of land to dedicate a tract of land as a trail identified in the recreation plan of the governing body adopted pursuant to paragraph (j) of subsection 1 of NRS 278.160, the governing body shall:
(a) Accept ownership of the tract; and
(b) Assume the maintenance of the tract and any other improvement located on the land that is authorized in subsection 1.
6. The governing body shall record, in the office of the county recorder for the county in which the tracts of land or residential units included in a petition approved pursuant to this section are located, a notice of the creation of the maintenance district or unit of assessment that is sufficient to advise the owners of the tracts of land or residential units that the tracts of land or residential units are subject to the assessment. The costs of recording the notice must be paid by the petitioner.
7. The provisions of this section apply retroactively to a development or subdivision with respect to which:
(a) An agreement or agreements between the owners of tracts of land within the development or subdivision and the developer allow for the provision of services in the manner set forth in this section; or
(b) [All of the] The owners of affected tracts of land or residential units agree [in writing to be bound by the provisions of] to dissolve the association for their common-interest community in accordance with the governing documents of the common-interest community upon approval by the governing body of a petition filed by the owners pursuant to this section.
Sec. 4. Notwithstanding the amendatory provisions of subsection 2 of NRS 278.4787, a governing body shall adopt the ordinance required pursuant to that subsection on or before October 1, 2001.
Sec. 5. This act becomes effective upon passage and approval.”.
Amend the title of the bill to read as follows:
“AN ACT relating to real property; revising the provisions governing the maintenance of certain improvements in subdivisions and planned unit developments; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY¾Revises provisions governing maintenance of certain improvements in subdivisions and planned unit developments. (BDR 22‑994)”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 447.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 442.
Amend sec. 11, page 2, by deleting line 12 and inserting:
“Sec. 11. It is an unfair lending practice for a lender to:
1. Require a”.
Amend sec. 11, page 2, by deleting lines 17 through 40 and inserting:
“2. Knowingly or intentionally make a home loan to a borrower based solely upon the equity of the borrower in the home property and without determining that the borrower has the ability to repay the home loan from other assets.
3. Finance a prepayment fee or penalty in connection with the refinancing of an existing home loan.
4. Finance, directly or indirectly in connection with a home loan, any credit insurance, life insurance, disability insurance, health insurance, involuntary unemployment insurance or any other similar form of insurance premiums, unless, before the borrower executes the financing documents, the lender completes and executes, and the borrower executes, a notice in substantially the following form:
INSURANCE NOTICE TO BORROWERS
You have indicated that you are electing to purchase insurance in conjunction with this loan. THE COST OF THIS INSURANCE is being PREPAID AND FINANCED AT THE INTEREST RATE PROVIDED FOR THIS LOAN. THE INSURANCE IS NOT REQUIRED as a condition of closing this loan, but has been included with the loan at your request.
YOU HAVE THE RIGHT TO CANCEL THIS INSURANCE AFTER PURCHASE.
THE COST OF THIS INSURANCE WITHOUT FINANCING IS __________.
THE COST OF THIS INSURANCE WITH FINANCING IS __________.
YOUR REGULAR MORTGAGE PAYMENT WITHOUT THIS INSURANCE WOULD BE $__________ EACH MONTH, AS COMPARED TO A MONTHLY MORTGAGE PAYMENT OF $__________ WHEN THE INSURANCE IS ADDED TO THE AMOUNT YOU ARE BORROWING AND FINANCED AS A PART OF YOUR MORTGAGE, A DIFFERENCE OF $__________ EACH MONTH.
(Signature of Lender)
(Signature of Borrower)”.
Amend sec. 12, page 2, line 41, after “12.” by inserting “1.”.
Amend sec. 12, page 2, by deleting line 42 and inserting: “described in this chapter is guilty of a misdemeanor.
2. If, on or after October 1, 2001, a lender engages in any unfair lending practice described in this chapter in connection with a home loan, the home property for which the mortgage, deed of trust or other instrument was given as security for the repayment of the home loan shall be deemed to be exempt from:
(a) Any foreclosure sale, trustee’s sale or other sale to enforce the home loan; and
(b) Any execution issued upon a judgment to enforce the home loan.”.
Amend sec. 13, page 2, line 44, by deleting “prohibited by” and inserting “described in”.
Amend the bill as a whole by renumbering sections 16 through 18 as sections 17 through 19 and adding a new section designated sec. 16, following sec. 15, to read as follows:
“Sec. 16. NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as otherwise specifically provided in this section:
(a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.
(b) Necessary household goods, as defined in 16 C.F.R. § 444.1(i) as that section existed on January 1, 1987, and yard equipment, not to exceed $3,000 in value, belonging to the judgment debtor to be selected by him.
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.
(d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.
(e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.
(f) Except as otherwise provided in paragraph (o), one vehicle if the judgment debtor’s equity does not exceed $4,500 or the creditor is paid an amount equal to any excess above that equity.
(g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during that period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 , 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (n), (r) and (s), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, “disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.
(h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.
(i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
(j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
(k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000. If the premium exceeds that amount, a similar exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.
(l) The homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.
(m) The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed $125,000 in value and the dwelling is situate upon lands not owned by him.
(n) All property in this state of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan.
(o) Any vehicle owned by the judgment debtor for use by him or his dependent that is equipped or modified to provide mobility for a person with a permanent disability.
(p) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.
(q) Money, not to exceed $500,000 in present value, held in:
(1) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;
(2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;
(3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code; and
(4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code , [(] 26 U.S.C. §§ 401 et seq. [).]
(r) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the state.
(s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
2. Except as otherwise provided in NRS 115.010[,] and section 12 of this act, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
3. Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 [(92 Stat. 2586)] , 11 U.S.C. § 522(d), do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2, of this section.”.
Amend sec. 16, page 3, by deleting lines 25 and 26 and inserting:
“690A.100 [The] Except as otherwise provided in subsection 4 of section 11 of this act, the premium or other”.
Amend sec. 17, page 3, by deleting lines 31 and 32 and inserting:
“690A.110 The premium or cost of”.
Amend sec. 17, page 3, line 36, after “transaction, and” by inserting:
“, except as otherwise provided in sections 2 to 15, inclusive, of this act,”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 448.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 501.
Amend section 1, page 1, by deleting lines 3 through 5 and inserting:
“1. A person may not operate railroad gaming without obtaining a restricted license for railroad gaming from the commission.”.
Amend section 1, page 1, line 7, by deleting “nonrestricted” and inserting “restricted”.
Amend section 1, page 1, line 13, before “railroad” by inserting “historic”.
Amend section 1, page 1, line 15, by deleting:
“device or game or”.
Amend section 1, page 2, by deleting lines 1 through 6 and inserting:
“3. The commission shall adopt regulations governing the licensing and operation of railroad gaming.
4. As used in this section:
(a) “Historic railroad train” means a steam, electric or other motor locomotive of historic distinction, with or without railroad cars coupled thereto, which travels upon stationary rails within this state and which is operated by a nonprofit organization. The term does not include a streetcar.
(b) “Railroad gaming” means the operation of slot machines on a historic railroad train.”.
Amend the bill as a whole by renumbering sections 2 through 4 as sections 3 through 5 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 463.0189 is hereby amended to read as follows:
463.0189 “Restricted license” or “restricted operation” means a state gaming license for, or an operation consisting of, not more than 15 slot machines and no other game or gaming device [at] :
1. At an establishment in which the operation of slot machines is incidental to the primary business of the establishment [.] ; or
2. On a historic railroad train as defined in section 1 of this act.”.
Amend sec. 2, page 2, line 10, by deleting “purchase and”.
Amend the title of the bill, fourth line, by deleting “purchase and”.
Amend the summary of the bill to read as follows:
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblymen Anderson and Dini.
Amendment adopted.
Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.
Assembly Bill No. 453.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 351.
Amend sec. 13, page 2, by deleting lines 31 through 34 and inserting:
“Sec. 13. “Medical use of marijuana” means:
1. The possession, delivery, production or use of marijuana;
2. The possession, delivery or use of paraphernalia used to administer marijuana; or
3. Any combination of the acts described in subsections 1 and 2,
as necessary
for the exclusive benefit of a person to mitigate the symptoms or effects of
his chronic or debilitating medical condition.”.
Amend the bill as a whole by adding a new section designated sec. 13.5, following sec. 13, to read as follows:
“Sec. 13.5. “Production” has the meaning ascribed to it in NRS 453.131.”.
Amend sec. 14, page 2, line 36, after “department” by inserting:
“or its designee”.
Amend sec. 17, page 3, by deleting lines 6 through 10 and inserting:
“(a) Possession, delivery or production of marijuana;
(b) Possession or delivery of drug paraphernalia;
(c) Aiding and abetting another in the possession, delivery or production of marijuana;
(d) Aiding and abetting another in the possession or delivery of drug paraphernalia;
(e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and
(f) Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of drug paraphernalia is an element,”.
Amend sec. 18, page 3, by deleting lines 25 through 33 and inserting:
“the designated primary caregiver of such a person, if any, may not, at any one time, collectively possess, deliver or produce more than:
(a) One ounce of usable marijuana;
(b) Three mature marijuana plants; and
(c) Four immature marijuana plants.
2. If the persons described in subsection 1 possess, deliver or produce marijuana in an amount which exceeds the amount allowed pursuant to that subsection, those persons:
(a) Are not exempt from state prosecution for possession, delivery or production of marijuana.
(b) May establish an affirmative defense to charges of possession, delivery or production of marijuana, or any combination of those acts, in the manner set forth in section 25 of this act.”.
Amend sec. 19, page 3, by deleting lines 38 through 40 and inserting:
“department or its designee shall issue a registry identification card to a person who submits an application on a form prescribed by the department”.
Amend sec. 19, page 4, line 1, by deleting “photograph,”.
Amend sec. 19, page 4, line 7, by deleting “, photograph”.
Amend sec. 19, page 4, by deleting lines 12 through 17 and inserting:
“3. The department or its designee shall issue a registry identification card to a person who is under 18 years of age if:
(a) The person submits the materials required”.
Amend sec. 19, page 5, between lines 5 and 6, by inserting:
“The central
repository for Nevada records of criminal history shall report to the
department its findings as to the criminal history, if any, of an applicant
within 15 days after receiving a copy of an application pursuant to
subparagraph (3) of paragraph (c). The board of medical examiners shall report
to the department its findings as to the licensure and standing of the
applicant’s attending physician within 15 days after receiving a copy of an
application pursuant to subparagraph (4) of paragraph (c).”.
Amend sec. 20, page 6, by deleting lines 14 and 15 and inserting:
“subsection 5 of section 19 of this act, the department or its designee shall, as soon as practicable after the department approves the application:”.
Amend sec. 21, page 6, line 41, after “department” by inserting:
“or its designee”.
Amend sec. 21, page 7, line 8, after “marijuana;” by inserting “and”.
Amend sec. 21, page 7, line 12, by deleting “, photograph”.
Amend sec. 21, page 7, by deleting lines 16 through 29 and inserting:
“caregiver.
2. A person to whom the department or its designee has issued a registry identification card pursuant to paragraph (b) of subsection 1 of section 20 of this act or pursuant to section 23 of this act shall, in accordance with regulations adopted by the department, notify the department of any change in his name, address, telephone number or the identity of the person for whom he acts as designated primary caregiver.”.
Amend sec. 21, page 7, line 33, before “issued” by inserting:
“or its designee”.
Amend sec. 21, page 7, line 36, after “expired.” by inserting:
“Upon the deemed expiration of a registry identification card pursuant to this subsection:
(a) The department shall send, by certified mail, return receipt requested, notice to the person whose registry identification card has been deemed expired, advising the person of the requirements of paragraph (b); and
(b) The person shall return his registry identification card to the department within 7 days after receiving the notice sent pursuant to paragraph (a).”.
Amend sec. 22, page 7, line 37, after “department” by inserting:
“or its designee”.
Amend sec. 23, page 7, line 45, after “department” by inserting:
“or its designee”.
Amend sec. 23, pages 7 and 8, by deleting lines 48 and 49 on page 7 and lines 1 through 7 on page 8 and inserting:
“(a) To designate a primary caregiver at the time of application, submit to the department the information required pursuant to paragraph (d) of subsection 2 of section 19 of this act; or
(b) To designate a primary caregiver after the department or its designee has issued a registry identification card to him, submit to the department the information required pursuant to subparagraph (2) of paragraph (b) of subsection 1 of section 21 of this act.”.
Amend sec. 23, page 8, line 11, after “department” by inserting:
“or its designee”.
Amend sec. 23, page 8, line 14, by deleting:
“within 5 days” and inserting:
“as soon as practicable”.
Amend sec. 24, page 8, by deleting lines 16 through 21 and inserting:
“Sec. 24. 1. A person who is authorized to engage or assist in the medical use of marijuana pursuant to the provisions of this chapter is not exempt from state prosecution for, nor may he use his authorization to engage or assist in the medical use of marijuana to establish an affirmative defense to charges arising from, any of the following acts:”.
Amend sec. 24, page 8, line 40, before “pursuant” by inserting:
“or its designee”.
Amend sec. 24, page 8, line 43, after “department” by inserting:
“or its designee”.
Amend sec. 25, page 9, by deleting lines 3 and 4 and inserting:
“charge of possession, delivery or production of marijuana, or any other criminal offense in which possession, delivery or production of marijuana is an element, that”.
Amend sec. 25, page 9, line 13, by deleting “or delivers” and inserting:
“, delivers or produces”.
Amend sec. 25, page 9, line 22, by deleting “or delivers” and inserting:
“, delivers or produces”.
Amend sec. 25, page 9, by deleting line 29 and inserting:
“by the department or its designee pursuant to section 20 or 23 of this act to assert an”.
Amend sec. 25, page 9, by deleting lines 31 and 32 and inserting:
“3. Except as otherwise provided in this section and in addition to the affirmative defense described in subsection 1, a person engaged or assisting in the medical use of marijuana who is charged with a crime pertaining to the medical use”.
Amend sec. 26, page 10, line 6, after “department” by inserting:
“or its designee”.
Amend sec. 26, page 10, by deleting lines 11 and 12 and inserting:
“2. Except as otherwise provided in this subsection, if officers of a state or local law enforcement agency seize marijuana, drug paraphernalia or other related property from a person engaged”.
Amend sec. 26, page 10, line 15, after “other” by inserting “related”.
Amend sec. 26, page 10, line 18, after “other” by inserting “related”.
Amend sec. 26, page 10, line 23, after “other” by inserting “related”.
Amend sec. 26, page 10, line 25, after “other” by inserting “related”.
Amend sec. 26, page 10, by deleting lines 28 and 29 and inserting:
“person any usable marijuana, marijuana plants, drug paraphernalia or other related property that was seized.
The
provisions of this subsection do not require a law enforcement agency to care
for live marijuana plants.”.
Amend sec. 29, page 11, line 29, after “department” by inserting:
“or its designee”.
Amend sec. 29, page 11, line 32, after “department” by inserting:
“or its designee”.
Amend sec. 31, page 12, by deleting line 14 and inserting:
“possession, delivery or production of marijuana or the possession or delivery of drug paraphernalia in a manner”.
Amend sec. 32, page 12, by deleting lines 19 through 23 and inserting:
“1. Procedures pursuant to which the state department of agriculture will, in cooperation with the department of motor vehicles and public safety, cause a registry identification card to be prepared and issued to a qualified person as a type of identification card described in NRS 483.810 to 483.890, inclusive. The procedures described in this subsection must provide that the state department of agriculture will:
(a) Issue a registry identification card to a qualified person after the card has been prepared by the department of motor vehicles and public safety; or
(b) Designate the department of motor vehicles and public safety to issue a registry identification card to a person if:
(1) The person presents to the department of motor vehicles and public safety valid documentation issued by the state department of agriculture indicating that the state department of agriculture has approved the issuance of a registry identification card to the person; and
(2) The department of motor vehicles and public safety, before issuing the registry identification card, confirms by telephone or other reliable means that the state department of agriculture has approved the issuance of a registry identification card to the person.
2. Criteria for determining whether a marijuana plant is a mature marijuana plant or an immature marijuana plant.”.
Amend sec. 36, page 12, by deleting line 41 and inserting “department;”.
Amend sec. 37, pages 13 and 14, by deleting line 49 on page 13 and lines 1 through 26 on page 14 and inserting:
“possibility of rehabilitation and any other relevant information.
6.] Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of 1 ounce or less of marijuana:
(a) For the first offense, is guilty of a misdemeanor and shall be:
(1) Punished by a fine of not more than $600; and
(2) Examined by an approved facility for the treatment of abuse of drugs to determine whether he is a drug addict and is likely to be rehabilitated through treatment.
(b) For the second offense, is guilty of a misdemeanor and shall be:
(1) Punished by a fine of not more than $1,000; and
(2) Assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.
(c) For a third or subsequent offense, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $1,000 nor more than $2,000.
5. As used in this section, “controlled substance” includes”.
Amend the bill as a whole by deleting sec. 43 and adding:
“Sec. 43. (Deleted by amendment.)”.
Amend sec. 48, page 23, by deleting lines 22 through 37 and inserting:
“Sec. 48. 1. There is hereby appropriated from the state general fund to the state department of agriculture the sum of $50,000 to carry out the provisions of sections 2 to 33, inclusive, of this act.
2. The money appropriated pursuant to subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding available to the state department of agriculture to carry out the provisions of sections 2 to 33, inclusive, of this act.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.”.
Amend the title of the bill to read as follows:
“AN ACT relating to controlled substances; authorizing the medical use of marijuana in certain circumstances; revising the penalties for possessing marijuana; making an appropriation; and providing other matters properly relating thereto.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.
Assembly Bill No. 460.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 592.
Amend section 1, pages 1 through 3, by deleting lines 8 through 21 on page 1, lines 1 through 49 on page 2 and lines 1 and 2 on page 3, and inserting:
“2. On or before [January 31 of each year,] the last day of the month following each calendar quarter, the short-term lessor shall:
(a) File with the department of taxation and the department of motor vehicles and public safety, on a form prescribed by the department of taxation, a report indicating the total amount of:
(1) Fees collected by the short-term lessor during the immediately preceding [year] calendar quarter pursuant to this section; and
(2) Vehicle licensing fees and taxes paid by the short-term lessor during the immediately preceding [year] calendar quarter pursuant to this chapter.
(b) Remit to the department of taxation [:
(1) One-third] one-third of the fees collected by the short-term lessor during the immediately preceding [year] calendar quarter pursuant to this section . [; and
(2) Of the remainder of those fees, any amount]
3. On or before January 31 of each year, the short-term lessor shall remit to the department of taxation the amount of the remainder of the fees collected by the short-term lessor during the immediately preceding year pursuant to this section that is in excess of the total amount of vehicle licensing fees and taxes paid by the short-term lessor during the immediately preceding year pursuant to this chapter.
[3.] 4. The department of taxation shall deposit all money received from short-term lessors pursuant to the provisions of this section with the state treasurer for credit to the state general fund.
[4.] 5. To ensure compliance with this section, the department of taxation may audit the records of a short-term lessor.
[5.] 6. The provisions of this section do not limit or affect the payment of any taxes or fees imposed pursuant to the provisions of this chapter.
[6.] 7. The department of motor vehicles and public safety shall, upon request, provide to the department of taxation any information in its records relating to a short-term lessor that the department of taxation considers necessary to collect the fee required by this section.
[7.] 8. As used in this section, “vehicle licensing fees and taxes” means:
(a) The fees paid by a short-term lessor for the registration of, and the issuance of certificates of title for, the passenger cars leased by him; and
(b) The basic and supplemental governmental services taxes paid by the short-term lessor with regard to those passenger cars.”.
Amend the bill as a whole by deleting sec. 2 and renumbering sec. 3 as sec. 2.
Amend sec. 3, page 3, line 37, by deleting:
“July 1, 2001.” and inserting:
“January 1, 2002.”.
Amend the title of the bill to read as follows:
“AN ACT relating to motor vehicles; revising provisions governing the remission of fees by short-term lessors of passenger cars to the department of taxation; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing remission of fees collected by short-term lessors of passenger cars to department of taxation. (BDR 43-589)”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Assemblywoman Chowning moved that upon return from the printer Assembly Bill No. 460 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.
Assembly Bill No. 550.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 507.
Amend section 1, page 1, by deleting lines 6 through 16 and inserting:
“medication.
2. A medication may be administered to a client despite his refusal if an emergency exists in which immediate intervention is necessary to:
(a) Protect the client from inflicting serious harm to himself; or
(b) Prevent the client from inflicting serious harm to other persons.
3. A psychotropic medication may be administered to a client despite his refusal pursuant to a court order, issued after a full and fair adversarial”.
Amend section 1, page 2, line 1, by deleting “(1)” and inserting “(a)”.
Amend section 1, page 2, by deleting line 3 and inserting:
“(b) Treatment by psychotropic medication is necessary to prevent a”.
Amend section 1, page 2, line 7, by deleting “(3)” and inserting “(c)”.
Amend section 1, page 2, by deleting line 8, and inserting:
“(d) The need of the client for treatment by psychotropic medication”.
Amend section 1, page 2, line 11, by deleting “3.” and inserting “4.”.
Amend section 1, page 2, by deleting line 12 and inserting:
“to subsection 3.
5. As used in this section, “emergency” has the meaning ascribed to it in NRS 433.5466.”.
Amend the bill as a whole by deleting section 3 and renumbering sections 4 and 5 as sections 3 and 4.
Amend the bill as a whole by deleting sections 6 through 11 and renumbering sections 12 through 14 as sections 5 through 7.
Amend sec. 12, page 5, by deleting lines 35 through 41 and inserting:
“mental health facility or hospital under subsection 1 must [not be detained in excess of] be released within 72 hours, including [Saturdays and Sundays,] weekends and holidays, from the time of his admission unless within that period a written petition for an involuntary court-ordered admission [has been] is filed with the clerk of the district court pursuant to NRS 433A.200 [.] or the status of the person is changed to a voluntary admission.”.
Amend sec. 13, page 6, line 2, by deleting “An” and inserting:
“Except as otherwise provided in subsection 2, an”.
Amend sec. 13, page 6, line 24, by deleting “magistrate” and inserting “district court”.
Amend sec. 13, page 6, by deleting lines 31 through 33 and inserting:
“The district court may issue such an order only if it is satisfied that”.
Amend sec. 13, page 6, line 37, after “2.” by inserting:
“An application for the emergency admission of an allegedly mentally ill person for evaluation, observation and treatment may be made by a spouse, parent, adult child or legal guardian of the person. The spouse, parent, adult child or legal guardian may:
(a) Apply to a district court for an order described in paragraph (b) of subsection 1; or
(b) Apply to the district attorney of the county where the allegedly mentally ill person is found to have the district attorney apply for an order described in paragraph (b) of subsection 1. A district attorney who receives an application pursuant to this paragraph shall inform the applicant of the provisions of NRS 433A.750 and review the application to determine whether in his opinion there is probable cause to believe that the allegedly mentally ill person is a mentally ill person and, because of that illness, is likely to harm himself or others if allowed his liberty. If the district attorney determines that such probable cause exists, he may, in his discretion, apply to a district court for an order described in paragraph (b) of subsection 1.
3.”.
Amend sec. 13, page 6, line 41, by deleting “3.” and inserting “[3.] 4.”.
Amend sec. 13, page 6, line 44, by deleting “2” and inserting “ [2] 3”.
Amend sec. 13, page 6, by deleting line 46 and inserting:
“[4. Any person who has reason to believe that another person is”.
Amend sec. 13, page 7, by deleting lines 7 and 8 and inserting:
“emergency admission provisions of NRS 433A.150.]
5. Except as otherwise provided in this subsection, each person”.
Amend the bill as a whole by deleting sec. 15 and renumbering sections 16 through 23 as sections 8 through 15.
Amend sec. 17, page 8, by deleting lines 29 through 32 and inserting:
“pursuant to NRS 433A.160 [with respect to the person detained;] ; and
2. A petition executed by a psychiatrist, licensed psychologist or physician [certifying that he] , including, without limitation, a sworn statement that:
(a) He has examined the person alleged to be mentally ill [and has concluded that as a result of mental illness the person is likely to”.
Amend sec. 17, page 8, by deleting lines 37 through 39 and inserting:
“filing of the petition.] ;
(b) In his opinion, there is a reasonable degree of certainty that the person alleged to be mentally ill suffers from a mental illness;
(c) Based on his personal observation of the person alleged to be mentally ill and other facts set forth in the petition, the person poses a risk of imminent harm to himself or others; and
(d) In his opinion, involuntary admission of the person alleged to be mentally ill to a mental health facility or hospital is medically necessary to prevent the person from harming himself or others.”.
Amend sec. 18, page 8, line 42, by deleting:
“, [or 433A.210,]” and inserting “or 433A.210,”.
Amend sec. 18, pages 8 and 9, by deleting lines 44 through 48 on page 8 and lines 1 through 12 on page 9, and inserting:
“time, date and place for its hearing. The date must be [:
(a) Within 14 calendar days after the date on which the petition is received by the clerk;
(b) If at the time the petition is received by the clerk the subject of the petition was admitted to a hospital or public or private mental health facility pursuant to NRS 433A.160, within 5 judicial days after the date on which the petition is received by the clerk; or
(c) If the district attorney filed a petition for the emergency admission of the subject of the petition,] within 5 judicial days after the date on which the petition is received by the clerk.”.
Amend sec. 19, page 9, line 25, by deleting:
“, [or 433A.210,]” and inserting “or 433A.210,”.
Amend sec. 19, page 9, by deleting lines 34 through 41 and inserting:
“facility or hospital where he may be detained until a hearing is had upon the petition.
3. [Unless] If the person is [admitted] not being detained under an emergency”.
Amend sec. 19, page 10, by deleting lines 1 through 13 and inserting:
“4. Except as otherwise provided in this subsection, each physician and licensed psychologist who examines a person pursuant to subsection 1 shall, not later than 48 hours before the hearing set pursuant to NRS 433A.220, submit to the court in writing a summary of his findings and evaluation regarding the person alleged to be mentally ill. If the person alleged to be mentally ill is admitted under an emergency admission pursuant to NRS 433A.145 or 433A.150, the written findings and evaluation must be submitted to the court not later than 24 hours before the hearing set pursuant to [paragraph (b) of] subsection 1 of NRS 433A.220.”
Amend sec. 20, page 10, by deleting lines 16 through 20 and inserting:
“friend on his behalf is entitled to retain counsel to represent him in any proceeding before the district court relating to involuntary court-ordered admission, and if he fails or refuses to obtain counsel, the court shall advise him and”.
Amend sec. 20, page 10, by deleting lines 24 and 25 and inserting:
“awarded compensation by the court for his services in an amount determined by it to be fair and”.
Amend sec. 20, page 10, by deleting lines 30 through 34 and inserting:
“3. The court shall, at the request of [any counsel,] counsel representing the allegedly mentally ill person in proceedings before the court relating to involuntary court-ordered admission, grant a recess in the proceedings for the shortest time possible, but for not more than 5 days , to give the counsel an opportunity to prepare his case.”.
Amend sec. 20, page 10, lines 39 and 40, by deleting:
“ . [or 433A.210.]” and inserting “or 433A.210.”.
Amend sec. 22, page 11, lines 28 and 29, by deleting:
“and section 8 of this act,”.
Amend sec. 23, page 12, line 13, by deleting “antipsychotic” and inserting “psychotropic”.
Amend the bill as a whole by renumbering sections 24 through 27 as sections 17 through 20 and adding a new section, designated sec. 16, following sec. 23, to read as follows:
“Sec. 16. NRS 449.710 is hereby amended to read as follows:
449.710 Every patient of a medical facility, facility for the dependent or home for individual residential care has the right to:
1. Receive information concerning any other medical or educational facility or facility for the dependent associated with the facility at which he is a patient which relates to his care.
2. Obtain information concerning the professional qualifications or associations of the persons who are treating him.
3. Receive the name of the person responsible for coordinating his care in the facility or home.
4. Be advised if the facility in which he is a patient proposes to perform experiments on patients which affect his own care or treatment.
5. Receive from his physician a complete and current description of his diagnosis, plan for treatment and prognosis in terms which he is able to understand. If it is not medically advisable to give this information to the patient, the physician shall:
(a) Provide the information to an appropriate person responsible for the patient; and
(b) Inform that person that he shall not disclose the information to the patient.
6. Receive from his physician the information necessary for him to give his informed consent to a procedure or treatment. Except in an emergency, this information must not be limited to a specific procedure or treatment and must include:
(a) A description of the significant medical risks involved;
(b) Any information on alternatives to the treatment or procedure if he requests that information;
(c) The name of the person responsible for the procedure or treatment; and
(d) The costs likely to be incurred for the treatment or procedure and any alternative treatment or procedure.
7. Examine the bill for his care and receive an explanation of the bill, whether or not he is personally responsible for payment of the bill.
8. Know the regulations of the facility or home concerning his conduct at the facility or home.
9. Receive, within reasonable restrictions as to time and place, visitors of his choosing, including, without limitation, friends and members of his family.”.
Amend the title of the bill to read as follows:
“AN ACT relating to health; restricting the authority of a mental health facility to override a client’s refusal of medication; making various changes to procedures for the detention and civil commitment of mentally ill persons; expanding the rights of patients of certain health care facilities; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing rights of clients of mental health facilities and patients of health care facilities and revises procedures for detention and civil commitment of mentally ill persons. (BDR 39‑1479)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 657.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 446.
Amend sec. 3, page 2, by deleting lines 12 and 13 and inserting:
“(b) All parts and components”.
Amend sec. 3, page 2, line 15, by deleting “vehicle.” and inserting:
“vehicle;
(c) All motor vehicles used by professional racing teams to transport professional racing vehicles or to transport parts or components of professional racing vehicles, including, without limitation, an engine and chassis of a professional racing vehicle; and
(d) All motor vehicles used by a professional racing team or sanctioning body to transport the business office of the professional racing team or sanctioning body or to transport a facility from which hospitality services are provided.”.
Amend sec. 3, page 2, by deleting lines 17 through 22.
Amend sec. 3, page 2, line 23, by deleting “(b)” and inserting “(a)”.
Amend sec. 3, page 2, line 27, by deleting “(c)” and inserting “(b)”.
Amend sec. 3, page 2, between lines 29 and 30, by inserting:
“(c) “Sanctioning body” means an organization that establishes an annual schedule of professional racing events in which professional racing teams participate, grants rights to conduct such events and establishes and administers rules and regulations governing the persons who conduct or participate in such events.”.
Amend sec. 5, page 3, by deleting lines 1 through 3 and inserting:
“operated by professional racing teams. The legislature has amended the Local School Support Tax Law and certain analogous taxes on retail sales to provide the”.
Amend sec. 9, page 3, line 25, by deleting “vehicle; and” and inserting “vehicle;”.
Amend sec. 9, page 3, by deleting line 26 and inserting:
“(b) All parts and components that are”.
Amend sec. 9, page 3, line 28, by deleting “vehicle.” and inserting:
“vehicle;
(c) All motor vehicles used by professional racing teams to transport professional racing vehicles or to transport parts or components of professional racing vehicles, including, without limitation, an engine and chassis of a professional racing vehicle; and
(d) All motor vehicles used by a professional racing team or sanctioning body to transport the business office of the professional racing team or sanctioning body or to transport a facility from which hospitality services are provided.”.
Amend sec. 9, page 3, by deleting lines 30 through 35.
Amend sec. 9, page 3, line 36, by deleting “(b)” and inserting “(a)”.
Amend sec. 9, page 3, line 39, by deleting “(c)” and inserting “(b)”.
Amend sec. 9, page 3, between lines 41 and 42, by inserting:
“(c) “Sanctioning body” means an organization that establishes an annual schedule of professional racing events in which professional racing teams participate, grants rights to conduct such events and establishes and administers rules and regulations governing the persons who conduct or participate in such events.”.
Amend sec. 10, page 3, by deleting lines 42 through 44 and inserting:
“Sec. 10. 1. This section and sections 1 to 8, inclusive, of this act, become effective upon passage and approval.
2. Section 9 of this act becomes effective upon passage and approval for the purpose of adopting any regulations necessary to carry out the provisions of section 9 of this act and on October 1, 2001, for all other purposes.”.
Amend the title of the bill, fourth line, by deleting “vehicles; contingently” and inserting: “vehicles and for motor vehicles used by professional racing teams or sanctioning bodies to transport certain items;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Proposes to exempt from sales and use taxes certain items used by professional racing teams or sanctioning bodies and provides exemption from certain other taxes for such items. (BDR 32-1454).”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Joint Resolution No. 12.
Resolution read second time and ordered to third reading.
Assembly Bill No. 131.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 458.
Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
“Section 1. NRS 244.3601 is hereby amended to read as follows:
244.3601 1. Notwithstanding the abatement procedures set forth in NRS 244.360, a board of county commissioners may, by ordinance, provide for a reasonable means to secure a dangerous structure or condition that is determined to be an imminent danger to the surrounding neighborhood by [at least three persons appointed by the board] persons who enforce building codes, housing codes, zoning ordinances or local health regulations, or are members of a local law enforcement agency or fire department. The owner of the property on which the structure or condition is located must be given reasonable written notice [at least 72 hours] before the structure or condition is so secured.
2. The costs of securing the structure or condition , including, without limitation, any costs incurred for the relocation of tenants, may be made a special assessment against the real property on which the structure or condition is located and may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.
3. As used in this section, “imminent danger” means the existence of any structure or condition that could reasonably be expected to cause injury or endanger the safety or health of [the] :
(a) The occupants, if any, of the real property on which the structure or condition is located; or
(b) The general public.
Sec. 2. NRS 244.3603 is hereby amended to read as follows:
244.3603 1. Each board of county commissioners may, by ordinance, to protect the public health, safety and welfare of the residents of the county, adopt procedures pursuant to which the district attorney may file an action in a court of competent jurisdiction to:
(a) Seek the abatement of a chronic nuisance that is located or occurring within the unincorporated area of the county;
(b) If applicable, seek the closure of the property where the chronic nuisance is located or occurring; and
(c) If applicable, seek penalties against the owner of the property within the unincorporated area of the county and any other appropriate relief.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property is:
(1) Sent a notice, by certified mail, return receipt requested, by the sheriff or other person authorized to issue a citation of the existence on his property of [two or more] nuisance activities and the date by which he must abate the condition to prevent the matter from being submitted to the district attorney for legal action; and
(2) Afforded an opportunity for a hearing before a court of competent jurisdiction.
(b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.
(c) Provide the manner in which the county will recover money expended [for labor and materials used] to abate the condition on the property , including, without limitation, any costs incurred for the relocation of tenants, if the owner fails to abate the condition.
3. If the court finds that a chronic nuisance exists , [and emergency action is necessary to avoid immediate threat to the public welfare or safety,] the court shall order the county to secure and close the property [for a period not to exceed 1 year or] until the nuisance is abated [, whichever occurs first,] and may:
(a) Impose a civil penalty of not more than $500 per day for each day that the condition was not abated after the date specified in the notice by which the owner was required to abate the condition;
(b) Order the owner to pay the county for the cost incurred by the county in abating the condition [;] , including, without limitation, any costs incurred for the relocation of tenants; and
(c) Order any other appropriate relief.
4. In addition to any other reasonable means authorized by the court for the recovery of money expended by the county to abate the chronic nuisance, the board may [provide that] make the expense [is a lien upon] a special assessment against the property upon which [such a] the chronic nuisance is located or occurring. The [lien must be perfected by:
(a) Mailing by certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and
(b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.]special assessment may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.
5. As used in this section:
(a) A “chronic nuisance” exists:
(1) When three or more nuisance activities exist or have occurred during any [30-day] 90-day period on the property;
(2) When a person associated with the property has engaged in three or more nuisance activities during any [30-day] 90-day period on the property or within 100 feet of the property;
(3) When the property has been the subject of a search warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS; or
(4) When a building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043.
(b) “Nuisance activity” means:
(1) Criminal activity;
(2) The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances;
(3) Violations of building codes, housing codes or any other codes regulating the health or safety of occupants of real property;
(4) Excessive noise and violations of curfew; or
[(4)] (5) Any other activity, behavior or conduct defined by the board to constitute a public nuisance.
(c) “Person associated with the property” means [a] :
(1) The owner of the property;
(2) The manager or assistant manager of the property;
(3) The tenant of the property; or
(4) A person who, on the occasion of a nuisance activity, has:
[(1)](I) Entered, patronized or visited;
[(2)](II) Attempted to enter, patronize or visit; or
[(3)](III) Waited to enter, patronize or visit,
[
a] the property or a
person present on the property.
Sec. 3. NRS 244.3605 is hereby amended to read as follows:
244.3605 1. Notwithstanding the provisions of NRS 244.360 and 244.3601, the board of county commissioners of a county may adopt by ordinance procedures pursuant to which the board or its designee may order an owner of property within the county to:
(a) Repair, safeguard or [demolish] eliminate a dangerous structure [;]or condition;
(b) Clear debris, rubbish and refuse which is not subject to the provisions of chapter 459 of NRS; or
(c) Clear weeds and noxious plant growth,
to protect the
public health, safety and welfare of the residents of the county.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property is:
(1) Sent notice, by certified mail, return receipt requested, of the existence on his property of a condition set forth in subsection 1 and the date by which he must abate the condition; and
(2) Afforded an opportunity for a hearing before the designee of the board and an appeal of that decision to the board.
(b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.
(c) Provide the manner in which the county will recover money expended [for labor and materials used] to abate the condition on the property , including, without limitation, any costs incurred for the relocation of tenants, if the owner fails to abate the condition.
(d) Provide for civil penalties for each day that the owner did not abate the condition after the date specified in the notice by which the owner was required to abate the condition.
3. The board or its designee may direct the county to abate the condition on the property and may recover the amount expended by the county for labor and materials used to abate the condition if:
(a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition on his property within the period specified in the notice ; [.]
(b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition within the period specified in the order [.]; or
(c) The board has denied the appeal of the owner and the owner has failed to abate the condition within the period specified in the order.
4. In addition to any other reasonable means of recovering money expended by the county to abate the condition, the board may [provide that] make the expense [is a lien upon] a special assessment against the property upon which [such a] the condition is located. The [lien must be perfected by:
(a) Mailing by certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and
(b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.]special assessment may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.
5. As used in this section, “dangerous structure or condition” means a structure or condition that may cause injury to or endanger the health, life, property or safety of the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that:
(a) Does not meet the requirements of a code or regulation adopted pursuant to NRS 244.3675 with respect to minimum levels of health or safety; or
(b) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the board of county commissioners of a county, the violation of which is designated as a nuisance in the ordinance, rule or regulation.
Sec. 4. NRS 244.3675 is hereby amended to read as follows:
244.3675 Subject to the limitations [contained] set forth in NRS 244.368, 278.580, 278.582 and 444.340 to 444.430, inclusive, the boards of county commissioners within their respective counties may:
1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county.
2. Adopt any building, electrical, housing, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, these fees do not apply to the State of Nevada, the University and Community College System of Nevada or any school district.”.
Amend the title of the bill to read as follows:
“AN ACT relating to counties; expanding the authority of the board of county commissioners of a county to abate nuisances, dangerous structures and dangerous conditions; authorizing the recovery of any applicable costs for the relocation of tenants incurred by the county in abating certain conditions; providing that a board of county commissioners may levy a special assessment to collect costs incurred by the county in abating certain conditions instead of imposing a lien; authorizing a board of county commissioners to adopt certain housing codes; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY¾Expands authority of board of county commissioners of county to abate nuisances, dangerous structures and dangerous conditions. (BDR 22-149)”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 225.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 389.
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 1. Chapter 241 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A public body shall not consider at a meeting whether to:
(a) Take administrative action against a person; or
(b) Acquire real property owned by a person by the exercise of the power of eminent domain,
unless
the public body has given written notice to that person of the time and place
of the meeting.
2. The written notice required pursuant to subsection 1 must be:
(a) Delivered personally to that person at least 5 working days before the meeting; or
(b) Sent by certified mail to the last known address of that person at least 21 working days before the meeting.
A
public body must receive proof of service of the written notice provided to a
person pursuant to this section before the public body may consider a matter
set forth in subsection 1 relating to that person at a meeting.
3. The written notice provided in this section is in addition to the notice of the meeting provided pursuant to NRS 241.020.”.
Amend section 1, pages 1 and 2, by deleting lines 10 through 13 on page 1 and lines 1 through 38 on page 2, and inserting:
“2. “Meeting” means [the] :
(a) The gathering of members of a public body at which a quorum is present to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
(b) Any series of gatherings of members of a public body at which:
(1) Less than a quorum is present at any individual gathering;
(2) The members of the public body attending one or more of the gatherings collectively constitute a quorum; and
(3) The series of gatherings were held with the intent to deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
The term includes, without limitation, such a series of gatherings
between individual members of the public body and an attorney employed or
retained by the public body regarding potential or existing litigation
involving a matter over which the public body has supervision, control,
jurisdiction or advisory power if the gatherings were held with the intent to
deliberate toward a decision or take action regarding the litigation.
3. Except as otherwise provided in this subsection, “public body” means any administrative, advisory, executive or legislative body of the state or a local government which expends or disburses or is supported in whole or in part by tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax revenue, including, but not limited to, any board, commission, committee, subcommittee or other subsidiary thereof and includes an educational foundation as defined in subsection 3 of NRS 388.750 and a university foundation as defined in subsection 3 of NRS 396.405. “Public body” does not include the legislature of the State of Nevada.
4. “Quorum” means a simple majority of the constituent membership of a public body or another proportion established by law.”.
Amend the bill as a whole by deleting sec. 2.
Amend the title of the bill to read as follows:
“AN ACT relating to meetings of public bodies; requiring a public body to give written notice to person against whom the public body is considering taking administrative action or property by eminent domain; revising the definition of “meeting” to include certain serial gatherings; and providing other matters properly relating thereto.”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Assemblyman Bache requested that his remarks be entered in the Journal.
Assemblyman Bache:
Thank you, Mr. Speaker. The amendment addresses a practice by some public bodies that evades the spirit of the open meeting law. The loophole they use to get around the open meeting law was they would not gather as a quorum but would conduct a series of smaller gatherings, where a quorum was not present. The cumulative effect of the series of gatherings was that a quorum had actually participated. The first change contained in this amendment is to state clearly that a series of these smaller gatherings will be considered a meeting under the open meeting law if, 1) the cumulative number of members equals a quorum, and 2) the intent of holding the series of gatherings was to deliberate toward a decision or take action on a matter. This will apply to a series of gatherings between a public body and its attorney, even when potential or existing litigation is discussed.
It does not, however, prevent attorneys from putting sensitive material in a confidential memorandum to inform members of the public body. It is important to note that the committee specifically decided not to include a broad, artificial definition of the word “deliberate” for this provision. That means that the plain dictionary meaning will apply, which is “to weigh in the mind; to ponder or examine in order to form an opinion; to consider the reasons for and against.” It does not include the mere gathering of facts.
The second part of the amendment is to require the more specific and personal notice be given to persons in two circumstances: if the public body is going to be considering whether to take administrative action against the person or if the public body is going to be considering whether to acquire the person’s property by imminent domain. In those cases, the person must be given personal notice and not be expected to learn about the upcoming meeting in the newspaper with the general public.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 434.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 445.
Amend section 1, page 2, by deleting lines 15 through 47 and inserting:
“361.0785 1. Except as otherwise provided in this section, all property, both real and personal, is exempt from taxation as set forth in this section to the extent that the property is used as a facility for [the] :
(a) Research and development of the technology required to generate electrical energy from renewable resources;
(b) The generation or production of electrical energy from [solar energy.
2. Personal] one or more renewable resources; or
(c) Both (a) and (b).
2. The department shall not grant an exemption pursuant to this section unless the commission on economic development, in consultation with the director of the office of science, engineering and technology, certifies the exemption pursuant to section 4 of this act.
3. All property , both real and personal, exempted pursuant to subsection 1 may [not] receive an exemption for not more than 10 consecutive years [.
3. Real property exempted pursuant to subsection 1 may not receive an exemption for more than 20 consecutive years.] after the date the exemption was originally certified by the commission on economic development.
4. The provisions of this section do not apply to [:
(a) Residential property; and
(b) Property that is used as a facility for the production of electrical energy from solar energy before July 1, 1997.] residential property.
5. As used in this section, [“facility for the production of electrical energy from solar energy” means a facility which uses solar energy as its primary fuel in the production of electricity. The term includes all the equipment in the facility used to collect, store and convert into electricity the energy derived from] “renewable resource” includes, without limitation, a hydrogen fuel cell, biomass, and geothermal, wind and solar energy.”.
Amend sec. 2, page 3, line 18, after “unless” by inserting:
“the commission on economic development, in consultation with”.
Amend sec. 2, page 3, line 19, by deleting “technology” and inserting “technology,”.
Amend sec. 2, page 3, line 21, by deleting:
“subsection 4 of NRS 396.7982.” and inserting:
“section 4 of this act.”.
Amend sec. 2, page 3, line 26, by deleting:
“subsection 4 of NRS 396.7982,” and inserting:
“section 4 of this act,”.
Amend the bill as a whole by renumbering sec. 3 as sec. 6 and adding new sections designated sections 3 through 5, following sec. 2, to read as follows:
“Sec. 3. NRS 374.265 is hereby amended to read as follows:
374.265 “Exempted from the taxes imposed by this chapter,” as used in NRS 374.265 to 374.355, inclusive, and section 2 of this act, means exempted from the computation of the amount of taxes imposed.
Sec. 4. Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, the commission on economic development, in consultation with the director of the office of science, engineering and technology and in coordination with the department of taxation, shall certify:
(a) Exemptions from property taxes for property the commission on economic development determines is used as a facility for research and development of the technology required to generate electrical energy from renewable resources or a facility for the generation or production of electrical energy from one or more renewable resources, or both; and
(b) Eligibility for an exemption certificate for certain sales and use taxes for a facility for research and development of the technology required to generate electrical energy from renewable resources or a facility for the generation or production of electrical energy from one or more renewable resources, or both.
2. A facility in existence on the effective date of this act may not be certified pursuant to this section.
3. A facility that is not certified pursuant to this section on or before December 31, 2005, may not be certified pursuant to this section.
4. A facility that is certified pursuant to this section on or before December 31, 2005, may retain its certification for the purposes of NRS 361.0785 and section 2 of this act for not more than 10 consecutive years after the date the facility is originally certified pursuant to this section.
Sec. 5. NRS 231.090 is hereby amended to read as follows:
231.090 The executive director of the commission on economic development shall direct and supervise all its administrative and technical activities, including coordinating its plans for economic development, promoting the production of motion pictures, scheduling the commission’s programs, analyzing the effectiveness of those programs and associated expenditures, and cooperating with other governmental agencies which have programs related to economic development. In addition to other powers and duties, the executive director:
1. Shall attend all meetings of the commission and act as its secretary, keeping minutes of its proceedings.
2. Shall report regularly to the commission concerning the administration of its policies and programs.
3. Shall report annually to the governor and the commission regarding the work of the commission and may make such special reports as he considers desirable to the governor.
4. May perform any other lawful acts which he considers desirable to carry out the provisions of NRS 231.020 to 231.130, inclusive [.] , and section 4 of this act.”.
Amend sec. 3, pages 3 and 4, by deleting lines 40 through 49 on page 3 and lines 1 and 2 on page 4, and inserting:
“4. Shall consult with the commission on economic development to assist the commission on economic development in certifying facilities pursuant to section 4 of this act.”.
Amend the bill as a whole by deleting sec. 4 and adding new sections designated sections 7 and 8, following sec. 3, to read as follows:
“Sec. 7. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.
Sec. 8. This act becomes effective upon passage and approval.”.
Amend the preamble of the bill, page 2, by deleting lines 1 through 3 and inserting:
“Whereas, A facility in existence on the effective date of this act may not receive the exemptions provided by this act, and therefore the exemptions proposed by this”.
Amend the title of the bill by deleting the ninth and tenth lines and inserting: “one or more renewable resources, or both; requiring the commission on economic development, in consultation with the director of the office of science, engineering and technology, to certify such exemptions; providing a”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that the action whereby Assembly Bill No. 556 was placed on the Second Reading File be rescinded.
Motion carried.
Assemblywoman Buckley moved that Assembly Bill No. 556 just reported out of committee, be placed on the General File for the next legislative day.
Motion carried.
Assemblyman Dini moved that Assembly Bill No. 468 be taken from the Chief Clerk’s desk and placed on the General File for the next legislative day.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 563.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 380.
Amend section 1, page 1, line 4, after “under” by inserting:
“the program, which may consist of one or more plans authorized by”.
Amend section 1, page 1, line 5, by deleting “which,” and inserting:
“which[,] income,”.
Amend sec. 2, page 1, line 12, by deleting “and as” and inserting:
“[and as] which may consist of one or more plans”.
Amend sec. 2, page 1, line 16, after “approval.” by inserting:
“An employee may defer compensation under one or more plans in the program.”.
Amend sec. 2, page 2, line 8, after “457(g),” by inserting “as applicable,”.
Amend sec. 3, page 2, line 14, after “employer” by inserting:
“to a plan”.
Amend sec. 3, page 2, line 16, by deleting “457.” and inserting:
“457 [.] , as applicable.”.
Amend sec. 4, page 2, by deleting lines 18 through 20 and inserting:
“287.350 1. No plan in the program becomes effective and no deferral may be made until the [program] plan meets the requirements of 26 U.S.C. § 401(a), 401(k), 403(b) or 457 , as applicable, for eligibility.”.
Amend sec. 5, page 2, line 26, after “under” by inserting:
“the program, which may consist of one or more plans authorized by”.
Amend sec. 5, page 2, line 27, by deleting “which,” and inserting:
“which [,] income,”.
Amend sec. 6, page 2, by deleting lines 33 and 34 and inserting:
“program approved by the committee [and as] which may consist of one or more plans authorized by 26 U.S.C. § 401(a) or 457. An employee may defer compensation under one or more plans in the program.”.
Amend sec. 7, page 3, line 2, after “457(g),” by inserting “as applicable,”.
Amend sec. 8, page 3, line 9, after “subdivision” by inserting:
“to a plan”.
Amend sec, 8, page 3, line 10, by deleting “457.” and inserting:
“457 [.] , as applicable.”.
Amend sec. 9, page 3, by deleting lines 12 through 14 and inserting:
“287.460 1. No plan in the program becomes effective and no deferral may be made until the [program] plan meets the requirements of 26 U.S.C. § 401(a) or 457 , as applicable, for eligibility.”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 654.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 431.
Amend sec. 5, page 2, line 48, by deleting “[$1,000] $2,000” and inserting “$1,000”.
Amend sec. 5, page 3, by deleting lines 22 and 23 and inserting:
“benefit of persons who live or work in the residential or nonresidential park districts or service areas within the city or county.”.
Amend sec. 5, page 3, line 44, by deleting “7,” and inserting “8,”.
Amend sec. 5, page 4, by deleting line 8 and inserting:
“regional parks which are located in the park district or service area from”.
Amend sec. 5, page 4, line 44, by deleting “25” and inserting “50”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 619.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 609.
Amend the bill as a whole by deleting sections 1 through 12 and adding new sections designated sections 1 through 17, following the enacting clause, to read as follows:
“Section 1. Chapter 118B of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. “Corporate cooperative park” means a mobile home park owned by a nonprofit cooperative corporation formed pursuant to chapter 81 of NRS that is wholly owned or controlled by the tenants of the park.
Sec. 3. 1. The landlord of a mobile home park may require that a person submit a written application to and receive written consent from the landlord before the person moves or causes to be moved a mobile home or recreational vehicle into the mobile home park. The landlord shall not unreasonably withhold his consent.
2. If the landlord of a mobile home park requires written consent pursuant to subsection 1, the landlord shall post and maintain a sign that is clearly readable at the entrance to the mobile home park which advises the reader of the consent that is required before a person may move or cause to be moved a mobile home or recreational vehicle into the mobile home park.
3. If a person moves or causes to be moved a mobile home or recreational vehicle into the mobile home park without the written consent of the landlord, if the landlord requires such consent pursuant to subsection 1, the landlord of that mobile home park may:
(a) After providing at least 5 days’ written notice to the person, bring an action for an unlawful detainer in the manner prescribed in chapter 40 of NRS; or
(b) Require the person to sign a rental agreement. If the person refuses to sign the rental agreement within 5 days after such a request, the landlord may, after providing at least 5 days’ written notice to the person, bring an action for an unlawful detainer in the manner provided in chapter 40 of NRS.
4. For the purposes of NRS 40.251, a person who moves or causes to be moved a mobile home or recreational vehicle into a mobile home park without the written consent of the landlord, if the landlord requires such consent pursuant to subsection 1, shall be deemed a tenant at will and a lessee of the mobile home park.
5. The provisions of this section do not apply to a corporate cooperative park.
Sec. 4. 1. The landlord of a mobile home park shall post in a conspicuous and readily accessible place in the community or recreational facility in the mobile home park, at or near the entrance of the mobile home park or other common area in the mobile home park, a current report on the quality of the water that is supplied to the mobile home park.
2. Except as otherwise provided in subsection 3, the report must be obtained from the community water system that is the supplier of water to the mobile home park. Except as otherwise provided in subsection 4, the landlord shall post the report at least once each year and at such other times as the community water system may provide an updated report to the landlord.
3. If a mobile home park is not a community water system and does not otherwise obtain water from a community water system, the landlord of the mobile home park shall annually cause the water that is provided to the tenants of the mobile home park to be tested in accordance with the standards adopted pursuant to NRS 445A.855. The test must be performed by a laboratory certified by the health division of the department of human resources pursuant to NRS 445A.863.
4. Upon receipt of the results of a test performed pursuant to subsection 3, the landlord shall prepare or cause to be prepared a report on the quality of the water that is supplied to the tenants of the mobile home park. The report must be accurately based upon the results of the test and prepared in accordance with the standards adopted by the state board of health pursuant to NRS 445A.855 for similar reports by community water systems. The landlord shall post a copy of the most current report in accordance with subsection 1 and shall deliver a copy of each such report to the health division of the department of human resources or the health authority as that term is defined in NRS 445A.820.
5. As used in this section, “community water system” has the meaning ascribed to it in NRS 445A.808.
Sec. 5. NRS 118B.010 is hereby amended to read as follows:
118B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 118B.011 to 118B.0195, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 118B.060 is hereby amended to read as follows:
118B.060 1. Any payment, deposit, fee [,] or other charge which is required by the landlord in addition to periodic rent, utility charges or service fees and is collected as prepaid rent or a sum to compensate for any tenant default is a “deposit” governed by the provisions of this section.
2. The landlord shall maintain a separate record of the deposits.
3. Except as otherwise provided in subsection 4:
(a) All deposits are refundable, and upon termination of the tenancy, or if the deposit is collected as a sum to compensate for a tenant default, not more than 5 years after the landlord receives the deposit, the landlord may claim from a deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent, utility charges or service fees and to repair damage to the park caused by the tenant. The landlord shall provide the tenant with an itemized written accounting of the disposition of the deposit.
(b) Any refund must be sent to the tenant within 21 days after the tenancy is terminated.
4. Each deposit collected as a sum to compensate for a tenant default must be refunded to the tenant not more than 5 years after the landlord receives the deposit or upon the termination of the tenancy, whichever is earlier. The refund must include interest at the rate of 5 percent per year, compounded annually, for the entire period during which the deposit was held by the landlord.
5. Upon termination of the landlord’s interest in the mobile home park, the landlord shall transfer to his successor in interest that portion of the deposit remaining after making any deductions allowed pursuant to this section or refund that portion to the tenant.
6. If the former landlord fails to transfer that portion of the deposit remaining to the successor in interest or refund it to the tenant at the time the successor in interest takes possession, the successor becomes jointly and severally liable with the former landlord for refunding to the tenant that portion of the deposit to which he is entitled.
7. If the former landlord fails to transfer or refund the deposit, the tenant may not be required to pay another deposit until the successor in interest refunds the deposit to the tenant or provides him with an itemized written accounting of the statutorily authorized disposition of the deposit.
8. The claim of the tenant to any deposit to which he is entitled by law takes precedence over the claim of any creditor of the landlord.
9. The provisions of this section do not apply to a corporate cooperative park.
Sec. 7. NRS 118B.120 is hereby amended to read as follows:
118B.120 1. The landlord or his agent or employee may:
(a) Require that the tenant landscape and maintain the tenant’s lot if the landlord advises the tenant in writing of reasonable requirements for the landscaping.
(b) If the tenant does not comply with the provisions of paragraph (a), maintain the tenant’s lot and charge the tenant a service fee for the actual cost of that maintenance.
(c) Require that the mobile home be removed from the park if it is unoccupied for more than 90 consecutive days and the tenant or dealer is not making good faith and diligent efforts to sell it.
2. The landlord shall maintain, in the manner required for the other tenants, any lot on which is located a mobile home within the park which has been repossessed, abandoned or held for rent or taxes. The landlord is entitled to reimbursement for the cost of that maintenance from the repossessor or lien holder or from the proceeds of any sale for taxes, as the case may be.
3. The landlord shall trim all the trees located within the park and dispose of the trimmings from those trees absent a voluntary assumption of that duty by the tenant for trees on the tenant’s lot.
4. For the purposes of this section, a mobile home shall be deemed to be abandoned if:
(a) It is located on a lot in a mobile home park , other than a corporate cooperative park, for which no rent has been paid for at least 60 days;
(b) It is unoccupied; and
(c) The manager of the mobile home park reasonably believes it to be abandoned.
Sec. 8. NRS 118B.140 is hereby amended to read as follows:
118B.140 [The]
1. Except as otherwise provided in subsection 2, the landlord or his agent or employee shall not:
[1.] (a) Require a person to purchase a mobile home from him or any other person as a condition to renting a mobile home lot to the purchaser or give an adjustment of rent or fees, or provide any other incentive to induce the purchase of a mobile home from him or any other person.
[2.] (b) Charge or receive:
[(a)] (1) Any entrance or exit fee for assuming or leaving occupancy of a mobile home lot.
[(b)] (2) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his mobile home or recreational vehicle within the mobile home park even if the mobile home or recreational vehicle is to remain within the park, unless the landlord is licensed as a dealer of mobile homes pursuant to NRS 489.311 and has acted as the tenant’s agent in the sale pursuant to a written contract.
[(c)] (3) Any fee for the tenant’s spouse or children.
[(d)] (4) Any fee for pets kept by a tenant in the park. If special facilities or services are provided, the landlord may also charge a fee reasonably related to the cost of maintenance of the facility or service and the number of pets kept in the facility.
[(e)] (5) Any additional service fee unless the landlord provides an additional service which is needed to protect the health and welfare of the tenants, and written notice advising each tenant of the additional fee is sent to the tenant 90 days in advance of the first payment to be made, and written notice of the additional fee is given to prospective tenants on or before commencement of their tenancy. A tenant may only be required to pay the additional service fee for the duration of the additional service.
[(f)] (6) Any fee for a late monthly rental payment within 4 days after the date the rental payment is due or which exceeds $5 for each day, excluding Saturdays, Sundays and legal holidays, which the payment is overdue, beginning on the day after the payment was due. Any fee for late payment of charges for utilities must be in accordance with the requirements prescribed by the public utilities commission of Nevada.
[(g)] (7) Any fee, surcharge or rent increase to recover from his tenants the costs resulting from converting from a master-metered water system to individual water meters for each mobile home lot.
[(h)] (8) Any fee, surcharge or rent increase to recover from his tenants any amount that exceeds the amount of the cost for a governmentally mandated service or tax that was paid by the landlord.
2. Except for the provisions of subparagraphs (3), (4), (6) and (8) of paragraph (b) of subsection 1, the provisions of this section do not apply to a corporate cooperative park.
Sec. 9. NRS 118B.150 is hereby amended to read as follows:
118B.150 [The]
1. Except as otherwise provided in subsection 2, the landlord or his agent or employee shall not:
[1.] (a) Increase rent or additional charges unless:
[(a)] (1) The rent charged after the increase is the same rent charged for mobile homes of the same size or lots of the same size or of a similar location within the park, including, without limitation, mobile homes and lots which are held pursuant to a long-term lease, except that a discount may be selectively given to persons who:
[(1)] (I) Are handicapped;
[(2)] (II) Are 55 years of age or older;
[(3)] (III) Are long-term tenants of the park if the landlord has specified in the rental agreement or lease the period of tenancy required to qualify for such a discount;
[(4)] (IV) Pay their rent in a timely manner; or
[(5)] (V) Pay their rent by check, money order or electronic means;
[(b)] (2) Any increase in additional charges for special services is the same amount for each tenant using the special service; and
[(c)] (3) Written notice advising a tenant of the increase is received by the tenant 90 days before the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy. In addition to the notice provided to a tenant pursuant to this [paragraph,] subparagraph, if the landlord or his agent or employee knows or reasonably should know that the tenant receives assistance from the fund created pursuant to NRS 118B.215, the landlord or his agent or employee shall provide to the administrator written notice of the increase 90 days before the first payment to be increased.
[2.] (b) Require a tenant to pay for an improvement to the common area of a mobile home park unless the landlord is required to make the improvement pursuant to an ordinance of a local government.
[3.] (c) Require a tenant to pay for a capital improvement to the mobile home park unless the tenant has notice of the requirement at the time he enters into the rental agreement. A tenant may not be required to pay for a capital improvement after the tenant enters into the rental agreement unless the tenant consents to it in writing or is given 60 days’ notice of the requirement in writing. The landlord may not establish such a requirement unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposal. A notice in a periodic publication of the park does not constitute notice for the purposes of this [subsection. 4.] paragraph.
(d) Require a tenant to pay his rent by check or money order.
[5.] (e) Require a tenant who pays his rent in cash to apply any change to which he is entitled to the next periodic payment that is due. The landlord or his agent or employee shall have an adequate amount of money available to provide change to such a tenant.
[6.] (f) Prohibit or require fees or deposits for any meetings held in the park’s community or recreational facility by the tenants or occupants of any mobile home or recreational vehicle in the park to discuss the park’s affairs, or any political or social meeting sponsored by a tenant, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of those meetings.
[7.] (g) Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this [subsection] paragraph is liable to the tenant for actual damages.
[8.] (h) Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and legal holidays excluded, and if the park is a secured park, a guest may be required to register upon entering and leaving.
[9.] (i) Charge a fee for a guest who does not stay with the tenant for more than a total of 60 days in a calendar year. The tenant of a mobile home lot who is living alone may allow one other person to live in his home without paying an additional charge or fee, unless such a living arrangement constitutes a violation of chapter 315 of NRS. No agreement between a tenant and his guest alters or varies the terms of the rental contract between the tenant and the landlord, and the guest is subject to the rules and regulations of the landlord.
[10.] (j) Prohibit a tenant from erecting a fence along the perimeter of the tenant’s lot if the fence complies with any standards for fences established by the landlord, including limitations established for the height of fences, the materials used for fences and the manner in which fences are to be constructed.
[11.] (k) Prohibit any tenant from soliciting membership in any association which is formed by the tenants who live in the park. As used in this [subsection,] paragraph, “solicit” means to make an oral or written request for membership or the payment of dues or to distribute, circulate or post a notice for payment of those dues.
[12.] (l) Prohibit a public officer , [or] candidate for public office or the representative of a public officer or candidate for public office from walking through the park to talk with the tenants [.] or distribute political material.
[13.] (m) If a tenant has voluntarily assumed responsibility to trim the trees on his lot, require the tenant to trim any particular tree located on the lot or dispose of the trimmings unless a danger or hazard exists.
2. The provisions of paragraphs (a), (b), (c), (j) and (m) of subsection 1 do not apply to a corporate cooperative park.
3. As used in this section, “long-term lease” means a rental agreement or lease the duration of which exceeds 12 months.
Sec. 10. NRS 118B.153 is hereby amended to read as follows:
118B.153 [The]
1. Except as otherwise provided in subsection 2, the amount of rent charged a tenant for a service, utility or amenity upon moving into the mobile home park must be reduced proportionately when the service, utility or amenity is decreased or eliminated by the landlord. The landlord may not increase the rent to recover the lost revenue.
2. The provisions of this section do not apply to a corporate cooperative park.
Sec. 11. NRS 118B.160 is hereby amended to read as follows:
118B.160 [The]
1. Except as otherwise provided in subsection 2, the landlord or his agent or employee shall not:
[1.] (a) Deny any tenant the right to sell his mobile home or recreational vehicle within the park or require the tenant to remove the mobile home or recreational vehicle from the park solely on the basis of the sale, except as otherwise provided in NRS 118B.170.
[2.] (b) Prohibit any tenant desiring to sell his mobile home or recreational vehicle within the park from advertising the location of the home or vehicle and the name of the mobile home park or prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the home or vehicle.
[3.] (c) Require that he be an agent of an owner of a mobile home or recreational vehicle who desires to sell the home or vehicle.
[4.] (d) Unless subleasing of lots is prohibited by a rental agreement or lease, prohibit a tenant from subleasing his mobile home lot if the prospective subtenant meets the general requirements for tenancy in the park.
[5.] (e) Require a tenant to make any additions to his mobile home unless those additions are required by an ordinance of a local government.
[6.] (f) Purchase a mobile home within the park if he has denied:
[(a)] (1) A tenant the right to sell that mobile home; or
[(b)] (2) A prospective buyer the right to purchase that mobile home.
2. The provisions of this section do not apply to a corporate cooperative park.
Sec. 12. NRS 118B.170 is hereby amended to read as follows:
118B.170 1. The landlord may require approval of a prospective buyer and tenant before the sale of a tenant’s mobile home or recreational vehicle, if the mobile home or vehicle will remain in the park. The landlord shall consider the record, if any, of the prospective buyer and tenant concerning the payment of rent. The landlord shall not unreasonably withhold his consent.
2. If a tenant sells his mobile home or recreational vehicle, the landlord may require that the mobile home or recreational vehicle be removed from the park if it is deemed by the park’s written rules or regulations in the possession of the tenants to be in a run-down condition or in disrepair or does not meet the safety standards set forth in NRS 461A.120. If the mobile home must be inspected to determine compliance with the standards, the person requesting the inspection shall pay for it.
3. If the landlord requires the approval of a prospective buyer and tenant, he shall post and maintain a sign which is clearly readable at the entrance to the park which advises the reader that before a mobile home in the park is sold, the prospective buyer must be approved by the landlord.
4. If the landlord requires the approval of a prospective buyer and tenant of a mobile home or recreational vehicle and the mobile home or recreational vehicle is sold without the approval of the landlord, the landlord may:
(a) After providing at least [10] 5 days’ written notice to the buyer and tenant, bring an action for an unlawful detainer in the manner prescribed in chapter 40 of NRS; or
(b) Require the buyer and tenant to sign a rental agreement. If the buyer and tenant refuse to sign the rental agreement within 5 days after such a request, the landlord may, after providing at least [10] 5 days’ written notice to the buyer and tenant, bring an action for an unlawful detainer in the manner provided in chapter 40 of NRS.
5. For the purposes of NRS 40.251, a person who:
(a) Purchases a mobile home or recreational vehicle from a tenant of a mobile home park which will remain in the park;
(b) Was required to be approved by the landlord of the mobile home park before the sale of the mobile home or recreational vehicle; and
(c) Was not approved by the landlord before he purchased that mobile home or recreational vehicle,
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shall be deemed a
tenant at will and a lessee of the mobile home park.
6. The provisions of this section do not apply to a corporate cooperative park.
Sec. 13. NRS 118B.173 is hereby amended to read as follows:
118B.173 1. Any landlord who lists a mobile home park or any part of a mobile home park for sale with a licensed real estate broker shall , not less than 10 days nor more than 30 days before listing the park for sale, mail written notice of that listing to any association of tenants of the park that requested the notice. A landlord is not required to provide notice of a listing for sale that is not initiated by the owner of the park or his authorized agent.
2. In order to receive the notice required by subsection 1, an association of tenants of a mobile home park shall:
(a) Submit to the landlord a written request for that notice;
(b) Furnish the landlord with a written list of the names and addresses of three members of the association; and
(c) Give written notice to the landlord that the tenants of the park are interested in buying the park and renew that notice at least once each year after the initial notice.
3. The provisions of this section do not apply to a corporate cooperative park.
Sec. 14. NRS 118B.180 is hereby amended to read as follows:
118B.180 1. A landlord may convert an existing mobile home park into individual mobile home lots for sale to mobile home owners if the change is approved by the appropriate local zoning board, planning commission or governing body, and:
(a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;
(b) The landlord offers to sell the lot to the tenant at the same price the lot will be offered to the public and holds that offer open for at least 75 days before he offers the lot for sale to the public;
(c) The landlord does not sell an occupied lot for more than a vacant lot of similar location, size and shape;
(d) The landlord pays:
(1) The cost of moving the tenant’s mobile home and its appurtenances to a comparable location within 50 miles from the mobile home park; or
(2) If the new location is more than 50 miles from the mobile home park, the cost of moving the mobile home for the first 50 miles,
including fees for
inspection, any deposits for connecting utilities and the cost of taking down,
moving, setting up and leveling his mobile home and its appurtenances in the
new lot or park; and
(e) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, notice in writing is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice [,] before he is required to move his mobile home from the lot.
2. Upon the sale of a mobile home lot and a mobile home which is situated on that lot, the landlord shall indicate what portion of the purchase price is for the mobile home lot and what portion is for the mobile home.
3. The provisions of this section do not apply to a corporate cooperative park.
Sec. 15. NRS 118B.183 is hereby amended to read as follows:
118B.183 1. A landlord may convert an existing mobile home park to any other use of the land if the change is approved by the appropriate local zoning board, planning commission or governing body, and:
(a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;
(b) The landlord pays:
(1) The cost of moving the tenant’s mobile home and its appurtenances to a new location within 50 miles from the mobile home park; or
(2) If the new location is more than 50 miles from the mobile home park, the cost of moving the mobile home for the first 50 miles,
including fees for
inspection, any deposits for connecting utilities and the cost of taking down,
moving, setting up and leveling his mobile home and its appurtenances in the
new lot or park; and
(c) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, written notice is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his mobile home from the lot.
2. A landlord shall not increase the rent of any tenant for 180 days before applying for a change in land use, permit or variance affecting the mobile home park.
3. The provisions of this section do not apply to a corporate cooperative park.
Sec. 16. NRS 40.251 is hereby amended to read as follows:
40.251 A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:
1. Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, he continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of:
(a) For tenancies from week to week, at least 7 days;
(b) For all other periodic tenancies, at least 30 days; or
(c) For tenancies at will, at least 5 days.
2. A dwelling unit subject to the provisions of chapter 118A of NRS, he continues in possession, in person or by subtenant, without the landlord’s consent after expiration of:
(a) The term of the rental agreement or its termination and, except as otherwise provided in paragraph (b), the expiration of a notice of at least 7 days for tenancies from week to week and 30 days for all other periodic tenancies; or
(b) A notice of at least 5 days where the tenant has failed to perform his basic or contractual obligations under chapter 118A of NRS.
3. A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215, he continues in possession, in person or by subtenant, without the landlord’s consent, after notice has been given pursuant to NRS 118B.170 or 118B.190 or section 3 of this act and the period of the notice has expired.
4. A recreational vehicle lot, he continues in possession, in person or by subtenant, without the landlord’s consent, after the expiration of a notice of at least 5 days.
Sec. 17. Chapter 489 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A landlord or manager who:
(a) Purchases a mobile home that is sold to enforce a lien pursuant to NRS 108.270 to 108.360, inclusive;
(b) Is in compliance with or exempt from the requirements for continuing education set forth in NRS 118B.086; and
(c) Is a licensed real estate broker and holds a limited dealer’s license issued pursuant to NRS 489.331,
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may resell the mobile home in compliance with all other applicable
provisions of this chapter which pertain to dealers.
2. As used in this section:
(a) “Landlord” has the meaning ascribed to it in NRS 118B.014.
(b) “Manager” has the meaning ascribed to it in NRS 118B.0145.”.
Amend the title of the bill to read as follows:
“AN ACT relating to mobile home parks; authorizing the landlord of a mobile home park to require written consent before a personmoves a mobile home or recreational vehicle into the mobile home park; providing certain statutory exceptions for corporate cooperative parks; requiring the landlord of a mobile home park to post periodically a report on the quality of water supplied to the mobile home park; authorizing the landlord of a mobile home park to impose certain requirements pertaining to the occupancy of mobile homes; providing that certain prohibitions pertaining to increases in rent for mobile homes and mobile home lots apply to long-term leases; reducing certain periods of notice required before a landlord may bring an action for an unlawful detainer or terminate a written agreement; authorizing the landlord or manager of a mobile home park to resell mobile homes with a limited dealer’s license under certain circumstances; and providing other matters properly relating thereto.”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Education, to which was referred Assembly Bill No. 459, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 663, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 428, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Taxation, to which was referred Assembly Bill No. 404, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
David E. Goldwater, Chairman
REMARKS FROM THE FLOOR
Assemblyman Parks requested that the following remarks be entered in the Journal.
Assemblywoman Cegavske:
Mr. Speaker, I would like to read a press release that was just issued this morning. "Sports history was made last night when a ragged and badly wounded contingent of Republican athletes literally beat the socks off a large, healthy, almost all male Democratic team. In spite of the fact that “Slam Dunk” Washington had to be carried from the court after a vicious and unwarranted Democrat attack, the remaining Rs more than made up for the loss. It was the female members that carried the game for the Rs. Barb "The Bird" Cegavske twice stole the ball from a taller, stronger “Shaq” Perkins, star forward for the Ds. Leading in assists for the Rs was “Magic” Von Tobel whose presence in shorts easily distracted the male-dominated D team. The Rs unrelenting full court press kept the seriously out of shape Ds constantly substituting players to insure that those who were in the game were still capable of breathing.
A standout for the Ds was “Air Arberry” who is reported to have a vertical jump of close to 3 inches. However, “Amazing” Amodei baffled him with bull and was able to talk him nearly to death and, thereby, held him to less than 2 points for the night. On the injured list was “Marvelous” Manendo. Although it was, at times, unclear as to what game he was playing, he did so with sufficient intensity that he hurt a leg and was forced to limp from the court.
To his credit, Coach “Desperate” Dini did what he could with what he had to work with, which wasn't much. “Loping” John Lee—who is said to have played college ball, did not live up to his reputation. When questions arose about his prior academic accomplishments, a former professor told reporters that Lee made straight As in college, but added that his Bs were a little crooked.
The game clearly established who are the champions for the entire civilized world in the Nevada Legislative League. Even so, it was marked with cheating, illegal players and discrimination on the part of officials. “Cowboy” Collins literally lassoed "The Bird" and threw her to the ground in a highly unusual defensive maneuver. Referees claimed not to have seen this and no foul was called.
Comic relief was provided by “Goofy” Goldwater. In a move he learned in his brief stint with the Searchlight Globetrotters, he tried to tickle an opponent into dropping the ball. The Rs Coach, “Killer” Guinn, then invoked a little used NBA rule that has nothing to do with basketball but does address inappropriate physical contact. Color commentator “Rowdy” Ralston was evicted from the game for politically incorrect comments that were demeaning to Republicans and might have weakened the morale of less dedicated players.” Clearly biased referees also allowed illegal points to be earned by “Ace” Oceguera who shot a three pointer while sitting on the bench. Although the R’s protested this gave the Ds an extra man on court, their complaints were totally ignored.
Against almost insurmountable odds, the Rs established their athletic supremacy in this court by winning the game 63-51, including the Ds 16 illegal points.
Mr. Speaker, on behalf of the team, support staff and ringers, I accept this magnificent trophy, humbly realizing that we might not have been able to accomplish this incredible feat if we had been up against Democratic players who had a clue about the game. Thank you, Mr. Speaker.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 41, 223; Assembly Resolution No. 10.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Sandra Albrecht-Johnson, Deborah Rengler, Cindy Clampitt and Kelly Minton.
On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Molly Mills.
On request of Assemblyman Arberry, the privilege of the floor of the Assembly Chamber for this day was extended to Connie Davis, Kathryn Fosnaugh, Carol Thompsen, Andrea Carothers, Lila Clark, Linda Smith and Reba Coombs.
On request of Assemblyman Bache, the privilege of the floor of the Assembly Chamber for this day was extended to Linda Utt, Cheryl Meyers, Marilyn Jane, Virginia Letts, Glenda Jacques and Valerie A. Erwin.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Dawn Lee.
On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to Kathryn Oetting.
On request of Assemblyman Brower, the privilege of the floor of the Assembly Chamber for this day was extended to Jasmine Shackley.
On request of Assemblyman Brown, the privilege of the floor of the Assembly Chamber for this day was extended to Jerlyn Figearo.
On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Mary Garcia, Marlo Harding, Meagan Strong, Charlene Morehead, Greg Torres, Lucas Watson, Terry Sullivan, Jeanne Douglass, Barbara Houger, Harle Glover, Matthew Baker, Cindy Benjamin, Jason Hataway, Diane Keetch, Mary Matheus and Patty Williams.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Jolene Miley, Richard Matthews and Ralph McMullen.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to JoAnn Kula, Bruce Pfeiffer and Karen Latimer.
On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Jackie Valley and Geri Mosey.
On request of Assemblywoman Claborn, the privilege of the floor of the Assembly Chamber for this day was extended to Millicent Jorgenson.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Cathy Collins, Diane Rea and Linda Kelso.
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to June Rigsby, Linda Eissmann and Cecile Crofoot.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Betty Phenix, Rebekah Langhoff, Darlene Nevin and Crystal Smith.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Janet Stokes.
On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Ann Van Nostrand, Marge Griffin and Hannah Zive.
On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Nikki Kinsley, Joan Tuntland and Cheryl O'Day.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Loretta White.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Linda Cooper and Sara Towles.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Carolyn Maynick.
On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Kristi Geiser and Darlene Rubin.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Barbara Urbani.
On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Maxine Millibar and Stephany Corral.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Nanita Moore and Eric Anderlohr.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Yhvona Martin and Louise Darden.
On request of Assemblywoman McClain, the privilege of the floor of the Assembly Chamber for this day was extended to Claudette Thompsen.
On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Sheila Sease.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Donna Hancock.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Donna Esposito.
On request of Assemblyman Oceguera, the privilege of the floor of the Assembly Chamber for this day was extended to Valerie Belknap.
On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Patty Moody.
On request of Assemblyman Parks, the privilege of the floor of
the Assembly Chamber for this day was extended to Joyce Hess and Julayne
Le Bas.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Mary Bean and Dulce Jesena.
On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Paula Winne, Karen Crawford, Kathryn Alden, Marian Kamalani, Robert Salley and William Hull.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Linda Lee Nary and Heather T. Collins.
On request of Assemblywoman Smith, the privilege of the floor of the Assembly Chamber for this day was extended to Connie Kight.
On request of Assemblywoman Tiffany, the privilege of the floor of the Assembly Chamber for this day was extended to Jaynese Knight and Novella Watson-Lee.
On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Bonnie Aparicio and June Bennett.
On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Mary Drake and Linda Corbett.
Assemblywoman Buckley moved that the Assembly adjourn until Thursday, April 26, 2001 at 10:30 a.m.
Motion carried.
Assembly adjourned at 2:11 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon