THE SEVENTY-SECOND DAY

                               

 

Carson City (Tuesday), April 13, 1999

    Assembly called to order at 11:15 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Reverend Elaine Ludlum Morgan.

    Almighty and eternal God.  So draw our hearts to Thee.  So guide our minds.  So fill our imaginations.  So control our wills that we may be wholly Thine, utterly dedicated to Thee and to Thy children.  And then use us, we pray Thee, as Thou will, and always to Thy glory and to the welfare of Thy people.  Through our Lord Jesus Christ we pray.                         Amen.

    Pledge of allegiance to the Flag.

    Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.

    Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 163, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Barbara E. Buckley, Chairman

Mr. Speaker:

    Your Committee on Education, to which was referred Assembly Bill No. 61, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Wendell P. Williams, Chairman

Mr. Speaker:

    Your Concurrent Committee on Education, to which were referred Assembly Bills Nos. 216, 220, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Concurrent Committee on Education, to which was referred Assembly Bill No. 352, 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 Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 614, has had the same under consideration, and begs leave to report the same back with the

recommendation: Amend, and do pass as amended.

Chris Giunchigliani, Chairman

Mr. Speaker:

    Your Committee on Government Affairs, to which was referred Assembly Bill No. 528, 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 Health and Human Services, to which were referred Assembly Bills Nos. 429, 531, 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 Committee on Health and Human Services, to which were referred Assembly Bills Nos. 69, 586, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended, and re-refer to the Committee on Ways and Means.

Vivian L. Freeman, Chairman

Mr. Speaker:

    Your Committee on Judiciary, to which were referred Assembly Bills Nos. 406, 617, 666, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernard Anderson, Chairman

Mr. Speaker:

    Your Concurrent Committee on Judiciary, to which was referred Assembly Bill No. 559, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernard Anderson, Chairman

Mr. Speaker:

    Your Committee on Transportation, to which was referred Assembly Bill No. 182, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne S. Chowning, Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, April 12, 1999

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 392.

                                      Mary Jo Mongelli

                        Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 392.

    Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 76.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 154.

    Amend sec. 2, page 2, line 26, after “provided in” by inserting:

this subsection and”.

    Amend sec. 2, page 2, lines 30 and 31, by deleting:

, or by any other method authorized by the department,”.

    Amend sec. 2, page 2, line 33, after “certificate.” by inserting:

The department may, by regulation, prescribe alternative methods by which a signature may be affixed upon a manufacturer’s certificate of origin or a manufacturer’s statement of origin issued for a vehicle. The alternative methods must ensure the authenticity of the signatures.”.

    Amend the title of the bill by deleting the fourth through sixth lines and inserting:

“department to adopt regulations which prescribe methods, other than by pen and ink, by which a signature may be affixed upon a manufacturer’s certificate of origin or a manufacturer’s statement of origin;and providing other matters”.

    Assemblywoman Chowning moved the adoption of the amendment.

    Remarks by Assemblywoman Chowning.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 282.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 564.

    Amend section 1, page 1, by deleting line 4 and inserting:

opaque covering of any portion of the areola and nipple;”.

    Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 and 4 as sections 2 and 3.

    Amend the title of the bill to read as follows:

“AN ACT relating to crimes; revising the provisions governing the unlawful exhibition or distribution of material that is harmful to minors; 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 third reading.

    Assembly Bill No. 349.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 549.

    Amend section 1, page 2, by deleting lines 13 through 15 and inserting:

    “(c) To be mailed to each owner, as listed on the county assessor’s records, of real property located:

        (1) Within 1,000 feet of the portion of the boundary line being changed, if the property is located in a county whose population is 400,000 or more; or

        (2) Within 500 feet of the portion of the boundary line being changed, if the property is located in a county whose population is less than 400,000;”.

    Amend section 1, page 2, line 17, after “least” by inserting “the”.

    Amend section 1, page 2, line 19, by deleting “(b);” and inserting “(c);”.

    Amend section 1, page 2, line 21, by deleting “and”.

    Amend section 1, page 2, line 23, by deleting the period and inserting:

or his designee; and

    (g) To be sent by electronic means, if receipt of such an electronic notice can be verified, to any governmental entity or a party to whom notice must be provided pursuant to paragraphs (a) to (f), inclusive, that requests such a notice.”.

    Amend sec. 2, page 3, line 30, after “mail” by inserting:

, or by electronic means if receipt of such an electronic notice can be verified,”.

    Amend sec. 2, page 3, line 34, by deleting “300” and inserting “[300] 500”.

    Amend sec. 2, page 3, by deleting line 36 and inserting:

    “(c) Each [owner,] of the owners, as listed on the county assessor’s records, of at least the 30”.

    Amend sec. 2, page 3, line 41, by deleting “and”.

    Amend sec. 2, page 4, line 1, by deleting the period and inserting:

or his designee; and

    (f) Any governmental entity that requests such a notice.”.

    Amend sec. 2, page 4, line 8, after “mail” by inserting:

, or by electronic means if receipt of such an electronic notice can be verified,”.

    Amend sec. 2, page 4, line 12, by deleting “500” and inserting “[500] 1,000”.

    Amend sec. 2, page 4, by deleting line 14 and inserting:

    “(c) Each [owner,] of the owners, as listed on the county assessor’s records, of at least the 30”.

    Amend sec. 2, page 4, line 19, by deleting “and”.

    Amend sec. 2, page 4, line 20, by deleting the period and inserting:

or his designee; and

    (f) Any governmental entity that requests such a notice.”.

    Amend the bill as a whole by adding new sections designated sections 3 and 4, following sec. 2, to read as follows:

    “Sec. 3.  NRS 278.315 is hereby amended to read as follows:

    278.315 1.  The governing body may provide by ordinance for the granting of variances, special use permits, conditional use permits or other special exceptions by the board of adjustment, the planning commission or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board, commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits, conditional use permits or special exceptions by the board, commission or examiner.

    2.  A hearing to consider an application for the granting of a [variance,] special use permit, conditional use permit or special exception must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and purpose of the hearing must be sent by mail , or by electronic means if receipt of such an electronic notice can be verified, at least 10 days before the hearing to:

    (a) The applicant;

    (b) Each owner , as listed on the county assessor’s records, of real property located [within 300] :

        (1) Within 500 feet of the property in question[;], if the property is located in a county whose population is 400,000 or more, unless the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on the premises as its primary business, in which case the notice must be provided to each owner, as listed on the county assessor’s records, of real property located within 1,000 feet of the property in question; or

        (2) Within 300 feet of the property in question, if the property is located in a county whose population is less than 400,000, unless the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on the premises as its primary business, in which case the notice must be provided to each owner, as listed on the county assessor’s records, of real property located within 500 feet of the property in question;

    (c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; [and]

    (d) Any advisory board which has been established for the affected area by the governing body[.]; and

    (e) Any governmental entity that requests such a notice.

The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

    3.  A hearing to consider an application for the granting of a variance must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and purpose of the hearing must be sent by mail, or by electronic means if receipt of such an electronic notice can be verified, at least 10 days before the hearing to:

    (a) The applicant;

    (b) Each owner, as listed on the county assessor’s records, of real property located within 300 feet of the property in question;

    (c) Any advisory board which has been established for the affected area by the governing body; and

    (d) Any governmental entity that requested such a notice.

The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

    4.  If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection [2,] 2 or 3, cause a notice to be sent by mail at least 10 days before the hearing to each [owner,] of the owners, as listed on the county assessor’s records, of at least the 30 parcels nearest to the property in question. The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

    [4.] 5. An ordinance adopted pursuant to this section must provide an opportunity for the applicant or a protestant to appeal from a decision of the board of adjustment, planning commission or hearing examiner to the governing body.

    [5.] 6. In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, in addition to mailing the notice required pursuant to subsection [3,] 4, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

    (a) The existing permitted use and zoning designation of the property in question;

    (b) The proposed permitted use of the property in question;

    (c) The date, time and place of the public hearing; and

    (d) A telephone number which may be used by interested persons to obtain additional information.

    [6.] 7. A sign required pursuant to subsection [5] 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

    [7.] 8. A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection [5,] 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

    [8.] 9. The governing body shall remove or cause to be removed any sign required by subsection [5] 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

    Sec. 4.  This act becomes effective on July 1, 2000.”.

    Amend the title of the bill, third line, by deleting the second and third lines and inserting:

“notice required for certain amendments to a master plan or zoning regulation and applications for the granting of variances, special and conditional use permits and other special exceptions; and providing other matters properly relating thereto.”.

    Amend the summary of the bill, second line, by deleting the period and inserting:

“and applications for granting of variances, special and conditional use permits and other special exceptions.”.

    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. 457.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 539.

    Amend sec. 2, page 3, line 22, by deleting “driving,” and inserting:

driving within the course of 1 mile,”.

    Amend sec. 2, page 3, by deleting lines 38 through 42.

    Assemblywoman Chowning moved the adoption of the amendment.

    Remarks by Assemblywoman Chowning.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 458.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 538.

    Amend section 1, page 1, line 7, by deleting “A” and inserting:

The identification numbers of a”.

    Amend section 1, page 1, line 10, before “location” by inserting “commercial”.

    Assemblyman Parks moved the adoption of the amendment.

    Remarks by Assemblyman Parks.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 549.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 563.

    Amend the bill as a whole by deleting sections 1 and 2 and renumbering sections 3 through 6 as sections 1 through 4.

    Amend sec. 5, page 3, by deleting lines 9 through 30 and inserting:

    “1.  A child under the age of 18 years shall not falsely represent that he is 18 years of age or older to purchase or obtain cigarettes, cigarette paper, tobacco of any description or products made from tobacco.

    2.  A child who is found to have engaged in an act that is prohibited by subsection 1 must be treated in the manner set forth in NRS 62.212 and in addition to any other action ordered pursuant to NRS 62.212, may be ordered to pay a fine of not more than $100.”.

    Amend sec. 6, page 3, by deleting lines 39 through 43 and inserting:

        “(2) Engages in an act described in subsection 1 of section 3 of this act;”.

    Amend the bill as a whole by deleting sec. 7 and renumbering sec. 8 as sec. 5.

    Amend sec. 8, page 5, line 28, by deleting “section 5” and inserting “section 3”.

    Amend sec. 8, page 7, by deleting lines 36 and 37 and inserting:

“program of sports or physical fitness that is adequately supervised or a publicly or privately operated program for the arts that is adequately supervised. A program for the arts may include, but is not limited to, drawing, painting, photography or other visual arts, musical, dance or theatrical performance, writing or any other structured activity that involves creative or artistic expression. If the court orders the child to participate in a program of sports or physical fitness or a program for the arts, the court may order any or all of the”.

    Amend the bill as a whole by deleting sec. 9 and renumbering sections 10 and 11 as sections 6 and 7.

    Amend sec. 10, page 9, line 28, by deleting:

“to 4, inclusive,” and inserting “and 2”.

    Amend sec. 11, page 9, by deleting lines 31 through 39 and inserting:

    “Sec. 7.  The amendatory provisions of sections 3, 4 and 5 of this act do not apply to a false representation made by a child who is under 18 years of age to purchase or obtain cigarettes, cigarette paper, tobacco of any description or products made from tobacco that occurred before October 1, 1999.”.

    Amend the bill as a whole by adding a new section designated sec. 8, following sec. 11, to read as follows:

    “Sec. 8.  1.  This section and sections 1 to 4, inclusive, and 6 and 7 of this act become effective on October 1, 1999.

    2.  Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to tobacco; prohibiting a person from selling cigarettes in packages that contain fewer than 20 cigarettes; revising the limitations on the public areas in which cigarette vending machines may be placed; providing that a minor who falsely represents his age to purchase tobacco products is in need of supervision; providing a penalty; and providing other matters properly relating thereto.”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblymen Anderson and Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 661.

    Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Perkins moved that Assembly Bills Nos. 61, 69, 163, 182, 352, 406, 429, 528, 531, 559, 586, 614, 617 and 666 be placed on the Second Reading File.

    Motion carried.

    Assemblyman de Braga moved that Assembly Bill No. 179 be taken from the Chief Clerk's desk and placed on the General File.

    Remarks by Assemblyman de Braga.

    Motion carried.

general file and third reading

    Assembly Bill No. 71.

    Bill read third time.

    Remarks by Assemblywoman Buckley.

    Roll call on Assembly Bill No. 71:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 71 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 108.

    Bill read third time.

    Remarks by Assemblywoman Buckley.

    Roll call on Assembly Bill No. 108:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 108 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 111.

    Bill read third time.

    Remarks by Assemblymen Perkins and Brower.

    Potential conflict of interest declared by Assemblyman Brower.

    Roll call on Assembly Bill No. 111:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 111 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 219.

    Bill read third time.

    Remarks by Assemblywoman Cegavske.

    Roll call on Assembly Bill No. 219:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 219 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 239.

    Bill read third time.

    Assemblyman Nolan moved that Assembly Bill No. 239 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Nolan.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Anderson moved that Assembly Bill No. 522 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Anderson.

    Motion carried.

general file and third reading

    Assembly Bill No. 241.

    Bill read third time.

    Remarks by Assemblywoman McClain.

    Roll call on Assembly Bill No. 241:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 241 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 267.

    Bill read third time.

    Remarks by Assemblyman Perkins.

    Roll call on Assembly Bill No. 267:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 267 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 347.

    Bill read third time.

    Remarks by Assemblymen Bache, Von Tobel and Goldwater.

    Assemblywoman Von Tobel requested that her remarks be entered in the Journal.

    AB 347 does not change state water law, nor was it intended to.  AB 347 represents two years of discussion and debate among well owners over how best to manage groundwater in the Las Vegas Valley.  It is one more step in an ongoing process in which well owners are being asked to participate and contribute to addressing this important issue.

    AB 347 addresses the two major concerns heard from well owners—declining water levels and the concern over the high cost of hooking up to a municipal system.  Southern Nevada Water Authority will be allowed to perform permanent artificial recharge into the aquifer to benefit well users.  The bill would also allow the Water Authority to establish a low-interest payment program to help well owners pay for the cost of connecting to a municipal water system, should they ever have to hook up.  The low interest payment program is voluntary.

    The issue of connection costs is a difficult one and was never intended to be resolved by this bill.  I share the concerns of my constituents over these issues, particularly the issue of high connection costs and the rules governing when you do or do not have to hook up.  This bill is not the place to handle those issues.

    The NWOA proposed an amendment that was not acceptable to our Government Affairs Committee.  Their amendment had a different purpose than the bill before us.  The amendment wanted to add definitions of certain well types to statute, using this bill as a vehicle for their own purposes.  The amendment also wanted to place constraints on how or when the state engineer could require someone to hook up.  This also would have placed a $200 cap on the cost of connecting from a well to municipal water for any well owner, regardless of which jurisdiction they may live in.  All of these amendments attempted to change state water law, but in the wrong place.

    I understand and am very sympathetic to the concerns of the well owners.  That is why I have been—and will continue—working with the Water Authority, the Las Vegas Water District and the NWOA to try and address the cost of hook ups.  I am optimistic that we can find ways to bring the cost of hooking up closer to that of redrilling a well.  If your well fails and if you are required by the state engineer to hook up, the cost of the hook up will be as close to the cost of a new well as possible.  That is one goal I am working towards.  It will take some time but I am committed to seeing it through and to provide some reasonable relief to any well owners who might find themselves in this position in the future.  I strongly feel that AB 347 gives well owners in my district some options they would not have otherwise.  None of these provisions are mandatory—they simply give well owners some options and flexibility.  I ask for your support of AB 347.

    Roll call on Assembly Bill No. 347:

    Yeas—41.

    Nays—None.

    Not Voting—Mortenson.

    Assembly Bill No. 347 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 392.

    Bill read third time.

    Assemblyman Anderson moved that Assembly Bill No. 392 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Anderson.

    Motion carried.

    Assembly Bill No. 461.

    Bill read third time.

    Remarks by Assemblyman Bache.

    Roll call on Assembly Bill No. 461:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 461 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 467.

    Bill read third time.

    Remarks by Assemblymen Goldwater, Nolan and Anderson.

    Roll call on Assembly Bill No. 467:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 467 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 473.

    Bill read third time.

    Remarks by Assemblymen McClain, Perkins and Buckley.

    Roll call on Assembly Bill No. 473:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 473 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 485.

    Bill read third time.

    Remarks by Assemblywoman Koivisto.

    Roll call on Assembly Bill No. 485:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 485 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 494.

    Bill read third time.

    Remarks by Assemblywoman Parnell.

    Roll call on Assembly Bill No. 494:

    Yeas—32.

    Nays—Angle, Beers, Carpenter, Cegavske, Gustavson, Hettrick, Marvel, Nolan, Tiffany, Von Tobel—10.

    Assembly Bill No. 494 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 520.

    Bill read third time.

    Remarks by Assemblywoman Giunchigliani.

    Roll call on Assembly Bill No. 520:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 520 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 543.

    Bill read third time.

    Assemblyman Anderson moved that Assembly Bill No. 543 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Anderson.

    Motion lost.

    Remarks by Assemblymen Gustavson, Anderson, Collins, Brower, Humke and Buckley.

    Assemblyman Brower moved that Assembly Bill No. 543 be taken from the General File and placed on the Chief Clerk's desk.

    Motion carried.

    Assembly Bill No. 544.

    Bill read third time.

    Remarks by Assemblywoman Buckley.

    Roll call on Assembly Bill No. 544:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 544 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 554.

    Bill read third time.

    Remarks by Assemblyman Goldwater.

    Roll call on Assembly Bill No. 554:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 554 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 583.

    Bill read third time.

    Remarks by Assemblymen Brower and Dini.

    Conflict of interest declared by Assemblyman Dini.

    Roll call on Assembly Bill No. 583:

    Yeas—41.

    Nays—None.

    Not Voting—Dini.

    Assembly Bill No. 583 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 587.

    Bill read third time.

    Remarks by Assemblywoman Evans.

    Roll call on Assembly Bill No. 587:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 587 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 631.

    Bill read third time.

    Remarks by Assemblymen Giunchigliani and Anderson.

    Roll call on Assembly Bill No. 631:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 631 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 638.

    Bill read third time.

    Remarks by Assemblyman Beers.

    Roll call on Assembly Bill No. 638:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 638 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 639.

    Bill read third time.

    Remarks by Assemblyman Lee.

    Roll call on Assembly Bill No. 639:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 639 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 641.

    Bill read third time.

    Remarks by Assemblyman Bache.

    Roll call on Assembly Bill No. 641:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 641 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 646.

    Bill read third time.

    Remarks by Assemblyman Claborn.

    Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.

    Conflict of interest declared by Assemblyman Dini.

    Roll call on Assembly Bill No. 646:

    Yeas—41.

    Nays—None.

    Not Voting—Dini.

    Assembly Bill No. 646 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 650.

    Bill read third time.

    Remarks by Assemblywoman Ohrenschall.

    Roll call on Assembly Bill No. 650:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 650 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 Assemblymen Mortenson, Tiffany and Brower.

    Roll call on Assembly Bill No. 179:

    Yeas—29.

    Nays—Angle, Beers, Berman, Brower, Cegavske, Collins, Gustavson, Hettrick, Humke, Marvel, Neighbors, Tiffany, Von Tobel—13.

    Assembly Bill No. 179 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Notice of exemption

    The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, determined the exemption of Assembly Bills Nos. 216, 220, 352 and 559.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Elections, Procedures, and Ethics, to which was re-referred Assembly Bill No. 465, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Chris Giunchigliani, Chairman

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

    Assembly in recess at 1:13 p.m.

ASSEMBLY IN SESSION

    At 1:51 p.m.

    Madam Speaker pro Tempore presiding.

    Quorum present.

SECOND READING AND AMENDMENT

    Assembly Bill No. 61.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 69.

    Bill read second time.

    The following amendment was proposed by the Committee on Health and Human Services:

    Amendment No. 491.

    Amend the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:

    “Section 1.  NRS 422.382 is hereby amended to read as follows:

    422.382 1.  Except as otherwise provided in this subsection, the department shall determine the amount that each state or local government or other entity responsible for the public hospital in a county within which a public hospital is located is required to transfer to the department for deposit in the intergovernmental transfer account in the state general fund to be administered by the department to maximize the amount of money that may be received from the Federal Government for distribution to hospitals that treat a disproportionate share of Medicaid, indigent or other low-income patients. The amount which the department determines that a state or local government or other entity is required to transfer pursuant to this section must not exceed the amount of the payment made pursuant to NRS 422.387 to the public hospital for which the state or local government or other entity is responsible.

    2.  In a county within which:

    (a) A public hospital is located, the state or local government or other entity responsible for the public hospital shall transfer [an amount equal to 75 percent of the amount of the payment made to the public hospital pursuant to NRS 422.387 less $50,000] the amount determined by the department pursuant to subsection 1 to the department.

    (b) A private hospital which receives a payment pursuant to NRS 422.387 is located, the county shall transfer an amount established by the legislature to the department.

    [2.] 3. A county that transfers the amount required pursuant to paragraph (b) of subsection [1] 2 to the department is discharged of the duty and is released from liability for providing medical treatment for indigent inpatients who are treated in the hospital in the county that receives a payment pursuant to paragraph (b) of subsection [2] 1 of NRS 422.387.

    [3.] 4. Any money collected pursuant to subsection [1,] 2, including any interest or penalties imposed for a delinquent payment, must be deposited in the state treasury for credit to the intergovernmental transfer account in the state general fund to be administered by the department.

    [4.] 5. The interest and income earned on money in the intergovernmental transfer account, after deducting any applicable charges, must be credited to the account.

    6.  The amount of money that the department may retain from the amount transferred to the department pursuant to subsection 2 must not exceed 10 percent of the amount of the disproportionate share payment received from the Federal Government.”.

    Amend section 1, page 1, by deleting lines 2 through 9 and inserting:

    “422.387  1.  [Before making the payments required or authorized by this section, the department shall allocate money for the administrative costs necessary to carry out the provisions of NRS 422.380 to 422.390, inclusive. The amount allocated for administrative costs must not exceed the amount authorized for expenditure by the legislature for this purpose in a fiscal year. The interim finance committee may adjust the amount allowed for administrative costs.”.

    Amend section 1, page 1, line 10, by deleting “2.” and inserting “2.]”.

    Amend section 1, page 2, by deleting lines 9 through 13.

    Amend section 1, page 2, line 14, by deleting “4.” and inserting “[3.] 2.”.

    Amend sec. 2, page 2, by deleting line 18 and inserting:

    “Sec. 3.  This act becomes effective on July 1, 2001.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to welfare; revising the provisions governing the payment of hospitals for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients; and providing other matters properly relating thereto.”.

    Assemblywoman Freeman moved the adoption of the amendment.

    Remarks by Assemblymen Freeman and Goldwater.

    Amendment adopted.

    Assemblywoman Freeman moved that Assembly Bill No. 69 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. 163.

    Bill read second time.

    The following amendment was proposed by the Committee on Commerce and Labor:

    Amendment No. 372.

    Amend section 1, page 1, by deleting lines 9 through 15 and inserting:

    “(d) An annual mammogram for women under 40 years of age when medically necessary.”.

    Amend sec. 2, page 2, by deleting lines 27 through 33 and inserting:

    “(d) An annual mammogram for women under 40 years of age when medically necessary.”.

    Amend sec. 3, page 3, by deleting lines 21 through 27 and inserting:

    “(d) An annual mammogram for women under 40 years of age when medically necessary.”.

    Amend sec. 4, page 4, by deleting lines 14 through 20 and inserting:

    “(d) An annual mammogram for women under 40 years of age when medically necessary.”.

    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. 182.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 541.

    Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:

    “Section 1.  1.  The Department of Transportation and Clark County shall, on or before July 1, 2000, enter into an interlocal agreement pursuant to NRS 277.080 to 277.180, inclusive, concerning highways in Clark County, excluding freeways, in which both the Department of Transportation and Clark County have an ownership interest.

    2.  The interlocal agreement must address:

    (a) Ownership of the highways;

    (b) Maintenance of and improvements to the highways; and

    (c) Standards of construction for the highways.

    3.  Until the agreement has been entered into, the Department of Transportation shall consult with Clark County concerning standards of construction for such highways to ensure that state standards are consistent with local standards and with the rights of third parties with respect to encroachments.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to highways; requiring the Department of Transportation and Clark County to enter into an interlocal agreement concerning highways in which both have an ownership interest; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Requires Department of Transportation and Clark County to enter into interlocal agreement concerning highways in which both have ownership interest. (BDR S‑270)”.

    Assemblywoman Chowning moved the adoption of the amendment.

    Remarks by Assemblywoman Chowning.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 352.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 414.

    Amend section 1, page 1, by deleting line 3 and inserting:

“the Southern Nevada Writing Project and the Northern Nevada Writing Project:”.

    Amend section 1, page 1, by deleting lines 6 through 11 and inserting:

    “2.  The money appropriated by subsection 1 must be allocated equally between the Southern Nevada Writing Project and the Northern Nevada Writing Project for deposit in separate accounts for each project.

    3.  Disbursements from these accounts to pay the expenses of the projects must be made by the Board of Regents of the University of Nevada upon the request of the administrator of the respective project.”.

    Amend the title of the bill by deleting the second and third lines and inserting:

“Nevada for the Southern Nevada Writing Project and the Northern Nevada Writing Project; and providing other matters properly relating thereto.”.

    Amend the summary of the bill by deleting the second line and inserting:

“for Southern Nevada Writing Project and Northern Nevada Writing Project.”.

    Assemblyman Williams moved the adoption of the amendment.

    Remarks by Assemblyman Williams.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.

    Assembly Bill No. 406.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 330.

    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 4 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Before a justice of the peace may revoke or modify the suspension of a sentence of an offender pursuant to subsection 2, the justice of the peace shall hold a hearing to determine whether the offender has violated or failed to fulfill a condition of his suspended sentence. The justice of the peace shall:

    (a) Provide advance notice to the offender of the:

        (1) Place and time of the hearing;

        (2) Purpose of the hearing; and

        (3) Alleged violation of the suspended sentence; and

    (b) Allow the offender to:

        (1) Appear and speak on his own behalf;

        (2) Obtain counsel;

        (3) Present any relevant letters or other documents and any person who may provide relevant information; and

        (4) Confront and question any person who appears against him unless, in the opinion of the justice of the peace, the person would be subjected to a risk of harm by disclosure of his identity.

    2.  Except as otherwise provided in this subsection, if a justice of the peace determines pursuant to subsection 1 that an offender has violated or failed to fulfill a condition of his suspended sentence, the justice of the peace may revoke the suspension of the sentence and cause all or part of the sentence to be executed. If the offender is ordered to serve only part of the sentence, the justice of the peace may suspend the remainder of the sentence for not more than 1 year after the date on which the offender violated or failed to fulfill the condition of suspension.”.

    Amend section 1, page 1, line 2, by deleting “5,” and inserting:

section 1 of this act,”.

    Amend section 1, pages 2 and 3, by deleting lines 38 through 41 on page 2 and lines 1 through 4 on page 3.

    Amend the bill as a whole by renumbering sections 2 and 3 as sections 4 and 5 and adding a new section designated sec. 3, following section 1, to read as follows:

    “Sec. 3.  Chapter 5 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Before a municipal judge may revoke or modify the suspension of a sentence of an offender pursuant to subsection 2, the municipal judge shall hold a hearing to determine whether the offender has violated or failed to fulfill a condition of his suspended sentence. The municipal judge shall:

    (a) Provide advance notice to the offender of the:

        (1) Place and time of the hearing;

        (2) Purpose of the hearing; and

        (3) Alleged violation of the suspended sentence; and

    (b) Allow the offender to:

        (1) Appear and speak on his own behalf;

        (2) Obtain counsel;

        (3) Present any relevant letters or other documents and any person who may provide relevant information; and

        (4) Confront and question any person who appears against him unless, in the opinion of the municipal judge, the person would be subjected to a risk of harm by disclosure of his identity.

    2.  Except as otherwise provided in this subsection, if a municipal judge determines pursuant to subsection 1 that an offender has violated or failed to fulfill a condition of his suspended sentence, the municipal judge may revoke the suspension of the sentence and cause all or part of the sentence to be executed. If the offender is ordered to serve only part of the sentence, the municipal judge may suspend the remainder of the sentence for not more than 1 year after the date on which the offender violated or failed to fulfill the condition of suspension.”.

    Amend sec. 2, page 3, line 6, by deleting “2,” and inserting:

[2,] 2 or section 3 of this act,”.

    Amend sec. 2, page 4, by deleting lines 9 through 16.

    Amend the title of the bill, first line, after “sentences;” by inserting:

“requiring a justice of the peace and municipal judge to provide notice and a hearing to an offender before determining whether to revoke or modify the suspension of his sentence;”.

    Amend the summary of the bill to read as follows:

        “SUMMARY—Makes various changes concerning suspension of sentence by justices of the peace and municipal judges. (BDR 1‑1120)”.

    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. 429.

    Bill read second time.

    The following amendment was proposed by the Committee on Health and Human Services:

    Amendment No. 500.

    Amend section 1, page 1, line 2, by deleting:

“2 and 3” and inserting:

“2, 3 and 4”.

    Amend the bill as a whole by renumbering sections 4 through 10 as sections 5 through 11 and adding a new section designated sec. 4, following sec. 3, to read as follows:

    “Sec. 4.  1.  If the division of health care financing and policy denies an application for the children’s health insurance program, the division shall provide written notice of the decision to the applicant. An applicant who disagrees with the denial of the application may request a review of the case and a hearing before an impartial hearing officer by filing a written request within 30 days after the date of the notice of the decision at the address specified in the notice.

    2.  The division of health care financing and policy shall adopt regulations regarding the review and hearing before an impartial hearing officer. The decision of the hearing officer must be in writing.

    3.  The applicant may at any time within 30 days after the date on which the written decision is mailed, petition the district court of the judicial district in which the applicant resides to review the decision. The district court shall review the decision on the record. The decision and record must be certified as correct and filed with the court by the administrator of the division for health care financing and policy.

    4.  The review by the court must be in accordance with NRS 422.299.”.

    Amend the bill as a whole by renumbering sections 11 through 34 as sections 16 through 39 and adding new sections designated sections 12 through 15, following sec. 10, to read as follows:

    “Sec. 12.  NRS 422.294 is hereby amended to read as follows:

    422.294 1.  Subject to the provisions of subsection 2, if an application for public assistance or claim for services is not acted upon by the [welfare division] department within a reasonable time after the filing of the application[,] or claim for services, or is denied in whole or in part, or if any grant of public assistance or claim for services is reduced, suspended or terminated, the applicant for or recipient of public assistance may appeal to the [welfare division] department and may be represented in the appeal by counsel or other representative of his choice.

    2.  Upon the initial decision to deny, reduce, suspend or terminate public assistance[, the welfare division] or services, the department shall notify that applicant or recipient of its decision, the regulations involved and his right to request a hearing within a certain period. If a request for a hearing is received within that period, the [welfare division] department shall notify that person of the time, place and nature of the hearing. The [welfare division] department shall provide an opportunity for a hearing of that appeal and shall review his case regarding all matters alleged in that appeal.

    3.  The [welfare division] department is not required to grant a hearing pursuant to this section if the request for the hearing is based solely upon the provisions of a federal law or a law of this state that requires an automatic adjustment to the amount of public assistance or services that may be received by an applicant or recipient.

    Sec. 13.  NRS 422.296 is hereby amended to read as follows:

    422.296 1.  At any hearing held pursuant to the provisions of subsection 2 of NRS 422.294, opportunity must be afforded all parties to respond and present evidence and argument on all issues involved.

    2.  Unless precluded by law, informal disposition may be made of any hearing by stipulation, agreed settlement, consent order or default.

    3.  The record of a hearing must include:

    (a) All pleadings, motions and intermediate rulings.

    (b) Evidence received or considered.

    (c) Questions and offers of proof and objections, and rulings thereon.

    (d) Any decision, opinion or report by the hearing officer presiding at the hearing.

    4.  Oral proceedings, or any part thereof, must be transcribed on request of any party seeking judicial review of the decision.

    5.  Findings of fact must be based exclusively on substantial evidence.

    6.  Any employee or other representative of the [welfare division] department who investigated or made the initial decision to deny, modify or cancel a grant of public assistance shall not participate in the making of any decision made pursuant to the hearing.

    Sec. 14.  NRS 422.298 is hereby amended to read as follows:

    422.298 1.  A decision or order issued by a hearing officer must be in writing. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory or regulatory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. A copy of the decision or order must be delivered by certified mail to each party and to his attorney or other representative.

    2.  The [welfare division] department or an applicant for or recipient of public assistance or services may, at any time within 90 days after the date on which the written notice of the decision is mailed, petition the district court of the judicial district in which the applicant for or recipient of public assistance resides to review the decision. The district court shall review the decision on the record of the case before the hearing officer. The decision and record must be certified as correct and filed with the clerk of the court by the [state welfare administrator.] department.

    Sec. 15.  NRS 422.299 is hereby amended to read as follows:

    422.299 1.  Before the date set by the court for hearing, an application may be made to the court by motion, with notice to the opposing party and an opportunity for that party to respond, for leave to present additional evidence. If it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the [welfare division,] department, the court may order that the additional evidence be taken before the [welfare division] department upon conditions determined by the court. The [welfare division] department may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.

    2.  The review must be conducted by the court without a jury and must be confined to the record. In cases of alleged irregularities in procedure before the [welfare division,] department, not shown in the record, proof thereon may be taken in the court. The court, at the request of either party, shall hear oral argument and receive written briefs.

    3.  The court shall not substitute its judgment for that of the [welfare division]department as to the weight of the evidence on questions of fact. The court may affirm the decision of the [welfare division] department or remand the case for further proceedings. The court may reverse the decision and remand the case to the [division] department for further proceedings if substantial rights of the appellant have been prejudiced because the [welfare division’s] department’s findings, inferences, conclusions or decisions are:

    (a) In violation of constitutional, regulatory or statutory provisions;

    (b) In excess of the statutory authority of the [welfare division;] department;

    (c) Made upon unlawful procedure;

    (d) Affected by other error of law;

    (e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

    (f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

    4.  An aggrieved party may obtain review of any final judgment of the district court by appeal to the supreme court. The appeal must be taken in the manner provided for civil cases.”.

    Amend sec. 11, page 6, line 7, by deleting “10” and inserting “30”.

    Amend sec. 21, page 11, line 40, by deleting “20” and inserting “25”.

    Amend sec. 21, page 11, line 42, by deleting “20” and inserting “25”.

    Amend sec. 25, page 13, line 26, by deleting “24” and inserting “29”.

    Amend sec. 33, page 17, line 37, by deleting:

[5.  Sections 1” and inserting:

“5.  Sections [1”.

    Amend sec. 33, page 17, by deleting line 39 and inserting:

of section 81 of this act, expires] 78 and 79 of this act expire by limitation on June 30, 1999.”.

    Assemblywoman Freeman moved the adoption of the amendment.

    Remarks by Assemblywoman Freeman.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 528.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 307.

    Amend sec. 2, page 2, line 10, by deleting “7,” and inserting “6,”.

    Amend sec. 3, page 2, by deleting lines 12 through 14 and inserting:

    “Sec. 3.  “Affected community” means:

    1.  Esmeralda, Lincoln and Nye Counties and any city or unincorporated town therein; and

    2.  The town of Indian Springs in Clark County.”.

    Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 through 15 as sections 5 through 14.

    Amend sec. 8, page 2, line 39, by deleting:

“Each political subdivision” and inserting:

“The governing body of each affected community”.

    Amend sec. 8, page 3, line 16, by deleting “political subdivision” and inserting “affected community”.

    Amend sec. 10, page 3, lines 31 and 32, by deleting “political subdivision,” and inserting “affected community,”.

    Amend sec. 10, page 3, line 36, after “may” by inserting:

“, except as otherwise provided in subsection 2 of section 11 of this act,”.

    Amend sec. 11, page 4, line 6, by deleting “political subdivision” and inserting “affected community”.

    Amend sec. 12, page 4, line 13, by deleting “The” and inserting:

“1.  Except as otherwise provided in subsection 2, the”.

    Amend sec. 12, page 4, line 15, by deleting “1.” and inserting “(a)”.

    Amend sec. 12, page 4, line 18, by deleting “2.” and inserting “(b)”.

    Amend sec. 12, page 4, line 20, by deleting “3.” and inserting “(c)”.

    Amend sec. 12, page 4, line 23, by deleting “4.” and inserting “(d)”.

    Amend sec. 12, page 4, line 25, by deleting “5.” and inserting “(e)”.

    Amend sec. 12, page 4, between lines 30 and 31, by inserting:

    “2.  A regional development corporation must not be organized for the purpose of engaging in any activity which promotes, facilitates or otherwise relates to the transportation, disposal or storage of high-level radioactive waste.”.

    Amend sec. 13, page 4, line 31, by deleting “political subdivision” and inserting “affected community”.

    Amend sec. 13, page 4, line 35, by deleting “political subdivisions,” and inserting “affected communities,”.

    Amend sec. 14, page 5, line 15, by deleting:

“A political subdivision” and inserting:

“An affected community”.

    Amend sec. 14, page 5, line 20, by deleting “8” and inserting “7”.

    Amend the bill as a whole by adding a new section designated sec. 15, following sec. 15, to read as follows:

    “Sec. 15.  A regional development corporation shall not engage in any activity which promotes, facilities or otherwise relates to the transportation, disposal or storage of high-level radioactive waste.”.

    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. 531.

    Bill read second time.

    The following amendment was proposed by the Committee on Health and Human Services:

    Amendment No. 352.

    Amend the bill as a whole by deleting sections 1 through 3 and renumbering sections 4 and 5 as sections 1 and 2.

    Amend sec. 4, page 3, by deleting lines 7 through 11 and inserting:

foster home or group foster home is not liable for any act of a child in his foster care”.

    Amend sec. 5, page 3, line 19, by deleting “4” and inserting “1”.

    Amend the bill as a whole by deleting sections 6 and 7 and renumbering sections 8 and 9 as sections 3 and 4.

    Amend sec. 8, page 4, line 22, by deleting “4” and inserting “1”.

    Amend sec. 9, page 5, line 3, by deleting “4” and inserting “1”.

    Amend sec. 9, page 5, line 8, by deleting:

“parent, guardian or custodian” and inserting:

“parent [, guardian or custodian] or guardian”.

    Amend the bill as a whole by deleting sections 10 through 25 and renumbering section 26 as section 5.

    Amend the bill as a whole by deleting sections 27 through 38 and renumbering section 39 as section 6.

    Amend the summary of the bill, first line, by deleting “foster homes” and inserting:

“persons who provide foster care”.

    Assemblywoman Freeman moved the adoption of the amendment.

    Remarks by Assemblywoman Freeman.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 559.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 477.

    Amend sec. 8, page 4, by deleting lines 16 and 17 and inserting:

public has access and causes injury to another and who:”.

    Amend the bill as a whole by deleting sec. 9 and renumbering sections 10 through 24 as sections 9 through 23.

    Amend sec. 16, page 13, line 23, by deleting:

“17, 18 and 19” and inserting:

“16, 17 and 18”.

    Amend sec. 17, page 13, line 25, by deleting:

17, 18 and 19” and inserting:

16, 17 and 18”.

    Amend sec. 17, page 13, line 26, by deleting:

18 and 19” and inserting:

17 and 18”.

    Amend sec. 21, page 14, by deleting lines 7 and 8 and inserting:

and causes injury to another and who:”.

    Amend the title of the bill by deleting the third and fourth lines and inserting:

“percent or more by weight of alcohol in his blood if the operation causes injury to another; revising the provisions governing”.

    Assemblyman Manendo moved the adoption of the amendment.

    Remarks by Assemblyman Manendo.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.

    Assembly Bill No. 586.

    Bill read second time.

    The following amendment was proposed by the Committee on Health and Human Services:

    Amendment No. 492.

    Amend section 1, page 1, line 2, by deleting “13,” and inserting “15,”.

    Amend the bill as a whole by renumbering sections 2 through 8 as sections 3 through 9 and adding a new section designated sec. 2, following section 1, to read as follows:

    “Sec. 2.  For the purposes of sections 2 to 15, inclusive, of this act, “medical facility” is limited to a:

    1.  Facility for intermediate care;

    2.  Facility for skilled nursing;

    3.  Independent center for emergency medical care; or

    4.  Hospital.”.

    Amend sec. 2, page 1, by deleting line 12 and inserting:

substance that results in harm or injury to the patient;”.

    Amend sec. 2, page 1, by deleting line 15 and inserting:

antibiotics,

while the patient was under the direct care of the medical facility.”.

    Amend sec. 6, page 2, line 35, by deleting:

2 to 5,” and inserting:

3 to 6,”.

    Amend sec. 6, page 2, line 36, after “act.” by inserting:

The report must include factors for adjusting risk based upon the population and patients served by the medical facility.”.

    Amend sec. 7, page 2, line 39, by deleting:

2 to 5,” and inserting:

3 to 6,”.

    Amend sec. 8, page 3, by deleting lines 5 through 11 and inserting:

its patients based on the severity of their conditions that establishes a method of determining required number of employees for each unit of service, patient and shift. The system must include:

    (a) A method to determine the requirements for nursing care for a patient.

    (b) An established method by which the amount of nursing care needed for each category of patient is validated for each unit of service and each shift.

    (c) An established method to discern trends and patterns of delivery of nursing care by each unit of service, shift and level of licensed and nonlicensed employee.

    (d) A mechanism by which the accuracy of the method described in paragraph (a) can be tested. The mechanism must address:

        (1) The amount of nursing care needed by category of patient and pattern of delivery of care, reviewed on an annual basis or more often if warranted by changes in the number of patients or the severity of their conditions;

        (2) The skill of the staff; and

        (3) The model for delivery of care to patients.

    (e) A method to determine allocation of staff resources based on the requirements for nursing care for each shift and each unit of service.

    (f) A method by which the medical facility validates the reliability of the system for classifying patients for each shift and each unit of service.

    2.  The administrator of nursing services within the medical facility or a designee of the administrator shall develop a written staffing plan based on the need for care of patients determined by the system for classifying patients. The staffing plan must be developed and used for each unit of patient care and must specify the requirements for care of patients and the required level of staffing for licensed and nonlicensed employees. The plan must include:

    (a) Requirements for staffing as determined by the system for classifying patients for each unit of service, documented each day and each shift.

    (b) The actual staffing provided, documented each day and each shift.

    (c) The variance between the required and actual staffing, documented each day and each shift.

The plan must be retained for 7 years.

    3.  The system for classifying patients must be reviewed at least annually by a committee appointed by the administrator of nursing services to determine whether the system accurately measures needed care for patients. At least one-half of the members of the committee must be registered nurses who provide direct care to patients.

    4.  If a review pursuant to subsection 3 reveals that adjustments are necessary in the system for classifying patients to ensure accuracy in measuring needed care for patients, the adjustments must be made within 30 days. The medical facility must have a policy and procedure to determine how such adjustments will be made. The policy and procedure must be retained for 7 years.”.

    Amend the bill as a whole by deleting sec. 9.

    Amend sec. 10, page 4, line 8, after “provisions of” by inserting:

sections 2 to 15, inclusive, of”.

    Amend sec. 13, page 5, line 13, by deleting “6” and inserting “7”.

    Amend the bill as a whole by renumbering sec. 14 as sec. 16 and adding new sections designated sections 14 and 15, following sec. 13, to read as follows:

    “Sec. 14.  1.  A person who fails to report or falsifies information, or coerces, threatens, intimidates or otherwise influences another person to fail to report or falsify information required to be reported pursuant to sections 3 to 6, inclusive, of this act, is subject to a civil penalty of not more than $10,000 for each violation.

    2.  A person who willfully and repeatedly violates subsection 1, if the violation is related to:

    (a) A pattern or practice of such violations; or

    (b) The quality of care or services provided by or conditions at a medical facility that would likely lead to serious injury or death for patients or employees of the medical facility,

is guilty of a gross misdemeanor, may be barred from accepting payment pursuant to a state-financed health insurance program and may have his license to operate a medical facility suspended or revoked.

    Sec. 15.  1.  A person in a position of responsibility for staffing in a medical facility who fails to ensure that there is sufficient staff to fulfill the requirements of a staffing plan developed pursuant to section 9 of this act is subject to a civil penalty of not more than $10,000 for each violation.

    2.  A person who willfully and repeatedly violates subsection 1, or who coerces, threatens, intimidates or otherwise influences another person to fail to fulfill the requirements of a staffing plan developed pursuant to section 9 of this act, if the violation is related to:

    (a) A pattern or practice of such violations; or

    (b) The quality of care or services provided by or conditions at a medical facility that would likely lead to serious injury or death for patients or employees of the medical facility,

is guilty of a gross misdemeanor, may be barred from accepting payment pursuant to a state-financed health insurance program and may have his license to operate a medical facility suspended or revoked.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to health care; requiring the establishment of a system for classifying patients and a staffing plan for certain medical facilities; requiring the state board of health to adopt certain regulations; requiring certain medical facilities to report certain information to the board; prohibiting certain acts by employees of certain medical facilities; providing penalties; and providing other matters properly relating thereto.”.

    Assemblywoman Freeman moved the adoption of the amendment.

    Remarks by Assemblywoman Freeman.

    Amendment adopted.

    Assemblywoman Freeman moved the Assembly Bill 586 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. 614.

    Bill read second time.

    The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:

    Amendment No. 509.

    Amend sec. 2, page 1, lines 6 and 7, by deleting:

primary election and general”.

    Amend sec. 2, page 2, line 9, by deleting:

primary and general”.

    Amend sec. 2, page 2, line 10, by deleting:

within 2 years after” and inserting:

during the year immediately succeeding”.

    Amend sec. 2, page 2, line 13, by deleting “second”.

    Amend sec. 3, page 2, by deleting lines 40 and 41 and inserting:

    “2.  The provisions of this section do not authorize a person to vote by absent ballot if he is not otherwise eligible to vote by absent ballot.”.

    Amend sec. 7, page 5, line 26, by deleting “fourth” and inserting “second”.

    Amend sec. 7, page 5, line 34, by deleting:

first Tuesday in September.” and inserting:

fourth Tuesday in [September.] August.”.

    Amend sec. 7, page 5, by deleting line 40 and inserting:

“nominated pursuant to the provisions of this subsection [may] :

    (a) Must file a declaration of candidacy or acceptance of candidacy and pay the statutory filing fee on or before the date the petition is filed; and

    (b) May be elected only”.

    Amend sec. 7, page 6, line 1, by deleting “on or”.

    Amend sec. 7, page 6, line 2, by deleting:

fourth Tuesday in August and” and inserting:

second Tuesday in August and on or”.

    Amend sec. 7, page 6, line 13, by deleting “that date.” and inserting:

[that date.] the date the designation is filed.”.

    Amend sec. 9, page 7, by deleting lines 3 and 4 and inserting:

“person may be a candidate for any office unless, for at least the 30 days [before] immediately preceding the date of the close of filing of”.

    Amend sec. 10, page 8, by deleting line 1 and inserting:

“date at least 30 days [or more before] immediately preceding the”.

    Amend sec. 10, page 9, by deleting lines 3 and 4 and inserting:

“prescribed by law to which the office pertains began on a date at least 30 days [or more before] immediately preceding the date of the close”.

    Amend sec. 15, page 13, line 12, by deleting:

The absent ballot must be printed in at least 14-point bold type.”.

    Amend the bill as a whole by deleting sec. 20, renumbering sections 21 through 32 as sections 24 through 35 and adding new sections designated sections 20 through 23, following sec. 19, to read as follows:

    “Sec. 20.  NRS 293.391 is hereby amended to read as follows:

    293.391 1.  The voted ballots, rejected ballots, spoiled ballots, [unused ballots,] tally lists, pollbooks, challenge lists, voting receipts, records printed on paper of voted ballots collected pursuant to NRS 293B.400 and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk, and preserved for at least 22 months. All such sealed materials must be destroyed immediately after the preservation period. A notice of the destruction must be published by the clerk in at least one newspaper of general circulation in the county not less than 2 weeks before the destruction. Unused ballots, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed.

    2.  The pollbooks containing the signatures of those persons who voted in the election and the tally lists deposited with the board of county commissioners are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the county clerk.

    3.  A contestant of an election may inspect all of the material regarding that election which is preserved pursuant to subsection 1, except the voted ballots.

    4.  The voted ballots deposited with the county clerk are not subject to the inspection of anyone, except in cases of contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of such judge, body or board.

    Sec. 21.  NRS 293.404 is hereby amended to read as follows:

    293.404 1.  Where a recount is demanded pursuant to the provisions of NRS 293.403, the:

    (a) County clerk of each county affected by the recount shall employ a recount board to conduct the recount in the county, and shall act as chairman of the recount board unless the recount is for the office of county clerk, in which case the chairman of the board of county commissioners shall act as chairman of the recount board. At least one member of the board of county commissioners must be present at the recount.

    (b) City clerk shall employ a recount board to conduct the recount in the city, and shall act as chairman of the recount board unless the recount is for the office of city clerk, in which case the mayor of the city shall act as chairman of the recount board. At least one member of the city council must be present at the recount.

Each candidate for the office affected by the recount and the voter who demanded the recount, if any, may be present in person or by an authorized representative, but may not be a member of the recount board.

    2.  Except in counties or cities using a mechanical voting system, the recount must include a count and inspection of all ballots, including rejected ballots, and must determine whether those ballots are marked as required by law.

    3.  If a recount is demanded in a county or city using a mechanical voting system, the person who demanded the recount shall select the ballots for the office or ballot question affected from 5 percent of the precincts, but in no case fewer than three precincts, after consultation with each candidate for the office or his authorized representative. The recount board shall examine the selected ballots, including any duplicate or rejected ballots, shall determine whether the ballots have been voted in accordance with this Title and shall count the valid ballots by hand. [A] In addition, a recount by computer must be made of all the selected ballots. If the count by hand or the recount by computer of the selected ballots [or the recount] shows a discrepancy [of] equal to or greater than 1 percent or [more for either candidate,] 5 votes, whichever is greater, for any candidate for the office, or in favor of or against a ballot question, from the original canvass of the returns, the county or city clerk shall order a count by hand of all the ballots for that office. [If there is not a discrepancy of 1 percent or more,]Otherwise, the county or city clerk [shall not order such a count, but] shall order a recount by computer of all the ballots for the office.

    4.  The county or city clerk shall unseal and give to the recount board all ballots to be counted.

    5.  In the case of a demand for a recount affecting more than one county, the demand must be made to the secretary of state, who shall notify the county clerks to proceed with the recount.

    Sec. 22.  NRS 293.525 is hereby amended to read as follows:

    293.525 1.  Any elector who is presently registered and has changed his residence after the last preceding general election and who fails to return or never receives a postcard mailed pursuant to NRS 293.5235, 293.530[,] or 293.535 who moved:

    (a) From one precinct to another or from one congressional district to another within the same county must be allowed to vote in the precinct where he previously resided after he provides an oral or written affirmation before an election board officer attesting to his new address.

    (b) Within the same precinct must be allowed to vote after he provides an oral or written affirmation before an election board officer attesting to his new address.

    2.  If an elector alleges that the records in the registrar of voters’ register or the election board register incorrectly indicate that he has changed his residence, he must be permitted to vote after he provides an oral or written affirmation before an election board officer attesting that he continues to reside at the same address.

    3.  If an elector refuses to provide an oral or written affirmation attesting to his address as required by this section, he may only vote at the special polling place in the county in the manner set forth in NRS 293.304.

    4.  The county clerk shall use any information regarding the current address of an elector obtained pursuant to this section to correct information in the registrar of voters’ register and the election board register.

    Sec. 23.  NRS 293.547 is hereby amended to read as follows:

    293.547 1.  After the 30th day but not later than the [15th] 25th day before any election, a written challenge may be filed with the county clerk.

    2.  A registered voter may file a written challenge if:

    (a) He is registered to vote in the same precinct or district as the person whose right to vote is challenged; or

    (b) The challenge is based on the personal knowledge of the registered voter.

    3.  The challenge must be signed and verified by the registered voter and name the person whose right to vote is challenged and the ground of the challenge.

    4.  A challenge filed pursuant to this section must not contain the name of more than one person whose right to vote is challenged. The county clerk shall not accept for filing any challenge which contains more than one such name.

    5.  The county clerk shall file the challenge in the registrar of voters’ register and:

    (a) In counties where records of registration are not kept by computer, he shall attach a copy of the challenge to the challenged registration in the election board register.

    (b) In counties where records of registration are kept by computer, he shall have the challenge printed on the computer entry for the challenged registration and add a copy of it to the election board register.

    6.  The county clerk shall, within 5 days after a challenge is filed, mail a notice to the person whose right to vote has been challenged pursuant to this section informing him of the challenge. A copy of the challenge must accompany the notice.”.

    Amend sec. 21, page 17, line 14, by deleting:

“22 and 23” and inserting:

“25 and 26”.

    Amend sec. 22, page 17, lines 18 and 19, by deleting:

primary city election and general”.

    Amend sec. 22, page 17, line 34, by deleting:

primary and general” and inserting “city”.

    Amend sec. 22, page 17, line 35, by deleting:

within 2 years after” and inserting:

during the year immediately succeeding”.

    Amend sec. 22, page 17, line 38, by deleting “second”.

    Amend sec. 23, page 18, by deleting lines 22 and 23 and inserting:

    “2.  The provisions of this section do not authorize a person to vote by absent ballot if he is not otherwise eligible to vote by absent ballot.”.

    Amend sec. 24, page 19, by deleting lines 4 and 5 and inserting:

“to which the office pertains began on a date at least 30 days [or more before] immediately preceding the date of the close of filing of”.

    Amend sec. 25, page 20, by deleting lines 5 and 6 and inserting:

“no person may be a candidate for a city office unless, for at least the 30 days [before] immediately preceding the date of the close of filing of”.

    Amend sec. 26, page 20, line 28, by deleting “22” and inserting “25”.

    Amend sec. 28, page 21, lines 15 and 16, by deleting:

The absent ballot must be printed in at least 14-point bold type.”.

    Amend the bill as a whole by renumbering sections 33 through 37 as sections 38 through 42 and adding new sections designated sections 36 and 37, following sec. 32, to read as follows:

    “Sec. 36.  NRS 293C.390 is hereby amended to read as follows:

    293C.390 1.  The voted ballots, rejected ballots, spoiled ballots, [unused ballots,] tally lists, pollbooks, challenge lists, voting receipts, records printed on paper of voted ballots collected pursuant to NRS 293B.400 and stubs of the ballots used, enclosed and sealed must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk and preserved for at least 22 months. All such sealed materials must be destroyed immediately after that period. A notice of the destruction must be published by the city clerk in at least one newspaper of general circulation in the city, or if no newspaper is of general circulation in that city, in a newspaper of general circulation in the nearest city, not less than 2 weeks before the destruction of the materials. Unused ballots, enclosed and sealed, must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed.

    2.  The pollbooks containing the signatures of those persons who voted in the election and the tally lists deposited with the governing body of the city are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the city clerk.

    3.  A contestant of an election may inspect all of the material relating to that election which is preserved pursuant to subsection 1, except the voted ballots.

    4.  The voted ballots deposited with the city clerk are not subject to the inspection of any person, except in a contested election, and only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of the judge, body or board.

    Sec. 37.  Chapter 306 of NRS is hereby amended by adding thereto a new section to read as follows:

    If a public officer who is subject to a recall petition resigns his office:

    1.  Before the call for a special election is issued:

    (a) The official with whom the petition to recall is filed shall cease any further proceedings regarding the petition;

    (b) A vacancy occurs in that office; and

    (c) The vacancy thereby created must be filled in the manner provided by law.

    2.  After the call for a special election is issued, the special election must be conducted.”.

    Amend the bill as a whole by deleting sec. 38 and renumbering sec. 39 as sec. 43.

    Amend the bill as a whole by deleting sec. 40.

    Amend the title of the bill by deleting the third through eighth lines and inserting:

“polling places; requiring a candidate to be an actual, as opposed to constructive, resident of his claimed residence; changing the period that unused ballots must be held by the county clerk; revising the requirements for recounting ballots by hand; specifying the time within which a public officer who is subject to a recall may resign without a special election being conducted; making various changes to election deadlines and procedures; and providing other matters properly relating thereto.”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 617.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 567.

    Amend section 1, page 1, line 10, by deleting “underemployed,” and inserting:

underemployed without good cause or to avoid payment of child support or spousal support,”.

    Amend section 1, page 1, by deleting line 15 and inserting:

obligation, unless the spending, indebtedness or other legal obligation was not within the control of the defendant.”.

    Amend section 1, page 2, by deleting lines 7 and 8 and inserting:

    “(a) The specific affirmative defense that the defendant is asserting; and”.

    Amend section 1, page 2, between lines 28 and 29, by inserting:

    “7.  A prosecuting attorney shall provide notice of the requirements of this section to a defendant when a complaint is served upon the defendant for a violation of NRS 201.020.”.

    Amend sec. 3, page 3, line 29, by deleting “more.” and inserting:

more and have accrued over any period since the date that a court first ordered the defendant to provide for such support.”.

    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. 666.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 565.

    Amend section 1, page 1, line 7, by deleting “or” and inserting “[or]”.

    Amend section 1, page 1, line 9, by deleting the italicized comma and inserting:

; or

    (d) Provide any other incentive,”.

    Amend section 1, page 1, line 11, by deleting “or increase.” and inserting:

, increase or incentive.”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 20.

    The following Senate amendment was read:

    Amendment No. 161.

    Amend the title of the bill, third line, after “office;” by inserting:

“clarifying that a justice of the supreme court, district court judge, justice of the peace or municipal court judge is not ineligible to be a candidate for judicial office if a decision to remove or retire him from judicial office is pending appeal before the supreme court or has been overturned by the supreme court;”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Clarifies certain provisions concerning eligibility for judicial office of persons who have previously been removed or retired from judicial office. (BDR 1-229)”.

    Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 20.

    Remarks by Assemblyman Anderson.

    Motion carried.

    Bill ordered enrolled.

    Assembly Bill No. 85.

    The following Senate amendment was read:

    Amendment No. 157.

    Amend section 1, page 2, line 5, by deleting:

shall be deemed” and inserting “is presumed”.

    Amend the bill as a whole by deleting sec. 2.

    Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 85.

    Remarks by Assemblyman Anderson.

    Motion carried.

    Bill ordered enrolled.

Signing of Bills and Resolutions

    There being no objections, the Speaker and Chief Clerk signed Senate Concurrent Resolution No. 30.

REMARKS FROM THE FLOOR

    Assemblyman Price requested that the following remarks be entered in the Journal.

    Assemblywoman Ohrenschall:

    I would like to inform this body of the passing April 3, 1999, of Fred Olson.  Fred was a lifelong member of the Merchant Marines—a veteran Merchant Marine sailor.  He was a resident of Las Vegas for 19 years.  He and his wife Lois were very instrumental in helping all senior citizen causes; all causes dealing with residents of manufactured housing and manufactured housing parks.  He was a member of the Paradise Democratic Club.  He was a selfless, selfless volunteer.  Our society in Las Vegas will be greatly lessened by his loss.  Can we observe a 30-second moment of silence, Mr. Speaker?

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Ariana Alaniz, Sam Atkinson, Heather Carson, Michael Coclich, Alexander Crounk, Devin Earl, David Eller, Leah Knight, Tyler Lawson, Brittany May, Tiffany McNees, Chelsea Milburn, Guillermo Munoz, Kevin Patterson, Marcos Rodriguez, Ehren Sisson, Jessica Wurster, Anthony Zamyslicky, Katelyn Ramsey, Joseph Bustamanate, Heidi Butler, Christen Chrysos, Brittany Corbridge, Amanda Crowder, Daniel DuCoing, Anthony Forest, Julisa Gonzalez, Chase Henderson, Jessica Jacinto, Keith Jones, Morgan Loomis, Eric Lopez, Kristen McKelvey, Ivette Munoz, Sayli Natu, Jazmin Nunez, Danny Pacheco, Nestor Peres, Jecsenia Ramirez, Shane Rumthun, Peter Reinschmidt, Mark Riesen, Ryan Sandoval, Cory Tyrrell, Anette Williams, James Kyle, Matthew Sorensen, Juan Oseguera, Ruben Dominquez, Cheryl Richetta, Heather Turner, Ryan Johnson and Judy Foster.

    On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Diane Kautsulis, Donalene Ravitch and Alyce Gottfredson.

    Assemblyman Perkins moved that the Assembly adjourn until Wednesday, April 14, 1999, at 11:00 a.m.

    Motion carried.

    Assembly adjourned at 2:21 p.m.

Approved:                  Joseph E. Dini, Jr.

                              Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly