THE ONE HUNDRED AND SIXTEENTH DAY

THE ONE HUNDRED AND SIXTEENTH DAY

Carson City (Thursday), May 27, 1999

Assembly called to order at 11:32 a.m.

Mr. Speaker presiding.

Roll called.

All present except Assemblywoman Evans, who was excused.

Prayer by the Chaplain, Reverend Elaine Ludlum Morgan.

Lord, You have promised that if Your people will humble themselves, seek Your face and pray, You will answer and heal our land. Give us courage to be accountable to You and Your commandments. Help us to place You and Your Word above personal desire, political party, and individual prestige. We repent of the pride, selfishness, and pre-justice that often contradicts Your justice and righteousness in our society. Amen.

Pledge of allegiance to the Flag.

Assemblyman Lee 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 Judiciary, to which was referred Assembly Bill No. 689, 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 Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 694, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Marcia de Braga, Chairman

Mr. Speaker:

Your Committee on Ways and Means, to which were referred Senate Bills Nos. 283, 308, 368, 545, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Ways and Means, to which was re-referred Senate Bill No. 80, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Also, your Committee on Ways and Means, to which were referred Assembly Bills Nos. 595, 685, 691, 693, 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 Ways and Means, to which were re-referred Assembly Bills Nos. 170, 287, 454; 519, 679, Senate Bill No. 363, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

Mr. Speaker:

Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 622, has had the same under consideration, and begs leave to report the same back with the

recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 26, 1999

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 23, 73.

Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 867 to Senate Bill No. 31; Assembly Amendment No. 1030 to Senate Bill No. 47; Assembly Amendment No. 1051 to Senate Bill No. 68; Assembly Amendment No. 892 to Senate Bill No. 152; Assembly Amendment No. 943 to Senate Bill No. 191; Assembly Amendment No. 977 to Senate Bill No. 203; Assembly Amendment No. 1039 to Senate Bill No. 210; Assembly Amendment No. 729 to Senate Bill No. 263; Assembly Amendment No. 1059 to Senate Bill No. 323; Assembly Amendment No. 976 to Senate Bill No. 372; Assembly Amendment No. 989 to Senate Bill No. 387; Assembly Amendments Nos. 898, 1118 to Senate Bill No. 436; Assembly Amendment No. 836 to Senate Bill No. 470; Assembly Amendment No. 837 to Senate Bill No. 473; Assembly Amendment No. 1132 to Senate Bill No. 508; Assembly Amendment No. 1087 to Senate Bill No. 521.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 1109 to Senate Bill No. 167; Assembly Amendment No. 1084 to Senate Bill No. 192.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 1091 to Senate Bill No. 302; Assembly Amendment Nos. 908, 946 to Senate Bill No. 451.

Also, I have the honor to inform your honorable body that the Senate on this day receded from its action on Assembly Bills Nos. 76, 272, 610.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 15, Senate Amendments Nos. 1096, 1122, and requests a conference, and appointed Senators Washington, Wiener and Amodei as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 166, Senate Amendments Nos. 422, 841, 856, and requests a conference, and appointed Senators McGinness, Porter and Titus as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 280, Senate Amendment No. 930, and requests a conference, and appointed Senators Amodei, Wiener and Mathews as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 313, Senate Amendment No. 1061, and requests a conference, and appointed Senators Washington, Schneider and Amodei as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 318, Senate Amendment No. 963, and requests a conference, and appointed Senators O'Connell, Neal and Porter as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 431, Senate Amendment No. 1119, and requests a conference, and appointed Senators Townsend, Rhoads and Shaffer as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 527, Senate Amendment No. 1103, and requests a conference, and appointed Senators Rawson, Neal and Mathews as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 669, Senate Amendment No. 896, and requests a conference, and appointed Senators O'Connell, Schneider and Rhoads as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Joint Resolution No. 1, Senate Amendment No. 1012, and requests a conference, and appointed Senators Jacobsen, Coffin and McGinness as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Jacobsen, Amodei and Wiener as a first Conference Committee concerning Senate Bill No. 381.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Neal, Townsend and Washington as a first Conference Committee concerning Senate Bill No. 477.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Assembly Bill No. 267 and appointed Senators James, Titus and Washington as a second Conference Committee to meet with a like committee of the Assembly for further consideration of Assembly Bill No. 267.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

By Assemblymen Segerblom, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Thomas, Tiffany, Von Tobel and Williams; Senators Porter, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:

Assembly Concurrent Resolution No. 74—Commending Nevada businessman and inventor Paul C. Fisher.

Whereas, Paul C. Fisher, the inventor of the pressurized Fisher Space Pen, was born on October 10, 1913, in Lebanon, Kansas; and

Whereas, After attending college for 3 years, Paul Fisher interrupted his education to work full time at the Cedar Rapids Bakery, where he served as General Manager from 1936 to 1938; and

Whereas, In 1938, Paul Fisher returned to Kansas State University in Manhattan, Kansas, and received his Bachelor of Science degree in 1939; and

Whereas, During World War II, Paul Fisher was General Manager and Assistant to the President of Aetna Ball Bearing Manufacturing Company, which manufactured bearings for propellers, jeeps, tanks, naval guns and other military equipment and which received the “E Award” from the War Production Board of the United States for efficient war production; and

Whereas, In October 1945, after Milton Reynolds of the Reynolds International Pen Company introduced the Reynolds BallPoint Pen, an amazing new invention that earned millions of dollars for his company in the next 3 months but proved defective, Paul Fisher was asked by Reynolds to help design a new ball pen and later became Reynolds’ main supplier of parts for that pen; and

Whereas, With encouragement from the top officers of Reynolds International Pen Company to invent “the writing instrument of the future,” Paul Fisher began his efforts to improve the ball pen, which is a project that he continues to this day; and

Whereas, To finance his continued research, Paul Fisher designed his famous Bullet Pens, founded the Fisher Pen Company as a division of Fisher Armour Manufacturing Company and began manufacturing Fisher Pens in October 1948; and

Whereas, As President and owner of Fisher Space Pen Company of Boulder City, Nevada, Paul Fisher has helped design and build many special tools and automatic machines and has several valuable patents, including patents covering inks, improved ballpoint pens, the erasable ball pens and the pressurized Space Pens that are used on all manned space flights; and

Whereas, Paul Fisher was recognized as Nevada Small Business Person of the Year in 1980 by the United States Small Business Administration, the Nevada Exporter of the Year in 1995 by Governor Bob Miller and the Nevada Inventor of the Year in 1997 by the Nevada Technology Council; and

Whereas, One of Paul Fisher’s inventions was named the Product of the Year in 1996 by Imagining Magazine,and the Fisher Space Pen Company was selected as one of Nevada’s top 100 private companies in 1998 by the Las Vegas 100; now, therefore, be it

Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature do hereby commend Paul C. Fisher for his enterprising and inventive spirit which has contributed in many ways to this country and, especially, to the State of Nevada; and be it further

Resolved, That the residents of this state recognize Paul Fisher as a model of what one person with a passion can accomplish; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Paul C. Fisher.

Assemblywoman Segerblom moved the adoption of the resolution.

Remarks by Assemblymen Segerblom, Chowning and Price.

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

Assemblywoman Segerblom:

Thank you, Mr. Speaker. I know you heard of his wonderful accomplishments, but he’s had some new ones recently. His major interest is learning how to apply the ”Scientific Technique” to economic problems. His proposal, called “How can scientific technology help us give economic security to the people in the Third World Countries?” was recently received favorably by the Economic Group of the United Nations in New York. He also has been invited to a United Nations meeting in Austria, in August.

Paul has done much for Boulder City. We owe him a great debt. He has helped with all kinds of fund-raisers. If you need help, like for the Boulder Dam Museum, you will get it from Paul Fisher. He is taking part in the Boys and Girls Club, helping them learn about space. We hope to have a little space museum in Boulder City, which he is helping with. He is recognized in Boulder City as the largest employer of people. He employs 80 Boulder City residents. In the little town of Boulder City, which you all laugh about because it’s so small, he is a big person.

He has been awarded Ph.D.’s in Humanities, Political Science, Economics, and Financial Planning. In 1999 he was appointed to the Economic Academic Board of Oxford International University. He built his first Space Pen in 1948 and it has been used on all manned space flights since Apollo VII. Thank you, Mr. Speaker.

Assemblywoman Chowning:

Thank you, Mr. Speaker. I stand in support of ACR 74. My colleague from District 22 sort of beat me to it, but can you imagine the pride that we in Nevada have? That one of our inventors from Nevada had a product that went all the way to the moon and back? Not only on the spaceships once, but several times. I really want to tell him how proud we are of him. For all of our students in Nevada, who want to study science, they can look to you as a role model. Thank you.

Assemblyman Price:

Thank you, Mr. Speaker. It’s with great pride and honor that I rise today in support of ACR 74, on behalf of Paul, who is not only one of the most inventive and wonderful minds, but a fine, fine person; one that I’ve had the pleasure of working with over the years on different projects. As I was reading the resolution, it answered a question I had wondered about for many years. For a long time, I had in the back of my mind why it seemed like Paul and I had met before. I’ve never really said anything to him, but I’ve thought about that, and now, as I read the resolution, I see in 1938 that he was at the Cedar Rapids Bakery and that’s where I remember him. We were living just out of town. I was 2 years old and we used to come over to the bakery. In all seriousness, thank you so much for your years of service to our state and community.

Resolution adopted unanimously.

Assemblywoman Segerblom moved that all rules be suspended and that Assembly Concurrent Resolution No. 74 be immediately transmitted to the Senate.

Motion carried unanimously.

Assemblywoman Giunchigliani moved that Assembly Concurrent Resolution No. 67 be taken from the Resolution File and place on the Chief Clerk's desk.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

By Assemblymen Williams, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany and Von Tobel; Senators Neal, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:

Assembly Concurrent Resolution No. 75—Commending William H. “Bob” Bailey and Anna Bailey for their years of public activism and service and contributions toward social and economic change in this state.

Whereas, William H. “Bob” Bailey was born in Detroit, Michigan, on February 14, 1927, into a family with a strong musical tradition, and he grew up in Cleveland, Ohio, where he learned to sing in church choirs; and

Whereas, When young William Bailey embarked on his own vocal career as part of a quartet called the Four Notes, he adopted the nickname “Bob” to avoid confusion with his cousin, Bill Bailey, who was also a professional entertainer; and

Whereas, Bob Bailey pursued his ambition to be an international lawyer by attending and graduating from the highly-respected Morehouse College in Atlanta, Georgia; and

Whereas, Despite his scholastic achievements, Bob Bailey’s love of music took center stage when he was hired by Count Basie to become one of the two featured singers with the Count Basie Orchestra, affording him the opportunity to have three hit records; and

Whereas, It was during this time with Count Basie that he met and married the lovely and talented Anna Louis Porter who became his partner and loyal supporter in all his future endeavors; and

Whereas, Anna Porter was born in Savannah, Georgia, grew up in New York City and, inspired by her mother’s creative survival skills and utilizing her own sparkling personality, became a performer at the legendary Apollo Theatre and eventually moved on to Broadway where she performed with legends such as Louis Armstrong, Pearl Bailey, Duke Ellington and Count Basie; and

Whereas, Anna Porter’s talent, captivating beauty and gracious personality earned her nationwide fame and led her to London, England, to perform at the London Palladium for 6 months, and from there to Las Vegas as a member of the chorus line at the Moulin Rouge, a casino that featured a show with all African-American entertainers; and

Whereas, The breakup of Count Basie’s big band in 1950 gave Bob Bailey the opening to move on to the new medium of television, and in preparation, he attended the School of Radio and Television in New York City; and

Whereas, Bob Bailey’s break into television did not occur until after he worked in Las Vegas as a co-producer and master of ceremonies at the Moulin Rouge, the only casino at that time which was open to everyone in what was a very segregated city; and

Whereas, The television show sponsored by the Moulin Rouge with Bob Bailey as its host was canceled when the Moulin Rouge closed after only 6 months, but Hank Greenspun, who owned KLAS-Channel 8, continued the program that was the first to be produced, acted in and directed by African-American talent and the first to be sponsored by businesses owned by African Americans; and

Whereas, While he was pioneering the way for African Americans in the television industry as a current events talk show host with KLAS and a newscaster and variety show host with KTNV-Channel 13, Bob Bailey also wrote editorials for the Las Vegas Voice, the local African-American newspaper, and authored a column for the Las Vegas Sun; and

Whereas, Bob Bailey’s high profile after only 2 years in Las Vegas led to his appointment as the local chairman of the Urban Renewal Advisory Commission in 1956, which was followed by numerous other appointments, including an appointment by Governor Grant Sawyer in 1961 to the commission established by the Legislature to study the extent of discrimination against minorities in Nevada; and

Whereas, Bob Bailey’s work investigating job opportunities for the Commission made him a natural choice to direct a federally encouraged Manpower Services program that trained minorities in jobs traditionally reserved for whites and, as a result of Bob’s determination and persistent recruitment of assistance from casino executives and managers, opened up more than 1,000 jobs to minorities in less than 2 years; and

Whereas, To augment the meager income from his television career, Bob Bailey became a real estate broker and developer, and in 1964 he and his wife, Anna, opened a club in West Las Vegas named the Sugar Hill, which became an after-hours hangout for the next 25 years for such big name entertainers as Sammy Davis, Jr., Johnny Carson and Duke Ellington, and, during that period, employed over 500 African Americans; and

Whereas, In the mid-1960s, Bob and Anna Bailey also bought the riot-damaged West Owens Shopping Center and converted much of it into the Pan-Afro Auditorium, a move that continued to build the economic growth and employment of the African-American community in Las Vegas; and

Whereas, Bob Bailey later established the Nevada Economic Development Company, which helped minority businesses obtain $300 million in loans and lines of credit over 19 years; and

Whereas, Bob Bailey’s success in this venture led to a job in Washington, D.C., as an associate director and, later, deputy director of the Minority Business Development Agency, which included the responsibility of overseeing a $66 million national budget and helping to report to the United States Congress on its work; and

Whereas, Anna Bailey encouraged her husband to accept the appointment at the United States Department of Commerce and for the 4 years during his absence managed the family business, including the development and operation of the Baby Grand Night Club, which they had acquired just prior to Bob’s appointment, and continued her role as the mother of their two children, Kimberly and John; and

Whereas, Being homesick for Nevada, Bob Bailey declined the offer to stay in Washington after President George Bush left office and is currently concentrating on his New Ventures Inc., which has been awarded a contract to certify local businesses as qualified to participate in a new Small Business Administration program; and

Whereas, Anna Bailey’s boundless energy has made her a vital part of various community organizations and kept her beside her husband through all their commitments and successes for the past 48 years; and

Whereas, Together Bob and Anna Bailey raised two college graduates, now successful in their own right, John Robert Bailey, an attorney with Lionel, Sawyer & Collins, and Kimberly Ann Bailey-Tureaud, a minority business developer; now, therefore, be it

Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature do hereby commend and express their heartfelt gratitude to William H. “Bob” Bailey and Anna Bailey for all their efforts to help make Nevada a place where persons of all races and diverse backgrounds can live together and prosper together; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Bob and Anna Bailey.

Assemblyman Williams moved the adoption of the resolution.

Remarks by Assemblymen Williams, Collins, Hettrick, Chowning, Nolan, Ohrenschall, Marvel, Beers, Price, and Tiffany.

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

Assemblyman Williams:

Thank you, Mr. Speaker. I rise today in support of this resolution even though I really feel in my heart that I’m not really capable to do so or have the right to do so. The Baileys, Bob Bailey and Anna Bailey and their family, encompass what historic Nevada is all about. I think their families and their lives truly indicate the best of Nevada. Their lives also serve as a blueprint to us and to the children and generations to come. Their lives are a blueprint of what good things can happen in Nevada, and what the best things in Nevada are and what Nevada represents as a true, great state.

The Bailey’s have been the ones who have led the way, not only in the areas of social change, but in economic change and personal change as well, affecting many people’s lives throughout our state. Having been in Las Vegas for approximately 22 years, it’s very easy for me and others who have known them over that period of time—even beyond the time I have known them—to see that they’re the type of people that we, as Nevadans, should emulate and copy. We should try to live our lives by the same type of patterns and same type of drive and dignity they encompass and show in everything we do.

I think everybody should take some time, if its not today or after we adjourn or sine die here, to look at the trail both of them has led across this country and throughout the world. It was mentioned that Mrs. Bailey served as one of the very first dancers at the Moulin Rouge Casino, which opened in 1955. It was, by the way, the first integrated casino in the world. As gaming proliferates throughout the nation and throughout the world, there is one thing that Nevada can always point to: the fact that we opened and still have the first integrated casino in the world, plus the fact that we still have a living legend in Nevada, which is something we can all be proud of.

Speaking of Bob Bailey, his work as an artist, entertainer, activist, visionary—and even his work on Capitol Hill and the White House—serves to show how the many great things and aspects of his character, commitment, and life we can all implement.

We struggle and debate issues that affect folks lives every day in this body, and change laws and do things for people every day, making their lives better. One thing we do when we recognize people like the Bailey’s is show that we have people in our state that we not only pass laws for, but can look to and say, “Here’s what’s great about Nevada, here’s why Nevada will be great in the future.” Sometimes, even when we look at the things that are not so right in Nevada, these people work to make those things better and now they are better. I think we can all stand proud and hold our heads high when we look at the Bailey family, a family we can emulate in our own lives. So, Mr. Speaker, I would urge my colleagues to all adopt this resolution.

It’s mentioned in the resolution that Mrs. Bailey was known throughout the world as the “Georgia Peach.” She is still beautiful today. Every time I look at her, I always say she has the looks of a woman who is 19, the drive of a woman who is 29, the determination of a woman who is 39, the grace of a woman who is 49, obviously the wisdom of a woman who is 59, the class of a woman who is 69 and, finally, the wealth of a woman who is 79.

If we only had as much vision as Bob Bailey. If we only had as much determination as Mr. Bailey. If I was only as articulate as Mr. Bailey and had as much courage as he’s shown this nation and if I only could dress as nice and sharp as Mr. Bailey. If we all care about people, and others, as much as Mr. Bailey, Nevada will continue to be the great state that it is. I would urge my colleagues to accept this resolution and adopt it.

Assemblyman Collins:

Thank you, Mr. Speaker. I, too, rise in support of ACR 75. Of course, my chairman of Education—he sure knows how to pack a speech. He puts words in there that really go well. I commend him for that. I rise, because, I grew up in southern Nevada and lived not too far away from the many things that the Baileys have done to achieve progress in West Las Vegas and in southern Nevada. First, I remember him, when I was a lot younger, having a television show on in the afternoons when I got home from school. He did a lot of things that diversified our community and brought progress to our community. Living near Rancho and Owens, I knew when he stepped in with some folks and revitalized an area that was not in good condition. He’s done a lot of things for our community and I just want to join in support of this resolution and recognize the Bailey family for all that they’ve done for southern Nevada, and for the thousands of people who have come to Nevada. So, I hope you all will support this resolution.

Assemblyman Hettrick:

Thank you, Mr. Speaker. I, too, rise in support of ACR 75. I do have to agree with my colleague. I don’t think we can top the speech given by the chairman of Education. He did a great job. I have to say that it was interesting to me. I had the privilege of attending the Republican National Convention in 1996 with Bob Bailey and Anna. Quite frankly, I did not know any of this about Bob Bailey. I hate to admit it. I’m from the north. Obviously, Mr. Bailey and Anna are from the south. I didn’t know any of this past history. The reason, when I saw this on the desk and read it, I decided to rise, was I wanted to say, despite all his accomplishments, or in addition to, what impresses me more than anything, is they are both just really nice people. What a pleasure to be around and to deal with and to just have the chance to associate with—first-class people. These kinds of accomplishments just make me even more proud of them and understand fully why they are such great folks. We are proud to honor you. You obviously both deserve it. It’s my pleasure to rise in support of this resolution, Mr. Speaker.

Assemblywoman Chowning:

Thank you, Mr. Speaker. I, too, rise in support, proud support, of ACR 75. When I was a young girl growing up, I lived in Victory Village—Carver Park was the other housing development. They were segregated. When I was growing up, I really didn’t even understand what all that meant. I did when I was older and it’s a sad part of our state’s history. I am so proud that we live in a diverse, integrated society now. And it’s because of people like this, who serve as role models, that so many people have housing that they can be proud to live in. My father worked at the Moulin Rouge in the 1950’s for six months. So, I am proud of that, too. I grew up watching him on television, too. Thank you for all you’ve done for us.

Assemblyman Nolan:

Thank you, Mr. Speaker. I, too, rise in support of ACR 75. My father was in the real estate industry in southern Nevada and in northern Nevada here for a number of years and has worked with Mr. Bailey and always has good things to say about him. As I got a little bit older, and began working in the Chamber of Commerce, some of the first committees I worked on, I served with Mr. Bailey. It’s so nice to know that someone who has been so successful in their own personal life and is so preoccupied in their professional business, can still take time to become involved in community affairs, and in making their community and our community in southern Nevada such a great place to live. And so, for that, we thank both of you.

Assemblywoman Ohrenschall:

Thank you, Mr. Speaker. I, too, rise in support of this resolution. I am very proud to have worked with Bob Bailey on many community activities through the years. But, I think, what sums it up is that Bob and Anna Bailey are the epitome of community activists who have touched thousands of people’s lives and left them the richer and better for it. Thank you.

Assemblyman Marvel:

Thank you, Mr. Speaker. I, too, support ACR 75. I think those of us who have been around the legislature for a while have gotten to know Bob fairly well from the work he has done for economic development. He has never lost his interest in what could be done for rural Nevada. I think we also owe him a real deep thanks for helping us break down the racial barriers we have in the State of Nevada because he has done a tremendous job, he and Anna, and their son John, who is also a graduate of McGeorge Law School, where my son is a graduate. More than that, I go back to the old Count Basie days, the “Satchmo” Armstrong’s—I probably saw you at the Moulin Rouge, maybe you and Anna both. At that time, I didn’t know who you were. May I say this again: thank you, Bailey Family, for what you’ve contributed to the State of Nevada. It’s been a real honor knowing you. Just recently we were able to work together on the Governor’s transition team and Bob certainly has been an asset to the transition for Governor Guinn. Thanks a lot, Bob and Anna.

Assemblyman Beers:

Thank you, Mr. Speaker. I rise in support ACR 75. I think, perhaps, one of the most lasting measures of a man and a woman are their children. I got to know Mr. and Mrs. Bailey through their children before I got to know Mr. and Mrs. Bailey. I worked on a civic organization with John and found him to be very hard working, talented and capable. I went through Leadership Las Vegas with Kim, and she’s just a Tasmanian devil of advocacy, in the best sense. John and Kim are two lasting testaments to your lives together and they’re very welcome additions to the state. Thank you.

Assemblyman Price:

Thank you, Mr. Speaker. It’s also with pride that I rise to support this resolution to two wonderful people. Like most southern Nevadans over the years, we’ve had an opportunity to work together and to be associated in many areas. I got to thinking about it as we were reading the resolution and I am not sure that Bob knows this, but when I was an apprentice electrician and just getting started back in 1955, the Moulin Rouge was, in fact, the second apprenticeship job I ever had. I worked over there helping with Vegas Valley, who was the contractor. They had a different name then. I worked on the Moulin Rouge when it was getting started there. Then, of course, I was back for shows and everything else at a later time. When you think about how Las Vegas was before it got started and the great progress that has been made today, it is in large part thanks to the work of Bob and Anna. Nevada, southern Nevada, and all of your friends and constituents throughout the state greatly love and appreciate it.

Assemblywoman Tiffany:

Thank you, Mr. Speaker. I rise in support of this resolution. I was not going to say anything because there has been so many wonderful things said about Mr. Bailey. There is one particular event that I was involved in with Mr. Bailey. He has brought his national contacts to Las Vegas and a very special, select group of people that I think is worth mentioning. He put together an event called “Vocal Extravaganza in Black.” He brought all of the Black college choirs to Las Vegas to compete. Las Vegas Events kicked in to this, and the Commission Authority was behind it. At the time he could retire, with everything he has done, I just want you to know how actively he is involved in our community and with the Black community. These kids are role models for our Black kids in Las Vegas and I think that is a very special contribution that’s worth mentioning. I stand in support. Anna, it is nice to see you. Thank you, Mr. Speaker.

Resolution adopted unanimously.

Assemblyman Williams moved that all rules be suspended and that Assembly Concurrent Resolution No. 75 be immediately transmitted to the Senate.

Motion carried unanimously.

UNFINISHED BUSINESS

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Buckley, Parks and Humke as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 109.

Mr. Speaker appointed Assemblymen Buckley, Leslie and Berman as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 280.

Mr. Speaker appointed Assemblymen Giunchigliani, Hettrick and Perkins as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 289.

Mr. Speaker appointed Assemblymen Bache, Segerblom and Lee as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 318.

Mr. Speaker appointed Assemblymen Buckley, Giunchigliani and Nolan as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 431.

Mr. Speaker appointed Assemblymen Manendo, Neighbors and Gibbons as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 527.

Mr. Speaker appointed Assemblymen Goldwater, Anderson and Brower as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 669.

Mr. Speaker appointed Assemblymen Bache, Gibbons and Neighbors as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Joint Resolution No. 1.

MOTIONS, RESOLUTIONS AND NOTICES

By Assemblymen Giunchigliani, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams; Senators Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:

Assembly Concurrent Resolution No. 76—Commending Claude “Blackie” Evans for his public service to people in this state.

Whereas, Claude “Blackie” Evans was born in Joplin, Missouri, on November 11, 1935, to Homer and Gertrude Evans, and was the oldest of three children; and

Whereas, On September 7, 1953, Blackie Evans married his childhood sweetheart, Carolyn, and later that same year the Evans family moved to Nevada where Blackie began a long and distinguished career in the labor movement, beginning as a laborer and then as a lathe operator at the Titanium Metal Corporation in Henderson, Nevada; and

Whereas, After working as a shop steward with the United Steel Workers of America Local #4856, Blackie Evans was recognized for his dedication to the labor movement by being elected President of the Steelworkers Union Local #4856 in 1963, the youngest ever to be elected to such a responsible position; and

Whereas,Blackie Evans’ interest in labor relations grew as he became certified in several related fields including Arbitration Preparation by the United Steelworkers of America in 1971, College of Worker’s Compensation in 1974, Management for Government Administrators at the Professional Institute of the American Management Association in 1975, Mine Safety by the United States Department of Labor in 1975, Media Relations at the George Meany Center for Labor Studies in 1976 and since 1983 he has been involved in the Degree Program at the George Meany Center for Labor Studies; and

Whereas,In 1971, Blackie Evans was appointed by Governor Mike O’Callaghan as Labor Commissioner of the Nevada Industrial Commission, and during the next 7 years in this position, Blackie administered an operating budget in excess of $20 million per year with an investment portfolio exceeding $400 million; and

Whereas,In 1978, Blackie Evans became the Chief Executive Officer of the State of Nevada AFL-CIO, the state labor organization that consists of approximately 150 local unions with 120,000 members; and

Whereas,While in that office, Blackie Evans maintained and balanced an annual operating budget in excess of $500,000, served as liaison to the National AFL-CIO, National Labor Relations Board, local unions and political candidates and officials, administered statewide political action and education campaigns to endorse and elect political candidates, proposed legislation and served as a lobbyist in the Nevada Legislature supporting legislation which would benefit union members; and

Whereas,Blackie Evans has served this state in many ways, including his membership on the State Mine Safety Advisory Board in 1969, the State Job Training Board from 1979 to 1982, the Vocation Education Board from 1980 to 1983, the State Industrial Insurance System Board of Directors from 1979 to 1993, the Federal Solar Energy Education Board in 1994 and the General Executive Board of the National AFL-CIO from 1996 to 1998; and

Whereas,Claude “Blackie” Evans is recognized as an expert in matters of labor and management relations, contract negotiations and as a legislative lobbyist, having spent his entire lifetime combining practical experience, specialized training and formal education in all related fields of labor relations; now, therefore, be it

Resolved by the assembly of the State of Nevada, the Senate Concurring, That Claude “Blackie” Evans is hereby congratulated for his public service to Nevada and for his loyalty and dedication to the needs of members of unions within the State of Nevada; and be it further

Resolved, That Blackie Evans has been a leader among leaders and has contributed a lifetime of energy, skill and knowledge to the legislative process as he worked diligently to provide the Nevada Legislature with an understanding of the many concerns of hardworking men and women in Nevada; and be it further

Resolved, That this Legislature appreciates the exceptional knowledge of all areas of labor relations and management that Blackie Evans has contributed to the political exchange of ideas from which state public policy is formed; and be it further

Resolved, That, on the occasion of Blackie Evans’ retirement as Chief Executive Officer of the State of Nevada AFL-CIO in July of this year, the Nevada Legislature wishes Blackie many hours of relaxation and fun with his wife, his four children, Steve, Cherie, Seanna and Lisa, and his four grandchildren, Brittany, Cierra, Alex and Geena; and be it further

Resolved, That a copy of this resolution be transmitted to Claude “Blackie” Evans.

Assemblywoman Giunchigliani moved the adoption of the resolution.

Remarks by Assemblymen Giunchigliani and Claborn.

Resolution adopted unanimously.

Assemblywoman Giunchigliani moved that all rules be suspended and that Assembly Concurrent Resolution No. 76 be immediately transmitted to the Senate.

Motion carried unanimously.

By the Committee on Elections, Procedures, and Ethics:

Assembly Concurrent Resolution No. 77—Commending the Chief and staff of the State Printing Division of the Department of Administration for services rendered to the Nevada Legislature.

Whereas, This legislative session is the first session limited to 120 days; and

Whereas, Chief Donald L. Bailey, Sr., and the staff of the State Printing Division of the Department of Administration have worked long and hard to meet the needs of the 70th session of the Nevada Legislature; and

Whereas, The work produced by the State Printing Division continues to meet the high standards of previous years because of the care that Chief Don Bailey and his excellent staff devote to every assignment given to them; and

Whereas, The departments of the printing office including composition, offset, bindery and office staff have set and achieved these high standards under the direction of Chief Bailey; and

Whereas, Chief Don Bailey has upgraded the equipment in the printing office to ensure the printing of all bills, resolutions, histories and journals in a timely and efficient manner; and

Whereas, Without such outstanding service and continued cooperation from the Chief and his staff, the Legislature could not function or fulfill its obligations to the people of the State of Nevada; now, therefore, be it

Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature hereby express their appreciation and commend Chief Donald L. Bailey, Sr., and the members of his staff at the State Printing Division of the Department of Administration for their dedication, cooperation and exceptional work; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. Donald L. Bailey, Sr., Chief of the State Printing Division of the Department of Administration.

Assemblywoman Giunchigliani moved the adoption of the resolution.

Remarks by Assemblymen Giunchigliani, Humke, Price and Anderson.

Resolution adopted unanimously.

Assemblyman Perkins moved that all rules be suspended and that Assembly Concurrent Resolution No. 77 be immediately transmitted to the Senate.

Motion carried unanimously.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Ways and Means, to which was referred Senate Bill No. 511, 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 Ways and Means, to which was re-referred Assembly Bill No. 521, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

Mr. Speaker:

Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 368, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Assembly Bills Nos. 519, 521, 595, 622, 679, 685, 689, 691, 693, 694, and Senate Bills Nos. 363, 511 be placed on the Second Reading File.

Motion carried.

Assemblyman Perkins moved the Assembly Bills Nos. 170, 287, 368 and 454 be placed on the General File.

Motion carried.

Assemblyman Perkins moved that Senate Bill No. 80 be placed on the General File.

Motion carried.

Assemblyman Perkins moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Senate Bills Nos. 283, 308, 368 and 545 considered engrossed, declared emergency measures under the Constitution and placed on third reading and final passage.

Motion carried unanimously.

Assemblyman Perkins moved that the reading of the history on Senate Bills on Second Reading and General File be dispensed with for this legislative day.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 519.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1184.

Amend section 1, page 1, line 3, by deleting “chiefs” and inserting “administrators”.

Amend section 1, page 1, line 4, by deleting “subsection 2,” and inserting:

“subsections 2 and 3,”.

Amend section 1, page 1, line 8, by deleting:

“state. One deputy” and inserting:

“state[.], one of whom”.

Amend section 1, page 1, after line 12, by inserting:

“3. The administrator of the division of health care financing and policy of the department may appoint two deputies in the unclassified service of the state.”.

Amend the bill as a whole by deleting sections 2 through 56 and the leadlines of repealed sections.

Amend the title of the bill to read as follows:

“AN ACT relating to the division of child and family services of the department of human resources; requiring the administrator of the division to appoint certain deputies, including a deputy administrator for youth corrections; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires administrator of division of child and family services of department of human resources to appoint certain deputies. (BDR 18‑908)”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 521.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1190.

Amend sec. 4, page 1, line 9, by deleting “the committee” and inserting “a committee”.

Amend the bill as a whole by adding a new section designated sec. 6.5, following sec. 6, to read as follows:

“Sec. 6.5. The principal of each public school shall establish a plan to provide for progressive discipline of pupils and for on-site review of disciplinary decisions. The plan must:

1. Be developed with the input and participation of teachers and support staff of the school and parents of pupils who are enrolled in the school.

2. Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463 and the provisions of sections 2 to 12, inclusive, of this act.

3. Include, without limitation, provisions designed to address the specific disciplinary needs and concerns of the school.”.

Amend sec. 7, page 2, line 18, by deleting “a teacher;” and inserting:

“appropriate personnel of the school district;”.

Amend sec. 8, page 2, line 23, by deleting “a” and inserting:

“at least one”.

Amend sec. 8, page 2, line 24, by deleting “The committee” and inserting:

“A committee established pursuant to this section”.

Amend sec. 8, page 2, line 29, by deleting “The committee” and inserting:

“A committee established pursuant to this section”.

Amend sec. 8, page 2, line 31, after “in” by inserting “temporary”.

Amend sec. 8, page 2, line 33, by deleting “the committee,” and inserting:

“a committee established pursuant to this section,”.

Amend sec. 9, page 2, by deleting lines 36 through 38 and inserting:

“Sec. 9. 1. A teacher may remove from his classroom a pupil who, in the judgment of the teacher, engages in behavior that seriously interferes with the ability”.

Amend sec. 9, page 2, by deleting lines 41 and 42 and inserting:

“from the classroom, the teacher shall notify the principal of the school on a form provided by the school district.”.

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

“pursuant to subsection 1, the principal of the school shall notify the parent or legal guardian of the pupil within 24 hours and assign the pupil to either of the following temporary alternative placements:

(a) Another appropriate classroom; or

(b) A period of suspension in school.”.

Amend sec. 9, page 3, line 13, by deleting “an” and inserting “a temporary”.

Amend sec. 9, page 3, line 16, by deleting “an” and inserting “a temporary”.

Amend sec. 10, pages 3 and 4, by deleting lines 37 through 39 on page 3 and lines 1 and 2 on page 4, and inserting:

“accommodate such a request. If the date of the conference is postponed pursuant to this subsection, the principal shall send written notice to the parent or legal guardian confirming that the conference has been postponed at the request of the parent or legal guardian.

3. If the parent or legal guardian refuses to attend a conference, the principal shall send written notice to the parent or legal guardian confirming that the parent or legal guardian has waived the”.

Amend sec. 10, page 4, line 4, by deleting “determine” and inserting “recommend”.

Amend sec. 10, page 4, line 27, by deleting “determine” and inserting “recommend”.

Amend sec. 10, page 4, line 28, before “alternative” by inserting “temporary”.

Amend sec. 11, page 4, by deleting line 31 and inserting:

“act, the principal recommends that a pupil be returned to the”.

Amend sec. 11, page 4, by deleting line 33 and inserting:

“pupil does not agree with the recommendation, the principal shall”.

Amend sec. 11, page 4, line 34, before “alternative” by inserting “temporary”.

Amend sec. 11, page 4, line 35, after “committee.” by inserting:

“The principal shall inform the parent or legal guardian of the pupil that the committee will be conducting a meeting.”.

Amend sec. 11, page 4, by deleting lines 36 through 38 and inserting:

“circumstances of the pupil’s removal from the classroom and the pupil’s behavior that caused him to be removed from the classroom. Based upon its review, the committee”.

Amend sec. 11, page 5, line 10, by deleting “classroom,” and inserting “classroom and”.

Amend sec. 11, page 5, by deleting line 11 and inserting:

“classroom. Based upon its”.

Amend sec. 11, page 5, line 27, by deleting “classroom,” and inserting “classroom and”.

Amend sec. 11, page 5, by deleting line 28 and inserting:

“classroom. Based upon its”.

Amend sec. 11, page 5, line 35, by deleting:

“subsections 4 and 5” and inserting “subsection 4”.

Amend sec. 12, page 5, line 37, by deleting “an” and inserting “a pilot”.

Amend sec. 12, page 6, line 15, by deleting “intensive”.

Amend sec. 12, page 6, line 29, by deleting “shall,” and inserting “shall”.

Amend sec. 12, page 6, by deleting line 30 and inserting:

“confirm the placement of the”.

Amend sec. 12, page 6, by deleting lines 33 through 37.

Amend sec. 12, page 6, line 38, by deleting “6.” and inserting “5.”.

Amend sec. 12, page 6, by deleting line 43 and inserting:

“pupil has access to all course work and requirements necessary for the pupil to graduate from high school; and”.

Amend sec. 12, page 7, between lines 3 and 4, by inserting:

“6. On or before each regular session of the legislature, the department shall conduct an evaluation of alternative programs of education that are established pursuant to this section and submit a report concerning the evaluation to the director of the legislative counsel bureau for distribution to the legislature.”.

Amend sec. 13, page 7, line 18, after “report” by inserting:

“within 1 school day”.

Amend sec. 13, page 7, by deleting lines 20 through 22 and inserting:

“of the report to the parent or legal guardian of the pupil.”.

Amend sec. 14, page 7, by deleting lines 24 through 35 and inserting:

“392.4655 1. Except as otherwise provided in this section, a principal of a school shall deem a pupil enrolled in the school a habitual disciplinary problem if the school has written evidence which documents that in 1 school year:

(a) The pupil has threatened or extorted, or attempted to threaten or extort, another pupil or a teacher or other personnel employed by the school;

(b) The pupil has been suspended for initiating at least two fights on school property, at an activity sponsored by a public school, on a school bus or, if the fight occurs within 1 hour of the beginning or end of a school day, on his way to or from school; [or]

(d) The pupil has a record of [five] three suspensions from the school for any reason.

2. At least one teacher of a pupil who is enrolled in elementary school and at least two teachers of a pupil who is enrolled in junior high, middle school or high school may request that the principal of the school deem a pupil a habitual disciplinary problem. Upon such a request, the principal of the school shall meet with each teacher who made the request to review the pupil’s record of discipline. If, after the review, the principal of the school determines that the provisions of subsection 1 do not apply to the pupil, a teacher who submitted a request pursuant to this subsection may appeal that determination to the board of trustees of the school district. Upon receipt of such a request, the board of trustees shall review the initial request and determination pursuant to the procedure established by the board of trustees for such matters.

3. If a pupil is suspended for initiating a fight described in paragraph (b) of subsection 1 and the fight is the first such fight that the pupil has initiated during that school year, or if a pupil receives one suspension on his record, the school in which the pupil is enrolled shall provide written notice to the parent or legal guardian of the pupil that contains:

(a) A description of the acts committed by the pupil and the dates on which those acts were committed;

(b) An explanation that if the pupil is suspended for initiating one additional fight or if the pupil receives five suspensions on his record during the current school year, he will be deemed a habitual disciplinary problem;

(c) An explanation that, pursuant to subsection 3 of NRS 392.466, a pupil who is deemed a habitual disciplinary problem must be suspended or expelled from school for a period equal to at least one school semester;

(d) If the pupil has a disability and is participating in a program of special education pursuant to NRS 388.520, an explanation of the effect of subsection 6 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior is not a manifestation of his disability, he may be suspended or expelled from school in the same manner as a pupil without a disability; and

(e) If applicable, a summary of the provisions of subsection 4.

A school shall provide the notice required by this subsection for each suspension on the record of a pupil during a school year. A school may include the notice required by this subsection with notice that is otherwise provided to the parent or legal guardian of a pupil which informs the parent or legal guardian of the act committed by the pupil.

4. If a pupil is suspended for initiating a fight described in paragraph (b) of subsection 1 and the fight is the first such fight that the pupil has initiated during that school year, or if a pupil receives four suspensions on his record within 1 school year, the school in which the pupil is enrolled may develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation, a voluntary agreement by:

(a) The parent or legal guardian to attend school with his child.

(b) The pupil and his parent or legal guardian to attend counseling, programs or services available in the school district or community.

(c) The pupil and his parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.

If the pupil commits the same act for which notice was provided pursuant to subsection 3 after he enters into a plan of behavior, the pupil shall be deemed a habitual disciplinary problem.

5. If a pupil commits an act the commission of which qualifies him to be deemed a habitual disciplinary problem pursuant to subsection 1, the school shall provide written notice to the parent or legal guardian of the pupil that contains:

(a) A description of the qualifying act and any previous such acts committed by the pupil and the dates on which those acts were committed;

(b) An explanation that pursuant to subsection 3 of NRS 392.466, a pupil who is a habitual disciplinary problem must be suspended or expelled from school for a period equal to at least one school semester;

(c) If the pupil has a disability and is participating in a program of special education pursuant to NRS 388.520, an explanation of the effect of subsection 6 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior is not a manifestation of his disability, he may be suspended or expelled from school in the same manner as a pupil without a disability; and

(d) If applicable, a summary of the provisions of subsection 6.

The school shall provide the notice at least 7 days before the school deems the pupil a habitual disciplinary problem. A school may include the notice required by this subsection with notice that is otherwise provided to the parent or legal guardian of a pupil which informs the parent or legal guardian of the act committed by the pupil.

6. Before a school deems a pupil a habitual disciplinary problem and suspends or expels the pupil, the school may develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation, a voluntary agreement by:

(a) The parent or legal guardian to attend school with his child.

(b) The pupil and his parent or legal guardian to attend counseling, programs or services available in the school district or community.

(c) The pupil and his parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.

If the pupil violates the conditions of the plan or commits the same act for which notice was provided pursuant to subsection 5 after he enters into a plan of behavior, the pupil shall be deemed a habitual disciplinary problem.

7. A pupil may, pursuant to the provisions of this section, enter into one contract of behavior per school year.

8. The parent or legal guardian of a pupil who has entered into a plan of behavior with a school pursuant to this section may appeal to the board of trustees of the school district a determination made by the school concerning the contents of the plan of behavior or action taken by the school pursuant to the plan of behavior. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.”.

Amend sec. 15, pages 7 and 8, by deleting lines 40 through 43 on page 7 and lines 1 through 19 on page 8, and inserting:

“2. The department shall apportion and allocate the money appropriated pursuant to subsection 1 to each school district in proportion to the total number of pupils enrolled in public schools within the school district.

3. The board of trustees of each school district shall use the money allocated to the school district pursuant to subsection 2 to carry out the provisions of sections 2 to 12, inclusive, of this act. The money allocated to the school district pursuant to subsection 2 must not be used to:”.

Amend sec. 15, page 8, line 25, by deleting “7.” and inserting “4.”.

Amend sec. 17, page 8, by deleting lines 34 and 35 and inserting:

“2. Sections 1 to 13, inclusive, and 16 of this act become effective on July 1, 1999.

3. Section 14 of this act becomes effective at 12:01 a.m. on July 1, 1999.”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 595.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1172.

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

“Section 1. 1. Notwithstanding the provisions of subsection 2 of NRS 353.260, upon approval of the Interim Finance Committee, the”.

Amend section 1, page 1, by deleting lines 4 and 5 and inserting:

“beyond the 1999-2001 biennium except that the total amount of money committed over the 20-”.

Amend section 1, page 1, line 7, after “costs.” by inserting:

“The request submitted to the Interim Finance Committee for approval of the lease must include all substantive details of the proposed lease and, if possible, a copy of the proposed lease document or documents.

2.”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 622.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1163.

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

“Section 1. NRS 2.070 is hereby amended to read as follows:

2.070 1. If a justice of the supreme court at the time of his death had retired and was then receiving a pension under the provisions of NRS 2.060, or if at the time of his death the justice had not retired but had performed sufficient service for retirement under the provisions of NRS 2.060, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive monthly payments of [~~$2,000]~~ $2,500per month.

2. If a surviving spouse of a justice is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or remarriage or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the public employees’ retirement system.

3. To obtain these benefits, the surviving spouse must make application to the board, commission or authority entrusted with the administration of the judges’ pensions and furnish such information as may be required pursuant to reasonable regulations adopted for the purpose of carrying out the intent of this section.

4. Any person receiving a benefit pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired under the public employees’ retirement system.

5. It is the intent of this section that no special fund be created for the purpose of paying these benefits, and all payments made under the provisions of this section are to be made out of and charged to any fund created for the purpose of paying pension benefits to justices of the supreme court.

Sec. 2. NRS 3.095 is hereby amended to read as follows:

3.095 1. If a district judge at the time of his death had retired and was then receiving a pension under the provisions of NRS 3.090, or if at the time of his death the judge had not retired but had performed sufficient service for retirement under the provisions of NRS 3.090, the surviving spouse, if the spouse has attained the age of 60 years, is entitled, until his death or remarriage, to receive monthly payments of [$2,000]$2,500 per month.

2. If a surviving spouse of a judge is not eligible to receive benefits pursuant to subsection 1, he is entitled, until his death or remarriage or until he becomes eligible to receive those benefits, to receive payments equal in amount to the payment provided in subsection 1 of NRS 286.674 for the spouse of a deceased member of the public employees’ retirement system.

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

“Sec. 3. 1. There is hereby appropriated from the state general fund to the supreme court for the support of the pensions of justices, judges and surviving spouses:

For the fiscal year 1999-2000 $73,109

For the fiscal year 2000-2001 $73,109

2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.”.

Amend the title of the bill, second line, after “judges;” by inserting:

“making an appropriation;”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 679.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1185.

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

“division of compliance enforcement.”.

Amend sec. 2, page 2, line 7, by deleting “section.” and inserting “division.”.

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

“(13) Investigators and administrators of the [bureau] division of compliance enforcementof the [~~registration~~”.

Amend sec. 4, page 4, line 32, after “in” by inserting:

“the State of”.

Amend sec. 4, page 4, line 38, by deleting “arrests; and” and inserting “arrests;”.

Amend sec. 4, page 4, line 41, by deleting “department.” and inserting:

“department; and

(22) Criminal investigators who are employed by the secretary of state.”.

Amend sec. 6, page 5, line 15, after “of” by inserting “compliance”.

Amend sec. 6, page 5, by deleting line 27 and inserting:

“[(j)](8) A training division.

(c) Such other branches or divisions as the director may from time”.

Amend sec. 7, page 7, between lines 28 and 29, by inserting:

“(i) The training division shall provide training to the employees of the department.”.

Amend sec. 43, page 22, by deleting line 4 and inserting:

“division of compliance enforcement of the”.

Amend sec. 47, page 25, by deleting lines 35 and 36 and inserting:

“3. Administrators and investigators of the [bureau] division of compliance enforcement of the [~~registration~~”.

Amend sec. 50, page 28, by deleting lines 16 and 17 and inserting:

“5. An investigator of the [bureau] division of compliance enforcement of the [registration division] motor vehicles”.

Amend sec. 50, page 28, by deleting lines 29 and 30 and inserting:

“9. A forensic specialist or correctional officer employed by the division of mental health and developmental services of the department of human”.

Amend the bill as a whole by renumbering sec. 52 as sec. 53 and adding a new section designated sec. 52, following sec. 51, to read as follows:

“Sec. 52. Section 25 of Assembly Bill No. 626 of this session is hereby amended to read as follows:

Sec. 25. NRS 289.270 is hereby amended to read as follows:

289.270 1. The following persons have the powers of a peace officer:

(a) The director of the department of motor vehicles and public safety.

(b) The chiefs of the divisions of the department of motor vehicles and public safety.

(c) The deputy directors of the department of motor vehicles and public safety employed pursuant to subsection 2 of NRS 481.035.

(d) The investigators and agents of the investigation division of the department of motor vehicles and public safety and any other officer or employee of that division whose principal duty is to enforce one or more laws of this state, and any person promoted from such a duty to a supervisory position related to such a duty.

(e) The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140.

2. The personnel of the Nevada highway patrol appointed pursuant to subsection 2 of NRS 481.150 have the powers of a peace officer specified in NRS 481.150 and 481.180.

3. Administrators and investigators of the division of compliance enforcementof the motor vehicles branch of thedepartment of motor vehicles and public safety have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties under NRS 481.048.

4. Officers and investigators of the section for the control of emissions from vehicles of the motor vehicles branchof the department of motor vehicles and public safety, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.

5. Members of the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety who are, pursuant to NRS 414.270, activated by the chief of the division during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070 to perform the duties of the state disaster identification team, have the powers of peace officers in carrying out those duties.”.

Amend the bill as a whole by renumbering sections 53 through 55 as sections 56 through 58 and adding new sections designated sections 54 and 55, following sec. 52, to read as follows:

“Sec. 54. The Governor shall review the organization of the department of motor vehicles and public safety as reorganized pursuant to the amendatory provisions of this act, determine whether the organization of the department requires any additional changes and notify the interim finance committee before January 1, 2000, of his determination. Notwithstanding any provision of Title 43 of NRS to the contrary, any changes in the organization of the department of motor vehicles and public safety included in the Governor’s determination may be made upon approval of the interim finance committee. A plan describing any such changes must be approved by the Governor before it is submitted to the interim finance committee for approval.

Sec. 55. Notwithstanding the provisions of chapter 284 of NRS and any administrative regulations and personnel policies to the contrary:

1. Other than terminations and resignations, all personnel actions, including, without limitation, appointments, transfers, promotions and the filling of vacancies, that are carried out to implement, or are in any way related to, the reorganization of the department of motor vehicles and public safety pursuant to the amendatory provisions of this act shall be deemed temporary actions until January 1, 2000.

2. A state officer or employee who through an appointment, transfer, promotion or other personnel action that is made temporary by subsection 1 does not lose any rights or privileges of state employment except any right to the specific temporary position.”.

Amend sec. 54, page 29, by deleting lines 33 through 36 and inserting:

“1. This section and sections 1, 2, 3, 5 to 56, inclusive, and 58 of this act become effective on July 1, 1999; and

2. Section 4 of this act becomes effective at 12:01 a.m. on July 1, 1999.”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 685.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1181.

Amend the bill as a whole by deleting sec. 32 and adding a new section designated sec. 32, following sec. 31, to read as follows:

“Sec. 32. Section 16 of Senate Bill No. 145 of this session is hereby amended to read as follows:

Sec. 16. NRS 695F.090 is hereby amended to read as follows:

695F.090 Prepaid limited health service organizations are subject to the provisions of this chapter and to the following provisions, to the extent reasonably applicable:

1. NRS 687B.310 to 687B.420, inclusive, concerning cancellation and nonrenewal of policies.

2. NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.

3. The requirements of NRS 679B.152.

4. The fees imposed pursuant to NRS 449.465.

5. NRS 686A.010 to 686A.310, inclusive, concerning trade practices and frauds.

6. The assessment imposed pursuant to subsection 3 of NRS 679B.158.

7. Chapter 683A of NRS.

8. To the extent applicable, the provisions of NRS 689B.340 to 689B.600, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance.

9. NRS 689A.410, 689A.413[.] and section 3 of this act.

10. NRS 680B.025 to 680B.039, inclusive, concerning premium tax, premium tax rate, annual report and estimated quarterly tax payments. For the purposes of this subsection, unless the context otherwise requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “prepaid limited health service organization.”

11. Chapter 692C of NRS, concerning holding companies.

12. Sections 4 to 11, inclusive, of Assembly Bill No. 685 of this ~~[act.]~~ session.”.

Amend the title of the bill, seventh and eighth lines, by deleting:

“making an appropriation;”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 689.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 1151.

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

“3 and 4” and inserting:

“3, 4 and 5”.

Amend section 1, page 3, line 7, by deleting “section.” and inserting:

“section regardless of whether the public water system is required to comply with those provisions.”.

Amend section 1, page 3, between lines 29 and 30, by inserting:

“Sec. 5. 1. This section becomes effective upon passage and approval.

2. Section 3 of this act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 1999, for all other purposes.

3. Sections 1, 2, 4 and 4.5 of this act become effective on October 1, 1999.

4. This act expires by limitation on January 1, 2001, if a majority of the voters voting on the question placed on the ballot pursuant to section 4.5 of this act vote affirmatively in all counties in which the measure was placed on the ballot.”.

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

“Sec. 2. Assembly Bill No. 284 of this session is hereby amended by adding thereto a new section designated sec. 4.5, following sec. 4, to read as follows:

Sec. 4.5. At the general election on November 7, 2000, in each county whose population is 400,000 or more, an advisory question must be placed on the general election ballot in substantially the following form:

Should each public water system in this county that serves a population of 100,000 persons or more cease the fluoridation of the water?

Sec. 3. Section 3 of Assembly Bill No. 590 of this session is hereby amended to read as follows:

Sec. 3. Section 5.020 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 215, Statutes of Nevada 1997, at page 748, is hereby amended to read as follows:

Sec. 5.020 Primary municipal elections; declaration of candidacy.

1. The city council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents. The seats for city councilmen must be designated by the numbers one through four which number must correspond with the wards the candidates for city councilmen will seek to represent. A candidate for the office of city councilman shall include in his declaration of candidacy the number of the ward which he seeks to represent. Each candidate for city council must be designated as a candidate for the city council seat that corresponds with the ward that he seeks to represent.

2. If for any general municipal election there are three or more candidates for the offices of mayor or municipal judge, or [five or more candidates for the office of councilman,] for a particular city council seat, a primary election for any such office must be held on the Tuesday following the first Monday in May preceding the general election.

3. Except as otherwise provided in [subsections 4 and 5,] subsection 4, after the primary election, the names of the two candidates for mayor , [and] municipal judge and [the names of the four candidates for city councilman]each city council seat who receive the highest number of votes must be placed on the ballot for the general election.

4. If one of the candidates for mayor , [or] municipal judge or a city council seat receives a majority of the total votes cast for that office in the primary election, he shall be declared elected to office and his name must not appear on the ballot for the general election.

[5. If a candidate for city council receives votes equal to a majority of voters casting ballots in the primary election:

(a) He shall be declared elected to one of the open seats on the city council and his name must not appear on the ballot for the general election.

(b) Unless all the open seats were filled pursuant to paragraph (a), the names of those candidates who received the highest number of votes but did not receive a number of votes equal to a majority of the voters casting ballots in the primary election, not to exceed twice the number of candidates remaining to be elected, must be placed on the ballot for the general election.]”.

Amend the title of the bill, fourth line, after “more;” by inserting:

“requiring an advisory question concerning the fluoridation of water to be placed on the general election ballot in a county whose population is 400,000 or more; amending Assembly Bill No. 590 of the 1999 Legislative Session clarifying that a candidate for the office of city councilman must include in his declaration of candidacy the number of the ward that he seeks to represent;”.

Amend the summary of the bill, first line, by deleting “284” and inserting:

“284, Assembly Bill No. 590”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 689 be placed on the Chief Clerk’s desk.

Remarks by Assemblyman Anderson.

Assemblyman Anderson moved to withdraw his motion.

Motion carried.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 691.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1170.

Amend section 1, page 1, line 3, by deleting “[of prisons]” and inserting “of prisons”.

Amend section 1, page 1, line 8, by deleting “proposed” and inserting “~~[proposed]~~”.

Amend section 1, page 1, line 9, by deleting “$6” and inserting “~~[$6]~~ $7.50”.

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

“Sec. 2. 1. There is hereby appropriated from the state general fund to the department of prisons:

For the fiscal year 1999-2000 $156,354

For the fiscal year 2000-2001 $224,718

2. The money appropriated by subsection 1 must be allocated as follows:

1999-2000 2000-2001

Prison medical care $29,568 $34,342

Director’s office $2,746 $3,308

Southern Nevada Correctional Center $44,255 $7,888

Indian Springs Conservation Camp $7,037 $7,037

Southern Desert Correctional Center $68,709 $67,550

Jean Conservation Camp $4,039 $4,039

Men’s Prison No. 7 (Cold Creek State Prison) 0 - $100,554

Sec. 3. There is hereby appropriated from the state general fund to the division of forestry of the state department of conservation and natural resources:

For the fiscal year 1999-2000 $5,745

For the fiscal year 2000-2001 $5,713

Sec. 4. Any balance of the sums appropriated by sections 2 and 3 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.”.

Amend the title of the bill, second line, after “7;” by inserting:

“increasing the amount authorized for travel expenses; making appropriations;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes travel expenses for certain persons employed at Men’s Prison No. 7 and makes appropriations for support of certain prisons. (BDR 16‑1765)”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 693.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1165.

Amend the bill as a whole by renumbering sections 1 through 13 as sections 2 through 14 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. NRS 561.153 is hereby amended to read as follows:

561.153 The director may by regulation adopt such procedures as he may deem appropriate for the billing or collection of fees for any service [rendered] or any publication or other product provided by the department under Titles 49, 50 and 51 of NRS for which fees are collectible.”.

Amend sec. 2, page 1, by deleting lines 9 and 10 and inserting:

“(c) Nonprofit organization or association, including the Nevada Fair of”.

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

Amend sec. 2, page 2, line 8, by deleting “administrator” and inserting “director”.

Amend sec. 2, page 2, line 10, by deleting “administrator” and inserting “director”.

Amend sec. 2, page 2, line 11, by deleting “administrator” and inserting “director”.

Amend sec. 2, page 2, line 16, by deleting “administrator” and inserting “director”.

Amend sec. 3, page 2, line 23, by deleting “division” and inserting “department”.

Amend sec. 3, page 2, line 25, by deleting “division” and inserting “department”.

Amend sec. 5, page 3, line 10, by deleting “administrator” and inserting “director”.

Amend sec. 5, page 3, lines 12 and 13, by deleting “subject, however,” and inserting “subject”.

Amend sec. 5, page 3, line 16, by deleting “administrator” and inserting “director”.

Amend sec. 5, page 3, line 17, by deleting “licensed” and inserting “license”.

Amend sec. 5, page 3, line 21, by deleting “administrator” and inserting “director”.

Amend sec. 6, page 3, line 24, by deleting “administrator” and inserting “director”.

Amend sec. 6, page 3, by deleting lines 28 and 29 and inserting:

“the application of those pesticides, including, but not limited to, the following areas:”.

Amend sec. 6, page 3, line 38, by deleting “administrator” and inserting “director”.

Amend sec. 6, page 3, line 42, by deleting “administrator” and inserting “director”.

Amend sec. 8, page 4, line 17, by deleting “administrator” and inserting “director”.

Amend sec. 8, page 4, line 19, by deleting “administrator” and inserting “director”.

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

Amend sec. 8, page 4, line 23, by deleting “administrator” and inserting “director”.

Amend sec. 8, page 4, line 26, by deleting “[registration of]” and inserting:

“[the registration of]”.

Amend sec. 9, page 4, by deleting lines 33 through 35 and inserting:

“586.401 or the Federal Environmental Pesticide Control Act, 7 U.S.C. §§ 136 et seq., [without being] unless he is registered with the director.”.

Amend sec, 9, page 5, by deleting lines 7 through 9 and inserting:

“during the year the registration was not in effect.

5. [All persons]Each person who is registered shall maintain for 2 years a record of all sales of restricted-use”.

Amend sec. 9, page 5, line 18, by deleting “administrator.” and inserting “director.”.

Amend sec. 9, page 5, line 20, by deleting “administrator” and inserting “director”.

Amend sec. 9, page 5, line 22, by deleting “administrator” and inserting “director”.

Amend sec. 10, page 5, line 27, by deleting “division” and inserting “department”.

Amend sec. 10, page 5, line 30, by deleting “administrator” and inserting “director”.

Amend sec. 10, page 5, line 31, by deleting “administrator” and inserting “director”.

Amend sec. 10, page 5, line 33, by deleting “division” and inserting “department”.

Amend sec. 10, page 5, line 37, by deleting “administrator,” and inserting “director,”.

Amend sec. 11, page 5, line 41, by deleting “division” and inserting “department”.

Amend sec. 11, page 6, line 3, by deleting “division” and inserting “department”.

Amend sec. 11, page 6, line 10, by deleting “division” and inserting “department”.

Amend sec. 13, page 6, line 40, by deleting:

“1 to 12,” and inserting:

“2 to 13,”.

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

“board of agriculture and the state department of agriculture; and providing other matters properly relating thereto.”.

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

“agriculture and state department of agriculture. (BDR 50-1748)”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 694.

Bill read second time.

The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:

Amendment No. 1186.

Amend the bill as a whole by deleting section 1 and renumbering sections 2 and 3 as sections 1 and 2.

Amend sec. 2, page 2, by deleting lines 6 through 11 and inserting:

“581.320 1. All fluid dairy products[, including cream and buttermilk, shall] mustbe packaged for retail sale [only in units of 1 gill or less, one-half liquid pint, 10 fluid ounces, 1 liquid pint, 1 liquid quart, one-half gallon, 3 liquid quarts, 1 gallon, 1 1/2 gallons, 2 gallons, 2 1/2 gallons or multiples of 1 gallon.]by liquid measure and in such amounts as are approved, jointly, by the state dairy commission and the state sealer of weights and measures. Containers used for”.

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

“AN ACT relating to dairy products; authorizing the state dairy commission and the state sealer of weights and measures to approve, jointly, the size of containers used to package fluid dairy products for retail sale; and”.

Assemblyman de Braga moved the adoption of the amendment.

Remarks by Assemblyman de Braga.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 363.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1164.

Amend sec. 5, page 1, lines 13 and 14, by deleting “not listed” and inserting:

“not:

(a) Listed, proposed for listing or eligible for listing”.

Amend sec. 5, page 1, line 15, after the semicolon by inserting:

“and

(b) Owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action of the Federal Government pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et seq.;”.

Amend sec. 11.5, page 2, line 25, after “listed” by inserting:

“, proposed for listing or eligible for listing”.

Amend sec. 11.5, page 2, line 27, after “Regulations” by inserting:

“or that is owned, managed or controlled by a person or governmental entity subject to a pending investigation or ongoing enforcement action by the Federal Government pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et seq.,”.

Amend sec. 11.5, page 2, by deleting line 31 and inserting:

“2. The reason for which the property was listed or is proposed or eligible for listing on the National Priorities List or for the investigation or enforcement action by the Federal Government is”.

Amend sec. 16, page 5, line 15, by deleting “or”.

Amend sec. 16, page 5, line 19, by deleting “act.” and inserting:

“act; or

7. For a release of any hazardous substance not specified in the remedial agreement.”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 511.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1168.

Amend section 1, page 1, by deleting lines 13 through 16 and inserting:

“2. Except as otherwise provided in subsections 4, 5 and 6, [all fees must be used by that department as needed to carry out the provisions of NRS 445B.700 to 445B.845, inclusive.]and after deduction of the amount required for grants pursuant to paragraph (a) of subsection 4, money in the pollution control account may, pursuant to legislative appropriation or with the approval of the interim finance committee, be expended by the following agencies in the following order of priority:

(a) The department of motor vehicles and public safety to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.

(b) The state department of conservation and natural resources to carry out the provisions of this chapter.

(c) The division of agriculture of the department of business and industry to carry out the provisions of NRS 590.010 to 590.150, inclusive.

(d) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the preservation and improvement of air quality in the Lake Tahoe Basin.

(e) The Nevada Tahoe regional planning agency to carry out the provisions of NRS 278.780 to 278.828, inclusive.

(f) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the attainment or maintenance of environmental thresholds in the Lake Tahoe Basin.

(g) Other agencies of this state to pay the costs incurred by those agencies to attain or maintain the environmental thresholds established by the Tahoe Regional Planning Agency pursuant to NRS 277.200.”.

Amend section 1, page 2, by deleting lines 6 through 31 and inserting:

“ (a) Money] money in the pollution control account to local governmental agencies in nonattainment or maintenance areas for carbonmonoxide for programs related to the improvement of the quality of air. The grants to agencies in a county pursuant to this subsection must be made from:

(a) An amount of money [granted must not exceed that portion of the money in the pollution control account that equals 1/5] in the pollution control account that is equal to one-fifth of the amount received for each form issued in the county pursuant to subsection 1[.] ; and

(b) Excess money in the pollution control account . [to air pollution control agencies established pursuant to NRS 445B.205 or 445B.500.] As used in this paragraph, “excess money” means the money in excess of $500,000 remaining in the pollution control account at the end of the fiscal year[.] , after deduction of the amount required for grants pursuant to paragraph (a) and any disbursements made from the account pursuant to subsection 2.

5. Any regulations adopted pursuant to subsection 4 must provide for”.

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

“Sec. 2. NRS 445B.830 is hereby amended to read as follows:

445B.830 1. In areas of the state where and when a program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid to the department of motor vehicles and public safety and accounted for in the pollution control account, which is hereby created in the state general fund:

(a) For the issuance and annual renewal of alicense for an authorized inspection station, authorized maintenance station, authorized station or fleet station $25

(b) For each set of 25 forms certifying emission control compliance 125

2. Except as otherwise provided in subsections 4, 5 and 6, and after deduction of the amount required for grants pursuant to paragraph (a) of subsection 4, money in the pollution control account may, pursuant to legislative appropriation or with the approval of the interim finance committee, be expended by the following agencies in the following order of priority:

(a) The department of motor vehicles and public safety to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.

(b) The state department of conservation and natural resources to carry out the provisions of this chapter.

(c) The division of agriculture of the department of business and industry to carry out the provisions of NRS 590.010 to 590.150, inclusive.

(d) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the preservation and improvement of air quality in the Lake Tahoe Basin.

[(e) The Nevada Tahoe regional planning agency to carry out the provisions of NRS 278.780 to 278.828, inclusive.

(f) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the attainment or maintenance of environmental thresholds in the Lake Tahoe Basin.

3. The department of motor vehicles and public safety may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including, without limitation,maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.

4. The department of motor vehicles and public safety shall by regulation establish a program to award grants of money in the pollution control account to local governmental agencies in nonattainment or maintenance areas for carbon monoxide for programs related to the improvement of the quality of air. The grants to agencies in a county pursuant to this subsection must be made from:

(a) An amount of money in the pollution control account that is equal to one-fifth of the amount received for each form issued in the county pursuant to subsection 1; and

(b) Excess money in the pollution control account. As used in this paragraph, “excess money” means the money in excess of $500,000 remaining in the pollution control account at the end of the fiscal year, after deduction of the amount required for grants pursuant to paragraph (a) and any disbursements made from the account pursuant to subsection 2.

5. Any regulations adopted pursuant to subsection 4 must provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:

(a) Review applications for grants and make recommendations for their approval, rejection or modification;

(b) Establish goals and objectives for the program for control of emissions from motor vehicles;

(d) Review and make recommendations concerning regulations adopted pursuant to subsection 4 or NRS 445B.770.

6. Grants proposed pursuant to subsections 4 and 5 must be submitted to the chief of the registration division of the department of motor vehicles and public safety and the administrator of the division of environmental protection of the state department of conservation and natural resources. Proposed grants approved by the chief and the administrator must not be awarded until approved by the interim finance committee.

Sec. 3. 1. This section and section 1 of this act become effective on July 1, 1999.

2. Section 2 of this act becomes effective on July 1, 2001.

3. Section 1 of this act expires by limitation on June 30, 2001.”.

Amend the title of the bill, first line, by deleting “temporarily”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 13.

Assemblywoman Giunchigliani moved the adoption of the resolution.

Remarks by Assemblywoman Giunchigliani.

Resolution adopted, as amended.

Assembly Concurrent Resolution No. 46.

Assemblywoman Giunchigliani moved the adoption of the resolution.

Remarks by Assemblywoman Giunchigliani.

Resolution adopted, as amended.

Assembly Concurrent Resolution No. 53.

Assemblywoman Giunchigliani moved the adoption of the resolution.

Remarks by Assemblywoman Giunchigliani.

Resolution adopted, as amended.

Assemblyman Perkins moved that Assembly Bills Nos. 170, 287, 368 and 454 be placed at the top of the General File.

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Commerce and Labor, to which was referred Senate Bill No. 8, has had the same under consideration, and begs leave to report the same back with the recommendation: Without recommendation.

Barbara E. Buckley, Chairman

general file and third reading

Assembly Bill No. 170.

Bill read third time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1180.

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. NRS 218.220 is hereby amended to read as follows:

218.220 1. The per diem expense allowance and the travel and telephone expenses of senators and assemblymen elected or appointed and in attendance at any session or presession orientation conference of the legislature must be allowed in the manner set forth in this section.

2. For initial travel from his home to Carson City, Nevada, to attend a session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a session or termination of a presession orientation conference of the legislature, each senator and assemblyman is entitled to receive:

(a) A per diem expense allowance, not to exceed the maximum rate established by the Federal Government for the Carson City Area, for one day’s travel to and one day’s travel from the session or conference.

(b) Travel expenses.

3. In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental allowance which must not exceed:

(a) A total of $6,800 during each regular session of the legislature for:

(1) His actual expenses in moving to and from Carson City for the session;

(2) Travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business; [and]

(3) If he rents furniture for his temporary residence rather than moving similar furniture from his home, the cost of renting that furniture not to exceed the amount that it would have cost to move the furniture to and from his home; and

(4) If:

(I) His home is more than 50 miles from Carson City; and

(II) He maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for occupancy during a regular legislative session, the cost of such additional housing, paid at the end of each month during the legislative session, beginning the month of the first day of the legislative session and ending the month of the adjournment sine die of the legislative session, in an amount that is the fair market rent for a one bedroom unit in Carson City as published by the United States Department of Housing and Urban Development prorated for the number of days of the month that he actually maintained the temporary quarters in or near Carson City. For the purposes of this subparagraph, any day before the first day of the legislative session or after the day of the adjournment sine die of the legislative session may not be counted as a day for which he actually maintained such temporary quarters; and

(b) A total of $1,000 during each special session of the legislature for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business.

4. Each senator and assemblyman is entitled to receive a per diem expense allowance, not to exceed the maximum rate established by the Federal Government for the Carson City area, for each day that the legislature is in session or in a presession orientation conference and for each day that he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than 4 days.

5. Each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:

(a) The legislature has adjourned until a time certain; and

(b) The senator or assemblyman is not entitled to a per diem expense allowance pursuant to subsection 4.

6. In addition to the per diem expense allowance authorized by subsection 4 and the lodging allowance authorized by subsection 5, each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 17 days in each period in which:

(a) The legislature has adjourned for more than 4 days; and

(b) The senator or assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting.

7. Each senator and assemblyman is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 6 days in each period in which:

(a) The legislature has adjourned for more than 4 days; and

(b) The senator or assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting,

if the senator or assemblyman is not entitled to the per diem expense allowance authorized by subsection 4 or the lodging allowances authorized by subsections 5 and 6.

8. Each senator and assemblyman is entitled to receive a telephone allowance of not more than $2,800 for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not more than $300 during each special session of the legislature.

9. An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.

10. Claims for expenses made under the provisions of this section must be paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsections 5, 6 and 7 must be paid once each week during a legislative session and upon completion of a presession orientation conference.

11. A claim for travel expenses authorized by subsection 2 or 3 must not be paid unless the senator or assemblyman submits a signed statement affirming:

(a) The date of the travel; and

(b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.

12. Travel expenses authorized by subsections 2 and 3 are limited to:

(a) If the travel is by private conveyance, a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax. If two or more legislators travel in the same private conveyance, the legislator who provided or arranged for providing the transportation is presumed entitled to reimbursement.

(b) If the travel is not by private conveyance, the actual amount expended.

Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles.”.

Amend the title of the bill to read as follows:

“AN ACT relating to the legislature; authorizing the use of the supplemental allowance provided for legislators to pay the costs of additional housing during a regular legislative session under certain circumstances;and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes use of supplemental allowance provided for legislators to pay costs of additional housing during legislative session under certain circumstances. (BDR 17‑60)”.

Assemblyman Nolan moved the adoption of the amendment.

Remarks by Assemblyman Nolan.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 287.

Bill read third time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1166.

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

All proceedings in all courts brought under this chapter to exercise the right of eminent domain take precedence over all other causes and actions not involving the public interest, to the end that all such proceedings must be quickly heard and determined.”.

Amend section 1, pages 1 and 2, by deleting lines 11 and 12 on page 1 and lines 1 through 6 on page 2, and inserting:

“[~~commencement of the action,]~~ first service of the summons, and the court makes a written finding that the delay is caused primarily by the [~~defendant or, if there is more than one defendant, the total delay caused by all the defendants,]~~ plaintiff or is caused by congestion or backlog in the calendar of the court, the date of valuation is [~~the date of the first service of summons or]~~ the date of the actual commencement of the trial . [~~, whichever results in the lesser compensation and damages.]~~ If a new trial is ordered by a court, the date of valuation used in the new trial must be the date of valuation used in the original trial.”.

Amend section 1, page 2, line 11, by deleting:

“[~~plaintiff or the]~~” and inserting:

“plaintiff or the”.

Amend sec. 2, pages 2 and 3, by deleting lines 16 through 43 on page 2 and lines 1 through 5 on page 3, and inserting:

“37.175 1. Except as otherwise provided in this section, the plaintiff shall pay interest on the final judgment on the difference between the amount deposited pursuant to NRS 37.100 or 37.170 and the sum of the amount awarded for the taking and any damages awarded for the severance of the property, excluding costs and attorney’s fees, [at the following rates:

(a) From the date of the commencement of the action to the date of the final judgment, at a rate equal to the rate of interest fixed for 1-year United States treasury bills on the date of the commencement of the action, as reported in the “Federal Reserve Bulletin” published by the Board of Governors of the Federal Reserve System or another commonly used business or financial publication. The rate of interest must be adjusted annually thereafter on the anniversary date of the commencement of the action. The interest must be compounded annually.

(b) From the date of the final judgment to the date the judgment is satisfied, at a rate equal to the rate of interest fixed for 1-year United States treasury bills on the date of the final judgment, as reported in the “Federal Reserve Bulletin” published by the Board of Governors of the Federal Reserve System or another commonly used business or financial publication. The rate of interest must be adjusted annually thereafter on the anniversary date of the final judgment. The interest must be compounded annually.]from the date of the first service of the summons until the date the judgment is satisfied, at the rate provided in NRS 17.130.

2. The plaintiff is not required to pay interest on any amount deposited pursuant to the provisions of NRS 37.100 or 37.170.

3. No interest is required to be paid for the period from the date of a trial which is continued past 2 years after the [~~commencement of the action,]~~ date of the first service of the summons, until the date of entry of judgment, if the continuance was caused primarily by the defendant or, if there is more than one defendant, the total delay caused by all the defendants. As used in this subsection , “primarily” means the greater amount, quantity or quality of acts of the plaintiff or the defendant or, if there is more than one defendant, the total delay caused by all defendants , that would cause the trial to be continued past 2 years after the [~~commencement of the action.~~]date of the first service of the summons.”.

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

“establishing a preference in the processing of actions related to eminent domain under certain circumstances;”.

Amend the summary of the bill, first line, after “governing” by inserting “proceedings and”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 368.

Bill read third time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1183.

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

“Sec. 2. Chapter 393 of NRS is hereby amended by adding thereto a new section to read as follows:

A school district that has more than 150,000 pupils enrolled shall develop and adopt a policy concerning the renovation or reconstruction of older buildings for schools or related facilities. As part of the policy, consideration must be given to the relative advantages and disadvantages of the renovation or reconstruction of older buildings for schools or related facilities as compared to the design, construction or purchase of new buildings for schools or related facilities. The policy must include, without limitation, guidelines for use by the board of trustees in determining whether older buildings should be renovated or reconstructed or whether new buildings to replace those older buildings should be constructed or purchased.

Sec. 3. 1. The board of trustees of a school district that has more than 150,000 pupils enrolled shall establish a pilot program to replace schools. The school district may use an amount not to exceed $15 million from the proceeds of the bonds issued pursuant to subsection 3 or 4 of NRS 350.020 to:

(a) Evaluate older schools within the district to determine the need for renovation or reconstruction of those schools; and

(b) Reconstruct one existing elementary school designated by the board of trustees.

2. The purpose of this section is to provide authority to expend the proceeds of the bonds issued pursuant to subsection 3 or 4 of NRS 350.020 for reconstruction that is additional to and does not replace, repeal or limit any existing authority to so expend such proceeds.

3. On or before February 1, 2001, the school district shall submit an interim report regarding the pilot program to replace schools, including, without limitation, the evaluation of the older schools and the progress of the reconstruction of the elementary school designated by the board of trustees to the director of the legislative counsel bureau for transmission to the 71st session of the Nevada legislature.”.

Amend the title of the bill to read as follows:

“AN ACT relating to education; requiring that the annual audit of certain school districts include an audit of expenditures relating to the design, construction, acquisition and renovation of school facilities and grounds; requiring certain school districts to develop and adopt a policy to renovate or reconstruct certain school facilities; requiring certain school districts to establish a pilot program for replacing schools; authorizing those school districts to use certain proceeds of bonds for the pilot program; requiring those school districts to submit an interim report concerning the progress of the pilot program; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires annual audit of certain expenditures by certain school districts and development of policy to renovate or reconstruct certain school facilities by certain school districts. (BDR 31‑179)”.

Assemblyman Williams moved that Assembly Bill No. 368 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Assemblyman Williams.

Motion carried.

Assembly Bill No. 454.

Bill read third time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1174.

Amend sec. 3, page 2, line 37, by deleting:

“substance or marihuana;” and inserting “substance;”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assemblyman Perkins moved that the Assembly recess until 4:30 p.m.

Motion carried.

Assembly in recess at 1:04 p.m.

ASSEMBLY IN SESSION

At 4:58 p.m.

Mr. Speaker presiding.

Quorum present.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 27, 1999

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 269, 323, 342, 686; Assembly Joint Resolutions Nos. 22, 24; Senate Joint Resolution No. 22.

Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 70, 165, 236, 432.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 285, Amendment No. 1159, and respectfully requests your honorable body to concur in said amendment.

Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 60, 74, 75, 76, 77.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 680, Senate Amendment No. 1073, and requests a conference, and appointed Senators Rhoads, Townsend and Shaffer as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 634, Senate Amendment No. 876, and requests a conference, and appointed Senators Townsend, Amodei and Carlton as a first Conference Committee to meet with a like committee of the Assembly.

Mary Jo Mongelli

Assistant Secretary of the Senate

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Taxation, to which was referred Senate Bill No. 411, 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

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Ways and Means:

Assembly Bill No. 697—AN ACT relating to making appropriations from the state general fund and the state highway fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1999, and ending June 30, 2000, and beginning July 1, 2000, and ending June 30, 2001; providing for the use of the money so appropriated; and providing other matters properly relating thereto.

Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 70.

Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 165.

Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 236.

Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 432.

Assemblyman Perkins moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Senate Joint Resolution No. 22.

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

Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 408.

The following Senate amendment was read:

Amendment No. 1011.

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

If the state engineer issues a temporary permit pursuant to NRS 534.120 or if a well for domestic use is drilled in an area in which he has issued such a temporary permit, he shall file a notice with the county recorder of the county in which the permit is issued or the well is drilled. The notice must include a statement indicating that, if and when water can be furnished by an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area:

1. A temporary permit may be revoked;

2. The owner of a domestic well may be prohibited from deepening or repairing the well; and

3. The owner of the property served by the well may be required to connect to this water source at his own expense.”.

Amend section 1, page 1, line 16, by deleting “The” and inserting:

“[~~The]~~ Except as otherwise provided in subsection 5, the”.

Amend section 1, page 1, line 18, by deleting:

“be revoked for just cause” and inserting:

“, except as limited by subsection 4, be revoked”.

Amend section 1, page 2, line 5, after “Limit” by inserting “the”.

Amend section 1, page 2, line 7, by deleting:

“534.0175 and 534.180,” and inserting:

“534.013 and 534.0175 , [~~and 534.180,]~~”.

Amend section 1, page 2, line 10, after “4.” by inserting:

“The state engineer may revoke a temporary permit issued pursuant to subsection 3 for residential use, and require a person to whom ground water was appropriated pursuant to the permit to obtain water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:

(a) The distance from the property line of any parcel served by a well pursuant to a temporary permit to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet;

(b) The well providing water pursuant to the temporary permit needs to be redrilled or have repairs made which require the use of a well-drilling rig; and

(c) The holder of the permit will be offered financial assistance to pay not more than 85 percent, as determined by the entity providing the financial assistance, of the cost of the local and regional connection fees and capital improvements necessary for making the connection to the proposed source of water.

In a basin that has a water authority that has a ground water management program, the state engineer shall not revoke the temporary permit unless the water authority abandons and plugs the well and pays the costs related thereto. If there is not a water authority in the basin that has a ground water management program, the person shall abandon and plug his well in accordance with the rules of the state engineer.

5. The state engineer may, in an area in which he has issued temporary permits pursuant to subsection 3, limit the depth of a domestic well pursuant to paragraph (c) of subsection 3 or prohibit repairs from being made to a well, and may require the person proposing to deepen or repair the well to obtain water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if: (a) The distance from the property line of any parcel served by the well to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet;

(b) The deepening or repair of the well would require the use of a well-drilling rig; and

(c) The person proposing to deepen or repair the well will be offered financial assistance to pay not more than 85 percent, as determined by the entity providing the financial assistance, of the cost of the local and regional connection fees and capital improvements necessary for making the connection to the proposed source of water.

In a basin that has a water authority that has a ground water management program, the state engineer shall not prohibit the deepening or repair of a well unless the water authority abandons and plugs the well and pays the costs related thereto. If there is not a water authority in the basin that has a ground water management program, the person shall abandon and plug his well in accordance with the rules of the state engineer.

6.”.

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

“Sec. 3. The legislative committee on public lands shall conduct a study of issues related to residential, municipal and quasi-municipal water wells in the State of Nevada and report its findings and recommendations to the 71st session of the Nevada legislature. The legislative commission shall appoint two additional senators and two additional assemblymen to the legislative committee on public lands for the purposes of this study. The chairman of the legislative committee on public lands shall appoint a technical advisory committee to assist in conducting the study with representation from urban and rural areas, well owners, suppliers of municipal water, holders of water rights, and ratepayers.

Sec. 4. 1. This section and sections 2 and 3 of this act become effective on July 1, 1999.

2. Section 1 of this act becomes effective on October 1, 1999.

3. Section 2 of this act expires by limitation on July 1, 2005.”.

Amend the title of the bill to read as follows:

“AN ACT relating to water; establishing the circumstances under which certain temporary permits for the appropriation of ground water may be revoked; restricting the authority of the state engineer to limit the depth of or prohibit the repair of certain wells; requiring the state engineer to file certain notices with the county recorder; requiring the legislative committee on public lands to conduct a study of water wells; and providing other matters properly relating thereto.”.

Assemblyman Bache moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 408.

Remarks by Assemblyman Bache.

Motion carried.

Bill ordered transmitted to the Senate.

Recede From Assembly Amendments

Assemblyman de Braga moved that the Assembly do not recede from its action on Senate Bill No. 167, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

Remarks by Assemblyman de Braga.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen de Braga, Ohrenschall and Carpenter as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 167.

Recede From Senate Amendments

Assemblyman Anderson moved that the Assembly do not recede from its action on Senate Bill No. 451, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

Remarks by Assemblyman Anderson.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Buckley, Carpenter and Anderson as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 451.

Recede From Assembly Amendments

Assemblywoman Giunchigliani moved that the Assembly do not recede from its action on Senate Bill No. 478, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Giunchigliani, McClain and Beers as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 478.

general file and third reading

Assembly Bill No. 472.

Bill read third time.

Remarks by Assemblyman Arberry.

Roll call on Assembly Bill No. 472:

Yeas—35.

Nays—Angle, Beers, Brower, Freeman, Gustavson, Mortenson—6.

Excused—Evans.

Assembly Bill No. 472 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 683.

Bill read third time.

Remarks by Assemblyman Beers.

Roll call on Assembly Bill No. 683:

Yeas—41.

Nays—None.

Excused—Evans.

Assembly Bill No. 683 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 688.

Bill read third time.

Remarks by Assemblywoman Ohrenschall.

Roll call on Assembly Bill No. 688:

Yeas—41.

Nays—None.

Excused—Evans.

Assembly Bill No. 688 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 507.

Bill read third time.

Remarks by Assemblyman Beers.

Roll call on Senate Bill No. 507:

Yeas—41.

Nays—None.

Excused—Evans.

Senate Bill No. 507 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Senate Bill No. 71 be taken from the Chief Clerk's desk and placed on the General File.

Motion carried.

general file and third reading

Senate Bill No. 80.

Bill read third time.

Remarks by Assemblymen Chowning, Anderson, Carpenter, Bache, Cegavske, Collins, Von Tobel and McClain.

Roll call on Senate Bill No. 80:

Yeas—29.

Nays—Anderson, Angle, Bache, Carpenter, de Braga, Gustavson, Humke, Marvel, Parnell, Price, Segerblom, Thomas—12.

Excused—Evans.

Senate Bill No. 80 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 283.

Bill read third time.

Remarks by Assemblyman Goldwater.

Roll call on Senate Bill No. 283:

Yeas—41.

Nays—None.

Excused—Evans.

Senate Bill No. 283 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 308.

Bill read third time.

Remarks by Assemblymen Leslie and Bache.

Roll call on Senate Bill No. 308:

Yeas—38.

Nays—Angle, Buckley, Freeman—3.

Excused—Evans.

Senate Bill No. 308 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 368.

Bill read third time.

Remarks by Assemblywoman Parnell.

Roll call on Senate Bill No. 368:

Yeas—41.

Nays—None.

Excused—Evans.

Senate Bill No. 368 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 545.

Bill read third time.

Remarks by Assemblyman Arberry.

Roll call on Senate Bill No. 545:

Yeas—41.

Nays—None.

Excused—Evans.

Senate Bill No. 545 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 27, 1999

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 242.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Senate Bill No. 71 be taken from the General File and placed on the General File for the next legislative day.

Motion carried.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

The first Conference Committee concerning Senate Bill No. 242, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 2, which is attached to and hereby made a part of this report.

Bernard Anderson	Mike McGinness
John C. Carpenter	Jon C. Porter
Genie Ohrenschall	Valerie Wiener
Assembly Conference Committee	Senate Conference Committee

The following amendment was proposed by the First Conference Committee:

Amendment No. CA2.

Amend section 1, page 1, by deleting lines 8 through 11 and inserting:

“provisions of this section [must include] shall ensure that the social security numbers of both parties[.] are:”.

Amend section 1, page 1, line 14, by deleting “Filed” and inserting “Placed”.

Amend sec. 2, page 2, by deleting lines 7 through 12 and inserting:

“2. [An order made] A court that enters an order pursuant to subsection 1 for the support of any minor child or children [must include] shall ensure that the social security numbers of the parties[.] are:”.

Amend sec. 2, page 2, line 15, by deleting “Filed” and inserting “Placed”.

Amend sec. 3, page 2, by deleting lines 34 through 41 and inserting:

“[3.](b) Ensure that the social security numbers of the child and the parents of the child are placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

2. Within 10 days after a court of this state issues an order for the support of a child, each party to the cause of action shall file with the court that issued the order and the welfare division:”.

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

Amend sec. 3, page 3, line 3, by deleting:

“employer[.] ; and” and inserting “employer.”.

Amend sec. 3, page 3, by deleting lines 4 and 5.

Amend sec. 5, page 4, by deleting lines 20 through 23 and inserting:

“(d) The court shall [include in its order] ensure that the social security number of the responsible parent[.] is:”.

Amend sec. 5, page 4, line 26, by deleting “Filed” and inserting “Placed”.

Amend sec. 6, page 5, by deleting lines 21 and 22 and inserting:

“(b) Ensure that the social security numbers of the parents or legal guardians of the child and the person to whom support is to be paid are:”.

Amend sec. 6, page 5, line 24, by deleting “Filed” and inserting “Placed”.

Amend sec. 7, page 7, by deleting lines 11 through 16 and inserting:

“approves a recommendation pursuant to this section [does not contain] shall ensure that, before the recommendation is filed pursuant to subsection 7, the social security numbers of the parents or legal guardians of the child[, the court shall include those numbers on the recommendation before it is filed pursuant to subsection 7.]are:”.

Amend sec. 7, page 7, line 18, by deleting “Filed” and inserting “Placed”.

Amend sec. 8, page 7, by deleting lines 31 through 34 and inserting:

“inclusive, must contain]shall ensure that the social security numbers of the parents or legal guardians of the child[.] are:”.

Amend sec. 8, page 7, line 36, by deleting “Filed” and inserting “Placed”.

Amend sec. 9, page 8, by deleting lines 27 through 29 and inserting:

“that the social security number of the parent or guardian who is the subject of the order is:”.

Amend sec. 9, page 8, line 32, by deleting “Filed” and inserting “Placed”.

Amend the title of the bill, second line, by deleting “certain” and inserting:

“social security numbers and certain other”.

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

“social security numbers and certain other”.

Assemblyman Anderson moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 242.

Remarks by Assemblyman Anderson.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblywomen Koivisto, Giunchigliani and Cegavske as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 15.

Mr. Speaker appointed Assemblymen Parks, Goldwater and Berman as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 634.

Mr. Speaker appointed Assemblymen Goldwater, Segerblom and Hettrick as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 680.

Consideration of Senate Amendments

Assembly Bill No. 193.

The following Senate amendment was read:

Amendment No. 1120.

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

“2 to 5, inclusive,” and inserting:

“2, 3 and 4”.

Amend sec. 2, page 1, line 3, by deleting:

“2 to 5, inclusive,” and inserting:

“2, 3 and 4”.

Amend sec. 3, page 2, by deleting line 9 and inserting:

“2. A nonprofit organization.”.

Amend sec. 3, page 2, between lines 24 and 25, by inserting:

“7. A candidate for public office, committee advocating the passage or defeat of a ballot question, political party, committee sponsored by a political party or a committee for political action.”

Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 and 6 as sections 4 and 5.

Amend sec. 5, page 3, lines 12 and 13, by deleting:

“and sections 2, 3 and 4 of this act”.

Amend sec. 5, page 3, lines 15 and 16, by deleting:

“597.930 and sections 2, 3 and 4 of this act,” and inserting “597.930,”.

Amend sec. 6, page 3, line 39, by deleting “6” and inserting “9”.

Amend the bill as a whole by adding new section designated sec. 6, following sec. 6, to read as follows:

“Sec. 6. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 8 of this act.”.

Amend sec. 7, page 4, by deleting lines 5 through 7 and inserting:

“Sec. 7. A person engages in a “deceptive trade practice” when, in the course”.

Amend the bill as a whole by renumbering sections 8 through 10 as sections 9 through 11 and adding a new section designated sec. 8, following sec. 7, to read as follows:

Sec. 8. 1. In a county whose population is 400,000 or more, a person who:

(a) Is a licensee, owner or employee of a business entity that is licensed to operate an adult cabaret, erotic dance establishment or adult night club; and

(b) While performing duties associated with the business entity, pays or offers to pay remuneration of any kind, including, without limitation, cash or services, to the owner or driver of a taxicab, limousine or bus containing 21 or fewer passengers, or to an agent of the owner or driver, for taking or attempting to take a passenger to a location other than the destination requested by the passenger,

commits a deceptive trade practice for purposes of NRS 598.0903 to 598.0999, inclusive.

2. In any action brought pursuant to NRS 598.0903 to 598.0999, inclusive, if the court finds the licensee or owner of a business entity engaged in a deceptive trade practice described in subsection 1, or his employee engaged in a deceptive trade practice described in subsection 1, the licensee or owner is subject only to a civil penalty of:

(a) For the first violation, not less than $500 and not more than $1,000;

(b) For the second violation, not less than $1,000 and not more than $5,000; and

3. If the violation of subsection 1 is the third or greater violation and if:

(a) The violation was committed by the licensee or owner of the business entity; or

(b) The violation was committed by an employee of the licensee or owner, and the director determines that the licensee or owner knew or should have known that the employee engaged in the act constituting the violation,

the director shall order, in writing, all applicable licensing authorities to suspend the license of the business entity for a period of not more than 6 months.

4. Upon receiving an order from the director pursuant to subsection 3, a licensing authority shall suspend the license of the licensee for the period specified in the order.

5. As used in this section:

(a) “License” means a business license to operate an adult cabaret, erotic dance establishment or adult night club.

(b) “Licensee” means the person to whom a license is issued.

(c) “Licensing authority” means a local government that licenses adult cabarets, erotic dance establishments or adult night clubs.”.

Amend sec. 9, page 4, line 33 and 34, by deleting:

“598.0979 to 598.099, inclusive,” and inserting:

“[598.0979 to 598.099, inclusive,] 598.0903 to 598.0999, inclusive, and section 7 of this act,”.

Amend sec. 9, page 4, line 40, by deleting “practice:” and inserting:

“[practice:] practice, other than a deceptive trade practice described in section 8 of this act:”.

Amend sec. 9, page 5, line 9, after “598.966, inclusive,” by inserting:

“and section 8 of this act,”.

Amend the title of the bill, fifth line, after “circumstances;” by inserting:

“providing that payment of remuneration to certain drivers of taxicabs, limousines and buses under certain circumstances constitutes a deceptive trade practice;”.

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

“and establishing certain actions as deceptive trade practices.”.

Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 193.

Remarks by Assemblywoman Buckley.

Motion carried.

Bill ordered enrolled.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Senate Bill No. 411 be placed on the Second Reading File.

Motion carried.

Assemblyman Hettrick moved that the vote whereby Assembly Bill No. 472 was passed be rescinded.

Remarks by Assemblyman Hettrick.

Motion carried.

general file and third reading

Assembly Bill No. 472.

Bill read third time.

Remarks by Assemblymen Goldwater and Hettrick.

Roll call on Assembly Bill No. 472:

Yeas—39.

Nays—Angle, Gustavson—2.

Excused—Evans.

Assembly Bill No. 472 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

SECOND READING AND AMENDMENT

Senate Bill No. 411.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 1161.

Amend sec. 3, page 4, line 10, after “cost” by inserting:

“of replacement as”.

Amend sec. 4, page 5, line 3, by deleting “that:”.

Amend sec. 4, pages 5 and 6, by deleting lines 4 through 43 on page 5 and lines 1 through 11 on page 6 and inserting:

“that it is more equitable to establish the valuation for assessment purposes of all types of property without considering the value of intangible personal property and that the incremental elimination of intangible personal property from the valuation and assessment of all property in the State of Nevada is desirable to allow the orderly assessment and collection of ad valorem taxes.

2. Notwithstanding the amendatory provisions of this act, intangible personal property must continue to be assessed pursuant to the provisions of chapter 361 of NRS as those provisions existed before the enactment of the amendatory provisions of this act, except that:

(a) For the fiscal year commencing July 1, 2000, the assessed value of the intangible personal property must be reduced by 5 percent;

(b) For the fiscal year commencing July 1, 2001, the assessed value of the intangible personal property must be reduced by 10 percent;

(c) For the fiscal year commencing July 1, 2002, the assessed value of the intangible personal property must be reduced by 40 percent; and

(d) For the fiscal year commencing July 1, 2003, the assessed value of the intangible personal property must be reduced by 70 percent.”.

Amend sec. 5, page 6, line 30, by deleting “the committee” and inserting:

“the committee, other representatives of local government”.

Amend sec. 5, page 7, line 20, by deleting:

“fair and equitable” and inserting:

“fair, equitable, stable and reliable”.

Amend sec. 6, page 7, by deleting lines 23 through 27 and inserting:

“Sec. 6. 1. This act becomes effective July 1, 1999.

2. Section 4 of this act expires by limitation on June 30, 2004.”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 27, 1999

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day appointed Senators Shaffer, Amodei and Townsend as a first Conference Committee concerning Senate Bill No. 128.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Connell, Rhoads and Townsend as a first Conference Committee concerning Senate Bill No. 133.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Porter, McGinness and Care as a first Conference Committee concerning Senate Bill No. 322.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Porter, Care and Titus as a first Conference Committee concerning Senate Bill No. 360.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Connell, Porter and Care as a first Conference Committee concerning Senate Bill No. 391.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Carlton, Rhoads and Amodei as a first Conference Committee concerning Senate Bill No. 423.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Connell, Porter and Care as a first Conference Committee concerning Senate Bill No. 475.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Connell, Porter and Care as a first Conference Committee concerning Senate Bill No. 500.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Connell, Porter and Care as a first Conference Committee concerning Senate Bill No. 530.

Mary Jo Mongelli

Assistant Secretary of the Senate

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 293, 321, 525, 631; Assembly Resolution No 9; Senate Bills Nos. 30, 31, 47, 68, 152, 191, 203, 210, 263, 323, 372, 387, 436, 470, 473, 508, 521.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Joseph Gilbert and Conrad Wright.

On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Roland Cortes and Lynell Cortes.

On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Gary Hollis.

On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Niel Aronson, Ignacio Cervantes, Tyson Curran, Sam Friesen, Chase Fuller, Daniel Jacobsen, Michael Lawrence, Rob Valerius, Derek Wood, Adam Hughes, Josh Anderson, Stephanie Adamson, Samantha Hilke, Dyla Duckworth, Amanda Howard, Kadie Huffman, Nikki Johnson, Danielle Sheaf, Kaitlin Savcedo, Meslissa Wehr, Eric Jackson, Aaron Avery, Mitchell Conway, James Hamilton, Shaun Kennedy, Eric Mayurga, Philip Lee, Kyle Walker, Zaik Werner, Patrick Thielen, Dakota Wood, Samedi Barnes, Carnyn Butz, Lea Cartwright, Amanda Clardy, Jueyneline Johnson, Megan Villines, Meghan Taylor, Christy Works, Kassandra Sing, Tiffany Hammer and James Wheeler.

On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Paul C. Fisher and Carrie Fisher.

Assemblyman Perkins moved that the Assembly adjourn until Friday, May 28, 1999, at 11:00 a.m.

Motion carried.

Assembly adjourned at 6:06 p.m.

Approved: Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Jacqueline Sneddon