THE ONE HUNDRED AND SEVENTEENTH DAY

                               

 

Carson City (Friday), May 28, 1999

    Assembly called to order at 12:07 p.m.

    Mr. Speaker presiding.

    Roll called.

    All present except Assemblywoman Evans, who was excused.

    Prayer by the Chaplain, Reverend Elaine Ludlum Morgan.

    Lord, as this Memorial Day weekend begins, we remember in gratitude the many men and women who have given their lives for their country.  We remember especially those men and women from the State of Nevada who made the greatest of all sacrifices—the giving of their lives for others.  Help us, Lord, to offer prayers of thanksgiving each day of this weekend.  And, Lord, we pray that You will protect especially those who are traveling to and from Nevada during these next few days.  May Your Holy Spirit continually remind us during these next few days, especially, of how much we owe so many and of the need of Your protection for all who travel.                                                                      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 Commerce and Labor, to which was referred Senate Joint Resolution No. 22, has had the same under consideration, and begs leave to report the same back with the recommendation: Without recommendation.

Barbara E. Buckley, Chairman

Mr. Speaker:

    Your Committee on Elections, Procedures, and Ethics, to which was referred Senate Bill No. 432, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Ways and Means.

Chris Giunchigliani, Chairman

Mr. Speaker:

    Your Committee on Ways and Means, to which were referred Senate Bills Nos. 280, 305, 401, 443, 504, 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 were re-referred Assembly Bill No. 72; Senate Bills Nos.  469, 481, 485, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman


MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Perkins moved that Assembly Bill No. 72 and Senate Bills Nos. 481 and 485 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. 280, 305, 401, 443, 469, 504; and Senate Joint Resolution No. 22 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 Assembly and Senate bills and Joint Resolutions on Second Reading and the General File be dispensed with for this legislative day.

    Motion carried.

    Mr. Speaker announced that if there were no objections, the Assembly would recess for the purpose of hearing John M. Kubiak.

    Assembly in recess at 12:15 p.m.

ASSEMBLY IN SESSION

    At 12:16 p.m.

    Mr. Speaker presiding.

    Quorum present.

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Joint Resolution No. 5 of 69th Session.

    The following Senate amendment was read:

    Amendment No. 1093.

    Amend the resolution, pages 1 and 2, by deleting lines 5 through 18 on page 1 and lines 1 through 27 on page 2, and inserting:

    “Sec. 29A.  The Legislature shall adjourn sine die each:

    1.  Regular session in an:

    (a) Odd-numbered year not later than midnight Pacific standard time 120 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 120th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.

    (b) Even-numbered year not later than midnight Pacific standard time 45 calendar days following its commencement. Any legislative action takenafter midnight Pacific standard time on the 45th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.

    2.  Special session not later than midnight Pacific standard time 20 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 20th calendar day is void.

    Sec. 2.  1.  [The]Except as otherwise provided in subsection 2, thesessions of the Legislature shall be [biennial,]annual, and shall commence on the [1st Monday of February following the election of members of the Assembly, unless the Governor of the State shall, in the interim, convene the Legislature by proclamation.

    2.  The Legislature shall adjourn sine die each regular session not later than midnight Pacific standard time 120 calendar days following its commencement. Any legislative action taken after midnight Pacific standard time on the 120th calendar day is void, unless the legislative action is conducted during a special session convened by the Governor.]first Monday of:

    (a) February in odd-numbered years; and

    (b) March in even-numbered years.

    2.  The Governor, by proclamation:

    (a) May convene the Legislature for a special session not to exceed 20 calendar days in accordance with section 9 of article 5 of this constitution.

    (b) Shall convene the Legislature for a special session not to exceed 20 calendar days not later than 45 calendar days after receipt of a petition by two-thirds of the members elected to each House calling for a special session and setting forth the topics for consideration during the special session. If the Legislature is convened for a special session pursuant to this paragraph, the Governor may add to the list of topics to be considered by the Legislature during that special session.

    3.  The Governor shall submit :

    (a) In odd-numbered years, the proposed executive budget ; and

    (b) In even-numbered years, any proposed appropriations or proposed revisions to the executive budget,

to the Legislature not later than [14]30 calendar days before the commencement of each regular session.

    [Sec:] Sec. 33.  The members of the Legislature shall receive for their services, a compensation to be fixed by law and paid out of the public treasury, for [not to exceed 60 days]each calendar day of service during any regular session of the legislature and [not to exceed 20 days] during any special session convened by the governor; but no increase of such compensation shall take effect”.

    Amend the resolution, page 2, by deleting lines 40 through 42 and inserting:

    “[Sec:] Sec. 9.  The Governor may on extraordinary occasions, convene the Legislature by Proclamation for a special session not to exceed 20calendar daysand shall state to both houses when organized, the purpose for”.

    Amend the resolution, page 3, line 9, by deleting “, [and]” and inserting “, [and]”.

    Amend the resolution, page 3, by deleting lines 20 through 23 and inserting:

“secretary of state before beginning circulation and not earlier than [January 1 of the year preceding the year in which a regular session of the legislature is held.]1 year before the date on which the Legislature to which the petition will be transmitted commences its regular session. After its circulation, it”.

    Amend the resolution, page 4, line 13, after “law.” by inserting:

If at the session of the legislature to which an initiative petition proposing an amendment to a statute is presented which the legislature rejects or upon which it takes no action, the legislature amends the statute which the petition proposes to amend in a respect which does not conflict in substance with the proposed amendment, the secretary of state in submitting the statute to the voters for approval or disapproval of the proposed amendment shall include the amendment made by the legislature.”.

    Amend the resolution, page 4, line 35, by deleting “shall” and inserting:

“shall, unless precluded by subsection 5 or 6,”.

    Amend the resolution, page 4, between lines 37 and 38, by inserting:

    “5.  If two or more measures which affect the same section of a statute or of the constitution are finally approved pursuant to this section, or an amendment to the constitution is finally so approved and an amendment proposed by the legislature is ratified which affect the same section, by the voters at the same election:

    (a) If all can be given effect without contradiction in substance, each shall be given effect.

    (b) If one or more contradict in substance the other or others, the measure which received the largest favorable vote, and any other approved measure compatible with it, shall be given effect. If the one or more measures that contradict in substance the other or others receive the same number of favorable votes, none of the measures that contradict another shall be given effect.

    6.  If, at the same election as the first approval of a constitutional amendment pursuant to this section, another amendment is finally approved pursuant to this section, or an amendment proposed by the legislature is ratified, which affects the same section of the constitution but is compatible with the amendment given first approval, the secretary of state shall publish and resubmit at the next general election the amendment given first approval as a further amendment to the section as amended by the amendment given final approval or ratified. If the amendment finally approved or ratified contradicts in substance the amendment given first approval, the secretary of state shall not submit the amendment given first approval to the voters again.”.

    Amend the resolution, page 4, by deleting lines 43 and 44 and inserting:

“annual session and each special session, compensation for each calendar day of service.”.

    Amend the resolution by deleting the text of repealed section and adding a new text of repealed section, following the resolution, to read as follows:

    TEXT OF REPEALED SECTION

    Sec: 12.  Commencement date of first three legislative sessions; regular sessions of legislature to be held biennially.  The first regular session of the Legislature shall commence on the second Monday of December A.D. Eighteen hundred and Sixty Four, and the second regular session of the same shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Six; and the third regular session of the Legislature shall be the first of the biennial sessions, and shall commence on the first Monday of January A.D. Eighteen hundred and Sixty Seven; and the regular sessions of the Legislature shall be held thereafter biennially.”.

    Assemblyman Price moved that the Assembly do not concur in the Senate amendment to Assembly Joint Resolution No. 5 of the 69th Session.

    Remarks by Assemblyman Price.

    Motion carried.

    Bill ordered transmitted to the Senate.

Reports of Conference Committees

Mr. Speaker:

    The First Conference Committee concerning Assembly Bill No. 527, consisting of the undersigned members, has met, and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA5, which is attached to and hereby made a part of this report.

Mark A. Manendo

Raymond D. Rawson

P. M. "Roy" Neighbors

Joseph M. Neal, Jr.

Dawn Gibbons

Bernice Mathews

Assembly Conference Committee

Senate Conference Committee

 

    Conference Amendment No. CA5.

    Amend the bill as a whole by renumbering sec. 5 as sec. 6 and adding a new section designated sec. 5, following sec. 4, to read as follows:

    “Sec. 5.  It is the intent of the Legislature in enacting section 3 of this act that gifts, grants, donations and clinical fees be used to pay the principal and interest on the bonds issued pursuant to section 3 of this act for the construction and operation of the facilities authorized by the section. This act does not obligate the use of money from the state general fund other than any portion of the clinical fees that is derived from money appropriated for Nevada Medicaid or the Children’s Health Insurance Program.”.

    Assemblyman Manendo moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 527.

    Remarks by Assemblyman Manendo.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

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

    Remarks by Assemblyman Williams.

    Motion carried.

    Assemblyman Goldwater moved that Senate Bill No. 411 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Goldwater.

    Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 130.

    The following Senate amendment was read:

    Amendment No. 1080.

    Amend the bill as a whole by deleting sections 1 through 7, renumbering sections 8 and 9 as sections 17 and 18 and adding new sections designated sections 1 through 16, following the enacting clause, to read as follows:

    “Section 1.  Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Each report of expenses or expenditures required pursuant to NRS 294A.125, 294A.200, 294A.210, 294A.220 and 294A.280 must consist of a list of the expenses incurred or expenditures made during the periods for reporting. The list must state the category and amount of the expense or expenditure and the approximate date on which the expense was incurred or the expenditure was made.

    2.  The categories of expense or expenditure for use on the report of expenses or expenditures are:

    (a) Office expenses;

    (b) Expenses related to volunteers;

    (c) Expenses related to travel;

    (d) Expenses related to advertising;

    (e) Expenses related to paid staff;

    (f) Expenses related to consultants;

    (g) Expenses related to polling;

    (h) Expenses related to special events;

    (i) Goods and services provided in kind for which money would otherwise have been paid; and

    (j) Other miscellaneous expenses related to the campaign.

    Sec. 2.  NRS 294A.120 is hereby amended to read as follows:

    294A.120 1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than:

    (a) Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 12 days before the primary election;

    (b) Seven days before the general election, whether or not the candidate won the primary election, for the period from 12 days before the primary election up to 12 days before the general election; and

    (c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,

[report the total amount of his] list each of the campaign contributions he receives during the period on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

    2.  Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:

    (a) Seven days before the special election, for the period from his nomination up to 12 days before the special election; and

    (b) Thirty days after the special election, for the remaining period up to the special election,

[report the total amount of his]list each of the campaign contributions he receives during the period on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

    3.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall [report the total amount of his] list each of the campaign contributions he receives on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 30 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to the special election.

    4.  Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    5.  Every county clerk who receives from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to subsection 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.

    6.  [Each]The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period . [must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form provided by the secretary of state.]The form designed and provided by the secretary of state for the reporting of contributions pursuant to this section must be designed to be used by a candidate to record in the form of a list each campaign contribution as he receives it.

    Sec. 3.  NRS 294A.125 is hereby amended to read as follows:

    294A.125 1.  In addition to complying with the requirements set forth in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives contributions in any year before the year in which the general election or general city election in which the candidate intends to seek election to public office is held, shall, not later than December 31 of:

    (a) The year in which he receives contributions in excess of $10,000, [report the total contributions received.] list each of the contributions he receives during the period.

    (b) Each year after the year in which he received contributions in excess of $10,000, until the year of the general election or general city election in which the candidate intends to seek election to public office is held, [report] list each of the contributions received and the expenditures made in that year.

    2.  The reports required by subsection 1 must be submitted on a form designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

    3.  [Each]The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions that a contributor has made cumulatively in excess of that amount . [must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form provided by the secretary of state. Each expenditure in excess of $100 and expenditures that the candidate made cumulatively in excess of that amount must be separately identified with the date of the expenditure, tabulated and reported on the form provided by the secretary of state.] The forms designed and provided by the secretary of state for the reporting of contributions and expenditures pursuant to this section must be designed to be used by a candidate to record in the form of a list each campaign contribution as he receives it and each expenditure as it is made.

    4.  The report must be filed with the secretary of state.

    Sec. 4.  NRS 294A.140 is hereby amended to read as follows:

    294A.140 1.  Every person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group, and every committee for political action, political party and committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates shall, not later than:

    (a) Seven days before a primary election or primary city election, for the period from 30 days after the last election for that office to 12 days before the primary election or primary city election;

    (b) Seven days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from 12 days before the primary election or primary city election to 12 days before the general election or general city election; and

    (c) The 15th day of the second month after the general election or general city election, for the remaining period up to 30 days after the general election or general city election,

[report the total amount] list each of the contributions received during the period on the form designed and provided by the secretary of state and shall sign the report under penalty of perjury.

    2.  The [report of campaign contributions must identify] name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100[. Contributions] and contributions which a contributor has made cumulatively in excess of $100 since the beginning of the first reporting period . [must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form designed and provided by the secretary of state.] The form designed and provided by the secretary of state for the reporting of contributions pursuant to this section must be designed to be used by the person, committee for political action, political party or committee sponsored by a political party to record in the form of a list each contribution as it is received.

    3.  If the candidate is elected from one county, the reports must be filed with the county clerk of that county. If the candidate is elected from one city, the reports must be filed with the city clerk of that city. For all other candidates the reports must be filed with the secretary of state. A person or entity may file the report with the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    4.  Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.

    Sec. 5.  NRS 294A.150 is hereby amended to read as follows:

    294A.150 1.  Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election shall, not later than:

    (a) Seven days before a primary election or primary city election, for the period from 30 days after the last general election to 12 days before the primary election or primary city election;

    (b) Seven days before a general election or general city election, for the period from 12 days before the primary election or primary city election to 12 days before the general election or general city election; and

    (c) The 15th day of the second month after the general election or general city election, for the remaining period up to 30 days after the general election or general city election,

[report the total amount] list each of the contributions received during the period on the form designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury.

    2.  [Each]The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period . [must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form provided by the secretary of state.] The form designed and provided by the secretary of state for the reporting of contributions pursuant to this section must be designed to be used to record in the form of a list each contribution as it is received.

    3.  If the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. If the question is submitted to the voters of only one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If the person or group of persons is advocating passage or defeat of a group of questions, the reports must be made to the officer appropriate for each question and must be itemized by question.

    4.  Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.

    Sec. 6.  NRS 294A.200 is hereby amended to read as follows:

    294A.200 1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than:

    (a) Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 12 days before the primary election;

    (b) Seven days before the general election, whether or not the candidate won the primary election, for the period from 12 days before the primary election up to 12 days before the general election; and

    (c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,

[report his] list each of the campaign expenses he incurs during the period on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

    2.  Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:

    (a) Seven days before the special election, for the period from his nomination up to 12 days before the special election; and

    (b) Sixty days after the special election, for the remaining period up to 30 days after the special election,

[report his] list each of the campaign expenses he incurs during the period on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

    3.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall [report his] list the campaign expenses he incurs on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 60 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to 30 days after the special election.

    4.  Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    5.  County clerks who receive from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to subsection 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.

    6.  The forms designed and provided by the secretary of state for the reporting of campaign expenses pursuant to this section must be designed to be used by a candidate to record in the form of a list each campaign expense as he incurs it.

    Sec. 7.  NRS 294A.210 is hereby amended to read as follows:

    294A.210 1.  Every person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group, and every committee for political action, political party or committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates shall, not later than:

    (a) Seven days before a primary election or primary city election, for the period from 30 days after the last election for that office to 12 days before the primary election or primary city election;

    (b) Seven days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from 12 days before the primary election or primary city election to 12 days before the general election or general city election; and

    (c) The 15th day of the second month after a general election or general city election, for the remaining period up to 30 days after the general election or general city election,

[report the expenditures] list each expenditure made during the period on behalf of a candidate or group of candidates in excess of $100 on forms designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury. The report must also include identification of expenditures which the person or group made cumulatively in excess of $100 since the beginning of the first reporting period.

    2.  Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report.

    3.  If the candidate is elected from one county, the reports must be filed with the county clerk of that county. If the candidate is elected from one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of candidates, the reports must be made to the officer appropriate for each candidate and itemized by the candidate. A person may make his report to the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    4.  Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.

    5.  The forms designed and provided by the secretary of state for the reporting of expenditures pursuant to this section must be designed to be used by the person or representative of the group to record in the form of a list each expenditure as it is made.

    Sec. 8.  NRS 294A.220 is hereby amended to read as follows:

    294A.220 1.  Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election shall, not later than:

    (a) Seven days before a primary election or primary city election, for the period from 30 days after the last general election to 12 days before the primary election or primary city election;

    (b) Seven days before a general election or general city election, for the period from 12 days before the primary election or primary city election to 12 days before the general election or general city election; and

    (c) The 15th day of the second month after the general election or general city election, for the remaining period up to 30 days after the general election or general city election,

[report expenditures] list each expenditure made during the period on behalf of or against a question or group of questions on the ballot in excess of $100 on the form designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury. The report must also include the identification of expenditures which the person or group made cumulatively in excess of $100 since the beginning of the first reporting period.

    2.  Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report.

    3.  If the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. If the question is submitted to the voters of only one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of questions, the reports must be made to the officer appropriate for each question and must be itemized by question. A person may make his report to the appropriate filing officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    4.  Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.

    5.  The form designed and provided by the secretary of state for the reporting of expenditures pursuant to this section must be designed to be used by the person or representative of the group to record in the form of a list each expenditure as it is made.

    Sec. 9.  NRS 294A.270 is hereby amended to read as follows:

    294A.270 1.  Except as otherwise provided in subsection 3, each committee for the recall of a public officer shall, not later than:

    (a) Seven days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to 12 days before the special election; and

    (b) Thirty days after the election, for the remaining period up to the election,

[report] list each contribution received or made by the committee in excess of $100 on a form provided by the secretary of state and signed under penalty of perjury.

    2.  If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, [report] list each contribution received or made by the committee in excess of $100.

    3.  If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, [report] list each contribution received or made by the committee in excess of $100.

    4.  Each report of contributions must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    5.  [Each]The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution, whether from or to a natural person, association or corporation, in excess of $100 and contributions which a contributor or the committee has made cumulatively in excess of that amount since the beginning of the first reporting period . [must be separately identified with the name and address of the contributor or person to whom the contribution was given and the date of the contribution, tabulated and reported on the form provided by the secretary of state.] The form designed and provided by the secretary of state for the reporting of contributions pursuant to this section must be designed to be used by the committee to record in the form of a list each contribution as it is received or made.

    Sec. 10.  NRS 294A.280 is hereby amended to read as follows:

    294A.280 1.  Except as otherwise provided in subsection 3, each committee for the recall of a public officer shall, not later than:

    (a) Seven days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to 12 days before the special election; and

    (b) Thirty days after the election, for the remaining period up to the election,

[report] list each expenditure made by the committee in excess of $100 on a form provided by the secretary of state and signed under penalty of perjury.

    2.  If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, [report] list each expenditure made by the committee in excess of $100.

    3.  If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, [report] list each expenditure made by the committee in excess of $100.

    4.  The report must also include identification of expenditures which the committee for the recall of a public officer made cumulatively in excess of $100 since the beginning of the first reporting period.

    5.  Each report of expenditures must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    6.  The form designed and provided by the secretary of state for the reporting of expenditures pursuant to this section must be designed to be used by a committee to record in the form of a list each expenditure as it is made.

    Sec. 11.  NRS 294A.345 is hereby amended to read as follows:

    294A.345 1.  A person shall not, with actual malice and the intent to impede the success of the campaign of a candidate, [cause] impede the success of the candidate by causing to be published a false statement of fact concerning the candidate, including, without limitation, statements concerning:

    (a) The education or training of the candidate.

    (b) The profession or occupation of the candidate.

    (c) Whether the candidate committed, was indicted for committing or was convicted of committing a felony or other crime involving moral turpitude, dishonesty or corruption.

    (d) Whether the candidate has received treatment for a mental illness.

    (e) Whether the candidate was disciplined while serving in the military or was dishonorably discharged from service in the military.

    (f) Whether another person endorses or opposes the candidate.

    (g) The record of voting of a candidate if he formerly served or currently serves as a public officer.

    2.  [A person shall not, with actual malice and the intent to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, cause to be published a false statement of fact concerning the question on the ballot.

    3.] Any candidate who alleges that a false statement of fact concerning the candidate has been published in violation of subsection 1[, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a false statement of fact has been published in violation of subsection 2,] may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive, and NRS 281.477. The commission shall give priority to such a request over all other matters pending with the commission.

    [4.] 3. A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.

    [5.] 4. As used in this section:

    (a) “Actual malice” means knowledge of the falsity of a statement or reckless disregard for whether a statement is true or false.

    (b) “Publish” means the act of printing, posting, broadcasting, mailing, speaking or otherwise disseminating.

    Sec. 12.  NRS 294A.360 is hereby amended to read as follows:

    294A.360 1.  Every candidate for city office where the general city election is preceded by a primary city election shall file the reports in the manner required by NRS 294A.120, 294A.200 and 294A.350 for other offices not later than:

    (a) Seven days before the primary city election, for the period from 30 days after the last election for that office up to 12 days before the primary city election;

    (b) Seven days before the general city election, whether or not the candidate won the primary city election, for the period from 12 days before the primary city election up to 12 days before the general city election; and

    (c) The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.

    2.  Every candidate for city office where there is no primary city election shall so file those reports:

    (a) Seven days before the general city election, for the period from 30 days after the last election for that office up to 12 days before the general city election; and

    (b) The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.

    3.  The city clerk shall design the form for each report a candidate for city office is required to file pursuant to NRS 294A.120 and 294A.200. The form designed and provided by the city clerk for the reporting of campaign contributions and campaign expenses pursuant to this section must be designed to be used to record in the form of a list each campaign contribution as it is made and each campaign expense as it is incurred.

The city clerk shall submit the form to the secretary of state for approval. The city clerk shall not use such a form until it is approved.

    Sec. 13.  NRS 294A.380 is hereby amended to read as follows:

    294A.380 The secretary of state may adopt and promulgate regulations, prescribe forms in accordance with the provisions of this chapter and take such other actions as are necessary for the implementation and effective administration of the provisions of this chapter.

    Sec. 14.  NRS 281.477 is hereby amended to read as follows:

    281.477 1.  If a request for an opinion is filed with the commission pursuant to NRS 294A.345 or 294A.346, the commission shall conduct a public hearing on the request. Except as otherwise provided in subsection 6, the hearing must be held as expeditiously as possible, but not later than 15 days after the receipt of the request for the opinion.

    2.  Such a request must be accompanied by all evidence and arguments to be offered by the requester concerning the issues related to the request. Except as otherwise provided in this subsection, if such evidence and arguments are not submitted with the request, the commission may:

    (a) Draw any conclusions it deems appropriate from the failure of the person or group of persons requesting the opinion to submit the evidence and arguments, other than a conclusion that a person alleged to have violated NRS 294A.345 acted with actual malice; and

    (b) Decline to render an opinion.

The provisions of this subsection do not prohibit the commission from considering evidence or arguments presented by the requester after submission of the request for an opinion if the commission determines that consideration of such evidence or arguments is in the interest of justice.

    3.  The commission shall immediately notify any person alleged to have violated NRS 294A.345 or 294A.346 that such an opinion has been requested by the most expedient means possible. If notice is given orally by telephone or in any other manner, a second notice must be given in writing [no] not later than the next calendar day by facsimile machine or overnight mail. The notice must include the time and place of the commission’s hearing on the matter.

    4.  A person notified pursuant to subsection 3 shall submit a response to the commission [no] not later than [at] the close of business on the second business day following the receipt of the notice. The response must be accompanied by any evidence concerning the issues related to the request that the person has in his possession or may obtain without undue financial hardship. Except as otherwise provided in this subsection, if such evidence is not submitted within that time, the commission may:

    (a) Draw any conclusions it deems appropriate from the failure of that person to submit the evidence and argument; and

    (b) Prohibit that person from responding and presenting evidence at the hearing.

The provisions of this subsection do not prohibit the commission from allowing that person to respond and present evidence or arguments, or both, after the close of business on the second business day if the commission determines that consideration of such evidence or arguments is in the interest of justice.

    5.  Except as otherwise provided in subsection 4, the commission shall allow any person alleged to have violated NRS 294A.345 or 294A.346 to:

    (a) Be represented by counsel; and

    (b) Hear the evidence presented to the commission and respond and present evidence on his own behalf.

    6.  At the request of:

    (a) The person or group of persons that filed the request for the opinion pursuant to NRS 294A.345 or 294A.346; or

    (b) The person alleged to have violated the provisions of NRS 294A.345 or 294A.346,

the commission may grant a continuance of a hearing held pursuant to the provisions of this section upon a showing of the existence of extraordinary circumstances that would prohibit the commission from rendering a fair and impartial opinion. A continuance may be granted for not more than 15 days. Not more than one continuance may be granted by the commission pursuant to this subsection.

    7.  The person or group of persons that filed the request for the opinion pursuant to NRS 294A.345 or 294A.346 has the burden of proving the elements of the offense, including that a person alleged to have violated NRS 294A.345 acted with actual malice. The existence of actual malice may not be presumed. A final opinion of the commission rendered pursuant to this section must be supported by clear and convincing evidence. In addition to the other requirements for issuing an opinion pursuant to this subsection, the commission shall not render a final opinion determining that a person has violated NRS 294A.345 unless the commission makes specific findings that:

    (a) The person caused to be published a false statement of fact concerning a candidate;

    (b) The person acted with actual malice in causing the false statement to be published;

    (c) The person acted with the intent to impede the success of the campaign of the candidate in causing the false statement to be published; and

    (d) The publication of the false statement did in fact impede the success of the campaign of the candidate.

    8.  The commission shall render its opinion, or decline to render an opinion, as expeditiously as possible, but not later than 3 days after the date of the hearing. If additional time is required to determine the state of mind or the intent of the person alleged to have violated the provisions of NRS 294A.345 or 294A.346 or to determine the amount of any civil penalty that may be imposed pursuant to NRS 281.551, the commission may continue its jurisdiction to investigate those issues but shall render its opinion as to the truth or falsity of the statement made concerning the candidate or the ballot question or its opinion as to whether the person impeded the success of the campaign or induced another person to impede the success of the campaign. If the commission continues its jurisdiction pursuant to this subsection, it may render a final opinion after the time set forth in this subsection.

    9.  A final opinion of the commission rendered pursuant to this section is subject to judicial review pursuant to NRS 233B.130. The district court shall give a petition for judicial review of a final opinion of the commission priority over other civil matters that are not expressly given priority by law. Notwithstanding the provisions of NRS 233B.130, the court may provide for such expedited review of the final opinion, including shortened periods for filing documents, as it deems appropriate for the circumstances.

    10.  Each request for an opinion filed pursuant to NRS 294A.345 or 294A.346, each opinion rendered by the commission pursuant thereto and any motion, evidence or record of a hearing relating to the request are public and must be open to inspection pursuant to NRS 239.010.

    11.  For the purposes of NRS 41.032, the members of the commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking any action related to the rendering of an opinion pursuant to this section.

    12.  Except as otherwise provided in this section, a meeting or hearing held by the commission to carry out the provisions of this section and the commission’s deliberations on the information or evidence are not subject to any provision of chapter 241 of NRS.

    13.  As used in this section:

    (a) “Actual malice” has the meaning ascribed to it in NRS 294A.345.

    (b) “Publish” has the meaning ascribed to it in NRS 294A.345.

    Sec. 15.  NRS 281.551 is hereby amended to read as follows:

    281.551 1.  In addition to any other penalty provided by law, the commission may impose on a public officer or employee or former public officer or employee civil penalties not to exceed $5,000 for a willful violation of this chapter.

    2.  In addition to other penalties provided by law, the commission may impose a civil penalty not to exceed $5,000 and assess an amount equal to the amount of attorney’s fees and costs actually and reasonably incurred by the person about whom an opinion was requested pursuant to NRS 281.511, against a person who:

    (a) Submits to the commission, in bad faith or with a vexatious purpose, an accusation or information that is false;

    (b) Submits to the commission, in connection with a request for an opinion that the commission determines to be without merit, an accusation or information that is false; or

    (c) Prevents, interferes with or attempts to prevent or interfere with the discovery or investigation of a violation of this chapter.

    3.  If the commission finds that a violation of a provision of this chapter by a public officer or employee or former public officer or employee has resulted in the realization by another person of a financial benefit, the commission may, in addition to other penalties provided by law, require the current or former public officer or employee to pay a civil penalty of not more than twice the amount so realized.

    4.  Except as otherwise provided in this subsection, and in addition to any other penalty provided by law, the commission may impose on any person who violates any provision of NRS 294A.345 or 294A.346 a civil penalty not to exceed $10,000. [If] Except as otherwise provided in this subsection, if the commission finds that a violation of NRS 294A.345 or 294A.346 occurred within 10 days before an election, including any recall or special election, the commission may impose on the person who committed such a violation a civil penalty not to exceed $30,000. The commission shall not impose a civil penalty for a violation of NRS 294A.345 unless the commission has made the specific findings required pursuant to subsection 7 of NRS 281.477.

    5.  If the commission finds that a violation of this chapter has been committed by a public officer removable from office by impeachment only, it shall file a report with the appropriate person responsible for commencing impeachment proceedings as to its finding. The report must contain a statement of the facts alleged to constitute the violation.

    6.  An action taken by a public officer or employee or former public officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505 is not a willful violation of a provision of those sections if the public officer or employee:

    (a) Relied in good faith upon the advice of the legal counsel retained by the public body which the public officer represents or by the employer of the public employee;

    (b) Was unable, through no fault of his own, to obtain an opinion from the commission before the action was taken; and

    (c) Took action that was not contrary to a prior opinion issued by the commission to the public officer or employee.

    7.  In addition to other penalties provided by law, a public employee who willfully violates a provision of NRS 281.481, 281.491, 281.501 or 281.505 is subject to disciplinary proceedings by his employer and must be referred for action in accordance to the applicable provisions governing his employment.

    8.  NRS 281.481 to 281.541, inclusive, do not abrogate or decrease the effect of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees.

    9.  The imposition of a civil penalty pursuant to subsections 1 to 4, inclusive, is a final decision for the purposes of judicial review.

    10.  In determining for the purposes of this section whether a person submitted an accusation or information in bad faith or with a vexatious purpose, the commission may consider various factors, including, without limitation:

    (a) When the accusation or information was filed with or provided to the commission;

    (b) Whether and, if applicable, in what manner the person who submitted the accusation or information publicly disseminated the accusation or information before the commission determined whether there was just and sufficient cause to render an opinion in the matter;

    (c) Whether the accusation or information sets forth alleged facts or details that are misleading or deceptive; and

    (d) Whether the accusation or information or the conduct of the person who submitted the accusation or information:

        (1) Would be perceived as annoying or harassing by a reasonable person; or

        (2) Demonstrates conscious disregard for the process and procedures established by the commission.

    Sec. 16.  NRS 294A.385 is hereby repealed.”.

    Amend the bill as a whole by deleting the text of repealed sections and adding the text of NRS 294A.385.

    Amend the title of the bill to read as follows:

“AN ACT relating to elections; describing the categories of expenses that must be included in certain reports of expenses and expenditures; revising various provisions governing the forms for reporting campaign contributions, expenses and expenditures; limiting the prohibition against causing to be published certain false statements of fact made during a political campaign to certain false statements of fact made about a candidate; requiring the commission on ethics to make certain specific findings before the commission may determine that a person has violated the prohibition against causing to be published certain false statements of fact about a candidate; and providing other matters properly relating thereto.”.

    Amend the summary of the bill, first line, by deleting:

“Repeals certain provisions related to” and inserting:

“Makes various changes concerning”.

    Assemblywoman Giunchigliani moved that the Assembly concur in the Senate amendment to Assembly Bill No. 130.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

    The following Senate amendment was read:

    Amendment No. 1124.

    Amend section 1, page 2, line 8, by deleting:

expenses related to the campaign.” and inserting “expenses.”.

    Assemblywoman Giunchigliani moved that the Assembly concur in the Senate amendment to Assembly Bill No. 130.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

    Bill ordered enrolled.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Arberry moved that Assembly Bill No. 521 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Arberry.

    Motion carried.

UNFINISHED BUSINESS

Recede From Assembly Amendments

    Assemblywoman Buckley moved that the Assembly do not recede from its action on Senate Bill No. 192, 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 Buckley.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Buckley, Segerblom and Hettrick as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 192.

general file and third reading

    Assembly Bill No. 368.

    Bill read third time.

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

    Amendment No. 1194.

    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 legislature hereby finds and declares that:

    (a) The deterioration of school facilities has become a grave concern in this state;

    (b) The local governments in the various portions of the state are currently faced with unique financial problems resulting from a variety of situations because in some local governments the population is rapidly increasing whereas in others the population is generally declining;

    (c) Some local governments are still attempting to rehabilitate schools that were built around the turn of the last century and others cannot build new schools quickly enough to meet the needs of the children in the district; and

    (d) Because of the unique variety of problems facing the local governments of this state a general law cannot be made applicable to ensure that children in more densely populated urban areas are provided with a safe environment which encourages learning.

    2.  The board of trustees of the Clark County School District 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 in furtherance of section 2 of this act; and

    (b) Reconstruct one existing elementary school designated by the board of trustees from among the three schools analyzed in 1998 by the board of trustees in the study entitled “Rehab vs. Replacement Study/Phase Analysis.” The board of trustees, upon designating the school to be reconstructed, shall with all deliberate speed commence the reconstruction of the designated school with a planned completion date of July 1, 2001.

    3.  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.

    4.  On or before February 1, 2001, the Clark County School District shall submit to the director of the legislative counsel bureau for transmission to the 71st session of the Nevada legislature an interim report regarding the pilot program to replace schools. The report must include, without limitation, the progress of the effort to evaluate the older schools conducted pursuant to paragraph (a) of subsection 2 of this section and the progress of the reconstruction of the designated elementary school.”.

    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 a certain school district to establish a pilot program for replacing schools; authorizing the use of certain proceeds of bonds for the pilot program; requiring the submission of 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 the adoption of the amendment.

    Remarks by Assemblyman Williams.

    Amendment adopted.

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

    Assembly Bill No. 170.

    Bill read third time.

    Remarks by Assemblymen Nolan, Freeman, Anderson, Hettrick, Collins, Tiffany, Carpenter, Giunchigliani, Price, Beers, Chowning, Manendo and Arberry.

    Assemblymen Arberry, Williams and Goldwater moved the previous question.

    Motion carried.

    The question being on the passage of Assembly Bill No. 170.

    Roll call on Assembly Bill No. 170:

    Yeas—30.

    Nays—Anderson, Angle, Brower, Claborn, Collins, Freeman, Goldwater, Ohrenschall, Thomas, Tiffany, Von Tobel—11.

    Excused—Evans.

    Assembly Bill No. 170 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 287.

    Bill read third time.

    Remarks by Assemblywoman Giunchigliani.

    Roll call on Assembly Bill No. 287:

    Yeas—38.

    Nays—Dini, Marvel—2.

    Not Voting—Chowning.

    Excused—Evans.

    Assembly Bill No. 287 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 454.

    Bill read third time.

    Remarks by Assemblyman Perkins.

    Roll call on Assembly Bill No. 454:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Assembly Bill No. 454 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 519.

    Bill read third time.

    Remarks by Assemblyman Humke.

    Roll call on Assembly Bill No. 519:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Assembly Bill No. 519 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 595.

    Bill read third time.

    Remarks by Assemblyman Hettrick.

    Roll call on Assembly Bill No. 595:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Assembly Bill No. 595 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 622.

    Bill read third time.

    Remarks by Assemblyman Claborn.

    Roll call on Assembly Bill No. 622:

    Yeas—34.

    Nays—Cegavske, Claborn, Freeman, Hettrick, Koivisto, Parnell, Von Tobel—7.

    Excused—Evans.

    Assembly Bill No. 622 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 679.

    Bill read third time.

    Remarks by Assemblywomen Giunchigliani and Tiffany.

    Roll call on Assembly Bill No. 679:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Assembly Bill No. 679 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 685.

    Bill read third time.

    Remarks by Assemblywoman Giunchigliani.

    Assemblyman Arberry moved that Assembly Bill No. 685 be taken from the General File and placed on the Chief Clerk’s desk.

    Motion carried.

    Assembly Bill No. 689.

    Bill read third time.

    Remarks by Assemblyman Collins.

    Roll call on Assembly Bill No. 689:

    Yeas—37.

    Nays—Claborn, Freeman, Marvel, Parnell—4.

    Excused—Evans.

    Assembly Bill No. 689 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 691.

    Bill read third time.

    Remarks by Assemblyman Parks.

    Roll call on Assembly Bill No. 691:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Assembly Bill No. 691 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 693.

    Bill read third time.

    Remarks by Assemblyman de Braga.

    Roll call on Assembly Bill No. 693:

    Yeas—39.

    Nays—Angle, Gustavson—2.

    Excused—Evans.

    Assembly Bill No. 693 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 694.

    Bill read third time.

    Remarks by Assemblymen de Braga, Collins and Beers.

    Roll call on Assembly Bill No. 694:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Assembly Bill No. 694 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 8.

    Bill read third time.

    Remarks by Assemblyman Hettrick.

    Roll call on Senate Bill No. 8:

    Yeas—33.

    Nays—Buckley, Carpenter, Gibbons, Goldwater, Gustavson, Parnell, Perkins, Thomas—8.

    Excused—Evans.

    Senate Bill No. 8 having received a two-thirds majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to 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.

 general file and third reading

    Senate Bill No. 363.

    Bill read third time.

    Remarks by Assemblyman Arberry.

    Roll call on Senate Bill No. 363:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Senate Bill No. 363 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.


    Senate Bill No. 511.

    Bill read third time.

    Remarks by Assemblyman Arberry.

    Roll call on Senate Bill No. 511:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Senate Bill No. 511 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 72.

    Bill read third time.

    Remarks by Assemblyman Goldwater.

    Roll call on Assembly Bill No. 72:

    Yeas—38.

    Nays—Gibbons, Tiffany—2.

    Not Voting—Arberry.

    Excused—Evans.

    Assembly Bill No. 72 having received a two-thirds majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 481.

    Bill read third time.

    Remarks by Assemblymen Giunchigliani and Nolan.

    Roll call on Senate Bill No. 481:

    Yeas—40.

    Nays—Giunchigliani.

    Excused—Evans.

    Senate Bill No. 481 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 485.

    Bill read third time.

    Remarks by Assemblymen Giunchigliani, Anderson and Price.

    Roll call on Senate Bill No. 485:

    Yeas—41.

    Nays—None.

    Excused—Evans.

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

    Bill ordered transmitted to the Senate.

    Senate Bill No. 280.

    Bill read third time.

    Remarks by Assemblyman de Braga.

    Roll call on Senate Bill No. 280:

    Yeas—38.

    Nays—Angle, Gibbons, Gustavson—3.

    Excused—Evans.

    Senate Bill No. 280 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 305.

    Bill read third time.

    Remarks by Assemblyman Arberry.

    Roll call on Senate Bill No. 305:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Senate Bill No. 305 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 401.

    Bill read third time.

    Remarks by Assemblyman Hettrick.

    Roll call on Senate Bill No. 401:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Senate Bill No. 401 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 443.

    Bill read third time.

    Remarks by Assemblymen Beers and Giunchigliani.

    Assemblywoman Giunchigliani requested that her remarks be entered in the Journal.

    Thank you, Mr. Speaker.  I wanted to note that there will be a letter of intent clarifying that the meetings would be an open, public meeting rather than just the “may” which is in there.  Rather than taking drafting time, this will be accommodated through the letter.  Also, through testimony, the issue regarding employees is addressed.   It was urged they include faculty and students in the study as well.  I just wanted to note that for the record. 

    Roll call on Senate Bill No. 443:

    Yeas—40.

    Nays—Parnell.

    Excused—Evans.

    Senate Bill No. 443 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 469.

    Bill read third time.

    Remarks by Assemblyman Arberry.

    Roll call on Senate Bill No. 469:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Senate Bill No. 469 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 504.

    Bill read third time.

    Remarks by Assemblymen Beers and Giunchigliani.

    Assemblywoman Giunchigliani requested that her remarks be entered in the Journal.

    Just as a letter of notation, this one will also have a letter of intent.

    Roll call on Senate Bill No. 504:

    Yeas—39.

    Nays—Angle, Gustavson—2.

    Excused—Evans.

    Senate Bill No. 504 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Joint Resolution No. 22.

    Resolution read third time.

    Remarks by Assemblywoman Buckley.

    Roll call on Senate Joint Resolution No. 22:

    Yeas—40.

    Nays—None.

    Not Voting—Goldwater.

    Excused—Evans.

    Senate Joint Resolution No. 22 having received a constitutional majority, Mr. Speaker declared it passed.

    Resolution ordered transmitted to the Senate.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 15, consisting of the undersigned members, has met, and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA12, which is attached to and hereby made a part of this report.

 

Ellen M. Koivisto

Maurice Washington

Chris Giunchigliani

Valerie Wiener

Barbara K. Cegavske

Mark E. Amodei

Assembly Conference Committee

Senate Conference Committee

 

    Conference Amendment No. CA12.

    Amend sec. 5.5, page 7, line 30, by deleting “392.130,” and inserting:

392.130 and only if he has completed course-work requirements,”.

    Amend sec. 14, page 14, line 32, by deleting:

“for 30 days.” and inserting:

“for at least30 days [.]but not more than 6 months.”.

    Amend sec. 14, page 15, line 9, by deleting:

“for 60 days.” and inserting:

“for at least60 days [.]but not more than 1 year.”.

    Assemblywoman Koivisto moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 15.

    Motion carried.

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 59, consisting of the undersigned members, has met, and reports that:

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

 

Kathyrn A. McClain

Maurice Washington

Jerry D. Claborn

Lawrence E. Jacobsen

Donald G. Gustavson

Valerie Wiener

Assembly Conference Committee

Senate Conference Committee

 

    Assemblywoman McClain moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 59.

    Remarks by Assemblywoman McClain.

    Motion carried.

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 238, consisting of the undersigned members, has met, and reports that:

    No decision was reached, and recommends the appointment of a second Conference Committee, to consist of 3 members, for the further consideration of the measure.

 

Sheila Leslie

Mark E. Amodei

Dawn Gibbons

Valerie Wiener

Kathyrn A. McClain

Bernice Mathews

Assembly Conference Committee

Senate Conference Committee

 

    Assemblywoman Leslie moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 238.

    Remarks by Assemblywoman Leslie.

    Motion carried.

 Appointment of Conference Committees

    Mr. Speaker appointed Assemblywomen Buckley, Gibbons and Koivisto as a second Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 238.


Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 289, consisting of the undersigned members, has met, and reports that:

    It has agreed to recommend that the amendment of the Senate be receded from.

 

Chris Giunchigliani

William R. O'Donnell

Lynn C. Hettrick

Lawrence E. Jacobsen

Richard D. Perkins

Joseph M. Neal, Jr.

Assembly Conference Committee

Senate Conference Committee

 

    Assemblywoman Giunchigliani moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 289.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 615, consisting of the undersigned members, has met, and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA8, which is attached to and hereby made a part of this report.

 

Sheila Leslie

William R. O'Donnell

Kathyrn A. McClain

Jon C. Porter

Kathy A. Von Tobel

Joseph M. Neal, Jr.

Assembly Conference Committee

Senate Conference Committee

 

    Conference Amendment No. CA8.

    Amend sec. 3, page 2, line 31, after “25” by inserting “working”.

    Amend sec. 6, page 4, line 31, after “3.” by inserting:

“The name of a candidate for partisan office for a minor political party other than a candidate for the office of President or Vice President of the United States must be placed on the ballot for the general election if the party has filed:

    (a) A certificate of existence;

    (b) A list of candidates for partisan office containing the name of the candidate pursuant to the provisions of NRS 293.1725 with the secretary of state; and

    (c) Not earlier than the first Monday in May preceding the general election and not later than 5 p.m. on the third Monday in May, a petition on behalf of the candidate with the secretary of state containing not less than:

        (1) Two hundred fifty signatures of registered voters if the candidate is to be nominated for a statewide office; or

        (2) One hundred signatures of registered voters if the candidate is to be nominated for any office except a statewide office.

A minor political party that places names of one or more candidates for partisan office on the ballot pursuant to this subsection may also place the names of one or more candidates for partisan office on the ballot pursuant to subsection 2.

    4.”.

    Amend sec. 6, page 4, line 33, by deleting “4.” and inserting “5.”.

    Amend sec. 6, page 4, line 34, after “2” by inserting:

“or paragraph (c) of subsection 3”.

    Amend sec. 7, page 4, line 37, by deleting:

“paragraph (c) of subsection 2” and inserting:

“subsection 2 or 3”.

    Amend sec. 7, page 4, by deleting line 40 and inserting:

    “(a) Bear the name of the minor political party and, if applicable, the candidate and office to which the candidate is to be nominated.”.

    Amend sec. 7, page 5, line 2, by deleting “presence; and” and inserting “presence.”.

    Amend sec. 7, page 5, by deleting lines 3 through 10 and inserting:

    “(c) Bear the name of a county and be [verified by] submitted to the county clerk of that county for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last day to file the petition . [is filed with the secretary of state pursuant to subsection 2 or 3 of NRS 293.1715.] A challenge to the form of a document must be made in a district court in the county that is named on the document.

    (d) Be signed only by registered voters of the county that is named on the document.

    2.  If the office to which the candidate is to be nominated is a county office, only the registered voters of that county may sign the petition. If the office to which the candidate is to be nominated is a district office, only the registered voters of that district may sign the petition.”.

    Amend sec. 7, page 5, line 11, by deleting “document” and inserting “petition”.

    Amend sec. 7, page 5, line 15, by deleting “this section” and inserting “subsection 3”.

    Amend sec. 7, page 5, line 16, after “county” by inserting “that is”.

    Amend sec. 8, page 5, line 19, by deleting “which” and inserting “that”.

    Amend sec. 8, page 5, line 22, by deleting “or”.

    Amend sec. 8, page 5, line 24, by deleting “293.1715,” and inserting:

“293.1715; or

    (c) Whose candidates are entitled to appear on the ballot pursuant to subsection 3 of NRS 293.1715,”.

    Amend sec. 8, page 5, line 27, by deleting:

“the last Friday in June.” and inserting:

“5 p.m. on the third Monday in May.”.

    Amend sec. 8, page 5, line 29, after “acknowledgments.” by inserting:

“The secretary of state shall strike from the list each candidate who is not entitled to appear on the ballot pursuant to subsection 3 of NRS 293.1715 if the minor political party is not entitled to place candidates on the ballot pursuant to subsection 2 of NRS 293.1715.”.

    Amend sec. 8, page 5, line 39, by deleting:

“the first Wednesday in July.” and inserting:

“5 p.m. on the third Monday in May.”.

    Amend sec. 8, page 5, line 42, by deleting “otherwise”.

    Amend sec. 8, pages 5 and 6, by deleting line 43 on page 5 and line 1 on page 6, and inserting:

“on the ballot for the general election pursuant to subsection 2 of NRS 293.1715 must file with the secretary of state a certificate of nomination for”.

    Amend sec. 9, page 6, line 10, by deleting “293.171.” and inserting:

“293.171 to 293.174, inclusive.”.

    Amend sec. 13, page 7, line 25, after “25” by inserting “working”.

    Amend sec. 13, page 7, line 28, after “(b)” by inserting:

“Either of the following:

        (1)”.

    Amend sec. 13, page 7, between lines 31 and 32, by inserting:

        “(2) A petition of candidacy signed by 250 registered voters if the candidate is a candidate for statewide office, or signed by 100 registered voters if the candidate is a candidate for any office other than a statewide office.”.

    Amend sec. 13, page 7, line 38, by deleting “which” and inserting “that”.

    Amend sec. 13, page 7, by deleting lines 39 through 43 and inserting:

“must be [verified by] submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last day to file the petition [is filed] pursuant to subsection 4. Each [signer] person who signs the petition shall add to his signature the address”.

    Amend sec. 13, page 8, by deleting line 12 and inserting:

“Monday in May.”.

    Amend sec. 13, page 8, lines 21 and 22, by deleting:

“Tuesday in August.” and inserting:

“Monday in May.”.

    Amend sec. 13, page 8, line 23, by deleting:

“Tuesday in August.” and inserting:

“Monday in May.”.

    Amend sec. 13, page 8, lines 32 and 33, by deleting:

“of the first Wednesday in July.” and inserting:

“on the third Monday in May.”.

    Amend sec. 34, page 18, line 40, after “25” by inserting “working”.

    Amend sec. 41, page 24, line 23, after “documents.” by inserting:

“The seats for city councilmen must be designated by the numbers one through four , which [number] numbers 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.”.

    Amend sec. 41, page 24, lines 25 and 26, by deleting:

“five or more candidates for the office of councilman,” and inserting:

“for a particular city council seat,”.

    Amend sec. 41, page 24, line 29, by deleting:

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

    Amend sec. 41, page 24, line 30, by deleting “mayor and” and inserting “mayor,”.

    Amend sec. 41, page 24, lines 31 and 32, by deleting:

“the names of the four candidates for city councilman” and inserting:

“each city council seat”.

    Amend sec. 41, page 24, line 34, by deleting “mayor or” and inserting “mayor,”.

    Amend sec. 41, page 24, line 35, before “receives” by inserting:

“or a city council seat”.

    Amend sec. 41, pages 24 and 25, by deleting lines 38 through 42 on page 24 and lines 1 through 6 on page 25.

    Amend the bill as a whole by adding a new section designated sec. 44, following sec. 43, to read as follows:

    “Sec. 44.  Sections 6 to 9, inclusive, 13 and 41 of this act become effective at 12:01 a.m. on October 1, 1999.”.

    Assemblywoman Leslie moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 615.

    Remarks by Assemblywoman Leslie.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Giunchigliani moved that Senate Bill No. 432 be re-referred to the Committee on Ways and Means.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Ways and Means:

    Assembly Bill No. 698—AN ACT relating to retirement; requiring the Legislative Commission to conduct an interim study of the pension plan for certain justices and judges; authorizing an expenditure by the Public Employees’ Retirement System to assist in carrying out the study; and providing other matters properly relating thereto.

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

    Motion carried.


MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 28, 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. 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 Senate Bill No. 381 and appointed Senators O'Donnell, Washington and Care as a second Conference Committee to meet with a like committee of the Assembly for further consideration of Senate Bill No. 381.

    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 Senate Bill No. 423 and appointed Senators Townsend, O'Connell and Shaffer as a second Conference Committee to meet with a like committee of the Assembly for further consideration of Senate Bill No. 423.

    Also, I have the honor to inform your honorable body that the Senate on this day refused to adopt the report of the first Conference Committee concerning Assembly Bill No. 289 and appointed Senators Rawson, Mathews and Coffin as a second Conference Committee to meet with a like committee of the Assembly for further consideration of Assembly Bill No. 289.

                                      Mary Jo Mongelli

                        Assistant Secretary of the Senate

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 477, 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. CA3, which is attached to and hereby made a part of this report.

 

Bernard Anderson

Joseph M. Neal, Jr.

John W. Marvel

Randolph J. Townsend

Vivian L. Freeman

Maurice Washington

Assembly Conference Committee

Senate Conference Committee

 

    Conference Amendment No. CA3.

    Amend section 1, page 2, line 19, after “3.” by inserting:

“All decisions, and any deliberations leading to those decisions, that are made by any body, including, without limitation, the Reno/Sparks Convention and Visitors Authority, the Truckee Meadows Tourism Facility and Revitalization Steering Committee and the Sparks Tourism and Marketing Committee, concerning the expenditure, commitment or other use of money derived from the proceeds of the tax imposed pursuant to this section must be made at a public meeting that complies with the provisions of chapter 241 of NRS, whether or not the body is determined to be a public body to which that chapter is applicable.

    4.”.

    Amend sec. 7, page 7, line 26, by deleting “on the” and inserting “on a”.

    Amend sec. 7, page 7, line 27, by deleting:

having the lowest cost,”.

    Amend sec. 8, page 7, line 32, by deleting “This” and inserting “1.  This”.

    Amend sec. 8, page 7, between lines 35 and 36, by inserting:

    “2.  Section 7 of this act expires by limitation on June 30, 2001.”.

    Assemblyman Anderson moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 477.

    Remarks by Assemblyman Anderson.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

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

    Motion carried.

    Assembly in recess at 1:57 p.m.

ASSEMBLY IN SESSION

    At 5:04 p.m.

    Mr. Speaker presiding.

    Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Ways and Means, to which were referred Assembly Bill No. 697; Senate Bill No. 236, has had the same under consideration, and begs leave to report the same back with

the recommendation: Do pass.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 28, 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. 38, 324, 673, 687; Senate Bill No. 550.

    Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 466.

    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. 59.

    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. 527.

                                      Mary Jo Mongelli

                        Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 466.

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

    Motion carried.

    Senate Bill No. 550.

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

    Motion carried.

 UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 617, consisting of the undersigned members, has met, and reports that:

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

    It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA4, which is attached to and hereby made a part of this report.

 

Greg Brower

Valerie Wiener

Sheila Leslie

Terry Care

Mark A. Manendo

Maurice Washington

Assembly Conference Committee

Senate Conference Committee

 

    Conference Amendment No. CA4.

        Amend sec. 3, page 3, by deleting lines 29 through 35 and inserting:

    (a) His arrearages for nonpayment of the child support or spousal support ordered by a court total $10,000 or more and have accrued over any period since the date that a court first ordered the defendant to provide for such support; or

    (b) It is a second or subsequent violation of subsection 1 or an offense committed in another jurisdiction that, if committed in this state, would be a violation of subsection 1, and his arrearages for nonpayment of the child support or spousal support ordered by a court total $5,000 or more and have accrued over any period since the date that a court first ordered the defendant to provide for such support.”.

    Assemblyman Brower moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 617.

    Remarks by Assemblyman Brower.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Perkins moved that Assembly Bill No. 521 be taken from the Chief Clerk’s desk and placed on the General File.

    Motion carried.

    Assemblyman Perkins moved that Assembly Bill No. 368 returned from the printer 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, Assembly Bill No. 697 and Senate Bill No. 236 considered engrossed, declared emergency measures under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

    Assemblyman Perkins moved that Assembly Bill No. 697 be taken from its position on the General File and placed at the bottom of the General File.

    Motion carried.

general file and third reading

    Assembly Bill No. 521.

    Bill read third time.

    The following amendment was proposed by Assemblyman Dini:

    Amendment No. 1203.

    Amend the bill as a whole by deleting sec. 13 and adding:

    “Sec. 13.  (Deleted by amendment.)”.

    Amend sec. 15, page 10, line 19, by deleting “$900,000” and inserting “$500,000”.

    Amend sec. 15, page 10, line 20, by deleting “$900,000” and inserting “$500,000”.

    Amend sec. 17, page 11, after line 4, by inserting:

    “4.  This act expires by limitation on July 1, 2001.”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

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

    Assembly Bill No. 368.

    Bill read third time.

    Remarks by Assemblyman Williams.

    Roll call on Assembly Bill No. 368:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Assembly Bill No. 368 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 236.

    Bill read third time.

    Remarks by Assemblywoman Giunchigliani.

    Roll call on Senate Bill No. 236:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Senate Bill No. 236 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

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

    Assembly in recess at 5:15 p.m.

ASSEMBLY IN SESSION

    At 5:44 p.m.

    Mr. Speaker presiding.

    All present except Assemblyman Price, who was excused.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Perkins moved that Assembly Bill No. 521 returned from the printer be placed on the General File.

    Motion carried.

general file and third reading

    Assembly Bill No. 697.

    Bill read third time.

    Remarks by Assemblyman Arberry.

    Roll call on Assembly Bill No. 697:

    Yeas—40.

    Nays—None.

    Excused—Evans, Price—2.

    Assembly Bill No. 697 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 521.

    Bill read third time.

    Remarks by Assemblywoman Giunchigliani.

    Roll call on Assembly Bill No. 521:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Assembly Bill No. 521 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 all rules be suspended and that all bill and joint resolutions passed this legislative day be immediately transmitted to the Senate.

    Motion carried unanimously.

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 635.

    The following Senate amendment was read:

    Amendment No. 1002.

    Amend sec. 21, page 5, line 6, by deleting “679B.287” and inserting:

679B.230 to 679B.287, inclusive,”.

    Amend sec. 31, page 9, line 14, by deleting “679B.287” and inserting:

679B.230 to 679B.287, inclusive,”.

    Amend sec. 32, page 9, line 16, after “Sec. 32.” by inserting “1.”.

    Amend sec. 32, page 9, line 19, by deleting “1.” and inserting “(a)”.

    Amend sec. 32, page 9, line 20, by deleting “(a)” and inserting “(1)”.

    Amend sec. 32, page 9, line 21, by deleting “(b)” and inserting “(2)”.

    Amend sec. 32, page 9, line 23, by deleting “(c)” and inserting “(3)”.

    Amend sec. 32, page 9, line 26, by deleting “(d)” and inserting “(4)”.

    Amend sec. 32, page 9, line 27, by deleting “(e)” and inserting “(5)”.

    Amend sec. 32, page 9, line 29, by deleting “(f)” and inserting “(6)”.

    Amend sec. 32, page 9, line 31, by deleting “(g)” and inserting “(7)”.

    Amend sec. 32, page 9, line 35, by deleting “(h)” and inserting “(8)”.

    Amend sec. 32, page 9, line 36, by deleting “2.” and inserting “(b)”.

    Amend sec. 32, page 9, between lines 37 and 38, by inserting:

    “2.  The provisions of NRS 679B.310 to 679B.370, inclusive, apply to hearings conducted pursuant to this section.”.

    Amend sec. 34, page 10, by deleting lines 21 and 22 and inserting:

compliance with NRS 681A.140 to 681A.240, inclusive.”.

    Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 635.

    Remarks by Assemblywoman Buckley.

    Motion carried.

    Bill ordered enrolled.

Recede From Assembly Amendments

    Assemblywoman Buckley moved that the Assembly do not recede from its action on Senate Bill No. 417, 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.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Giunchigliani, Goldwater and Beers as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 417.

 MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 28, 1999

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 380, Amendments Nos. 833, 1162; Assembly Bill No. 480, Amendment No. 1191, and respectfully requests your honorable body to concur in said amendments.

                                      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. 193, 269, 323, 342, 686; Assembly Joint Resolutions Nos. 22, 24; Assembly Concurrent Resolutions Nos. 23, 60, 73; Senate Joint Resolution No. 12 of the 69th Session.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Matthew Webber, Brandy Souza, Stephanie Line and Denton Gehr.

    On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to William Fitzgerald.

    On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Barbara Bowers, Neel Dhingra, Jennifer Duvall, Emiley Ginn, Steven Jessop, Jennifer Parker, Chrystal Shearer, Dani Smith, Brandy Souza, Matthew Whiting, Jung Woo, Courtney Bnarnet, Nicole Barton, Echo Battye, Katrina Brown, Michael Ganschow Green, Danielle Gravelle, Cynthia Hernandez, Amber Long, SamuelPeters, Scott Reimers, Kimberly Sorum, Christiana Sprenger, Valerie Bischoff, Jeremy Capurro, Nicole Clardy, Jessica Erling, Aaron Fierce, Travis Jensen, Kyleigh Kneller, Nicole Werdahl, Crissta Wetzel, Ashlee Bacon, Andrew Blicharz, Cynthia Crow, Katy Hanson, Cynthia Heard, Samantha Horning, Heather Myers, Krista Salazar, Holly Schuster, Danylle Springer, Jennifer Thomas, Suzanne Gresham/Green, Sarah Hicks, Stephanie Line, Joseph Sears, Krystal Stieger, Aaron Tatar, Kari Barnes, Irene Mejia-Reyes, Warren Stokes, Tara Tieri, Matthew Webber, Chawna Wipf, Denton Gehr, Stephanie Hartmann, Patricia Gehr and Ken Henry.

    On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Cooper Bennett, Phillip Betteridge, Heather Boni, Taylor Criddle, Heather Eastwood, Laura Estrada, Kenny Keeler, Laura Howick, Linda Galvin, Harold Gudmundsen, Josh Halen, Andrew Higbee, Nathalie Lara, Ricardo Montes, Sarah Morton, Alexis Martinez, Jacob Peterson, Misha Ray, Elizabeth Robinson, LaShauna Godorick-Ross, Brett Snyder, Amanda Stephen, Logan Thomason, Kalyn Whitmore, Aaron Wirthlin, Gary Brown, Katie Brown, Sean Brown, Kelby Casale, Chris Cassady, Wil Cooney, Sara Garner, Meg Gast, Maria Guteriez, Terryn Herrera, Chantel Jarrett, Eric Kerr, Sasha Locke, Julie Morales, Casey Nelson, Meghan O’Brien, Megan Odum, Sophia Rivera, Justin Smartt, Eric Vance, Melissa Waterson, Alex Wayson, Lucas Alexander, Jilliann Cox, Kristin Crnkovich, Citlalli Diaz, Marco Diaz, Efren Gallarzo, Anthony Guercio, Cristal Herrera, Daisian Hunt, Sarah Jensen, Nerissa Kittilson, Amelia Mackinnon, John Mansanti, Kyle Missouri, Marden Ochoa, Jessell Owens, Kylie Owsley, Deanna Regalado, Fernando Rodriguiez, Erika Ruiz, Cory Sample, Mark Torres, Derek Verner, Katherine Zeiner, Amber Padilla, Ivan Perez, Noe Rosas, Chelsea Stagner, Gina Stersic, Deymos Taraffa, Kelsi Walling, Nick Autrey, Erick Bravo, Steven DeNeef, Stacey Goodale, Eric Hardinger, Jon-Paul Humphreys, Chelsey Kent, Adrienne Lee, Matt Lott, Matt Lyle, Justine Marsing, Roxanne Ray, Zak Richardson, Danielle Roman, Joe Torres, Michelle Veneskey, Adam Willis, Marco Zuniga, Cheryl Upshaw, Billy Garfield, Coltin Burgess, Russ Garner, Jeannie Brown, Connie O’Brien, Tina Kerr, Shelly Cooney, Tonya Kittilson, Margie Mansanti, Winnona Mackinnon, David Coley, Diana Dorman, Maria Flores, Amanda Heuett, Rhianna Hunt, Shannon Jonas, Kelsey Mann, Johnny Mora, Jessica Morton, Tori Nicholson, Debie Alexancer, Amy Nicholson, Brenda Formby, David Stagner, Ann Wolicki, John Brooks, Sheri Snyder, Johnna Anderson, Jill Thomason, Barbara Witterman, Debbie Nait, Bengamin Wulfert and Veronica Pulido.

    On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Jessica Duckworth, Michelle Fleming, Felicia Groso, Tedi Izzi, Ashley Lord Maffei, Katerina Rakow, Stevi Tatham, Dawneva Lundy, Sarah White, Valerie Levario, Mitch Bonaldi, Bryan Enochs, Micah Hand, Tony Mariskanish, Paul Pearson, Daylan Rhea, Daniel Staggs, Mike Vacchina, Curtis Kiernam, Betty Gardner, Markus Adams, Eduardo Baller, Anthony Corda, Travis Dittenber, Drew Good, Micah Trainor, Alex Wing, Tyler Wing, Cody James, Sarah Crockett, Jessica Founts, Hanna Fritz, Kassandra Miller, Amanda Osborne, Gina Pfaffenberger, Jayne Sawyer, Kathy Rothchild, Jared Dempsey, Shawn Easton, Adam Haney, James Kronenberg, Joey Machado, Augie Mangione, David Newton, Frankie Urbani, Brittany Bevers, Kayla Couch, Shantell Davis, Cari Holmes, Ashley Howell, Jenny Lushina, Krista Olsen, Rachael  Remington, Rachael Robinson, Siera Trotter, Jusmayne Ward and Debbie Mariskanish.

    On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to John Kubiak and Mary Kubiak.

    Assemblyman Perkins moved that the Assembly adjourn until Saturday, May 29, 1999, at 9:30 a.m.

    Motion carried.

    Assembly adjourned at 6:23 p.m.

Approved:                  Joseph E. Dini, Jr.

                              Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly