THE ONE HUNDRED AND EIGHTEENTH DAY

                               

 

Carson City (Saturday), May 29, 1999

    Assembly called to order at 10:20 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present except Assemblywoman Evans, who was excused.

    Prayer by the Chaplain, Reverend Elaine Ludlum Morgan.

    Heavenly Father, in You we live and move and have our being.  We humbly pray that You will guide and govern each Assembly person through Your Holy Spirit that in all the decisions and actions to be taken by the Assembly the members will not forget You but will remember that they are ever walking and working in Your sight.  In Your Holy Name we pray.         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 Ways and Means, to which were referred Assembly Bills Nos. 205, 696, Senate Bill No. 279, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

Mr. Speaker:

    Your Concurrent Committee on Ways and Means, to which was referred Senate Bill No. 544, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 28, 1999

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 551, 553.

    Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 1156 to Senate Bill No. 37; Assembly Amendment No. 1144 to Senate Bill No. 288; Assembly Amendments Nos. 871, 1143 to Senate Bill No. 404.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 408, Senate Amendment No. 1011, and requests a conference, and appointed Senators Rhoads, O'Connell and Carlton as a first Conference Committee to meet with a like committee of the Assembly.

    Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators McGinness, Jacobsen and Coffin as a first Conference Committee concerning Senate Bill No. 167.

    Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Connell, Schneider and Carlton as a first Conference Committee concerning Senate Bill No. 451.

    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. 15.

    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. 615.

    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. 322.

    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 adopted the report of the first Conference Committee concerning Senate Bill No. 500.

    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. 519.

                                      Mary Jo Mongelli

                        Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Ways and Means:

    Assembly Bill No. 699—AN ACT relating to projects of capital improvement; providing for the issuance of general obligation bonds of the state; requiring the repayment for certain projects by certain state agencies; authorizing certain expenditures by the State Public Works Board; levying a property tax to support the consolidated bond interest and redemption fund; making appropriations; and providing other matters properly relating thereto.

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

    Motion carried.

    Senate Bill No. 551.

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

    Motion carried.

    Senate Bill No. 553.

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

    Motion carried.

UNFINISHED BUSINESS

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Bache, Von Tobel and Segerblom as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 408.

MOTIONS, RESOLUTIONS AND NOTICES

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

    Motion carried.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 318, 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. CA16, which is attached to and hereby made a part of this report.

 

Douglas A. Bache	Ann O'Connell
Gene Segerblom	Joseph M. Neal, Jr.
John J. Lee	Jon C. Porter
Assembly Conference Committee	Senate Conference Committee

 

    Conference Amendment No. CA16.   

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

    “Section 1.  NRS 244.1505 is hereby amended to read as follows:

    244.1505  1.  A board of county commissioners may expend money for any purpose which will provide a substantial benefit to the inhabitants of the county. The board may grant all or part of the money to a nonprofit organization created for religious, charitable or educational purposes to be expended for the selected purpose.

    2.  A board of county commissioners or its authorized representative may donate:

    (a) Commodities, supplies, materials and equipment that the board determines to have reached the end of their useful lives; and

    (b) Stolen or embezzled property for which the county treasurer has obtained an order authorizing him to donate the property pursuant to subsection 6 of NRS 179.165,

to a nonprofit organization created for religious, charitable or educational purposes[.]or to another governmental entity, to be used for any purpose which will provide a substantial benefit to the inhabitants of the county.

    3.  A grant or donation to a nonprofit organization created for religious, charitable or educational purposes and a donation to a governmental entity pursuant to this section must be made by resolution. The resolution must specify:

    (a) The purpose of the grant or donation;

    (b) If applicable, the maximum amount to be expended from the grant; and

    (c) Any conditions or other limitations upon the expenditure of the grant or the use of the donated property.

    4.  As used in this section:

    (a) “Authorized representative” has the meaning ascribed to it in NRS 332.025.

    (b) “Nonprofit organization created for religious, charitable or educational purposes” means an organization that meets the requirements set forth in NRS 372.3261.”.

    Amend the bill as a whole by deleting sections 3 through 5, renumbering sec. 6 as sec. 3 and adding a new section designated sec. 4, following sec. 6, to read as follows:

    “Sec. 4.  Section 5 of Senate Bill No. 139 of this session is hereby amended to read as follows:

    Sec. 5.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The governing body of a city may expend money for any purpose that will provide a substantial benefit to the inhabitants of the city. The governing body may grant all or part of the money to a nonprofit organization created for religious, charitable or educational purposes to be expended for a selected purpose.

    2.  The governing body of a city or its authorized representative may donate commodities, supplies, materials and equipment that the governing body determines have reached the end of their useful lives to a nonprofit organization created for religious, charitable or educational purposes [.] or to another governmental entity, to be used for any purpose which will provide a substantial benefit to the inhabitants of the city.

    3.  A grant or donation to a nonprofit organization created for religious, charitable or educational purposes and a donation to a governmental entity pursuant to this section must be made by resolution. The resolution must specify:

    (a) The purpose of the grant or donation;

    (b) If applicable, the maximum amount to be expended from the grant; and

    (c) Any conditions or other limitations on the expenditure of the grant or the use of the donated property.

    4.  As used in this section:

    (a) “Authorized representative” has the meaning ascribed to it in NRS 332.025.

    (b) “Nonprofit organization created for religious, charitable or educational purposes” means an organization that meets the requirements set forth in NRS 372.3261.”.

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

    Amend the title of the bill to read as follows:

“AN ACT relating to local government; authorizing a local government to donate certain personal property to a governmental entity for certain purposes; revising the provisions governing the conveyance of certain property owned by a local government to a nonprofit organization for use as affordable housing; and providing other matters properly relating thereto.”.

    Assemblyman Bache moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 318.

    Remarks by Assemblyman Bache.

    Motion carried.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 322, 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. CA15, which is attached to and hereby made a part of this report.

 

David E. Goldwater	Jon C. Porter
Gene Segerblom	Mike McGinness
Bob Beers	Terry Care
Assembly Conference Committee	Senate Conference Committee

 

    Conference Amendment No. CA15.

    Amend section 1, page 1, line 2, by deleting “7,” and inserting “8,”.

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

    “Sec. 8.  1.  A time share must not be advertised or offered for resale within this state until the advertisement or offering is approved by the division.

    2.  Each advertisement must contain the processing number assigned to it by the division.

    3.  Each application for the approval of advertising must include:

    (a) The form and content of advertising to be used;

    (b) The nature of the offer of gifts or other free benefits to be extended; and

    (c) The nature of promotional meetings involving any person or act described in NRS 119A.300.

    4.  The division shall render a decision upon an application for the approval of advertising or an offer for resale within 30 days after the date the application is filed.”.

    Assemblyman Goldwater moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 322.

    Remarks by Assemblyman Goldwater.

    Motion carried.

 Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 500, 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. CA10, which is attached to and hereby made a part of this report.

 

Douglas A. Bache	Ann O'Connell
P. M. "Roy" Neighbors	Jon C. Porter
Assembly Conference Committee	Senate Conference Committee

   

    Conference Amendment No. CA10.

    Amend the bill as a whole by deleting sec. 10.5 and adding:

    “Sec. 10.5.  (Deleted by amendment.)”.

    Amend sec. 12, page 2, line 32, by deleting “state controller” and inserting:

“director of the department of administration”.

    Amend sec. 13, page 2, lines 37 and 38, by deleting “state controller” and inserting:

“director of the department of administration”.

    Amend sec. 23, page 8, by deleting lines 1 through 8, and inserting:

    “Sec. 23.  1.  If an agency determines that it is impossible or impractical to collect a debt, the agency may request the state board of examiners to designate the debt as a bad debt. The state board of examiners, by an affirmative vote of the majority of the members of the board, may designate the debt as a bad debt if the board is satisfied that the collection of the debt is impossible or impractical.

    2.  Upon the designation of a debt as a bad debt pursuant to this section, the state board of examiners shall immediately notify the state controller thereof. Upon receiving the notification, the state controller shall direct the removal of the debt from the records and books or account of the agency to which the debt is owed or the State of Nevada, as appropriate. A bad debt that is removed pursuant to this section remains a legal and binding obligation owed by the debtor to the agency or the State of Nevada, as appropriate.”.

    Amend sec. 23, page 8, line 9, by deleting “2.” and inserting “3.”.

    Amend sec. 25, page 9, by deleting lines 3 through 5 and inserting:

    “(b) Upon approval of the attorney general, direct the cancellation of any accounts or money due the state.

    (c) Except as otherwise provided in subsection 3, withhold from the”.

    Amend sec. 25, page 9, line 9, by deleting “[(c)] (b)” and inserting “(c)”.

    Assemblyman Bache moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 500.

    Remarks by Assemblyman Bache.

    Motion carried.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 519, 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. CA7, which is attached to and hereby made a part of this report.

 

Kathyrn A. McClain	Mark E. Amodei
Ellen M. Koivisto	Valerie Wiener
Kathy A. Von Tobel	Maurice Washington
Assembly Conference Committee	Senate Conference Committee

 

    Conference Amendment No. CA7.

    Amend sec. 4, page 4, after line 21, by inserting:

    “17.  In accordance with applicable regulations of the board, a registered pharmacist who:

    (a) Is trained in and certified to carry out standards and practices for immunization programs;

    (b) Is authorized to administer immunizations pursuant to written protocols from a physician; and

    (c) Administers immunizations in compliance with the “Standards of Immunization Practices” recommended and approved by the United States Public Health Service Advisory Committee on Immunization Practices.”.

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

    “Sec. 5.  Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

    The board shall prepare an annual report concerning immunizations administered by pharmacists that includes, without limitation, the number of immunizations which were administered by pharmacists during the previous year, any problems or complaints reported to the board concerning immunizations administered by pharmacists and any other information that the board determines would be useful in determining whether pharmacists should continue to administer immunizations in thisstate. The report mustbe available for public inspection during regular business hours at the office of the board.”.

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

“requiring the state board of pharmacy to prepare an annual report concerning immunizations administered by pharmacists;”.

    Assemblywoman McClain moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 519.

    Remarks by Assemblywoman McClain.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

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

    Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 380.

    The following Senate amendment was read:

    Amendment No. 833.

    Amend the bill as a whole by renumbering sections 4 through 6 as sections 6 through 8 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:

    “Sec. 4.  Chapter 478, Statutes of Nevada 1983, at page 1269, is hereby amended by adding thereto a new section to be designated as sec. 2.6, immediately following sec. 2.5, to read as follows:

    Sec. 2.6. The state board of examiners shall, at one time or from time to time over a 5-year period beginning with the effective date of Assembly Bill No. 380 of the 70th session of the Nevada Legislature, issue general obligation bonds of the State of Nevada to provide the state’s contribution to the Newlands Project Water Rights Fund established by Assembly Bill No. 380 of the 70th session of the Nevada Legislature, in a total face amount of not more than $4,000,000. Bonds issued pursuant to this section are necessary for the protection and preservation of the state’s natural resources.

    Sec. 5.  Section 1 of chapter 478, Statutes of Nevada 1983, as amended by section 7 of chapter 785, Statutes of Nevada 1989, at page 1866, is hereby amended to read as follows:

    Section 1.  The director of the state department of conservation and natural resources shall participate, on behalf of the state, in negotiations with agencies of the Federal Government and other appropriate agencies or organizations concerning projects to conserve, distribute and allocate water associated with the Truckee River, the Carson River, the Lahontan Valley Wetlands and the Newlands Federal Reclamation Project. The projects may include projects for the purchase or lease of water rights, land or interests in land and any water rights appurtenant thereto, or projects to mitigate losses to natural resources. The governor, on behalf of the State of Nevada, may enter into an agreement or agreements which define the rights, powers, duties and obligations of the state, the Federal Government and any other appropriate agency or organization with respect to those projects, but the state’s share of the costs associated with those projects must not exceed [$8,000,000,] $12,000,000, and providing that not more than [$4,000,000] $8,000,000 of that amount may be used for the purchase or lease of water rights or interests in land and any water rights appurtenant thereto [.] , and further providing that not more than $4,000,000 of that amount may be used as the state’s contribution to the Newlands Project Water Rights Fund established by Assembly Bill No. 380 of the 70th session of the Nevada Legislature.”.

    Amend sec. 4, page 4, by deleting lines 11 and 12 and inserting:

“the fund may only be used:

    (a) For the support of the program established pursuant to subsection 4; and

    (b) To provide for the payment of an amount to offset revenue from operation and maintenance charges lost as a result of water rights retired and abandoned pursuant to the program.

    3.  The District may accept gifts and grants for”.

    Amend sec. 4, page 4, line 21, by deleting “3.” and inserting “4.”.

    Amend sec. 4, page 4, line 31, by deleting “only”.

    Amend sec. 4, page 4, by deleting line 37, and inserting:

    “(d) Retain reasonable fees for the administration or operation of the program;”.

    Amend sec. 4, page 4, line 38, after “(e)” by inserting:

“To the extent that legal and administrative challenges in existence on April 1, 1999, result in a final determination that all or any portion of a surface water right appurtenant to land in the Newlands Reclamation Project has been forfeited or abandoned:

        (1) Pay to the party who procured that final determination an amount equal to the amount that would have been paid to acquire the water right pursuant to the program; and

        (2) Consider the forfeited or abandoned water right as having been acquired pursuant to the program; and

    (f)”.

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

    Amend the title of the bill, seventh line, after “period;” by inserting:

“increasing the amount of bonds that may be issued for the purchase or lease of water rights or interests in land and any water rights appurtenant thereto; limiting certain uses of the proceeds of those bonds;”.

    Assemblyman de Braga moved that the Assembly concur in the Senate amendment to Assembly Bill No. 380.

    Remarks by Assemblyman de Braga.

    Motion carried.

    The following Senate amendment was read:

    Amendment No. 1162.

Amend the bill as a whole by deleting sections 4 and 5, renumbering sec. 6 as sec. 5 and adding a new section designated sec. 4, following sec. 3, to read as follows:

    “Sec. 4.  1.  There is hereby appropriated from the state general fund to the Newlands Project Water Rights Fund, created by section 5 of this act, the sum of $3,300,000 as the state’s contribution to the fund for the protection and preservation of the natural resources of this state. All interest generated from this appropriation accrues to the benefit of the Newlands Project Water Rights Fund.

    2.  The Carson Water Subconservancy District shall not commit for expenditure any amount of the appropriation made by subsection 1 until the District determines that:

    (a) There is and will continue to be substantial compliance with the “Joint Testimony of Truckee-Carson Irrigation District, Pyramid Lake Paiute Tribe of Indians, City of Fallon, Churchill County and Sierra Pacific Power Company,” dated by the parties thereto on May 6, 1999, and submitted to a hearing of the Senate Standing Committee on Finance on May 24, 1999; and

    (b) The City of Fallon and Churchill County have withdrawn all administrative protests and have sought to dismiss all legal actions initiated by the city and county, respectively, relating to applications for changes in the point of diversion, place of use or manner of use of water rights pending before the State Engineer on the effective date of this act as required by that joint testimony.

    3.  The Carson Water Subconservancy District shall not commit for expenditure during the next biennium more than $1,600,000 of the appropriation made by subsection 1.

    4.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2004, and reverts to the state general fund as soon as all payments of money committed have been made.”.

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

    “Sec. 6.  The 71st regular session of the Nevada Legislature shall review the manner in which the appropriation made by section 4 of this act has been expended and determine whether there has been substantial compliance with the “Joint Testimony of Truckee-Carson Irrigation District, Pyramid Lake Paiute Tribe of Indians, City of Fallon, Churchill County and Sierra Pacific Power Company,” dated by the parties thereto on May 6, 1999, and submitted to a hearing of the Senate Standing Committee on Finance on May 24, 1999.”.

    Amend sec. 8, page 6, line 19, by deleting “6” and inserting “5”.

    Amend the title of the bill by deleting the seventh through eleventh lines and inserting:

“within a certain period; establishing the Newlands Project Water Rights Fund and a related program for the acquisition of certain surface water rights; making an appropriation; and providing other matters”.

    Assemblyman de Braga moved that the Assembly concur in the Senate amendment to Assembly Bill No. 380.

    Remarks by Assemblyman de Braga.

    Motion carried.

    Bill ordered enrolled.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Perkins moved that for the balance of the session, that all rules be suspended, reading so far had considered second reading, rules further suspended, all bills and joint resolutions reported out of committee without amendments declared an emergency measure under the Constitution and placed on third reading and final passage.

    Remarks by Assemblyman Perkins.

    Motion carried unanimously.

    Assemblyman Perkins moved that for the balance of the session, all bills and joint resolutions reported out of committee with amendments be immediately placed on the appropriate reading file.

    Motion carried.

    Assemblyman Perkins moved that for the balance of the session, all rules be suspended and that all bills and joint resolutions passed be immediately transmitted to the Senate.

    Motion carried unanimously.

    Assemblyman Perkins moved that Standing Rule No. 92, which pertains to notices of bills, topics and public hearing, be suspended.

    Remarks by Assemblyman Perkins.

    Motion carried unanimously.

SECOND READING AND AMENDMENT

    Assembly Bill No. 205.

    Bill read second time.

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

    Amendment No. 1208.

    Amend section 1, page 1, line 2, by deleting “$5,000,000” and inserting “$3,500,000”.

    Amend sec. 2, page 1, lines 8 and 9, by deleting:

“the project is completed” and inserting:

“June 30, 2003,”.

    Amend sec. 3, page 1, line 11, by deleting:

“upon passage and approval.” and inserting:

“on July 1, 1999.”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 696.

    Bill read second time.

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

    Amendment No. 1207.

    Amend sec. 2, page 1, line 19, by deleting “contract” and inserting:

“contract, including, without limitation, an interlocal agreement,”.

    Amend sec. 2, page 2, line 1, after “a” by inserting:

“juvenile or adult”.

    Amend sec. 4, page 3, line 6, by deleting “the department:” and inserting “this state:”.

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

“state if the Southern Nevada Correctional Center is being used as an adult facility and the district attorney will prosecute the prisoner for the escape from lawful custody or other behavior pursuant to the law of this state if the Southern Nevada Correctional Center is being used as a juvenile facility.”.

    Amend sec. 4, page 3, line 11, after “conviction,” by inserting:

“adjudication of delinquency,”.

    Amend sec. 4, page 3, line 13, after “sentencing” by inserting “or committing”.

    Amend sec. 4, page 3, line 37, after “section.” by inserting:

“If the Southern Nevada Correctional Center is being used as a juvenile facility, the director may issue a written order for the return of the prisoner to the Southern Nevada Correctional Center. All peace officers shall execute such an order in the same manner as provided for the execution of criminal process.”.

    Amend sec. 4, page 4, line 30, after “of” by inserting “liability”.

    Amend sec. 4, page 4, lines 31 and 32, by deleting:

“that provides coverage for civil liability and civil rights liability”.

    Amend sec. 5, page 4, line 42, by deleting “contract:” and inserting “contract while:”.

    Amend sec. 5, page 5, by deleting lines 1 and 2 and inserting:

    “1.  Supervising a prisoner, at any location, if the prisoner is a prisoner from the Southern Nevada Correctional Center.”.

    Amend sec. 6, page 5, line 7, by deleting “2,” and inserting “3,”.

    Amend sec. 6, page 5, line 8, after “Center” by inserting:

“as an adult facility”.

    Amend sec. 6, page 5, line 13, after “2.” by inserting:

“While a contract for the lease of the Southern Nevada Correctional Center as a juvenile facility is in effect, a prisoner at the Southern Nevada Correctional Center shall be deemed a prisoner of this state, and the Southern Nevada Correctional Center shall be deemed a facility or institution of this state, for the purposes of chapter 62 of NRS.

    3.”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 279.

    Bill read second time.

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

    Amendment No. 1198.

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

    “Sec. 4.  There is hereby appropriated from the state highway fund to the Department of Motor Vehicles and Public Safety the sum of $10,800 for additional expenses for the registration of motor vehicles. This appropriation is supplemental to the appropriations made by section 27 of chapter 244, Statutes of Nevada 1997, at page 860, and section 1 of Senate Bill No. 517 of this session.”.

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

“making a supplemental appropriation to the Department for additional expenses for the registration of motor vehicles;”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Extends reversion date of prior appropriation to Department of Motor Vehicles and Public Safety for completion of Phase II of Implementation Plan for Business Process Re-Engineering Project and makes appropriations for implementation of Project Genesis Phase II and related enabling technologies and for additional expenses for registration of motor vehicles. (BDR S‑1471)”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

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

general file and third reading

    Senate Bill No. 544.

    Bill read third time.

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

    Amendment No. 1199.

    Amend sec. 11.5, page 7, line 1, by deleting “Three” and inserting “Six”.

    Amend sec. 11.5, page 7, line 4, by deleting “Twenty-one” and inserting “Twenty-four”.

    Amend sec. 11.5, page 7, line 8, after “contribution” by inserting:

“plus allowable administrative fees”.

    Amend sec. 12.5, page 7, line 21, by deleting “shall” and inserting “may”.

    Amend sec. 18, page 11, line 22, by deleting “an” and inserting “aprofessional”.

    Amend sec. 29, page 19, line 5, by deleting “689B.600,” and inserting “689B.590,”.

    Amend sec. 37, page 24, line 25, by after “(h)” by inserting:

“The division of health care financing and policy of the department of human resources.

    (i)”.

    Amend sec. 37, page 24, line 26, by deleting “(i)” and inserting “(j)”.

    Amend the bill as a whole by adding a new section designated sec. 48.5, following sec. 48, to read as follows:

    “Sec. 48.5.  On or before February 5, 2001, the board of the public employees’ benefits program created pursuant to NRS 287.041 shall submit a copy of the regulations adopted by the board pursuant to section 12.5 of this act to the 71st session of the Nevada Legislature.”.

    Amend sec. 49, page 30, by deleting line 34 and inserting:

    “2.  Sections 1 to 12, inclusive, 13 to 28, inclusive, 30 to 40, inclusive, 42, 48.5 and 50 of this act”.

    Amend sec. 49, page 30, line 36, after “3.” by inserting:

“Section 29 of this act becomes effective at 12:01 a.m. on July 1, 1999.

    4.”.

    Amend sec. 49, page 30, line 37, by deleting “January” and inserting “July”.

    Amend sec. 49, page 30, line 39, by deleting “4.” and inserting “5.”.

    Amend sec. 49, page 30, line 40, by deleting “5.” and inserting “6.”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

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

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

    Motion carried.

    Assembly in recess at 10:47 a.m.

ASSEMBLY IN SESSION

    At 1:58 p.m.

    Mr. Speaker presiding.

    Quorum present.

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Ways and Means:

    Assembly Bill No. 700—AN ACT relating to education; renaming the fund for class-size reduction as the fund for school improvement; making appropriations to the state distributive school account for purposes relating to class-size reduction; making supplemental appropriations to the fund for class-size reduction to cover certain shortfalls in revenue; requiring the transfer of money from the fund for school improvement to provide scholarships for students pursuing degrees in teaching; 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 29, 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. 167.

    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. 369.

    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. 391.

                                      Mary Jo Mongelli

                        Assistant Secretary of the Senate

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 634, 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. CA23, which is attached to and hereby made a part of this report.

 

David R. Parks	Randolph J. Townsend
David E. Goldwater	Mark E. Amodei
Merle A. Berman	Maggie Carlton
Assembly Conference Committee	Senate Conference Committee

 

    Conference Amendment No. CA23.

    Amend sec. 19, page 8, line 17, by deleting “may” and inserting “shall”.

    Amend sec. 19, page 8, line 23, by deleting “may” and inserting “shall”.

    Amend sec. 19, page 8, line 30, by deleting:

“limit, if any,” and inserting “limit”.

    Amend sec. 19, page 8, by deleting line 32 and inserting:

“[and any other factors that the board determines are necessary to assess or project the future solvency of the contractor.] and section 9 of this act.”.

    Amend sec. 19, page 8, line 33, after “3.” by inserting:

“A licensed contractor may request that the board increase the monetary limit on his license, either on a permanent basis or for a single construction project. A request submitted to the board pursuant to this subsection must be in writing on a form prescribed by the board and accompanied by such supporting documentation as the board may require. If a request submitted pursuant to this section is for a single construction project, the request must be submitted to the board at least 2 working days before the date on which the licensed contractor intends to submit his bid for the project.

    4.”.

    Amend the bill as a whole by deleting sec. 22 and adding:

    “Sec. 22.  (Deleted by amendment.)”.

    Amend sec. 24, page 12, line 17, after “license” by inserting:

“or a licensed contractor”.

    Amend sec. 24, page 12, line 18, by deleting “[shall] must” and inserting “must”.

    Amend sec. 24, page 12, line 19, after “applicant” by inserting:

“or licensed contractor,”.

    Amend sec. 24, page 12, line 20, by deleting “thereof” and inserting “thereof,”.

    Amend sec. 24, page 12, by deleting lines 21 and 22 and inserting:

    “[1.] (a) Committed any act which would be grounds for the denial, suspension or revocation of a”.

    Amend sec. 24, page 12, line 25, by deleting “nolo contendere,” and inserting “nolo contendere,”.

    Amend sec. 24, page 12, line 26, by deleting “[felony” and inserting “[misdemeanor, felony”.

    Amend sec. 24, page 12, line 31, after “revoked” by inserting “or suspended”.

    Amend sec. 24, page 12, line 32, after “granting” by inserting “or renewal”.

    Amend sec. 25, page 13, by deleting lines 34 and 35 and inserting:

“the bond or deposit. No action may be commenced on”.

    Amend sec. 25, page 13, by deleting lines 37 through 42 and inserting:

“action is based. If an action is commenced on the bond, the surety that executed the bond shall notify the board of the action within 30 days after the date that:

    (a) The surety is served with a complaint and summons; or

    (b) The action is commenced,

whichever occurs first.”.

    Amend sec. 25, page 14, by deleting line 16 and inserting:

“all claimants upon the bond or deposit. If an action for interpleader is commenced, the surety or the board must serve each known claimant and publish notice”.

    Amend sec. 25, page 14, line 19, by deleting:

“[or the board]”.

    Amend sec. 25, page 14, line 20, by deleting:

“[attorney’s fees and]”.

    Amend sec. 25, page 14, by deleting lines 21 and 22 and inserting:

“the bond. The board is entitled to deduct its costs of the action, including attorney’s fees and publication, from the deposit.”.

    Amend the bill as a whole by deleting sec. 25.5 and adding:

    “Sec. 25.5.  (Deleted by amendment.)”.

    Amend sec. 28, page 17, by deleting line 20 and inserting:

    “[6.  Except as otherwise provided in section 3 of Senate Bill No. 32 of this session, the board shall not take any disciplinary action pursuant to this”.

    Amend sec. 28, page 17, by deleting line 24 and inserting:

“40.695, inclusive, and sections 2 to 6, inclusive, of this act, unless the disciplinary action is necessary to protect the”.

    Amend the bill as a whole by renumbering sec. 39 as sec. 40 and adding a new section designated sec. 39, following sec. 38, to read as follows:

    “Sec. 39.  Sections 18, 19 and 20 of Assembly Bill No. 636 of this session are hereby amended to read as follows:

    Sec. 18.  NRS 624.283 is hereby amended to read as follows:

    624.283 1.  Each license issued under the provisions of this chapter expires 1 year after the date on which it is issued, except that the board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.

    2.  A license may be renewed by submitting to the board:

    (a) An application for renewal;

    (b) The statement required pursuant to NRS 624.268 if the holder of the license is a natural person; [and]

    (c) The fee for renewal fixed by the board[.] ; and

    (d) Any assessment required pursuant to section 9 of this act if the holder of the license is a residential contractor as defined in section 7 of this act.

    3.  The board may require a licensee to demonstrate his financial responsibility at any time through the submission of:

    (a) A financial statement that is prepared by an independent certified public accountant; and

    (b) If the licensee performs residential construction, such additional documentation as the board deems appropriate.

    4.  If a license is automatically suspended pursuant to subsection 1, the licensee may have his license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the board, if he is otherwise in good standing and there are no complaints pending against him. If he is otherwise not in good standing or there is a complaint pending, the board shall require him to provide a current financial statement prepared by an independent certified public accountant or establish other conditions for reinstatement. If the licensee is a natural person, his application for renewal must be accompanied by the statement required pursuant to NRS 624.268. A license which is not reinstated within 6 months after it is automatically suspended may be canceled by the board, and a new license may be issued only upon application for an original contractor’s license.

    Sec. 19.  NRS 624.300 is hereby amended to read as follows:

    624.300  1.  Except as otherwise provided in subsection 3, the board may:

    (a) Suspend or revoke licenses already issued;

    (b) Refuse renewals of licenses;

    (c) Impose limits on the field, scope and monetary limit of the license;

    (d) Impose an administrative fine of not more than $10,000;

    (e) Order a licensee to repay to the account established pursuant to section 9 of this act, any amount paid out of the account pursuant to section 13 of this act as a result of an act or omission of that licensee;

    (f) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensee’s cost, that may consist of requiring the licensee to:

        (1) Perform the corrective work himself;

        (2) Hire and pay another licensee to perform the corrective work; or

        (3) Pay to the owner of the construction project a specified sum to correct the condition; or

    [(f)] (g) Reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,

if the licensee commits any act which constitutes a cause for disciplinary action.

    2.  If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, the board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.

    3.  If a licensee violates the provisions of NRS 624.3014 or subsection 3 of NRS 624.3015, the board may impose an administrative fine of not more than $20,000.

    4.  If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the board from taking disciplinary action.

    5.  If the board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the board from taking disciplinary action pursuant to this section.

    6.  The expiration of a license by operation of law or by order or decision of the board or a court, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

    7.  If discipline is imposed pursuant to this section, including any discipline imposed pursuant to a stipulated settlement, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.

    Sec. 20.  NRS 624.3016 is hereby amended to read as follows:

    624.3016 The following acts or omissions, among others, constitute cause for disciplinary action under NRS 624.300:

    1.  Any fraudulent or deceitful act committed in the capacity of a contractor.

    2.  A conviction of a violation of section 12 of Assembly Bill No. 634 of this [act] session or a felony or a crime involving moral turpitude.

    3.  Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.

    4.  Failure to give a notice required by NRS 108.245 or 108.246.

    5.  Failure to comply with NRS 597.713, 597.716 or 597.719 or any regulations of the board governing contracts for the construction of residential pools and spas.

    6.  Failure to comply with NRS 624.321.

    7.  Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.

    8.  Failure to pay an assessment required pursuant to section 9 of this act.”.

    Amend the bill as a whole by adding a new section designated sec. 41, following sec. 39, to read as follows:

    “Sec. 41.  This act becomes effective at 12:01 a.m. on October 1, 1999.”.

    Assemblyman Parks moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 634.

    Remarks by Assemblyman Parks.

    Motion carried.

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 166, 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.

 

Ellen M. Koivisto	Mike McGinness
Sharron E. Angle	Jon C. Porter
Genie Ohrenschall	Dina Titus
Assembly Conference Committee	Senate Conference Committee

 

    Assemblywoman Koivisto moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 166.

    Remarks by Assemblywoman Koivisto.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Anderson, Brower and Leslie as a second Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 166.

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Joint Resolution No. 1, 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 resolution be further amended as set forth in Conference Amendment No. CA21, which is attached to and hereby made a part of this report.

 

Douglas A. Bache	Lawrence E. Jacobsen
Dawn Gibbons	Bob Coffin
P. M. "Roy" Neighbors	Mike McGinness
Assembly Conference Committee	Senate Conference Committee

 

    Conference Amendment No. CA21.

    Amend the resolution, page 1, line 13, after “for” by inserting:

“25 years or”.

    Amend the resolution, page 2, between lines 23 and 24, by inserting:

    “Whereas, The operations and activities conducted on the Nellis Air Force Range must be monitored and reviewed periodically to determine whether those operations and activities are necessary, and to consider the possibility of authorizing other uses of the public land within the range by residents of this state; and”.

    Amend the resolution, page 2, line 38, by deleting “and”.

    Amend the resolution, page 3, line 1, after “of the” by inserting “public”.

    Amend the resolution, page 3, line 2, after “state;” by inserting:

    “4.  Congress reviews the indefinite withdrawal every 15 years without requiring the preparation of an Environmental Impact Statement; and

    5.  Congress does not authorize high-level radioactive waste to be stored temporarily or permanently at any location within the Nellis Air Force Range;”.

    Assemblyman Bache moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Joint Resolution No. 1.

    Remarks by Assemblyman Bache.

    Motion carried.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 167, consisting of the undersigned members, has met, and reports that:

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

 

Marcia de Braga	Mike McGinness
Genie Ohrenschall	Lawrence E. Jacobsen
John C. Carpenter	Bob Coffin
Assembly Conference Committee	Senate Conference Committee

    Assemblyman de Braga moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 167.

    Remarks by Assemblyman de Braga.

    Motion carried.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 369, 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. CA11, which is attached to and hereby made a part of this report.

 

Douglas A. Bache	Ann O'Connell
Sandra J. Tiffany	Terry Care
Bonnie L. Parnell	Jon C. Porter
Assembly Conference Committee	Senate Conference Committee

 

    Conference Amendment No. CA11.

    Amend sec. 3, page 2, line 26, by deleting “if ” and inserting “unless”.

    Amend sec. 3, page 2, by deleting line 28 and inserting:

“made public; or”.

    Amend sec. 3, page 2, lines 29 and 30, by deleting:

“the sole purpose of ” and inserting:

“a purpose other than”.

    Amend the bill as a whole by renumbering sections 11 and 12 as sections 12 and 13 and adding a new section designated sec. 11, following sec. 10, to read as follows:

    “Sec. 11.  Section 50 of Senate Bill No. 39 of this session is hereby amended to read as follows:

    Sec. 50.  NRS 349.630 is hereby amended to read as follows:

    349.630  The director shall adopt regulations to carry out the provisions of NRS 349.400 to 349.670, inclusive, and sections 2 and 3 of [this act,] Senate Bill No. 369 of this session, including, without limitation, regulations for:

    1.  Investment and reinvestment of the proceeds from the sale of bonds, including, but not limited to:

    (a) Bonds or other obligations of the United States of America.

    (b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States of America.

    (c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.

    (d) Obligations issued or guaranteed by any state of the United States of America, or any political subdivision of any state.

    (e) Prime commercial paper.

    (f) Prime finance company paper.

    (g) Bankers’ acceptances drawn on and accepted by commercial banks.

    (h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.

    (i) Certificates of deposit issued by credit unions or commercial banks, including banks domiciled outside of the United States of America.

    (j) Money market mutual funds that:

        (1) Are registered with the Securities and Exchange Commission;

        (2) Are rated by a nationally recognized rating service as “AAA” or its equivalent; and

        (3) Invest only in securities issued or guaranteed as to payment of principal and interest by the Federal Government, or its agencies or instrumentalities, or in repurchase agreements that are fully collateralized by such securities.

    2.  Receiving, holding and disbursing of proceeds of the sale of bonds by one or more banks , credit unions or trust companies located within or out of this state.”.

    Assemblyman Bache moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 369.

    Remarks by Assemblyman Bache.

    Motion carried.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 381, 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.

 

Genie Ohrenschall	Lawrence E. Jacobsen
Kathyrn A. McClain	Mark E. Amodei
John C. Carpenter	Valerie Wiener
Assembly Conference Committee	Senate Conference Committee

 

    Assemblywoman Ohrenschall moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 381.

    Remarks by Assemblywoman Ohrenschall.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Parks, Parnell and Cegavske as a second Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 381.

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 391, 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. CA9, which is attached to and hereby made a part of this report.

 

Douglas A. Bache	Ann O'Connell
Sandra J. Tiffany	Jon C. Porter
Wendell P. Williams	Terry Care
Assembly Conference Committee	Senate Conference Committee

 

    Conference Amendment No. CA9.

    Amend section 1, page 1, line 2, by deleting “12.5,” and inserting “12,”.

    Amend the bill as a whole by deleting sections 3 and 3.5 and adding:

    “Secs. 3 and 3.5.  (Deleted by amendment.)”.

    Amend sec. 4, page 2, by deleting lines 5 through 10 and inserting:

    “Sec. 4.  “Infrastructure” or “public facilities” means water, sanitary sewer, storm sewer, street, parks, fire, police and flood protection.”.

    Amend the bill as a whole by deleting sec. 6.5 and adding:

    “Sec. 6.5.  (Deleted by amendment.)”.

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

    “Sec. 9.  The provisions of sections 11 and 12 of this act, sections 1 to 12, inclusive, of Assembly Bill No. 493 of this session and sections 3 and 4 of Senate Bill No. 394 of this session apply”.

    Amend the bill as a whole by deleting sec. 10 and adding:

    “Sec. 10.  (Deleted by amendment.)”.

    Amend sec. 11, page 4, line 7, after “the” by inserting “regional planning”.

    Amend sec. 11, page 4, line 21, after “the” by inserting “regional planning”.

    Amend the bill as a whole by deleting sec. 12.5 and adding:

    “Sec. 12.5.  (Deleted by amendment.)”.

    Amend sec. 13, page 5, line 6, by deleting “12.5,” and inserting “12,”.

    Amend sec. 13.3, page 5, by deleting line 22 and inserting:

    “(a) Residential facility for groups in which 10 or fewer unrelated persons with disabilities reside with:

        (1) House parents or guardians who need not be related to any of the persons with disabilities; and

        (2) If applicable, additional persons who are related to the house parents or guardians within the third degree of consanguinity or affinity.”.

    Amend sec. 13.3, page 6, by deleting lines 11 and 12 and inserting “governing body.”

    Amend sec. 13.3, page 6, by deleting lines 17 and 18 and inserting:

“ordinances. The requirements of this”.

    Amend sec. 13.3, page 6, line 26, by deleting “require” and inserting:

“refuse to issue”.

    Amend sec. 13.3, page 6, by deleting line 27 and inserting:

“use permit to a residential facility for groups that meets local public health and safety standards.”.

    Amend sec. 13.3, page 6, by deleting lines 32 through 34.

    Amend sec. 13.3, page 6, line 35, by deleting “(b)” and inserting “(a)”.

    Amend sec. 13.3, page 6, line 37, by deleting “(c)” and inserting “(b)”.

    Amend sec. 13.3, page 6, line 42, by deleting “(d)” and inserting “(c)”.

    Amend the bill as a whole by deleting sec. 13.7 and adding:

    “Sec. 13.7.  (Deleted by amendment.)”.

    Amend sec. 14, page 9, line 4, after “(m)” by inserting:

“School facilities plan. Showing the general locations of current and future school facilities based upon information furnished by the appropriate local school district.

    [(m)] (n)”.

    Amend sec. 14, page 9, line 7, by deleting “[(m)] (n)” and inserting “[(n)] (o)”.

    Amend sec. 14, page 9, line 9, by deleting “[(n)] (o)” and inserting “[(o)] (p)”.

    Amend sec. 14, page 9, line 14, by deleting “[(o)] (p)” and inserting “[(p)] (q)”.

    Amend sec. 14, page 9, line 17, by deleting “[(p)] (q)” and inserting “[(q)] (r)”.

    Amend the bill as a whole by deleting sections 14.3 and 14.7 and adding:

    “Secs. 14.3 and 14.7.  (Deleted by amendment.)”.

    Amend sec. 15, page 10, by deleting lines 39 and 40 and inserting:

    “2.  The zoning regulations must be adopted in accordance with the master plan for land use and be designed:”.

    Amend sec. 15, page 11, between lines 24 and 25, by inserting:

    “4.  In exercising the powers granted in this section, the governing body may use any controls relating to land use or principles of zoning that the governing body determines to be appropriate, including, without limitation, density bonuses, inclusionary zoning and minimum density zoning.

    5.  As used in this section:

    (a) “Density bonus” means an incentive granted by a governing body to a developer of real property that authorizes the developer to build at a greater density than would otherwise be allowed under the master plan, in exchange for an agreement by the developer to perform certain functions that the governing body determines to be socially desirable, including, without limitation, developing an area to include a certain proportion of affordable housing.

    (b) “Inclusionary zoning” means a type of zoning pursuant to which a governing body requires or provides incentives to a developer who builds residential dwellings to build a certain percentage of those dwellings as affordable housing.

    (c) “Minimum density zoning” means a type of zoning pursuant to which development must be carried out at or above a certain density to maintain conformance with the master plan.”.

    Amend the bill as a whole by deleting sections 16 through 22 and adding:

    “Secs. 16-22.  (Deleted by amendment.)”.

    Amend the bill as a whole by renumbering sec. 23 as sec. 36 and adding new sections designated sections 23 through 35, following sec. 22, to read as follows:

    “Sec. 23.  Section 1 of Assembly Bill No. 493 of this session is hereby amended to read as follows:

    Section 1.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections3 to 12, inclusive, of this act.

    Sec. 24.  Section 5 of Assembly Bill No. 493 of this session is hereby amended to read as follows:

    Sec. 5.  1.  The regional planning coalition shall develop a comprehensive regional policy plan for the balanced economic, social, physical, environmental and fiscal development and orderly management of the growth of the region for a period of at least 20 years. The comprehensive regional policy plan must contain recommendations of policy to carry out each part of the plan.

    2.  In developing the plan, the coalition:

    (a) May consult with other entities that are interested or involved in regional planning within the county.

    (b) Shall ensure that the comprehensive regional policy plan includes goals, policies, maps and other documents relating to:

        (1) Conservation, including, without limitation, policies relating to the use and protection of natural resources.

        (2) Population, including, without limitation, [a projection of] standardized projections for population growth in the region.

        (3) Land use and development, including, without limitation, a map of land use plans that have been adopted by local governmental entities within the region.

        (4) Transportation.

        (5) [Public]The efficient provision of public facilities and services[.] , including, without limitation, roads, water and sewer service and police and fire protection, mass transit, libraries and parks.

        (6) Air quality.

        (7) Strategies to promote and encourage:

        (I) The interspersion of new housing and businesses in established neighborhoods; and

        (II) Development in areas in which public services are available.

    3.  The regional planning coalition shall not adopt or amend the comprehensive regional policy plan unless the adoption or amendment is by resolution of the regional planning coalition:

    (a) Carried by the affirmative votes of not less than two-thirds of its total membership; and

    (b) Ratified by the board of county commissioners of the county and the city council of each city that jointly established the regional planning coalition pursuant to section [4 of this act.] 3 of Senate Bill No. 394 of this session as amended by section 33 of this act.

    Sec. 25.  Section 6 of Assembly Bill No. 493 of this session is hereby amended to read as follows:

    Sec. 6.  1.  The regional planning coalition shall study and develop methods to provide incentives for the interspersion of new housing and businesses in established neighborhoods, including, without limitation, the:

    (a) Creation of an expedited process for granting necessary permits for a development that features such interspersion; and

    (b) Imposition of a fee for the extension of infrastructure to encourage such interspersion.

    2.  As used in this section, “infrastructure” means publicly owned or publicly supported facilities that are necessary or desirable to support intense habitation within a region, including, without limitation, parks, roads, schools, libraries, community centers, police and fire protection, sanitary sewers, facilities for mass transit and facilities for the conveyance of water and the treatment of wastewater.

    Sec. 26.  Section 7 of Assembly Bill No. 493 of this session is hereby amended to read as follows:

    Sec. 7.  1.  The regional planning coalition may:

    (a) Coordinate sources of information;

    (b) Recommend measures to increase the efficiency of governmental entities and services;

    (c) Make recommendations regarding the disposal of federal land;

    (d) Establish methods for resolving issues related to annexation, boundaries and other matters that arise between jurisdictions;

    (e) [Review:]At least every 2 years, review:

        (1) Master plans, facilities plans and other similar plans, and amendments thereto, adopted by a governing body, regional agency, state agency or public utility that is located in whole or in part within the region; and

        (2) The annual plan for capital improvements that is prepared by each local government in the region pursuant to NRS 278.0226;

    (f) Develop and recommend, to the extent practicable, standardized classifications for land use for the region;

    (g) Consider and take necessary action with respect to any issue that the regional planning coalition determines will have a significant impact on the region, including, without limitation, projects of regional significance;

    (h) Review, consider and make recommendations regarding applications submitted to agencies of the Federal Government and applications for federal assistance for federally-assisted programs or projects; and

    (i) Designate allowable future land uses for each part of the county, including, without limitation, the identification of each category of land use in which the construction and operation of a public school is permissible. The identification of a category of land use in which the construction and operation of a public school is permissible must be carried out in consultation with the county school district and include a determination of whether there is sufficient land in the proximity of a residential development to meet projected needs for public schools.

    2.  The regional planning coalition shall establish a definition for the term “project of regional significance.” In establishing the definition, the regional planning coalition shall consider:

    (a) Existing definitions of the term within the Nevada Revised Statutes; and

    (b) That a project may have regional significance for several reasons, including, without limitation, the potential impact that the project may have on historic, archaeological, cultural, scenic and natural resources, public facilities and public services within the region.

    Sec. 27.  Section 8 of Assembly Bill No. 493 of this session is hereby amended to read as follows:

    Sec. 8.  Each governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall, [not more than once]at least every 2 years, submit to the regional planning coalition for its review all master plans, facilities plans and other similar plans of the governing body, regional agency, state agency or public utility.

    Sec. 28.  Section 11 of Assembly Bill No. 493 of this session is hereby amended to read as follows:

    Sec. 11.  The regional planning coalition may employ persons or contract for services necessary to carry out:

    1.  The provisions of sections 5 to 12, inclusive, of this act; and

    2.  Other responsibilities set forth in the cooperative agreement pursuant to which the regional planning coalition was established pursuant to section 3 of Senate Bill No. 394 of this session as amended by section 33 of this act.

    Sec. 29.  Section 12 of Assembly Bill No. 493 of this session is hereby amended to read as follows:

    Sec. 12.  1.  [Not more than once]At least every 2 years, the regional planning coalition shall review the master plans, facilities plans and other similar plans that it receives pursuant to section 8 of this act, and determine whether those plans are in substantial conformance with the comprehensive regional policy plan.

    2.  If the regional planning coalition determines that a plan reviewed pursuant to subsection 1 is not in substantial conformance with the comprehensive regional policy plan, the regional planning coalition shall return the plan to the submitting entity accompanied by recommendations regarding the manner in which the submitting entity may bring the plan into substantial conformance with the comprehensive regional policy plan.

    3.  Within 90 days after the date on which a submitting entity receives the plan and recommendations from the regional planning coalition pursuant to subsection 2, the submitting entity shall provide to the regional planning coalition a written response setting forth the:

    (a) Manner in which the submitting entity changed the plan to be in substantial conformance with the comprehensive regional policy plan; or

    (b) Reasons of the submitting entity for not bringing the plan into substantial conformance.

    4.  If the regional planning coalition determines that all the plans that a city or county is required to submit pursuant to section 8 of this act are in substantial conformance with the comprehensive regional policy plan, the regional planning coalition shall issue to the city or county a certificate or other indicia of that determination. Upon receipt of such a certificate or other indicia, the city or county, until the next time the regional planning coalition reviews the plans of the city or county pursuant to subsection 1, is entitled to establish its own policies and procedures with respect to regional planning, to the extent that those policies and procedures do not conflict with federal or state law.

    Sec. 30.  Assembly Bill No. 493 of this session is hereby amended by adding thereto a new section designated section 12.5, following sec. 12, to read as follows:

    Sec. 12.5.  NRS 278.010 is hereby amended to read as follows:

    278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 3 to 12, inclusive, of this act unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meanings ascribed to them in those sections.

    Sec. 31.  Section 13 of Assembly Bill No. 493 of this session is hereby amended to read as follows:

    Sec. 13.  Each governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall, on or before May 1, 2000, submit to the regional planning coalition for its review all existing master plans, facilities plans and other similar plans of the governing body, regional agency, state agency or public utility. As used in this section, “regional planning coalition” has the meaning ascribed to it in section 2 of Senate Bill No. 394 of this session.

    Sec. 32.  Section 14 of Assembly Bill No. 493 of this session is hereby amended to read as follows:

    Sec. 14.  The regional planning coalition:

    1.  Shall:

    (a) On or before March 1, 2001:

        (1) Adopt a comprehensive regional policy plan in accordance with section 5 of this act. Before approving the plan, the regional planning coalition shall hold public hearings on the proposed plan in the cities and unincorporated areas within the county.

        (2) In cooperation with local governmental entities within the county, develop guidelines to determine whether master plans, facilities plans and other similar plans established by those entities would conform with the comprehensive regional policy plan.

    (b) On or before July 1, 2001, establish a preliminary definition for the term “project of regional significance.” In establishing the definition, the regional planning commission shall consider the factors set forth in paragraphs (a) and (b) of subsection 2 of section 7 of this act.

    (c) On or before July 1, 2002, review the master plans, facilities plans and other similar plans that it receives pursuant to section 8 of this act, and determine whether those plans are in conformance with the comprehensive regional policy plan.

    2.  May, on or before February 1, 2001, submit three requests for proposed legislation to the legislature if the regional planning coalition determines that the proposed legislation is necessary to:

    (a) Ensure the adequacy and consistency of activities within the region that are related to regional planning; or

    (b) Enable local governmental entities within the region to carry out their authority to govern in a more efficient manner.

    3.  As used in this section, “regional planning coalition” has the meaning ascribed to it in section 2 of Senate Bill No. 394 of this session.

    Sec. 33.  Section 3 of Senate Bill No. 394 of this session is hereby amended to read as follows:

    Sec. 3.  In a county whose population is 400,000 or more, the board of county commissioners and the city council of each of at least the three largest cities in the county shall establish a regional planning coalition by cooperative agreement pursuant to chapter 277 of NRS. [The regional planning coalition may:

   1.  Develop policies for the region, including, without limitation, the promotion of orderly development, coordinated land use planning and the efficient provision of services to urban areas, including, without limitation, roads, water and sewer service and police and fire protection, mass transit, libraries and parks;

    2.  Coordinate sources of information;

    3.  Establish standardized projections for population;

    4.  Recommend measures to increase the efficiency of governmental entities and services;

    5.  Make recommendations regarding the disposal of federal land;

    6.  Establish methods for resolving disputes regarding annexation and other matters that arise between jurisdictions; and

    7.  Not more than once every 2 years, review:

    (a) Master plans adopted by the governing body of the county and each city; and

    (b) The annual plan for capital improvements prepared by the governing body of each local government in the county pursuant to NRS 278.0226.]

    Sec. 34.  Section 4 of Senate Bill No. 394 of this session is hereby amended to read as follows:

    Sec. 4.  1.  [In a county whose population is 400,000 or more, the]The regional planning coalition shall cooperate with the local air pollution control board and the regional transportation commission in the county in which it is located to:

    (a) Ensure that the plans, policies and programs adopted by each of them are consistent to the greatest extent practicable.

    (b) [Establish]In addition to the comprehensive regional policy plan required by section 5 of Assembly Bill No. 493 of this session as amended by section 24 of Senate Bill No. 391 of this session, establish and carry out a program of integrated, long-range planning that conserves the economic, financial and natural resources of the region and supports a common vision of desired future conditions.

    2.  Before adopting or amending a plan, policy or program, the regional planning coalition shall:

    (a) Consult with the local air pollution control board and the regional transportation commission; and

    (b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with:

        (1) The plans, policies and programs adopted or proposed to be adopted by the local air pollution control board and the regional transportation commission; and

        (2) Plans for capital improvements that have been prepared pursuant to NRS 278.0226.

    3.  If the program for control of air pollution established and administered by the local air pollution control board includes measures for the control of traffic or transportation, the regional planning coalition shall consider recommending the use of alternative land use designations, densities and design standards to meet local and regional needs with respect to transportation.

    4.  Not more than once every 2 years, the regional planning coalition shall:

    (a) Prepare a report that summarizes the policies related to land use, transportation and air quality which it has adopted and which the local air pollution control board and the regional transportation commission have adopted; and

    (b) Submit a copy of the report to the:

        (1) County clerk of the appropriate county;

        (2) Division of environmental protection of the state department of conservation and natural resources;

        (3) Division of state lands of the state department of conservation and natural resources; and

        (4) Department of transportation.

    5.  As used in this section:

    (a) “Local air pollution control board” means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.

    (b) “Regional transportation commission” means a regional transportation commission created and organized in accordance with chapter 373 of NRS.

    Sec. 35.  Sections 2 and 4 of Assembly Bill No. 493 of this session are hereby repealed.”.

    Amend sec. 23, pages 22 and 23, by deleting lines 27 through 40 on page 22 and line 1 on page 23, and inserting:

    “Sec. 36.  1.  This section and sections 1 to 13, inclusive, and 14 of this act become effective on October 1, 1999.

    2.  Sections 15 and 33 of this act become effective at 12:01 a.m. on October 1, 1999.

    3.  Sections 23, 28 and 35 of this act become effective on December 31, 1999.

    4.  Section 30 of this act becomes effective on January 1, 2000.

    5.  Sections 24 to 27, inclusive, 29, 31 and 32 of this act become effective at 12:01 a.m. on January 1, 2000.

    6.  Section 13.3 of this act becomes effective on July 1, 2000.

    7.  Section 34 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.

    Amend sec. 23, page 23, line 2, by deleting “7.” and inserting “8.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to land use planning; providing for the establishment of provisions to preserve the rural character and density of certain areas in larger counties; providing for a governing body to establish an analysis of the cost to construct infrastructure in certain areas; authorizing the governing body to enter into agreements to carry out the plan for the development of infrastructure in certain areas; revising the limitation on local control over the location of housing for persons with disabilities; requiring the health division of the department of human resources to maintain a registry of residential facilities for groups;and providing other matters properly relating thereto.”.

    Assemblyman Bache moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 391.

    Remarks by Assemblyman Bache.

    Motion carried.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 423, 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.

 

Chris Giunchigliani	Maggie Carlton
David R. Parks	Dean A. Rhoads
Dennis Nolan	Mark E. Amodei
Assembly Conference Committee	Senate Conference Committee

    Assemblywoman Giunchigliani moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 423.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Lee, Goldwater and Humke as a second Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 423.

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 376, 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. CA20, which is attached to and hereby made a part of this report.

 

Tom Collins	Maurice Washington
Marcia de Braga	Valerie Wiener
Douglas A. Bache	Michael A. Schneider
Assembly Conference Committee	Senate Conference Committee

 

    Conference Amendment No. CA20.

    Amend section 1, page 2, by deleting lines 31 and 32 and inserting:

“of NRS, may contract with the sheriff of that county for the provision of police services in the public”.

    Amend the title of the bill by deleting the fifth line and inserting:

“to contract with the county sheriff for police services; providing for”.

    Assemblyman Collins moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 376.

    Remarks by Assemblyman Collins.

    Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Ways and Means, to which were referred Senate Bills Nos. 70, 165, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Ways and Means, to which was re-referred Senate Bill No. 432, 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 all rules be suspended, and that Assembly Bill Nos. 205, 696 and Senate Bill No. 279 be declared emergency measures under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

    Assemblyman Perkins moved that Senate Bill No. 544 be placed on the General File.

    Motion carried.

general file and third reading

    Assembly Bill No. 205.

    Bill read third time.

    Remarks by Assemblymen Neighbors, Von Tobel and Segerblom.

    Roll call on Assembly Bill No. 205:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Assembly Bill No. 205 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 696.

    Bill read third time.

    Remarks by Assemblyman Arberry.

    Roll call on Assembly Bill No. 696:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Assembly Bill No. 696 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 70.

    Bill read third time.

    Remarks by Assemblyman Arberry.

    Roll call on Senate Bill No. 70:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Senate Bill No. 70 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 165.

    Bill read third time.

    Remarks by Assemblyman Arberry.

    Roll call on Senate Bill No. 165:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Senate Bill No. 165 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 279.

    Bill read third time.

    Remarks by Assemblyman Parks.

    Roll call on Senate Bill No. 279:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Senate Bill No. 279 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 432.

    Bill read third time.

    Remarks by Assemblywoman Chowning.

    Roll call on Senate Bill No. 432:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Senate Bill No. 432 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 544.

    Bill read third time.

    Remarks by Assemblyman Parks.

    Roll call on Senate Bill No. 544:

    Yeas—40.

    Nays—Goldwater.

    Excused—Evans.

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

    Bill ordered transmitted to the Senate.

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 12.

    The following Senate amendment was read:

    Amendment No 751.

    Amend section 1, page 1, line 1, by deleting “233” and inserting “233B”.

    Amend sec. 2, page 2, line 3, after “a” by inserting “written”.

    Amend sec. 2, page 2, line 29, by deleting “general”.

    Amend sec. 2, page 2, line 33, by deleting “interest; or” and inserting “interest;”.

    Amend sec. 2, page 2, line 38, by deleting “484.781.” and inserting:

“484.781; or

    (o) The classification of wildlife or the designation of seasons for hunting, fishing or trapping by regulation of the board of wildlife commissioners pursuant to the provisions of Title 45 of NRS.”.

    Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 12.

    Remarks by Assemblyman Bache.

    Motion carried.

    Bill ordered enrolled.

Recede From Assembly Amendments

    Assemblyman Williams moved that the Assembly do not recede from its action on Senate Bill No. 445, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

    Remarks by Assemblyman Williams.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Chowning, Koivisto and Brower as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 445.

Consideration of Senate Amendments

    Assembly Bill No. 285.

    The following Senate amendment was read:

    Amendment No 1159.

    Amend section 1, page 2, line 37, after “2.” by inserting:

“Money to carry out the program in an amount not to exceed $3,200,000 must be provided for the period between the fiscal year beginning on July 1, 1999 and the fiscal year ending on June 30, 2001, by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $3,200,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this subsection must be deposited in the fund to protect the Lake Tahoe Basin created pursuant to section 2 of this act and, except as otherwise provided in this subsection, must be used as follows:

    (a) Sand Harbor Visitor/Administrative Center BMPs        $1,000,000

    (b) North Canyon Hiking Trail                   15,000

    (c) Sand Harbor Erosion Control               100,000

    (d) Upland Wildlife Habitat Enhancement                                        66,000

    (e) North Canyon Old Growth Habitat Restoration                           130,000

    (f) Forest Restoration - Phase I                  1,500,000

    (g) Sand Harbor-Memorial Point Trail            56,000

    (h) Hidden Beach Rehabilitation, BMPs            106,000

    (i) Sugar Pine Old Growth Habitat Restoration                           75,000

    (j) Project contingency    152,000

If an amount authorized pursuant to this subsection is insufficient to allow the completion of the project for which it is authorized, the Interim Finance Committee, upon the request of the Division of State Lands of the State Department of Conservation and Natural Resources, may increase the amount authorized for the project and offset the increase by reducing the amount authorized for another project or projects pursuant to this subsection by the amount of the increase. The Division of State Lands may use money authorized pursuant to this subsection for a project other than a project listed in this subsection if the Interim Finance Committee approves such a use in writing before the Division engages in the project. The Division of State Lands may allocate money pursuant to paragraph (j) without the prior approval of the Interim Finance Committee.

    3.”.

    Amend section 1, page 2, line 38, by deleting “$56,400,000 must” and inserting “$53,200,000 may”.

    Amend section 1, page 2, line 39, by deleting “1999,” and inserting “2001,”.

    Amend section 1, page 2, line 41, by deleting “$56,400,000.” and inserting “$53,200,000.”.

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

“With the prior approval of the Legislature or the Interim Finance Committee, the”.

    Amend section 1, page 3, by deleting line 5, and inserting:

    “4.  The amount of bonds authorized by subsection 3 must be reduced by”.

    Amend section 1, page 3, line 12, by deleting “4.” and inserting “5.”.

    Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 285.

    Remarks by Assemblyman Arberry.

    Motion carried.

    Bill ordered enrolled.

Recede From Assembly Amendments

    Assemblyman Williams moved that the Assembly do not recede from its action on Senate Bill No. 104, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

    Remarks by Assemblyman Williams.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblywomen Cegavske, Chowning and Parnell as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 104.

Recede From Assembly Amendments

    Assemblywoman Chowning moved that the Assembly do not recede from

its action on Senate Bill No. 302, 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 Collins, Claborn and Gustavson as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 302.

MOTIONS, RESOLUTIONS AND NOTICES

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

    Motion carried.

    Assembly in recess at 2:39 p.m.

ASSEMBLY IN SESSION

    At 6:31 p.m.

    Mr. Speaker presiding.

    Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 699, 700; Senate Bill No. 551, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Ways and Means, to which was referred Assembly Bill No. 330, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

Mr. Speaker:

    Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 598, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 29, 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. 386, 454, 690, 695.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 64, Amendment No. 1197; Assembly Bill No. 189, Amendment No. 1202; Assembly Bill No. 220, Amendment No. 1192; Assembly Bill No. 684, Amendment No. 1195, and respectfully requests your honorable body to concur in said amendments.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 13, 46, 53; Senate Concurrent Resolution No. 4.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 1150 to Senate Bill No. 438.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Joint Resolution No. 5 of the 69th Session, Senate Amendment No. 1093, and requests a conference, and appointed Senators O'Donnell, Porter and Neal as a first Conference Committee to meet with a like committee of the Assembly.

    Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Connell, Porter and O'Donnell as a first Conference Committee concerning Senate Bill No. 478.

    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. 238 and appointed Senators Washington, Townsend and Schneider as a second Conference Committee to meet with a like committee of the Assembly for further consideration of Assembly Bill No. 238.

    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. 318.

    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. 617.

    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. 16.

    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. 360.

                                      Mary Jo Mongelli

                        Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    Senate Concurrent Resolution No. 4.

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

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 330.

    Bill read second time.

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

    Amendment No. 1213.

    Amend section 1, page 2, line 19, by deleting “2003,” and inserting “2004,”.

    Amend sec. 2, page 2, line 22, by deleting:

“upon passage and approval.” and inserting:

“on July 1, 2000.”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

general file and third reading

    Assembly Bill No. 598.

    Bill read third time.

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

    Amendment No. 828.

    Amend section 1, pages 1 and 2, by deleting lines 13 through 16 on page 1 and lines 1 through 32 on page 2, and inserting:

    “2.  All plans and specifications for the construction of public buildings and facilities owned by the [state] State of Nevada or by a political subdivision[, district, authority, board or public corporation or entity of the state] thereof must, after July 1, 1973, [must] provide facilities and features for the physically handicapped so that buildings which are normally used by the public are constructed with entrance ramps, toilet facilities, drinking fountains, doors and public telephones accessible to and usable by the physically handicapped. [Such] In addition, all plans and specifications for the construction or alteration of public buildings and facilities owned by the State of Nevada or a political subdivision thereof must comply with the applicable requirements of the:

    (a) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations;

    (b) Minimum Guidelines and Requirements for Accessible Design, 36 C.F.R. §§ 1190.1 et seq.; and

    (c) Fair Housing Act, 42 U.S.C. § 3604, and the regulations adopted pursuant thereto.

The requirements of paragraph (a) of this subsection are not satisfied if the plans and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

    3.  The State of Nevada and each political subdivision thereof shall, in the design, construction and alteration of public buildings and facilities comply with the applicable requirements of the:

    (a) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations;

    (b) Minimum Guidelines and Requirements for Accessible Design, 36 C.F.R. §§ 1190.1 et seq.; and

    (c) Fair Housing Act, 42 U.S.C. § 3604, and the regulations adopted pursuant thereto.

The requirements of paragraph (a) of this subsection are not satisfied if the State of Nevada or a political subdivision thereof complies solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

    4.  The state public works board shall verify that all public buildings and facilities [must] owned by the State of Nevada conform with the [Minimum Federal Guidelines and Requirements for Accessible Design, as issued by the United States Architectural and Transportation Barriers Compliance Board in the Federal Register of January 16, 1981.] requirements of this section. Each political subdivision shall verify that all public buildings and facilities owned by the political subdivision conform with the requirements of this section.”.

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

    “Sec. 2.  NRS 278.610 is hereby amended to read as follows:

    278.610  1.  [Except as otherwise provided in subsection 3, after] After the establishment of the position of building inspector and the filling of the position as provided in NRS 278.570, it is unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the territory covered by the building code or zoning regulations without obtaining a building permit from the building inspector.

    2.  The building inspector shall not issue any permit unless the plans of and for the proposed erection, construction, reconstruction, alteration or use fully [conform] :

    (a) Conform to all building code and zoning regulations then in effect.

    (b) If applicable, comply with the provisions of NRS 393.110.

    3.  [The provisions of subsection 1 do not apply to a school district to which the state public works board has delegated its powers and duties under NRS 393.110.

    4.] A building inspector shall not issue a building permit to a person acting for another unless the applicant proves to the satisfaction of the building inspector that he is licensed as a contractor for that work pursuant to the provisions of NRS 624.230 to 624.320, inclusive.”.

    Amend sec. 2, page 3, by deleting lines 1 through 25 and inserting:

“specifications to the state public works board, whose written approval thereof must be obtained before any further consideration by the state board. The state public works board shall [ensure] verify that the plans, designs and specifications comply with all applicable requirements of the Americans with Disabilities Act of 1990 , [(]42 U.S.C. §§ 12101 [to 12213, inclusive).] et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The requirements of this subsection are not satisfied if the plans, designs and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

    3.  The state public works board may charge and collect and the state board may pay a reasonable fee for the costs incurred by the state public works board in approving the standard plans, designs and specifications submitted.”.

    Amend sec. 3, pages 3 through 5, by deleting lines 27 through 43 on page 3, lines 1 through 42 on page 4 and lines 1 through 10 on page 5, and inserting:

    “393.110 1.  Each school district shall, in the design, construction and alteration of school buildings and facilities comply with the applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The requirements of this subsection are not satisfied if a school district complies solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

    2.  Except as otherwise provided in subsection [2:] 3:

    (a) Unless standard plans, designs and specifications are to be used as provided in NRS 385.125, before letting any contract or contracts for the erection of any new school building, the board of trustees of a school district shall submit plans, designs and specifications therefor to and obtain the written approval of the plans, designs and specifications by the state public works board. The state public works board shall review the plans, designs and specifications and make any recommendations as expeditiously as practicable. The state public works board is authorized to charge and collect, and the board of trustees is authorized to pay, a reasonable fee for the payment of any costs incurred by the state public works board in securing the approval of qualified architects or engineers of the plans, designs and specifications submitted by the board of trustees in compliance with the provisions of this paragraph.

    (b) Before letting any contract or contracts for any addition to or alteration of an existing school building which involves structural systems, or exiting, sanitary or fire protection facilities, the board of trustees of a school district shall submit plans, designs and specifications therefor to and obtain the written approval of the plans, designs and specifications by the state public works board. The state public works board shall review the plans, designs and specifications and make any recommendations as expeditiously as practicable. The state public works board is authorized to charge and collect, and the board of trustees is authorized to pay, a reasonable fee for the payment of any costs incurred by the state public works board in securing the approval of qualified architects or engineers of the plans, designs and specifications submitted by the board of trustees in compliance with the provisions of this paragraph.

The state public works board shall [ensure] verify that all plans, designs and specifications that it reviews pursuant to this section comply with all applicable requirements of the Americans with Disabilities Act of 1990 , [ (]42 U.S.C. §§ 12101 [to 12213, inclusive).

    2.  Upon the request of a board of trustees of a school district, or its designated representative, the] et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The requirements of this subsection are not satisfied if the plans, designs and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

    3.  The state public works board may [waive the requirements specified in subsection 1 and delegate its powers and duties thereunder to the district.

    3. ] enter into an agreement with the appropriate building department of a county or city to review plans, designs and specifications of a school district pursuant to subsection 2. If the state public works board [waives the requirements of subsection 1 and delegates its powers and duties thereunder to a school district,]enters into such an agreement, the board of trustees of the school district shall submit a copy of its [final] plans, designs and specifications for any project to which [that section] subsection 2 applies to the building [and planning department of the appropriate city or county before completion] department before commencement of the project[.] for the approval of the building department. The building department shall review the plans, designs and specifications and provide responsive comment as expeditiously as practicable to verify that the plans, designs and specifications comply with all applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., inclusive, and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The building department may charge and collect a reasonable fee from the board of trustees of the school district for the payment of any costs incurred by the building department in reviewing the plans, designs and specifications. A permit for construction must not be issued without the approval of the building department pursuant to this subsection. The requirements of this subsection are not satisfied if the plans, designs and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

    4.  No contract for any of the purposes specified in subsection 1 made by a board of trustees of a school district contrary to the provisions of this section is valid, nor shall any public money be paid for erecting, adding to or altering any school building in contravention of this section.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to public works; requiring governmental entities to comply with certain federal requirements in the design, construction and alteration of public buildings and facilities; requiring the state public works board and local building departments to verify that public buildings and facilities conform with the federal requirements; revising provisions governing the development and review of plans for the construction and alteration of school buildings; and providing other matters properly relating thereto.”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

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

    Assembly Bill No. 699.

    Bill read third time.

    Remarks by Assemblyman Arberry.

    Roll call on Assembly Bill No. 699:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Assembly Bill No. 699 having received a two-thirds majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 700.

    Bill read third time.

    Remarks by Assemblyman Arberry.

    Roll call on Assembly Bill No. 700:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Assembly Bill No. 700 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 551.

    Bill read third time.

    Remarks by Assemblyman Arberry.

    Roll call on Senate Bill No. 551:

    Yeas—41.

    Nays—None.

    Excused—Evans.

    Senate Bill No. 551 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 109, 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. CA18, which is attached to and hereby made a part of this report.

 

Barbara E. Buckley	Jon C. Porter
David R. Parks	Randolph J. Townsend
Lynn C. Hettrick	Raymond C. Shaffer
Assembly Conference Committee	Senate Conference Committee

 

    Conference Amendment No. CA18.

    Amend the bill as a whole by deleting sections 1 through 9, renumbering section 10 as sec. 2, and adding a new section designated section 1, following the enacting clause, to read as follows:

    “Section 1.  Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  An informal merchant shall not offer for sale or knowingly allow the sale of any new product that he knows or reasonably should have known is stolen, has been recalled by the manufacturer, has been adulterated, has not been maintained at the proper temperature, has an expiration date that has passed, has been discarded by the manufacturer or a retailer, is an inferior product if he does not clearly indicate such inferiority, or has any other defect that makes the product ineffective for the use for which it is purchased or that makes the product below the quality expected by the consumer.

    2.  An informal merchant who violates the provisions of subsection 1 shall be punished:

    (a) If the sale of the product does not cause substantial bodily harm to another person, for a gross misdemeanor.

    (b) If the sale of the product causes substantial bodily harm to another person, for a category C felony as provided in NRS 193.130.

    3.  Upon request of a peace officer, an informal merchant shall provide reliable evidence of the legal acquisition of a new product that the merchant is offering for sale. If it is determined that the product was stolen and the informal merchant fails to provide such evidence, an inference is created that the informal merchant knew or should have known that the product was stolen.

    4.  As used in this section:

    (a) “Informal market” means:

        (1) A gathering at which:

            (I) Two or more persons offer personal property for sale or exchange;

            (II) A fee is charged for the sale or exchange of personal property; or

            (III) A fee is charged for admission to the area in which personal property is offered for sale or exchange; or

        (2) A place at which personal property is offered or displayed for sale or exchange on more than six occasions in a period of 12 months,

whether held in a building, under cover or in the open air.

    (b) “Informal merchant” means a person who does not have an established retail store in the county and who transports an inventory of goods to an informal market and displays the goods for sale, offers them for sale at retail or sells them at retail.

    (c) “New product” means any tangible good which has never been used or which is in its original, unopened package or container.

    (d) “Stolen” means taken unlawfully from or without the permission of the owner, whether or not the person who took the item is or has been prosecuted or convicted for the taking of the item.”.

    Amend sec. 10, page 4, by deleting lines 42 and 43 and inserting:

    “(2) A bank, credit union or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.”.

    Amend the bill as a whole by adding new sections designated sections 3 through 10, following sec. 10, to read as follows:

    “Sec. 3.  Chapter 647 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 7, inclusive, of this act.

    Sec. 4.  “Used book dealer” means a person who engages in the business of buying and selling used books.

    Sec. 5.  1.  A county may require a person who engages in business as a used book dealer within the county and any employee of the used book dealer who is authorized to purchase books on behalf of the used book dealer to hold a valid work card issued by the sheriff of the county.

    2.  The sheriff of a county shall issue a work card to a used book dealer or an employee of a used book dealer who complies with the requirements established by the sheriff for the issuance of such a card. A work card issued pursuant to this section must be renewed each year.

    3.  If the sheriff of a county requires an applicant for a work card to submit a set of his fingerprints with his application, the sheriff may submit the fingerprints to the central repository for Nevada records of criminal history and to the Federal Bureau of Investigation to determine the criminal history of the applicant.

    Sec. 6.  1.  A used book dealer shall maintain a book at his place of business in which he shall enter:

    (a) A description of each transaction involving the purchase of used books; and

    (b) The full name, address, driver’s license number and general physical description of the person from whom the used book is purchased.

    2.  A used book dealer and an employee of a used book dealer shall not erase, mutilate or change the book maintained pursuant to subsection 1 in any way and the used book dealer shall make the book available for inspection by a law enforcement officer or other county or municipal officer upon request.

    3.  A used book dealer who violates the provisions of this section is guilty of a misdemeanor.

    Sec. 7.  A person who is described in subsection 2 of NRS 647.018:

    1.  Shall comply with the provisions of NRS 647.110, 647.120 and 647.130; and

    2.  Is subject to the provisions of NRS 647.140 and 647.145.

    Sec. 8.  NRS 647.010 is hereby amended to read as follows:

    647.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 647.011 to 647.018, inclusive, and section 4 of this act, have the meanings ascribed to them in those sections.

    Sec. 9.  NRS 647.016 is hereby amended to read as follows:

    647.016 “Junk dealer” means every person, firm or corporation engaged in the business of purchasing or selling hides or junk[.] , other than used books.

    Sec. 10.  NRS 647.018 is hereby amended to read as follows:

    647.018 1.  “Secondhand dealer” means any person engaged in whole or in part in the business of buying and selling metal junk, melted metals or secondhand personal property, other than used books, including, without limitation, antiques and collectibles.

    2.  The term does not include a person who engages in the business of buying or selling secondhand firearms or any antique parts, accessories or other equipment relating to those firearms if:

    (a) The person engages in that business at a show that:

        (1) Is held at:

            (I) A convention facility which is owned or operated by and located on the premises of a resort hotel; or

            (II) A recreational facility which is owned or operated by a county fair and recreation board; and

        (2) Is conducted for not more than 7 days during any 6‑month period; and

    (b) The person has been issued a license as a manufacturer, importer, dealer or collector pursuant to the provisions of 18 U.S.C. § 923.”.

    Amend the bill as a whole by adding a new section designated sec. 12, following sec. 11, to read as follows:

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

    Amend the title of the bill to read as follows:

“AN ACT relating to trade practices; prohibiting an informal merchant from selling new products that have certain defects; authorizing counties to require used book dealers and certain employees of used book dealers to obtain work cards; requiring used book dealers to document certain information related to their business; removing used book dealers from the definition of “junk dealer” and “secondhand dealer”; revising the definition of “secondhand dealer” to exclude certain persons who engage in the business of buying or selling secondhand firearms under certain circumstances; providing penalties; and providing other matters properly relating thereto.”.

    Assemblywoman Buckley moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 109.

    Remarks by Assemblywoman Buckley.

    Motion carried.

Mr. Speaker:

    The first Conference Committee concerning Assembly Bill No. 477, consisting of the undersigned members, has met, and reports that:

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

 

Mark A. Manendo	Michael A. Schneider
David R. Parks	Lawrence E. Jacobsen
Lynn C. Hettrick	Dean A. Rhoads
Assembly Conference Committee	Senate Conference Committee

 

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

    Remarks by Assemblyman Manendo.

    Motion carried.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 16, 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. CA6, which is attached to and hereby made a part of this report.

 

Gene Segerblom	Ann O'Connell
Chris Giunchigliani	Dean A. Rhoads
Bob Beers	Michael A. Schneider
Assembly Conference Committee	Senate Conference Committee

 

    Conference Amendment No. CA6.

    Amend section 1, page 2, by deleting lines 1 through 3 and inserting:

    “(b) “Genetic test” means a test that uses deoxyribonucleic acid extracted from the cells of a person, or a diagnostic test that uses another substance extracted or otherwise obtained from the body of a person, which determines the presence of an”.

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

“The term does not include a test to determine the presence of alcohol or a controlled substance in the system of the person tested.”.

    Assemblywoman Segerblom moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 16.

    Remarks by Assemblywoman Segerblom.

    Motion carried.

Mr. Speaker:

    The first Conference Committee concerning Senate Bill No. 360, 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. CA14, which is attached to and hereby made a part of this report.

 

Dennis Nolan	Jon C. Porter
	Terry Care
Jerry D. Claborn	Dina Titus
Assembly Conference Committee	Senate Conference Committee

 

    Conference Amendment No. CA14.

    Amend the bill as a whole by deleting sections 1 through 4, renumbering sections 5 and 6 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:

    “Section 1.  Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A person shall not knowingly direct light emitted from a laser pointer at a uniformed peace officer, security guard, traffic officer, fireman, emergency medical attendant or ambulance driver or attendant.

    2.  A person who violates the provisions of this section is guilty of a gross misdemeanor.

    3.  As used in this section:

    (a) “Emergency medical attendant” has the meaning ascribed to it in NRS 41.139.

    (b) “Laser pointer” means any device that emits light amplified by the stimulated emission of radiation that is visible to the human eye. The term includes, without limitation, a laser scope intended for use with a firearm.

    (c) “Security guard” has the meaning ascribed to it in NRS 648.016.”.

    Amend the bill as a whole by renumbering sections 7 and 8 as sections 5 and 6 and adding a new section designated sec. 4, following sec. 6, to read as follows:

    “Sec. 4.  Section 8 of Assembly Bill No. 542 of this session is hereby amended to read as follows:

    Sec. 8.  NRS 484.3792 is hereby amended to read as follows:

    484.3792 1.  A person who violates the provisions of NRS 484.379:

    (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:

        (1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;

        (2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and

        (3) Fine him not less than $400 nor more than $1,000.

    (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court:

        (1) Shall sentence him to:

            (I) Imprisonment for not less than 10 days nor more than 6 months in jail; or

            (II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive, or 5.0755 to 5.078, inclusive;

        (2) Shall fine him not less than $750 nor more than $1,000;

        (3) Shall order him to perform not less than 100 hours, but not more than 200 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and

        (4) May order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.

    (c) For a third or subsequent offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

    2.  An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

    3.  A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

    4.  A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

    5.  Jail sentences simultaneously imposed pursuant to this section and NRS 483.560 or 485.330 or section 3 of this act must run consecutively.

    6.  If the person who violated the provisions of NRS 484.379 possesses a driver’s license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

    (a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or

    (b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,

and the court shall notify the department if the person fails to complete the assigned course within the specified time.

    7.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

    8.  As used in this section, unless the context otherwise requires, “offense” means a violation of NRS 484.379 or 484.3795 or a homicide resulting from the driving of a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction that prohibits the same or similar conduct.”.

    Amend sec. 8, page 5, line 28, by deleting “6” and inserting “3”.

    Assemblyman Anderson moved that the Assembly do not adopt the report of the first Conference Committee concerning Senate Bill No. 360, that a second conference be requested, and that Mr. Speaker appoint a second Conference Committee consisting of three members to meet with a like committee of the Senate.

    Remarks by Assemblyman Anderson.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Manendo, Carpenter and Collins as a second Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 360.

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

    Assembly in recess at 6:57 p.m.

ASSEMBLY IN SESSION

    At 7:22 p.m.

    Mr. Speaker presiding.

    Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Ways and Means, to which was referred Senate Bill No. 184, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Ways and Means, to which was re-referred Assembly Bill No. 597, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

SECOND READING AND AMENDMENT

    Senate Bill No. 184.

    Bill read second time.

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

    Amendment No. 1218.

Amend section 1, page 1, line 2, by deleting “2” and inserting “1.3”.

    Amend the bill as a whole by adding new sections designated sections 1.3 through 1.7, following section 1, to read as follows:

    “Sec. 1.3.  As used in sections 1.3 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 1.5 and 1.7 of this act have the meanings ascribed to them in those sections.

    Sec. 1.5.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

    Sec. 1.7.  “Program of treatment” means a program of treatment for the abuse of alcohol or drugs that is supervised by a judge.”.

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

“director shall, after consulting with the division, refer the offender”.

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

“participate successfully in and benefit from a program of treatment and:”.

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

“judge in the judicial district to which the offender would be assigned pursuant to section 10 of this act will”.

    Amend sec. 2, page 2, by deleting lines 6 through 10 and inserting:

“participation in a program of treatment, including, without limitation, costs for room and board, and to meet any existing obligation for restitution to any victim of his crime, or a judge in the judicial district to which the offender would be assigned will assist the offender to ensure that the offender”.

    Amend sec. 2, page 2, by deleting lines 20 through 23 and inserting:

“offender should be assigned to the custody of the division to be assigned to participate in a program of treatment, the director shall assign the offender to the custody of the division to be assigned to participate in a program of treatment for a minimum of 1 year, but not longer than the remainder of his sentence.”.

    Amend sec. 2, page 2, line 25, by deleting “a court” and inserting “the division”.

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

“The standards must be approved by the board and reviewed by the interim finance committee.”.

    Amend sec. 2, page 2, by deleting lines 37 through 40 and inserting:

    “(d) Has been convicted of more than one felony in this state or any offense in another state that would be a felony if committed in this state, unless each felony or offense which the offender has been convicted of arose out of the same act, transaction or occurrence;”.

    Amend sec. 2, page 3, by deleting lines 4 through 10 and inserting:

“is not eligible for assignment to the custody of the division pursuant to this section to be assigned to participate in a program of treatment.

    4.  The director shall adopt regulations requiring offenders who are assigned to the custody of the division pursuant to this section to reimburse a court, the division and the department for any costs incurred pursuant to sections 1.3 to 5, inclusive, and 10 of this act. The regulations must be approved by the board and reviewed by the interim finance committee.

    5.  A court to which an offender has been assigned pursuant to section 10 of this act may return the offender to the custody of the department at any time.

    6.  If an offender assigned to the custody of the division pursuant to this section violates any of the terms or conditions imposed by a court to which the offender has been assigned pursuant to section 10 of this act and”.

    Amend sec. 2, page 3, by deleting line 18 and inserting:

    “7.  The assignment of an offender to the custody of the division pursuant”.

    Amend sec. 2, page 3, line 27, by deleting “7.” and inserting “8.”.

    Amend sec. 2, page 3, line 28, by deleting “a court” and inserting “the division”.

    Amend sec. 2, page 3, by deleting lines 29 and 30 and inserting:

“an assignment, and it is not intended that the provisions of sections 1.3 to 5, inclusive, or section 10 of this act create any right or interest in”.

    Amend sec. 2, page 3, line 34, by deleting “8.” and inserting “9.”.

    Amend sec. 2, page 3, by deleting lines 35 and 36 and inserting:

“custody of the division pursuant to this section to be assigned to participate in a program of treatment during each biennium.”.

    Amend sec. 3, pages 3 and 4, by deleting lines 37 through 43 on page 3 and lines 1 through 4 on page 4, and inserting:

    “Sec. 3.  1.  A court that operates a program of treatment to which an offender is assigned pursuant to section 10 of this act shall submit a claim to the department for the cost of the offender to participate in the program of treatment at the rate of $1,500 for the first month that the offender participates in the program and $250 for each month thereafter that the offender participates in the program, pro rata for any month that the offender participates for less than a month, up to the date on which the offender would probably be released from prison, as determined by the director pursuant to section 2 of this act.

    2.  For each offender assigned to the custody of the division pursuant to section 2 of this act, the division shall submit a claim to the department for the cost of supervising the participation of the offender in the program at the rate of $100 for each month that the offender participates in the program, pro rata for any month that the offender participates for less than a month, up to the date on which the offender would probably be released from prison, as determined by the director pursuant to section 2 of this act.

    3.  Except as otherwise provided in subsection 4, claims submitted pursuant to subsections 1 and 2 must be paid in the same manner as other claims against the state are paid, from money appropriated to the department.

    4.  Funding for the payments made by the department pursuant to this section must be accrued from the savings incurred by the department as the result of assigning offenders to the custody of the division pursuant to section 2 of this act. Such savings must be documented, and the documentation must be reviewed and approved by the director of the department of administration. Upon the recommendation of the governor and after being approved by the interim finance committee, the amount of the savings must be transferred from the purpose for which it was designated to the budget of the director for payment pursuant to this section.”.

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

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

“assigned to the custody of the division to be assigned to participate in a program of treatment.”.

    Amend sec. 4, page 4, line 12, by deleting:

“meet regularly to”.

    Amend sec. 4, page 4, by deleting lines 14 through 19 and inserting:

“be assigned to the custody of the division to be assigned to participate in a program of treatment.

    3.  If a majority of the members of the advisory board determine that an offender should be assigned to the custody of the division to be assigned to participate in a program of treatment and the judge of the”.

    Amend sec. 5, page 4, by deleting lines 26 and 27 and inserting:

“experience related to a program of treatment;”.

    Amend sec. 5, page 4, line 30, by deleting “A” and inserting:

“An attorney regularly assigned to represent offenders who are participating in a program of treatment, or a”.

    Amend sec. 6, page 5, line 25, by deleting “a court” and inserting:

“the division of parole and probation of the department of motor vehicles and public safety”.

    Amend sec. 7, page 6, line 1, by deleting “a court” and inserting:

“the division of parole and probation of the department of motor vehicles and public safety”.

    Amend sec. 8, page 6, line 38, by deleting “a court” and inserting:

“the division of parole and probation of the department of motor vehicles and public safety”.

    Amend sec. 9, page 7, line 28, by deleting “a court” and inserting:

“the division of parole and probation of the department of motor vehicles and public safety”.

    Amend sec. 9, page 7, lines 33 and 34, by deleting “a court” and inserting:

“the division of parole and probation of the department of motor vehicles and public safety”.

    Amend sec. 10, page 8, by deleting lines 1 through 38 and inserting:

    “Sec. 10.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

    The division of parole and probation of the department of motor vehicles and public safety shall:

    1.  Supervise each offender who is assigned to the custody of the division pursuant to section 2 of this act; and

    2.  Assign each offender who is assigned to the custody of the division pursuant to section 2 of this act to participate in a program of treatment for the abuse of alcohol or drugs.”.

    Amend sec. 11, page 8, by deleting lines 42 and 43 and inserting:

“treatment for the abuse of alcohol or drugs by certain persons that are supervised by a judge in the Second Judicial District. The appropriation must be disbursed as follows:”.

    Amend sec. 12, page 9, by deleting lines 5 through 7 and inserting:

“State of Nevada the sum of $700,000 for the continuation of its programs of treatment for the abuse of alcohol or drugs by certain persons that are supervised by a judge in the Eighth Judicial District.”.

    Amend sec. 12, page 9, by deleting line 11 and inserting “District.”.

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

“the division of parole and probation of the department of motor vehicles and public safety”.

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

“division of parole and probation of department of motor vehicles and public safety”.

    Assemblyman Arberry moved the adoption of the amendment.

    Remarks by Assemblyman Arberry.

    Amendment adopted.

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

general file and third reading

    Assembly Bill No. 597.

    Bill read third time.

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

    Amendment No. 1217.

    Amend section 1, page 1, line 2, by deleting “1.5,”.

    Amend the bill as a whole by deleting sec. 1.5.

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

“superintendent of public instruction.” and inserting:

“director of the department of administration.”.

    Amend sec. 2, page 2, line 12, by deleting:

“superintendent of public instruction” and inserting:

“director of the department of administration”.

    Amend the bill as a whole by deleting sections 3 through 11, renumbering sec. 12 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:

    “Sec. 3.  1.  The board of trustees of a school district may apply to the director of the department of administration for a grant of money from the fund created pursuant to section 2 of this act on a form provided by the director of the department of administration. The application must be accompanied by proof that the following emergency conditions exist within the school district:

    (a) The assessed valuation of the taxable property in the county in which the school district is located is declining and all other resources available to the school district for financing capital improvements are diminishing;

    (b) The combined ad valorem tax rate of the county is at the limit imposed by NRS 361.453; and

    (c) At least:

        (1) One building that is located on the grounds of a school within the school district has been condemned;

        (2) One of the facilities that is located on the grounds of a school within the school district is unsuitable for use as a result of:

            (I) Structural defects;

            (II) Barriers to accessibility; or

            (III) Hazards to life, health or safety, including, without limitation, environmental hazards and the operation of the facility in an unsafe manner; or

        (3) One of the facilities that is located on the grounds of a school within the school district is in such a condition that the cost of renovating the facility would exceed 40 percent of the cost of constructing a new facility.

    2.  Upon receipt of an application submitted pursuant to subsection 1, the director of the department of administration shall forward the application to the:

    (a) Department of taxation to determine whether or not:

        (1) The application satisfies the showing of proof required pursuant to paragraphs (a) and (b) of subsection 1; and

        (2) The board of county commissioners in the county in which the school district is located has imposed a tax of more than one-eighth of 1 percent pursuant to NRS 377B.100; and

    (b) State public works board to determine whether the application satisfies the showing of proof required pursuant to paragraph (c) of subsection 1; and

    (c) Department of education for informational purposes.

    3.  The department of taxation and the state public works board shall submit written statements of their determinations pursuant to subsection 2 regarding an application to the director of the department of administration. Upon receipt of such statements, the director shall submit the application accompanied by the written statements from the department of taxation and state public works board to the state board of examiners for approval.

    4.  The director of the department of administration shall make grants from the fund created pursuant to section 2 of this act based upon the need of each school district whose application is approved by the state board of examiners.

    5.  The director of the department of administration shall adopt regulations that prescribe the annual deadline for submission of an application to the director of the department of administration by a school district that desires to receive a grant of money from the fund.”.

    Amend sec. 12, page 9, by deleting lines 21 through 26 and inserting:

    “6.  A municipality may issue special or medium-term obligations”.

    Amend the bill as a whole by deleting sections 13 through 15, renumbering sec. 16 as sec. 13 and adding new sections designated sections 5 through 12, following sec. 12, to read as follows:

    “Sec. 5.  Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 6 and 7 of this act.

    Sec. 6. 1.  A tax is hereby imposed on all retailers within a county in which:

    (a) The board of county commissioners of the county has not imposed a tax of more than one-eighth of 1 percent pursuant to NRS 377B.100;             

    (b) The board of trustees of a county school district has applied for a grant from the fund to assist school districts in financing capital improvements pursuant to section 3 of this act; and

    (c) The state board of examiners has approved the application by the board of trustees.

    2.  The rate of the tax imposed by subsection 1 is one-eighth of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in the county.

    Sec. 7.  1.  The collection of the tax imposed by section 6 of this act must be commenced on the first day of the first calendar quarter that begins at least 30 days after the last condition in subsection 1 of section 6 of this act is met.

    2.  The tax must be collected and distributed in the manner set forth in chapter 374 of NRS.

    3.  The board of trustees of the school district shall transfer the proceeds of the tax imposed by section 6 of this act from the county school district fund to the fund described in NRS 354.611 which has been established by the board of trustees. The money deposited in the fund described in NRS 354.611 pursuant to this subsection must be accounted for separately in that fund and must only be expended by the board of trustees for the cost of the extraordinary maintenance, extraordinary repair and extraordinary improvement of school facilities within the county.

    Sec. 8.  Sections 23, 24, 25, 29 and 31 of chapter 516, Statutes of Nevada 1997, at pages 2467, 2468, 2469 and 2470, respectively, are hereby amended to read as follows:

    Sec. 23.  1.  There is hereby created the state planning commission for the new construction, design, maintenance and repair of school facilities. The membership of the commission consists of 10 members selected as follows:

    (a)  Two members of the legislature appointed by the majority leader of the senate, one of whom must represent a rural area of this state;

    (b) Two members of the legislature appointed by the speaker of the assembly, one of whom must represent a rural area of this state;

    (c) The superintendent of public instruction;

    (d) One member who is employed by a city and has substantial experience in financial matters with respect to cities, appointed by the Nevada League of Cities;

    (e) One member who is employed by a county and has substantial experience in financial matters with respect to counties, appointed by the Nevada Association of Counties;

    (f) One member who is employed by a school district and has substantial experience in financial matters with respect to school districts, appointed by the Nevada School Trustees Association;

    (g) The director of the department of administration in his capacity as chairman of the state public works board or his designee; and

    (h) The executive director of the department of taxation or his designee.

    2.  The members of the commission shall elect a chairman from among their members.

    3.  Except during a regular or special session of the legislature, for each day or portion of a day during which a member of the commission who is a legislator attends a meeting of the commission or is otherwise engaged in the work of the commission, he is entitled to receive the:

    (a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session;

    (b) Per diem allowance provided for state officers and employees generally; and

    (c) Travel expenses pursuant to NRS 218.2207.

The compensation, per diem allowances and travel expenses of the members of the commission who are legislators must be paid from the legislative fund.

    4.  For each day or portion of a day during which a member of the commission who is not a legislator attends a meeting of the commission or is otherwise engaged in the work of the commission, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, if the legislature has made an appropriation or otherwise made available money for this purpose.

    Sec. 24.  1.  The commission shall hold at least four meetings annually and may hold additional meetings at the call of the chairman.

    2.  The commission shall:

    (a) Develop a plan pursuant to which each school district in this state may adequately finance the costs of designing and constructing new school facilities and maintaining and repairing existing school facilities in the school district. The plan must provide for the efficient use of resources in the design, construction, maintenance and repair of school facilities.

    (b) Review the number of hours required to transport pupils by bus to and from school and the costs associated with that transportation, and compare those costs to the costs that would be incurred to build new school facilities or change the boundaries of the zones within which pupils are transported to certain schools.

    3.  The board of trustees of each school district shall:

    (a) Comply with all requests by the commission for information, including, without limitation, the projections for the enrollment of pupils in a school district for the succeeding 10 years; and

    (b) Otherwise cooperate with the commission in carrying out its duties pursuant to this section.

    Sec. 25.  1.   The department of education shall provide administrative support to the commission.

    2.  In carrying out its duties pursuant to subsection 1, the department of education shall ensure that notice of the meetings of the commission is provided to the director of the legislative counsel bureau for publication with the agendas of scheduled meetings of the legislative committees that are published by the legislative counsel bureau.

    Sec. 29.  1.  There is hereby appropriated from the state general fund to the state planning commission for the new construction, design, maintenance and repair of school facilities created pursuant to section 23 of this act the sum of $75,000 for use by the state planning commission for:

    (a) The carrying out of the duties set forth in section 24 of this act; and

    (b) Expenses relating to the operation of the state planning commission.

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 31.  1.  This section and sections 1 to 7, inclusive, 9, 10, 22 to 25, inclusive, and 27 to 30, inclusive, of this act, become effective upon passage and approval. Sections 22 to 25, inclusive, of this act, expire by limitation on June 30, 2001.

    2.  Sections 11, 11.5, 13, 14, 14.5, 16, 20 and 21 of this act become effective on August 1, 1997.

    3.  Sections 8, 12 and 15 of this act become effective on July 1, 1999.

    4.  Sections 17, 18 and 19 of this act become effective on October 1, 1997.

    Sec. 9.  Section 2 of Senate Bill No. 501 of this session is hereby amended to read as follows:

    Sec. 2.  NRS 350.020 is hereby amended to read as follows:

    350.020 1.  Except as otherwise provided by subsections 3 and 4, if a municipality proposes to issue or incur general obligations, the proposal must be submitted to the electors of the municipality at a special election called for that purpose or the next general municipal election or general state election.

    2.  Such a special election may be held:

    (a) At any time, including, without limitation, on the date of a primary municipal election or a primary state election, if the governing body of the municipality determines, by a unanimous vote, that an emergency exists; or

    (b) On the first Tuesday after the first Monday in June of an odd-numbered year.

The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.

    3.  If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net revenue of a project to be financed by its issue, and the governing body determines, by an affirmative vote of two-thirds of the members elected to the governing body, that the pledged revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may, after a public hearing, incur this general obligation without an election unless, within 60 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not less than 5 percent of the registered voters of the municipality who together with any corporate petitioners own not less than 2 percent in assessed value of the taxable property of the municipality. Any member elected to the governing body whose authority to vote is limited by charter, statute or otherwise may vote on the determination required to be made by the governing body pursuant to this subsection. The determination by the governing body becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election and assessed values must be determined from the next preceding final assessment roll. An authorized corporate officer may sign such a petition whether or not he is a registered voter. The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. Notice of the public hearing must be published at least 10 days before the day of the hearing. The publications must be made once in a newspaper of general circulation in the municipality. When published, the notice of the public hearing must be at least as large as 5 inches high by 4 inches wide.

    4.  The board of trustees of a school district may issue general obligation bonds which are not expected to result in an increase in the existing property tax levy for the payment of bonds of the school district without holding an election for each issuance of the bonds if the qualified electors approve a question submitted by the board of trustees that authorizes issuance of bonds for a period of 10 years after the date of approval by the voters. If the question is approved, the board of trustees of the school district may issue the bonds for a period of 10 years after the date of approval by the voters, after obtaining the approval of the debt management commission in the county in which the school district is located and, in a county whose population is 100,000 or more, the approval of the oversight panel for school facilities established pursuant to NRS 393.092 in that county, if the board of trustees of the school district finds that the existing tax for debt service will at least equal the amount required to pay the principal and interest on the outstanding general obligations of the school district and the general obligations proposed to be issued. The finding made by the board of trustees is conclusive in the absence of fraud or gross abuse of discretion. As used in this subsection, “general obligations” does not include medium-term obligations issued pursuant to NRS 350.085 to 350.095, inclusive.

    5.  At the time of issuance of bonds authorized pursuant to subsection 4, the board of trustees shall establish a reserve account in its debt service fund for payment of the outstanding bonds of the school district. The reserve account must be established and maintained in an amount at least equal to the lesser of the amount of principal and interest payments due on all of the outstanding bonds of the school district in the next fiscal year or 10 percent of the outstanding principal amount of the outstanding bonds of the school district. If the amount in the reserve account falls below the amount required by this subsection:

    (a) The board of trustees shall not issue additional bonds pursuant to subsection 4 until the reserve account is restored to the level required by this subsection; and

    (b) The board of trustees shall apply all of the taxes levied by the school district for payment of bonds of the school district that are not needed for payment of the principal and interest on bonds of the school district in the current fiscal year to restore the reserve account to the level required pursuant to this subsection.

    6.  A municipality may issue special or medium-term obligations without an election.

    Sec. 10.  Section 26 of chapter 516, Statutes of Nevada 1997, at page 2469, and sections 3 and 15 of Senate Bill No. 501 of this session are hereby repealed.

    Sec. 11.  At the request of the director of the department of administration, the state board of finance shall issue general obligation bonds of the State of Nevada in a face amount not exceeding $16,000,000 pursuant to the State Securities Law. The proceeds of the bonds remaining after the payment of the costs of issuance of the bonds must be deposited in the fund to assist school districts in financing capital improvements, created pursuant to section 2 of this act, and used by the director of the department of administration pursuant to section 3 of this act to make grants to school districts for capital improvements.

    Sec. 12.  1.  The state controller may advance temporarily from the state general fund, upon the approval of the chief of the budget division of the department of administration, to the fund to assist school districts in financing capital improvements created pursuant to section 2 of this act, until the date on which bonds authorized by section 11 of this act are sold, amounts necessary to facilitate the making of grants to school districts pursuant to section 3 of this act. The state controller shall not advance more than the face amount of the bonds authorized to be issued. The advanced amounts must be repaid immediately to the state general fund upon the sale of the bonds.

    2.  The chief of the budget division of the department of administration shall notify the state controller and the fiscal analysis division of the legislative counsel bureau of the approval of an advance from the state general fund to the fund to assist school districts in financing capital improvements pursuant to subsection 1.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to governmental administration; providing for the revision of provisions governing the construction and financing of school facilities; creating a fund to assist school districts in financing capital improvements in certain circumstances; revising the provisions relating to the period in which the board of trustees of a school district may issue bonds without an election; imposing an additional sales tax to pay the cost of extraordinary maintenance, extraordinary repair and extraordinary improvement of school facilities in certain circumstances; extending the duration and changing the duties of the state planning commission for the new construction, design, maintenance and repair of school facilities; authorizing the issuance of general obligation bonds to assist school districts in financing certain capital improvements; and providing other matters properly relating thereto.”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

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

UNFINISHED BUSINESS

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Price, Mortenson and Berman as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Joint Resolution No. 5 of the 69^th Session.

Consideration of Senate Amendments

    Assembly Bill No. 64.

    The following Senate amendment was read:

    Amendment No. 1197.

    Amend the bill as a whole by adding new sections designated sections 3.3 and 3.5, following sec. 3, to read as follows:

    “Sec. 3.3.  “Commercial mortgage loan” means a loan that:

    1.  Directly or indirectly, is secured by a lien on commercial property; and

    2.  Is created with the consent of the owner of the commercial property.

    Sec. 3.5.  “Commercial property” means any real property which is located in this state and which is not used for a residential dwelling or dwellings intended for occupancy by four or fewer families.”.

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

    “Sec. 6.5.  “Institutional investor” means a person who, in the regular course of business, makes commercial mortgage loans of more than $250,000 that are funded exclusively from one or more of the following sources:

    1.  The person’s cash, corporate capital or warehouse credit lines at a depository financial institution or other sources that are liability items on the person’s financial statements.

    2.  Correspondent contracts between the person and another institutional investor or between the person and a depository financial institution, trust company, profit-sharing or pension trust, installment lender or insurance company.

    3.  An affiliate’s cash, corporate capital or warehouse credit lines at a depository financial institution or other sources that are liability items on the affiliate’s financial statements for which the affiliate’s assets are pledged. As used in this subsection, “affiliate” means another person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with the person who is the institutional investor.”.

    Amend sec. 8, page 2, by deleting lines 7 through 13 and inserting:

    “Sec. 8.  1.  “Mortgage company” means any of the following:

    (a) A person who, directly or indirectly:

        (1) Holds himself out as being able to:

            (I) Buy or sell notes secured by liens on real property; or

            (II) Make loans secured by liens on real property using his own money; and

        (2) Does not engage in any other act or transaction described in the”.

    Amend sec. 8, page 2, between lines 16 and 17, by inserting:

    “(b) A person who, directly or indirectly:

        (1) Negotiates, originates or makes or offers to negotiate, originate or make commercial mortgage loans as an agent for or on behalf of an institutional investor; and

        (2) Does not engage in any other act or transaction described in the definition of “mortgage broker,” as set forth in section 57 of this act, unless the person is also licensed as a mortgage broker pursuant to chapter 645B of NRS.”.

    Amend sec. 41, page 19, by deleting lines 31 through 42 and inserting:

“in the State of Nevada . [, every construction control]

    2.  Except as otherwise provided in subsection 1 and section 40 of this act, as a condition to doing business in [the State of Nevada shall, within 30 days immediately following July 1, 1965, file] this state, each construction control shall deposit with the state contractors’ board and keep in full force and effect a surety bond, in the amount set forth in subsection 4, which is executed by some corporation authorized to issue surety bonds in this state . [, in a penal sum equal to 1 1/4 times the amount of capital in the business but in no event less than $20,000, and such bond must be kept in full force and effect or replaced by a like bond as a condition to continuing to do business as a construction control in the State of Nevada.

    2.  The form of the bond required is as follows:]

    3.  The surety bond must be in substantially the following form:”.

    Amend sec. 41, page 20, between lines 39 and 40, by inserting:

    “4.  Each construction control shall initially deposit a surety bond that complies with the provisions of this section or a substitute form of security that complies with the provisions of section 40 of this act in the amount of $20,000. Not later than 3 months after the initial deposit and annually thereafter, the construction control shall:

    (a) Submit to the state contractors’ board a signed and notarized affidavit attesting to the average monthly balance in the trust account maintained by the construction control; and

    (b) Deposit a surety bond that complies with the provisions of this section or a substitute form of security that complies with the provisions of section 40 of this act in the following amount based upon the average monthly balance in the trust account maintained by the construction control:

AVERAGE MONTHLY BALANCE    AMOUNT OF BOND OR

    SECURITY REQUIRED

Less than $2,000,000         $20,000

$2,000,000 or more but less than $4,000,000           40,000

$4,000,000 or more but less than $6,000,000           60,000

$6,000,000 or more but less than $8,000,000           80,000

$8,000,000 or more but less than $12,000,000         120,000

$12,000,000 or more but less than $20,000,000         200,000

$20,000,000 or more          250,000”.

    Amend sec. 42, pages 20 and 21, by deleting lines 42 and 43 on page 20 and lines 1 and 2 on page 21, and inserting:

“645A.031, [at the time of filing an application for a license as an] as a condition to doing business in this state, each escrow agency[, the applicant] shall deposit with the commissioner and keep in full force and effect a corporate surety bond payable to the State of Nevada, in the amount [of $50,000,] set forth in subsection 4, which is executed by a corporate surety satisfactory to the”.

    Amend sec. 42, page 21, by deleting lines 25 and 26 and inserting:

“an escrow agent or agency] and is required to furnish a bond [in the amount of $50,000] , which is conditioned as set forth in this bond:”.

    Amend sec. 42, page 22, between lines 13 and 14, by inserting:

    “4.  Each escrow agency shall deposit a corporate surety bond that complies with the provisions of this section or a substitute form of security that complies with the provisions of NRS 645A.031 in the following amount based upon the average monthly balance of the trust account or escrow account maintained by the escrow agency pursuant to NRS 645A.160:

AVERAGE MONTHLY BALANCE    AMOUNT OF BOND OR

    SECURITY REQUIRED

$50,000 or less    $20,000

More than $50,000 but not more than $250,000               50,000

More than $250,000 but not more than $500,000               100,000

More than $500,000 but not more than $750,000               150,000

More than $750,000 but not more than $1,000,000           200,000

More than $1,000,000       250,000

The commissioner shall determine the appropriate amount of the surety bond or substitute form of security that must be deposited initially by the escrow agency based upon the expected average monthly balance of the trust account or escrow account maintained by the escrow agency pursuant to NRS 645A.160. After the initial deposit, the commissioner shall, on a semiannual basis, determine the appropriate amount of the surety bond or substitute form of security that must be deposited by the escrow agency based upon the average monthly balance of the trust account or escrow account maintained by the escrow agency pursuant to NRS 645A.160.”.

    Amend sec. 44, page 23, by deleting lines 9 through 20 and inserting:

“pursuant to this chapter in the same office or place of business as [a] :

    (a) A firm or corporation that is exempt from licensing as a mortgage company pursuant to subsection 6 of section 10 of this act.

    (b) A mortgage company if:

    [(a)] (1) The licensee and the mortgage company:

        [(1)] (I) Operate as separate legal entities;

        [(2)] (II) Maintain separate accounts, books and records;

        [(3)] (III) Are subsidiaries of the same parent corporation; and

        [(4)] (IV) Maintain separate licenses; and

    [(b)] (2) The mortgage company is licensed by this state pursuant to sections 2 to 39, inclusive, of this act and does not [receive money to acquire or repay loans or maintain trust accounts as provided by NRS 645B.175.] conduct any business as a mortgage broker licensed”.

    Amend sec. 46, page 23, line 25, by deleting:

“or mortgage agent”.

    Amend the bill as a whole by adding a new section designated sec. 53.5, following sec. 53, to read as follows:

    “Sec. 53.5.  “Financial services license or registration” means any license or registration issued in this state or any other state, district or territory of the United States that authorizes the person who holds the license or registration to engage in any business or activity described in the provisions of this chapter, sections 2 to 39, inclusive, of this act, chapter 604, 645, 645A, 645C or 649 of NRS or Title 55 or 56 of NRS.”.

    Amend sec. 55, page 24, line 2, by deleting:

“or mortgage agent”.

    Amend sec. 57, page 24, line 14, by deleting “any” and inserting “a”.

    Amend the bill as a whole by adding new sections designated sections 61.3 through 61.7, following sec. 61, to read as follows:

    “Sec. 61.3.  1.  The advisory council on mortgage investments and mortgage lending is hereby created.

    2.  The advisory council consists of five members appointed by the legislative commission from a list of persons provided by the commissioner.

    3.  The members of the advisory council:

    (a) Must be persons who have experience with, an interest in or a knowledge of issues relating to mortgage investments or mortgage lending. Such persons may include, without limitation, investors, public officers and employees, licensees and persons who have engaged in or been involved with any business, profession or occupation relating to mortgage investments or mortgage lending.

    (b) Serve terms of 2 years and at the pleasure of the legislative commission.

    (c) May be reappointed.

    (d) Serve without compensation and may not receive a per diem allowance or travel expenses.

    4.  Any vacancy in the membership of the advisory council must be filled for the remainder of the unexpired term in the same manner as the original appointment.

    5.  A member of the advisory council who is an officer or employee of this state or a political subdivision of this state must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the advisory council and perform any work necessary to carry out the duties of the advisory council in the most timely manner practicable. A state agency or political subdivision of this state shall not require an officer or employee who is a member of the advisory council to make up the time he is absent from work to carry out his duties as a member of the advisory council or use annual vacation or compensatory time for the absence.

    6.  Notwithstanding any other provision of law, a member of the advisory council:

    (a) Is not disqualified from public employment or holding a public office because of his membership on the advisory council; and

    (b) Does not forfeit his public office or public employment because of his membership on the advisory council.

    Sec. 61.5.  1.  The members of the advisory council on mortgage investments and mortgage lending shall elect a chairman and a vice chairman from among their membership. The vice chairman shall perform the duties of the chairman during any absence of the chairman.

    2.  The advisory council may meet at least once each calendar quarter and at other times on the call of the chairman or a majority of its members.

    3.  The meetings of the advisory council may be held at any location designated by the chairman or a majority of its members.

    4.  A majority of the members of the advisory council constitutes a quorum for the transaction of all business.

    5.  The chairman may appoint subcommittees of the members of the advisory council to consider specific problems relating to mortgage investments or mortgage lending.

    Sec. 61.7.  The purpose of the advisory council on mortgage investments and mortgage lending is to:

    1.  Consult with, advise and make recommendations to the commissioner in all matters relating to mortgage investments and mortgage lending.

    2.  Make recommendations to the legislature concerning the enactment of any legislation relating to mortgage investments and mortgage lending.

    3.  Make recommendations to the legislature and the commissioner concerning educational requirements and other qualifications for persons who are engaged in any business, profession or occupation relating to mortgage investments and mortgage lending.

    4.  Conduct hearings, conferences and special studies on all matters relating to mortgage investments and mortgage lending.

    5.  Provide a forum for the consideration and discussion of all matters relating to mortgage investments and mortgage lending.

    6.  Gather and disseminate information relating to mortgage investments and mortgage lending.

    7.  Engage in other activities that are designed to promote, improve and protect the reliability and stability of mortgage investments and mortgage lending in this state.”.

    Amend sec. 62, page 24, line 40, by deleting:

“Except as otherwise provided in section 78 of this act:”.

    Amend sec. 62, page 25, line 19, by deleting:

“or mortgage agent”.

    Amend sec. 62, page 25, line 21, by deleting:

“broker or mortgage agent,” and inserting “broker,”.

    Amend sec. 62, page 25, line 22, by deleting:

“or mortgage agent”.

    Amend sec. 63, pages 25 and 26, by deleting lines 39 through 41 on page 25 and lines 1 through 3 on page 26, and inserting:

    “Sec. 63.  The commissioner may refuse to issue a license to an applicant if the commissioner has reasonable cause to believe that the applicant or any general partner, officer or director of the applicant has, after October 1, 1999, employed or proposed to employ a person as a mortgage agent or authorized or proposed to authorize a person to be associated with a mortgage broker as a mortgage agent at a time when the applicant or the general partner, officer or director knew or, in light of all the surrounding facts and circumstances, reasonably should have known that the person:

    1.  Had been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude; or

    2.  Had a financial services license or registration suspended or revoked within the immediately preceding 10 years.”.

    Amend the bill as a whole by adding a new section designated sec. 64.5, following sec. 64, to read as follows:

    “Sec. 64.5.  The provisions of sections 63 and 64 of this act do not limit the authority of the commissioner to refuse to issue a license to an applicant for any other lawful reason or pursuant to any other provision of law.”.

    Amend sec. 66, pages 26 and 27, by deleting lines 25 through 43 on page 26 and lines 1 through 3 on page 27, and inserting:

    “Sec. 66.  1.  A person shall not act as or provide any of the services of a mortgage agent or otherwise engage in, carry on or hold himself out as engaging in or carrying on the activities of a mortgage agent if the person:

    (a) Has been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude; or

    (b) Has had a financial services license or registration suspended or revoked within the immediately preceding 10 years.

    2.  A mortgage agent may not be associated with or employed by more than one mortgage broker at the same time.

    3.  A mortgage broker shall register with the division each person who will be associated with or employed by the mortgage broker as a mortgage agent. To register a person as a mortgage agent, a mortgage broker must:

    (a) Submit to the division a registration form which is provided by the division and which:

        (1) States the name, residence address and business address of the person;

        (2) Is signed by the person;

        (3) Includes a provision by which the person gives his written consent to an investigation of his credit history, criminal history and background; and

        (4) Includes any other information or supporting materials required by the regulations adopted by the commissioner. Such information or supporting materials may include, without limitation, a complete set of fingerprints from the person, the social security number of the person and other forms of identification of the person; and

    (b) Pay the actual costs and expenses incurred by the division to investigate the credit history, criminal history and background of the person. All money received pursuant to this paragraph must be placed in the investigative account created by NRS 232.545.

    4.  A mortgage broker shall not employ a person as a mortgage agent or authorize a person to be associated with the mortgage broker as a mortgage agent if the mortgage broker has not registered the person with the division pursuant to subsection 3 or if the person:

    (a) Has been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude; or

    (b) Has had a financial services license or registration suspended or revoked within the immediately preceding 10 years.

    5.  If a mortgage agent terminates his association or employment with a mortgage broker for any reason, the mortgage broker shall, not later than the end of the next business day following the date of termination:

    (a) Deliver to the mortgage agent or send by certified mail to the last known residence address of the mortgage agent a written statement which advises him that his termination is being reported to the division; and

    (b) Deliver or send by certified mail to the division:

        (1) A written statement of the circumstances surrounding the termination; and

        (2) A copy of the written statement that the mortgage broker delivers or mails to the mortgage agent pursuant to paragraph (a).”.

    Amend sec. 67, page 27, by deleting lines 6 and 7 and inserting:

    “2.  The provisions of this chapter do not prohibit a licensee from:”.

    Amend sec. 68, page 27, by deleting lines 18 through 23 and inserting:

“the licensee shall fully disclose his status as, connection to or relationship with the construction control, escrow agency, escrow agent, title agent, title insurer or escrow officer to each investor, and the licensee shall not require, as a condition to an investor acquiring ownership of or a beneficial interest in a loan secured by a lien on real property, that the investor transact business with or use the services of the construction control, escrow agency, escrow agent, title agent, title insurer or escrow officer or that the investor authorize the licensee to transact business with or use the services of the construction control, escrow agency, escrow agent, title agent, title insurer or escrow officer on behalf of the investor.”.

    Amend sec. 68, page 27, by deleting lines 32 through 34 and inserting:

“chapter; and

    (b) Any general partner, officer or director of such a person.”.

    Amend sec. 69, pages 27 and 28, by deleting lines 35 through 42 on page 27 and lines 1 through 22 on page 28, and inserting:

    “Sec. 69.  1.  If a mortgage broker maintains any accounts described in NRS 645B.175, the mortgage broker and his mortgage agents shall not engage in any activity that is authorized pursuant to this chapter, unless the mortgage broker maintains continuously a minimum net worth in the following amount based upon the average monthly balance of the accounts maintained by the mortgage broker pursuant to NRS 645B.175:

AVERAGE MONTHLY BALANCE    MINIMUM NET WORTH REQUIRED

$100,000 or less  $25,000

More than $100,000 but not more than $250,000                               50,000

More than $250,000 but not more than $500,000                               100,000

More than $500,000 but not more than $1,000,000                           200,000

More than $1,000,000                                   250,000

The commissioner shall determine the appropriate initial minimum net worth that must be maintained by the mortgage broker pursuant to this section based upon the expected average monthly balance of the accounts maintained by the mortgage broker pursuant to NRS 645B.175. After determining the initial minimum net worth that must be maintained by the mortgage broker, the commissioner shall, on an annual basis, determine the appropriate minimum net worth that must be maintained by the mortgage broker pursuant to this section based upon the average monthly balance of the accounts maintained by the mortgage broker pursuant to NRS 645B.175.

    2.  If requested by the commissioner, a mortgage broker who is subject to the provisions of this section and his mortgage agents shall submit to the commissioner or allow the commissioner to examine any documentation or other evidence that is related to determining the net worth of the mortgage broker.

    3.  The commissioner:”.

    Amend sec. 72, page 29, line 32, by deleting “1.”.

    Amend sec. 72, pages 29 and 30, by deleting lines 39 through 42 on page 29 and lines 1 through 12 on page 30.

    Amend sec. 73, page 30, line 13, after “73.” by inserting “1.”.

    Amend sec. 73, page 30, by deleting lines 19 through 39 and inserting:

    “(a) Include in the report that the mortgage broker submits to the commissioner pursuant to subsection 2 of NRS 645B.080 the information relating to delinquencies in payments and defaults that is required by the regulations adopted pursuant to subsection 2;

    (b) Not later than 15 days after the last day of each such month, mail to the last known address of each investor who owns a beneficial interest in the loan a notice containing the information relating to delinquencies in payments and defaults that is required by the regulations adopted pursuant to subsection 2; and

    (c) Comply with the provisions of this section each month on a continuing basis until:

        (1) The debtor or his designee remedies the delinquency in payments and any default; or

        (2) The lien securing the loan is extinguished.

    2.  The commissioner:

    (a) Shall adopt regulations prescribing the information relating to delinquencies in payments and defaults that a mortgage broker must include in his report to the commissioner and in the notice mailed to investors pursuant to subsection 1. Such regulations may provide for variations between the information that a mortgage broker must include in his report to the commissioner and the information that a mortgage broker must include in the notice mailed to investors.

    (b) May adopt any other regulations that are necessary to carry out the provisions of this section.”.

    Amend sec. 75, page 31, by deleting lines 17 through 26 and inserting:

“services for loans in which the investor owns a beneficial interest; and

    (b) The provisions of the power of attorney:

        (1) Have been approved by the commissioner;

        (2) Expressly prohibit the mortgage broker and his mortgage agents from engaging in any act or transaction that subordinates the priority of a recorded deed of trust unless, before such an act or transaction, the mortgage broker obtains written approval for the subordination from the investor; and

        (3) Expressly prohibit the mortgage broker and his mortgage agents from using or releasing any money in which the investor owns a beneficial interest with regard to a specific loan for a purpose that is not directly related to providing services for the loan unless, before any such money is used or released for another purpose, the mortgage broker obtains written approval from the investor to use or release the money for the other purpose.

    2.  A mortgage broker or mortgage agent shall not act as the attorney in fact or the agent of an investor with respect to the giving of written approval pursuant to paragraph (b) of subsection 1. An investor and a mortgage broker or mortgage agent may not agree to alter or waive the provisions of this section by contract or other agreement. Any such contract or agreement is void and must not be given effect to the extent that it violates the provisions of this section.

    3.  A power of attorney which designates a mortgage broker or”.

    Amend the bill as a whole by deleting sec. 78 and adding:

    “Sec. 78.  (Deleted by amendment.)”.

    Amend sec. 79, page 34, by deleting lines 38 and 39 and inserting:

“association, the commissioner may take any disciplinary action set”.

    Amend sec. 81, page 35, line 10, by deleting:

“or section 78 of this act”.

    Amend sec. 82, page 35, by deleting lines 28 and 29 and inserting:

“limitation, a violation of any provision of NRS 645B.100 or 645B.120; or”.

    Amend sec. 85, page 37, by deleting lines 32 and 33 and inserting:

    “6.  Except as otherwise provided in this subsection, any firm or corporation:”.

    Amend sec. 86, page 38, by deleting lines 40 and 41 and inserting:

“mortgage agent.”.

    Amend sec. 86, page 39, line 10, by deleting “and” and inserting:

“and, if applicable,”.

    Amend sec. 86, page 39, by deleting lines 17 through 43 and inserting:

    “2.  If a mortgage broker will conduct business at one or more branch offices within this state, the mortgage broker must apply for a license for each such branch office.

    3.  Except as otherwise provided in this chapter, the commissioner shall issue a license to an applicant as a mortgage [company] broker if:”.

    Amend sec. 86, page 40, line 10, by deleting:

“or mortgage agent”.

    Amend sec. 87, page 40, line 33, by deleting:

“or mortgage agent”.

    Amend sec. 87, page 41, line 1, by deleting:

“or mortgage agent”.

    Amend sec. 88, pages 41 and 42, by deleting lines 19 through 42 on page 41 and lines 1 through 4 on page 42, and inserting:

    “645B.025 1.  A [licensee] mortgage broker shall post each license in a conspicuous place in the office to which it pertains.

    2.  A [license] mortgage broker may not [be transferred or assigned] transfer or assign a license to another person, unless the commissioner gives his written approval.”.

    Amend sec. 89, page 44, by deleting lines 2 through 26 and inserting:

    “6.  A person must pay the following fees to apply for or to renew a”.

    Amend sec. 89, page 44, line 32, by deleting “8.” and inserting “7.”.

    Amend sec. 89, page 44, line 35, by deleting “9.” and inserting “8.”.

    Amend sec. 90, page 44, line 41, by deleting “and”.

    Amend sec. 90, page 44, line 42, by deleting “mortgage agents”.

    Amend sec. 90, page 45, line 27, by deleting:

“and mortgage agents”.

    Amend sec. 92, page 46, line 13, by deleting “and”.

    Amend sec. 92, page 46, line 14, by deleting “mortgage agent”.

    Amend sec. 92, page 46, line 15, by deleting:

“or mortgage agent”.

    Amend sec. 92, page 46, line 17, by deleting:

“or mortgage agent”.

    Amend sec. 93, page 46, line 42, by deleting:

“or mortgage agent”.

    Amend sec. 93, page 47, line 2, by deleting:

“or mortgage agent”.

    Amend sec. 93, page 47, line 6, by deleting:

“or mortgage agent”.

    Amend sec. 93, page 47, line 9, by deleting “or”.

    Amend sec. 93, page 47, line 10, by deleting “mortgage agent”.

    Amend sec. 93, page 47, line 15, by deleting:

“broker or mortgage agent;” and inserting “broker;”.

    Amend sec. 95, page 48, by deleting lines 4 through 6 and inserting:

    “645B.100  1.  [The] For each violation committed by an applicant, whether or not he is”.

    Amend sec. 95, page 48, by deleting lines 19 through 22 and inserting:

    “2.  For each violation committed by a licensee, the commissioner may [require a licensee to pay] impose upon the licensee an administrative fine of not more than [$500 for each violation he commits or] $10,000, may suspend, revoke or place conditions upon his license, or may do both, [at any time] if the”.

    Amend sec. 95, page 49, by deleting lines 27 through 29 and inserting:

“cause for the revocation of the license of the mortgage broker, whether or not the mortgage agent commits the act;

    (s) Has employed a person as a mortgage agent or authorized a person to be associated with the licensee as a mortgage agent at a time when the licensee knew or, in light of all the surrounding facts and circumstances, reasonably should have known that the person:

        (1) Had been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude; or

        (2) Had a financial services license or registration suspended or revoked within the immediately preceding 10 years; or

    (t) Has not conducted verifiable business as a mortgage [company]”.

    Amend sec. 95, pages 49 and 50, by deleting lines 39 through 43 on page 49 and lines 1 through 37 on page 50.

    Amend sec. 96, page 50, line 43, by deleting:

“broker or mortgage agent,” and inserting “broker,”.

    Amend sec. 96, page 51, line 8, by deleting:

“or mortgage agent”.

    Amend sec. 98, page 51, line 35, by deleting:

“broker, mortgage agent” and inserting “broker”.

    Amend sec. 98, page 51, line 37, by deleting:

“or mortgage agent”.

    Amend sec. 98, page 51, line 43, by deleting:

“or mortgage agent”.

    Amend sec. 98, page 52, lines 2 and 3 by deleting:

“or mortgage broker”.

    Amend sec. 98, page 52, line 21, by deleting:

“broker, mortgage agent” and inserting “broker”.

    Amend sec. 98, page 52, line 29, by deleting:

“broker, mortgage agent” and inserting “broker”.

    Amend sec. 98, page 52, line 32, by deleting:

“broker, mortgage agent” and inserting “broker”.

    Amend sec. 101, page 55, by deleting lines 5 and 6 and inserting:

“the amount of any advance fee, salary, deposit or money paid to [any mortgage company] a mortgage broker and his mortgage agents or any other person to obtain a”.

    Amend sec. 102, page 55, by deleting line 31 and inserting:

    “645B.170 1.  All money paid to [the mortgage company] a mortgage broker and his mortgage agents for”.

    Amend sec. 102, page 55, line 34, by deleting “[a bank]” and inserting:

“[a bank or credit union]”.

    Amend sec. 104, page 59, lines 6 and 7, by deleting “[any bank]” and inserting:

“[any bank or credit union]”.

    Amend sec. 105, page 59, line 32, by deleting “subsection 5;” and inserting “this section;”.

    Amend sec. 105, page 59, after “3.” by inserting:

“In addition to the requirements of subsections 1 and 2, a mortgage broker or mortgage agent shall not accept money from an investor to acquire ownership of or a beneficial interest in a loan secured by a lien on real property, unless the mortgage broker or mortgage agent gives the investor a written form by which the investor may request that the mortgage broker authorize the commissioner to release the mortgage broker’s financial statement to the investor. Such a form must be given to the investor for each loan. If the investor, before giving money to the mortgage broker for the loan, requests that the mortgage broker authorize the release of a financial statement pursuant to this subsection, the mortgage broker and his mortgage agents shall not accept money from the investor for that loan until the mortgage broker receives notice from the commissioner that the financial statement has been released to the investor.

    4.”.

    Amend sec. 105, page 60, line 3, by deleting “4.” and inserting “5.”.

    Amend sec. 105, page 60, line 6, by deleting “5.” and inserting “6.”.

    Amend sec. 105, page 60, by deleting lines 34 through 37 and inserting:

“officer or director of the mortgage broker within the preceding 12 months, and the nature of any such disciplinary action;

        (4) Whether the mortgage broker or any general partner, officer or director of the mortgage broker has been convicted”.

    Amend sec. 105, page 61, line 1, by deleting “6.” and inserting “7.”.

    Amend sec. 105, page 61, line 3, by deleting “subsection 5,” and inserting “this section,”.

    Amend sec. 105, page 61, by deleting line 12 and inserting:

    “8.  In carrying out the provisions of subsection 7, the commissioner”.

    Amend sec. 105, page 61, line 22, by deleting “8.” and inserting “9.”.

    Amend sec. 105, page 61, line 29, by deleting “disclosure”.

    Amend sec. 108, pages 62 and 63, by deleting lines 28 through 42 on page 62 and lines 1 through 13 on page 63, and inserting:

    “645B.189 1.  Each mortgage [company] broker shall submit any proposed advertisement [it] that the mortgage broker intends to use in carrying on his business to the commissioner for approval. [The commissioner shall, within 5 working days after receiving the advertisement, approve or disapprove its use and notify the company of that decision.]

    2.  In addition to the requirements set forth in this chapter, each”.

    Amend sec. 108, page 63, between lines 19 and 20, by inserting:

    “3.  If a mortgage broker violates any provision of NRS 598.0903 to 598.0999, inclusive, concerning deceptive trade practices or any federal statute or regulation concerning deceptive advertising or the advertising of interest rates, in addition to any sanction or penalty imposed by state or federal law upon the mortgage broker for the violation, the commissioner may take any disciplinary action set forth in subsection 2 of NRS 645B.100 against the mortgage broker.”.

    Amend sec. 113, page 64, line 33, by deleting:

“or mortgage agent”.

    Amend sec. 113, page 64, line 35, by deleting:

“or mortgage agent”.

    Amend sec. 113, page 64, line 36, by deleting:

“or mortgage agent”.

    Amend sec. 118, page 66, line 31, by deleting “bank accounts;” and inserting:

“accounts in banks or credit unions;”.

    Amend sec. 118, page 67, line 11, by deleting “80.270,” and inserting “80.280,”.

    Amend sec. 120, page 72, line 6, after “and” by inserting:

“the investigation of”.

    Amend sec. 120, page 72, by deleting line 13 and inserting:

“and in investigating persons associated with those institutions;”.

    Amend sec. 122, page 73, by deleting lines 21 and 22 and inserting:

“[in] :

    (a) In the order the checks were written;

    (b) From the lowest check number to the highest check number; or

    (c) In order of ascending amounts, the check for the smallest sum being presented first.”.

    Amend sec. 125, page 75, by deleting lines 9 through 21 and inserting:

“this chapter in the same office or place of business as [a] :

    (a) A mortgage broker if:

        (1) The licensee and the mortgage broker:

            (I) Operate as separate legal entities;

            (II) Maintain separate accounts, books and records;

            (III) Are subsidiaries of the same parent corporation; and

            (IV) Maintain separate licenses; and

        (2) The mortgage broker is licensed by this state pursuant to chapter 645B of NRS and does not receive money to acquire or repay loans or maintain trust accounts as provided by NRS 645B.175.

    (b) A mortgage company if:

    [(a)] (1) The licensee and the mortgage company:

        [(1)] (I) Operate as separate legal entities;

        [(2)] (II) Maintain separate accounts, books and records;

        [(3)] (III) Are subsidiaries of the same parent corporation; and

        [(4)] (IV) Maintain separate licenses; and

    [(b)] (2) The mortgage company is licensed by this state pursuant to sections 2 to 39, inclusive, of this act and , if the mortgage company is also licensed as a mortgage broker pursuant to chapter 645B of NRS, does not receive money to acquire or repay loans or maintain trust accounts as provided by NRS 645B.175.”.

    Amend sec. 127, page 75, by deleting lines 25 through 28 and inserting:

“Title and except as otherwise provided in subsection 4 and section 128 of this act, as a condition to doing business in this state, each title agent and title insurer shall deposit with the commissioner and keep in full force and effect a corporate surety bond payable to the State of Nevada, in the amount set forth in subsection 3, which is executed by a corporate surety satisfactory to the”.

    Amend sec. 127, page 76, line 5, by deleting:

“in the amount of $250,000,”.

    Amend sec. 127, page 76, by deleting lines 36 through 41 and inserting:

    “3.  Each title agent and title insurer shall deposit a corporate surety bond that complies with the provisions of this section or a substitute form of security that complies with the provisions of section 128 of this act in an amount that:

    (a) Is not less than $20,000 or 2 percent of the average collected balance of the trust account or escrow account maintained by the title agent or title insurer pursuant to NRS 692A.250, whichever is greater; and

    (b) Is not more than $250,000.

The commissioner shall determine the appropriate amount of the surety bond or substitute form of security that must be deposited initially by the title agent or title insurer based upon the expected average collected balance of the trust account or escrow account maintained by the title agent or title insurer pursuant to NRS 692A.250. After the initial deposit, the commissioner shall, on an annual basis, determine the appropriate amount of the surety bond or substitute form of security that must be deposited by the title agent or title insurer based upon the average collected balance of the trust account or escrow account maintained by the title agent or title insurer pursuant to NRS 692A.250.

    4.  A title agent or title insurer may offset or reduce the amount of the surety bond or substitute form of security that the title agent or title insurer is required to deposit pursuant to subsection 3 by the amount of any of the following:

    (a) Cash or securities deposited with the commissioner in this state pursuant to NRS 680A.140 or 682B.015.”.

    Amend sec. 127, page 77, by deleting lines 4 through 6 and inserting:

    “(e) Other bonds or policies of insurance maintained by the title agent”.

    Amend the bill as a whole by adding a new section designated sec. 130.5, following sec. 130, to read as follows:

    “Sec. 130.5.  Section 15 of Senate Bill No. 39 of this session is hereby amended to read as follows:

    Sec. 15.  NRS 80.015 is hereby amended to read as follows:

    80.015 1.  For the purposes of this chapter, the following activities do not constitute doing business in this state:

    (a) Maintaining, defending or settling any proceeding;

    (b) Holding meetings of the board of directors or stockholders or carrying on other activities concerning internal corporate affairs;

    (c) Maintaining [bank accounts;] accounts in banks or credit unions;

    (d) Maintaining offices or agencies for the transfer, exchange and registration of the corporation’s own securities or maintaining trustees or depositaries with respect to those securities;

    (e) Making sales through independent contractors;

    (f) Soliciting or receiving orders outside of this state through or in response to letters, circulars, catalogs or other forms of advertising, accepting those orders outside of this state and filling them by shipping goods into this state;

    (g) Creating or acquiring indebtedness, mortgages and security interests in real or personal property;

    (h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts;

    (i) Owning, without more, real or personal property;

    (j) Isolated transactions completed within 30 days and not a part of a series of similar transactions;

    (k) The production of motion pictures as defined in NRS 231.020;

    (l) Transacting business as an out-of-state depository institution pursuant to the provisions of Title 55 of NRS; and

    (m) Transacting business in interstate commerce.

    2.  The list of activities in subsection 1 is not exhaustive.

    3.  A person who is not doing business in this state within the meaning of this section need not qualify or comply with any provision of NRS 80.010 to [80.220,] 80.280, inclusive, chapter 645A or 645B of NRS or Title 55 or 56 of NRS unless he:

    (a) Maintains an office in this state for the transaction of business; or

    (b) Solicits or accepts deposits in the state, except pursuant to the provisions of chapter 666 or 666A of NRS.”.

    Amend the bill as a whole by deleting sec. 132 and adding:

    “Sec. 132.  (Deleted by amendment.)”.

    Amend sec. 137, page 80, by deleting lines 8 through 15 and inserting:

    “Sec. 137.  Notwithstanding the amendatory provisions of section 66 of this act, a mortgage broker may, until July 1, 2000, employ a person as a mortgage agent or authorize a person to be associated with the mortgage broker as a mortgage agent without registering the person with the division of financial institutions of the department of business and industry as a mortgage agent.”.

    Amend the bill as a whole by renumbering sec. 138 as sec. 139 and adding a new section designated sec. 138, following sec. 137, to read as follows:

    “Sec. 138.  1.  Notwithstanding the amendatory provisions of section 42 of this act, if, on October 1, 1999, a person holds a valid license as an escrow agency that was issued by the commissioner of financial institutions pursuant to chapter 645A of NRS before October 1, 1999, the person is not required, before July 1, 2000, to deposit a corporate surety bond or a substitute form of security in the amount set forth in the amendatory provisions of section 42 of this act.

    2.  Notwithstanding the amendatory provisions of section 127 of this act, if, on October 1, 1999, a person holds a valid license or certificate of authority as a title agent or title insurer that was issued by the commissioner of insurance pursuant to Title 57 of NRS before October 1, 1999,

the person is not required, before July 1, 2000, to deposit a corporate surety bond or a substitute form of security in the amount set forth in the amendatory provisions of section 127 of this act.”.

    Amend sec. 138, page 80, by deleting lines 16 and 17 and inserting:

    “Sec. 139.  1.  This section and sections 1 to 101, inclusive, 103, 105 to 117, inclusive, 119 to 138, inclusive, of this act become effective upon passage and approval for”.

    Amend sec. 138, page 80, by deleting line 20 and inserting:

    “2.  Sections 102, 104 and 118 of this act become effective upon passage and approval for the purpose of adopting any regulations necessary to carry out the provisions of this act, and at 12:01 a.m. on October 1, 1999, for all other purposes.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to financial transactions; revising the provisions relating to certain loans secured by liens on real property; revising the provisions relating to the licensing and the operation of certain mortgage companies and mortgage brokers; requiring certain mortgage brokers to maintain a minimum net worth; prohibiting various acts by mortgage companies, mortgage brokers and mortgage agents; providing for administrative sanctions and criminal penalties; revising various provisions concerning certain construction controls and escrow agencies; requiring certain construction controls, escrow agencies, title agents and title insurers to maintain a surety bond; revising certain provisions related to the presentation for payment of certain checks; and providing other matters properly relating thereto.”.

    Assemblywoman Buckley moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 64.

    Remarks by Assemblywoman Buckley.

    Motion carried.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 480.

    The following Senate amendment was read:

    Amendment No. 1191.

    Amend the bill as a whole by adding the following senator as a primary joint sponsor:

Senator McGinness.

    Assemblyman de Braga moved that the Assembly concur in the Senate amendment to Assembly Bill No. 480.

    Remarks by Assemblyman de Braga.

    Motion carried.

    Bill ordered enrolled.

    Assembly Bill No. 189.

    The following Senate amendment was read:

    Amendment No. 1202.

    Amend section 1, page 2, line 15, by deleting “If the”.

    Amend section 1, page 2, between lines 15 and 16, by inserting:

    “4.  A”.

    Amend section 1, page 2, line 16, after “employee” by inserting “who”.

    Amend section 1, page 2, line 17, by deleting “subsection, he” and inserting “section”.

    Amend section 1, page 2, line 18, by deleting:

“during the period during which” and inserting:

“after the date of”.

    Amend section 1, page 2, line 19, by deleting “subsection is” and inserting “section becomes”.

    Amend section 1, page 2, line 20, by deleting “4.” and inserting “5.”.

    Amend sec. 9, page 7, line 27, after “position” by inserting:

“whose occupant is thereby”.

    Amend sec. 14, page 11, line 17, by deleting “or remarriage” and inserting “[or remarriage]”.

    Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 189.

    Remarks by Assemblyman Bache.

    Motion carried.

    Bill ordered enrolled.

    Assembly Bill No. 220.

    The following Senate amendment was read:

    Amendment No. 1192.

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

    “Section 1.  1.  There is hereby created an advisory committee to examine the issue of locating a new 4-year state college in Henderson, Nevada. The advisory committee consists of five members appointed as follows:

    (a) One member appointed by the Governor.

    (b) One member appointed by the Majority Leader of the Senate.

    (c) One member appointed by the Speaker of the Assembly.

    (d) Two members appointed by the Board of Regents of the University of Nevada.

    2.  The term of each member of the advisory committee commences on August 1, 1999, and expires on July 1, 2001.

    3.  Members of the advisory committee serve without compensation, except that while engaged in the business of the advisory committee, each member is entitled to the per diem allowance and travel expenses provided for state officers and employees generally, to be paid from the legislative fund.

    4.  The advisory committee shall meet at least once every 6 months.

    5.  A vacancy in the membership of the advisory committee must be filled in the same manner as the original appointment.”.

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

“the advisory committee created pursuant to section 1 of this act the sum of”.

    Amend sec. 2, page 1, line 5, by deleting:

“Board of Regents” and inserting:

“advisory committee created pursuant to section 1 of this act”.

    Amend sec. 3, page 2, line 4, by deleting “1” and inserting “2”.

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

“AN ACT relating to higher education; creating an advisory committee to examine the issue of locating a new 4-year state college in Henderson, Nevada; making an appropriation to the advisory committee for a needs assessment and implementation plan for a 4-year state”.

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

“SUMMARY—Makes appropriation to advisory committee”.

    Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 220.

    Remarks by Assemblyman Arberry.

    Motion carried.

    Bill ordered enrolled.

Recede From Assembly Amendments

    Assemblyman Bache moved that the Assembly do not recede from its action on Senate Bill No. 438, 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 Bache, Hettrick and Dini as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 438.

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

    Motion carried.

    Assembly in recess at 7:41 p.m.

ASSEMBLY IN SESSION

    At 10:00 p.m.

    Mr. Speaker presiding.

    Quorum present.

REMARKS FROM THE FLOOR

    Assemblyman Perkins requested that the following letter from Assemblywoman Evans be entered in the Journal:

    “Being inducted into the Cowboy Hall of Fame is a most prestigious honor, perhaps one of the highest I shall ever receive.

    All of you may not be aware I can ride a pretty mean horse.  When all this nonsense is over and done, I plan to come to Elko to go riding with John Carpenter.  Everyone will find out just how tall I sit in the saddle.  I can hold my own in chasing down those little doggies.

    I expect the Assembly to stick together.  Don’t let the Senate run “rough-shod” on you.

    I send love to every one of you.  Please get some rest.”  Jan

Signing of Bills and Resolutions

    There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 38, 59, 76, 130, 272, 324, 610, 635, 673, 687; Assembly Concurrent Resolutions Nos. 74, 75, 76, 77; Senate Bills Nos. 8, 37, 236, 280, 283, 288, 305, 308, 368, 401, 404, 443, 469, 504, 545; Senate Joint Resolution No. 22.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Anja Weiss, Serena Giunchigliani and Richard Giunchigliani.

    On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Beverly A. Daniels-Greenberg.

    Assemblyman Perkins moved that the Assembly adjourn until Saturday, May 30, 1999, at 10:30 a.m.

    Motion carried.

    Assembly adjourned at 10:01 p.m.

Approved:                  Joseph E. Dini, Jr.

                              Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly