THE ONE HUNDRED AND SECOND DAY
Carson City(Thursday), May 13, 1999
Senate called to order at 11:52 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Lt. John Van Cleef.
O Lord, our Governor, bless the leaders of this great state that we may be a people of peace among ourselves and a blessing to those around us. For the Legislators here gathered, I pray for Your courage, wisdom and foresight to rest upon them that they might provide for the needs of all our people. I pray these things in Your holy name.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Human Resources and Facilities, to which were referred Assembly Bills Nos. 483, 576, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 3, 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 Human Resources and Facilities, to which was referred Assembly Bill No. 47, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Finance.
Also, your Committee on Human Resources and Facilities, to which was referred Assembly Concurrent Resolution No. 37, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 239, 650, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mark A. James, Chairman
Madam President:
Your Committee on Natural Resources, to which were referred Assembly Bills Nos. 173, 535, 574; Assembly Joint Resolutions Nos. 20, 21, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Dean A. Rhoads, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 12, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 262, 315, 536; Senate Joint Resolution No. 21.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Senate Bill No. 512.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 14, 45.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
COMMUNICATIONS FROM STATE OFFICERS
Waiver of Joint Standing Rule(s)
May 13, 1999
A Waiver requested by: Assembly Standing Committee on Commerce and Labor.
For: Senate Bill No. 37.
To Waive:
Subsection 3 of Joint Standing Rule No. 14.3 (out of final committee of 2nd house by 103rd day).
Subsection 4 of Joint Standing Rule No. 14.3 (out of 2nd house by 110th day).
With the following Conditions:
May only be passed out of final committee of second house on or before May 21, 1999.
May only be passed out of second house on or before May 26, 1999.
Has been granted effective: May 13, 1999.
William J. Raggio Joseph E. Dini, Jr.
Senate Majority Leader Speaker of the Assembly
A Waiver requested by: Speaker Joseph E. Dini, Jr.
For: Senate Bill No. 438.
To Waive:
Subsection 3 of Joint Standing Rule No. 14.3 (out of final committee of 2nd house by 103rd day).
Subsection 4 of Joint Standing Rule No. 14.3 (out of 2nd house by 110th day).
With the following Conditions:
May only be passed out of final committee of second house on or before May 21, 1999.
May only be passed out of second house on or before May 26, 1999.
Has been granted effective: May 13, 1999.
William J. Raggio Joseph E. Dini, Jr.
Senate Majority Leader Speaker of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Senator O’Connell requested that Assembly Bill No. 603 be taken from the Consent Calendar and placed on the Second Reading File.
Remarks by Senator O’Connell.
Senator Amodei moved that Assembly Bill 432 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Amodei.
Motion carried.
Assembly Concurrent Resolution No. 3.
Senator O’Donnell moved the adoption of the resolution.
Remarks by Senator O’Donnell.
Resolution adopted.
Assembly Concurrent Resolution No. 25.
Resolution read.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 834.
Amend the resolution, page 2, line 2, by deleting “shall” and inserting “may”.
Amend the resolution, page 2, line 4, by deleting “shall” and inserting “may”.
Amend the resolution, page 2, line 27, by deleting “shall,” and inserting “may,”.
Amend the resolution, page 2, line 34, by deleting “shall” and inserting “may”.
Amend the resolution, page 3, line 1, by deleting “shall” and inserting “may”.
Amend the title of the resolution, first line, by deleting “Directing” and inserting “Authorizing”.
Amend the summary of the resolution, first line, by deleting “Directs” and inserting “Authorizes”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Resolution ordered reprinted, engrossed and to the Resolution File.
Senator Rawson moved that Assembly Bill No. 47 be re-referred to the Committee on Finance.
Remarks by Senator Rawson.
Motion carried.
Notice of Exemptions
May 13, 1999
The Fiscal Analysis Division, pursuant to Joint Rule No. 14.6, has determined the exemption of the following bill: Senate Bill No. 68, which:
(a) Contain an appropriation;
(b) Authorize the expenditure by a state agency of sums not appropriated from the state general fund or the state highway fund;
(c) Create or increase any significant fiscal liability of the state; or
(d) Significantly decrease any revenue of the state.
The Legislative Counsel shall cause to be printed on the face of the bill or resolution the term “exempt” and a notation of the exemption must be included as a part of the history of the bill or resolution.
Mark Stevens
SECOND READING AND AMENDMENT
Senate Bill No. 546.
Bill read second time and ordered to third reading.
Senate Bill No. 547.
Bill read second time and ordered to third reading.
Assembly Bill No. 74.
Bill read second time and ordered to third reading.
Assembly Bill No. 76.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 754.
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 482.3667 is hereby amended to read as follows:
2. The department shall issue personalized prestige license plates, uponthe payment of the prescribed fee, to any person who otherwise complies with the laws relating to the registration and licensing of motor vehicles or trailers for use on private passenger cars, motorcycles, trucks or trailers.
3. Personalized prestige license plates are valid for 12 months and are renewable upon expiration. [These]The plates may be transferred from one vehicle or trailer to another if the transfer and registration fees are paid as set [out]forth in this chapter. Any person transferring plates must be allowed a 1/12 reduction in fees for each calendar month remaining unused from the previous registration, applicable to the fees which are for the registration year for which the plates are being transferred.
4. In case of any conflict, the person who first [made application]appliedfor personalized prestige license plates and has continuously renewed [them by payment of]those plates by paying the required fee has priority.
5. The department may limit by regulation the number of letters , [and] numbersand symbols used and prohibit the use of inappropriate lettersorsymbols or combinations of letters [and numbers.], numbers and symbols.
6. The department shall not assign to any person [not holding]who does not holdthe relevant office any letters, [and] numbers or symbolsdenoting that the holder holds a public office.”.
Amend the title of the bill, third line, after “silver;” by inserting:
“authorizing the department to use symbols on personalized prestige license plates;”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 110.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 811.
Amend section 1, page 1, line 5, by deleting “transportation” and inserting “on-site movement”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 112.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 812.
Amend sec. 2, page 1, line 6, by deleting “transported” and inserting: moved on site”.
Amend sec. 2, page 2, line 6, by deleting “transportation” and inserting “on-site movement”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 188.
Bill read second time and ordered to third reading.
Assembly Bill No. 207.
Bill read second time and ordered to third reading.
Assembly Bill No. 211.
Bill read second time and ordered to third reading.
Assembly Bill No. 234.
Bill read second time and ordered to third reading.
Assembly Bill No. 252.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 795.
Amend section 1, page 2, by deleting lines 24 through 29 and inserting:
“(a) The place of use of the water is changed to land upon which a lien is imposed pursuant to subsection 5, if:
(1) The change is in accordance with applicable statutes and regulations of Nevada; or
(2) On a stream system where a decree of court has been entered, the change is in accordance with the decree or any rules adopted pursuant to the decree; or”.
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 303.
Bill read second time and ordered to third reading.
Assembly Bill No. 314.
Bill read second time and ordered to third reading.
Assembly Bill No. 410.
Bill read second time and ordered to third reading.
Assembly Bill No. 452.
Bill read second time and ordered to third reading.
Assembly Bill No. 467.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 818.
Amend section 1, page 1, by deleting lines 10 and 11 and inserting: “applicant, if the information is not relevant to the commission in determining whether to grant a license to the applicant.”.
Amend section 1, page 2, line 1, by deleting “may” and inserting “shall”.
Senator Care moved the adoption of the amendment.
Remarks by Senator Care.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 553.
Bill read second time and ordered to third reading.
Assembly Bill No. 554.
Bill read second time and ordered to third reading.
Assembly Bill No. 584.
Bill read second time and ordered to third reading.
Assembly Bill No. 601.
Bill read second time and ordered to third reading.
Assembly Bill No. 606.
Bill read second time and ordered to third reading.
Assembly Bill No. 616.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 817.
Amend section 1, page 2, by deleting lines 17 through 20 and inserting:
“4. For the purposes of this section, in accordance with the provisions of NRS 47.230, it may be reasonably inferred that a person intends to sell goods, wares, merchandise, a mixture, a preparation or a compound if the person knowingly possesses at least 26 salable units of the goods, wares, merchandise, mixture, preparation or compound.”.
Amend the title of the bill, second line, after “design;” by inserting: “establishing a rebuttable inference regarding the existence of the intent to sell certain items;”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 617.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 842.
Amend section 1, pages 1 and 2, by deleting lines 6 through 15 on page 1 and lines 1 and 2 on page 2, and inserting: “spousal support ordered by a court.”.
Amend section 1, page 2, between lines 33 and 34, by inserting:
“8. For the purposes of this section, a defendant is not “unable to provide the child support or spousal support ordered by a court” if, during the period that the defendant was obligated to provide and failed to provide child support or spousal support, the defendant was:
(a) Voluntarily unemployed or underemployed without good cause or to avoid payment of child support or spousal support, including, without limitation, not using reasonable diligence to secure sufficient employment; or
(b) Unable to pay the child support or spousal support ordered by a court because of his excessive spending, indebtedness or other legal obligation, unless the spending, indebtedness or other legal obligation was not within the control of the defendant.”.
Amend sec. 3, page 3, line 31, by deleting “or” and inserting “and”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 620.
Bill read second time and ordered to third reading.
Assembly Bill No. 627.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 777.
Amend section 1, page 2, line 43, by deleting “its employees.” and inserting: “[its employees.] the public authority.”.
Amend sec. 2, page 3, by deleting lines 15 through 17 and inserting:
“(d) Fixing
reasonable fees [for
providing information about accommodations and commercial services,]
to recover the actual administrative cost incurred by the [department;
and]
department for:
(1) Authorizing the use of trade-marks and symbols identifying an individual enterprise on a directional or informational sign; and
(2) Providing information concerning commercial attractions and services;
(e) Fixing reasonable fees, based upon the market value as determined by the department, for:”.
Amend sec. 2, page 3, line 19, after “in” by inserting: “an urban area of”.
Amend sec. 2, page 3, line 21, after “information” by inserting: “in an urban area of a county whose population is 100,000 or more”.
Amend sec. 2, page 3, line 23, by deleting “(e)” inserting “(f)”.
Amend sec. 3, page 3, by deleting lines 31 and 32 and inserting: “individual enterprise on a directional or informational sign; and”.
Amend the title of the bill, third line, by deleting “certain”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 645.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 843.
Amend the bill as a whole by adding new sections designated sections 1.1 through 1.9, following section 1, to read as follows:
“Sec. 1.1. NRS 2.250 is hereby amended to read as follows:
(a) Except as otherwise provided in paragraph (c), whenever an appeal is taken to the supreme court, or whenever a special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise is brought in or to the supreme court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the appeal, cross-appeal or petition for a special proceeding has been entered on the docket, pay to the clerk of the supreme court the sum of $200.
(b) Except as otherwise provided in paragraph (c), a party to an appeal or special proceeding who petitions the supreme court for a rehearing shall, at the time of filing such a petition, pay to the clerk of the supreme court the sum of $100.
(c) No fees may be charged by the clerk in:
(1) Any action brought in or to the supreme court wherein the [state,] State of Nevada or any county, city or town thereof, or any officer or commission thereof is a party in his or its official or representative capacity, against the [state,] State of Nevada, county, city, town, officer or commission;
(2) A habeas corpus proceeding of a criminal or quasi-criminal nature; or
(3) An appeal taken from, or a special proceeding arising out of, a criminal proceeding.
(d) A fee of $60 for supreme court decisions in pamphlet form for each year, or a fee of $30 for less than a 6 months’ supply of decisions, to be collected from each person who requests such decisions, except those persons and agencies set forth in NRS 2.345. The clerk may charge a reasonable fee to all parties, including, without limitation, the persons and agencies set forth in NRS 2.345, for access to decisions of the supreme court compiled in an electronic format.
(e) A fee from a person who requests a photostatic copy or a photocopy print of any paper or document in an amount determined by the justices of the supreme court.
2. [No other fees may be charged than those specially set forth in this section nor may fees be charged for services other than those set forth in this section.] The clerk of the supreme court shall not charge any fee that is not authorized by law.
3. The clerk of the supreme court shall keep a fee book in which the clerk shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book must be open to public inspection in the office of the clerk.
4. The clerk of the supreme court shall publish and post in some conspicuous place in his office a table of fees for public inspection. The clerk shall forfeit a sum of not less than $20 for each day of his omission to do so, which sum with costs may be recovered by any person by filing an action before any justice of the peace of the same county.
5. All fees prescribed in this section must be paid in advance, if demanded. If the clerk of the supreme court has not received any or all of the fees which are due to him for services rendered in any suit or proceeding, the clerk may have execution therefor in his own name against the party from whom they are due, to be issued from the supreme court upon order of a justice thereof or from the court upon affidavit filed.
6. The clerk of the supreme court shall give a receipt on demand of the party paying a fee. The receipt must specify the title of the cause in which the fee is paid and the date and the amount of the payment.
7. The clerk of the supreme court shall, when depositing with the state treasurer money received for court fees, render to the state treasurer a brief note of the cases in which the money was received.
Sec. 1.3. NRS 2.255 is hereby amended to read as follows:
2.255 If the clerk of the supreme court:
1. Violates any of the provisions of subsections 2 and 3 of NRS 2.250, he shall be fined in an amount not exceeding $1,000.
2. Takes greater fees than [allowed under NRS 2.250,] authorized by law, he shall, upon conviction, be removed from office and fined in an amount not exceeding $1,000.
Sec. 1.5. NRS 4.080 is hereby amended to read as follows:
4.080 [No other fees may be charged by justices of the peace than those specifically set forth in this chapter, nor may fees be charged for any other services than those mentioned in this chapter.] A justice of the peace shall not charge any fee that is not authorized by law.
Sec. 1.7. NRS 19.070 is hereby amended to read as follows:
19.070 [No other fees shall be charged than those set forth in this chapter, nor shall fees be charged for any other services than those mentioned in this chapter.] A county clerk shall not charge any fee that is not authorized by law.
Sec. 1.9. NRS 19.110 is hereby amended to read as follows:
Amend sec. 5, pages 5 through 7, by deleting lines 24 through 43 on page 5, lines 1 through 43 on page 6 and lines 1 through 12 on page 7, and inserting:
(a) Manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b) [Except as otherwise provided in subsection 4, carry] Carry concealed upon his person any:
(1) Explosive substance, other than ammunition or any components thereof;
(2) Dirk, dagger or machete;
(3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or
(4) Knife which is made an integral part of a belt buckle.
2. [It] Except as otherwise provided in this section, it is unlawful for a person to possess or use a:
(a) Nunchaku or trefoil with the intent to inflict harm upon the person of another; or
(b) Machine gun or a silencer.
3. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of subsection 1 or 2 is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a category D felony, and shall be punished as provided in NRS 193.130.
4. Except as otherwise provided in this subsection , [and NRS 202.3653 to 202.369, inclusive,] the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife. This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm.
5. [This] Except as otherwise provided in subsection 6, this section does not apply to:
(a) Sheriffs, constables, marshals, peace officers, special police officers, police officers of this state, whether active or honorably retired, or other appointed officers.
(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.
(c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.
(d) Members of the Armed Forces of the United States when on duty.
6. The exemptions provided in subsection 5 do not include a former peace officer who is retired for disability unless his former employer has approved his fitness to carry a concealed weapon.
7. The provisions of paragraph (b) of subsection 2 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.
8. As used in this section:
(a) “Concealed weapon” [has the meaning ascribed to it in subsection 1 of NRS 202.3653.] means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.
(b) “Honorably retired” means retired in Nevada after completion of 10 years of creditable service as a member of the public employees’ retirement system. A former peace officer is not “honorably retired” if he was discharged for cause or resigned before the final disposition of allegations of serious misconduct.
(c) “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.
(d) “Nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.
(e) “Silencer” means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.
(f) “Switchblade knife” means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism.
(g) “Trefoil” means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 667.
Bill read second time and ordered to third reading.
Assembly Bill No. 603.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 894.
Amend section 1, page 2, by deleting line 5 and inserting:
“(a) Sent by mail or, if requested by a party to whom notice must be provided pursuant to this paragraph, by electronic means if receipt of such an electronic notice can be verified, to:”.
Amend sec. 4, page 4, line 39, by deleting “by mail”.
Amend sec. 4, page 5, by deleting line 5 and inserting: “The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must”.
Amend sec. 4, page 5, line 11, by deleting “by mail”.
Amend sec. 4, page 5, by deleting line 13 and inserting: “nearest to the property in question. The notice must be sent by mail or, if requested by an owner to whom notice must be provided, by electronic means if receipt of such an electronic notice can be verified, and be written in language”.
Amend sec. 4, page 5, line 14, by deleting “It” and inserting “The notice”.
Amend sec. 4, page 5, line 24, by deleting “mailing” and inserting “sending”.
Amend sec. 5, page 6, by deleting lines 7 through 9 and inserting:
“Sec. 5. 1. This section becomes effective upon passage and approval.
2. For the purpose of adopting the local ordinances required by section 1 of this act, sections 1 to 4, inclusive, of this act become effective upon passage and approval. For all other purposes:
(a) Sections 1, 2 and 3 of this act become effective on October 1, 1999.
(b) Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 167.
Bill read third time.
Remarks by Senators Porter and Raggio.
Roll call on Senate Bill No. 167:
Yeas—21.
Nays—None.
Senate Bill No. 167 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 53.
Bill read third time.
Roll call on Assembly Bill No. 53:
Yeas—21.
Nays—None.
Assembly Bill No. 53 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 166.
Bill read third time.
Roll call on Assembly Bill No. 166:
Yeas—19.
Nays—Carlton, Neal—2.
Assembly Bill No. 166 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 462.
Bill read third time.
The following amendment was proposed by Senator O’Donnell:
Amendment No. 907.
Amend section 1, page 4, line 13, by deleting “A” and inserting:
“Unless the landlord and tenant have previously agreed otherwise by written contract, a”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senators O’Donnell, Titus, Amodei, James and Raggio.
Amendment failed.
Roll call on Assembly Bill No. 462:
Yeas—21.
Nays—None.
Assembly Bill No. 462 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 477.
Bill read third time.
Remarks by Senators Raggio and Townsend.
Roll call on Assembly Bill No. 477:
Yeas—14.
Nays—Amodei, O’Connell, O’Donnell, Raggio, Rawson, Rhoads, Townsend—7.
Assembly Bill No. 477 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 490.
Bill read third time.
Remarks by Senators Neal and Rhoads.
Roll call on Assembly Bill No. 490:
Yeas—21.
Nays—None.
Assembly Bill No. 490 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 509.
Bill read third time.
Roll call on Assembly Bill No. 509:
Yeas—15.
Nays—Amodei, Care, Carlton, Coffin, Titus, Wiener—6.
Assembly Bill No. 509 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Joint Resolution No. 2.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 2:
Yeas—18.
Nays—Care, Carlton, Titus—3.
Assembly Joint Resolution No. 2 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 14.
The following Assembly amendment was read:
Amendment No. 739.
Amend section 1, page 2, by deleting line 4 and inserting:
“2. The governing body of a city or consolidated municipality whose population is 50,000 or more but less than 100,000 may lend securities from its investment portfolio if:
(a) The investment portfolio has a value of at least $50,000,000;
(b) The governing body is currently authorized to lend securities pursuant to subsection 5;
(c) The treasurer of the city or consolidated municipality:
(1) Establishes a policy for investment that includes provisions which set forth the procedures to be used to lend securities pursuant to this section; and
(2) Submits the policy established pursuant to subparagraph (1) to the manager of the city or consolidated municipality and prepares and submits to the manager of the city or consolidated municipality a monthly report that sets forth the securities that have been lent pursuant to this section and any other information relating thereto, including, without limitation, the terms of each agreement for the lending of those securities; and
(d) The governing body receives collateral from the borrower in the form of cash or marketable securities that are:
(1) Authorized pursuant to NRS 355.170, if the collateral is in the form of marketable securities; and
(2) At least 102 percent of the value of the securities borrowed.
3. The governing body of a city, county or consolidated municipality may enter into such”.
Amend section 1, page 2, line 7, by deleting “3.” and inserting “4.”.
Amend section 1, page 2, line 8, after “subsection 1” by inserting “or 2”.
Amend section 1, page 2, between lines 9 and 10, by inserting:
“5. The governing body of a city or consolidated municipality whose population is 50,000 or more but less than 100,000 shall not lend securities from its investment portfolio unless it has been authorized to do so by the state board of finance. The state board of finance shall adopt regulations that establish minimum standards for granting authorization pursuant to this subsection. Such an authorization is valid for 2 years and may be renewed by the state board of finance for additional 2-year periods.”.
Senator O’Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 14.
Remarks by Senator O’Connell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 177.
The following Assembly amendment was read:
Amendment No. 735.
Amend sec. 4, page 3, by deleting line 8 and inserting:
“requirements, as well as the review and regulation of architectural and”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 177.
Remarks by Senator Townsend.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 241.
The following Assembly amendment was read:
Amendment No. 725.
Amend the bill as a whole by adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. 1. This section and sections 2 to 5, inclusive, of this act become effective upon passage and approval.
2. Section 1 of this act becomes effective on July 1, 1999.”.
Senator Townsend moved that the Senate concur in the Assembly amendment to Senate Bill No. 241.
Remarks by Senator Townsend.
Motion carried.
Bill ordered enrolled.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rhoads moved that Assembly Bill No. 136 be taken from the Secretary’ desk and placed on General File for the next legislative day.
Remarks by Senator Rhoads.
Motion carried.
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bills Nos. 121, 274, 472; Senate Concurrent Resolution No. 1; Assembly Bills Nos. 95, 107, 111, 141, 197, 203, 215, 231, 249, 254, 255, 260, 414, 425, 445, 447, 450, 461, 489, 518, 531, 593, 612, 624, 640, 644, 651; Assembly Joint Resolution No. 12; Assembly Concurrent Resolution No. 64.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Bordewich/Bray Elementary School: Jeffrey Butler, Tjerck Dewitt, Haleigh Donnelly, Samantha Fierro, Savannah Flansburg, Alexa Gillespie, Ashley Hayes, Valentina Hunter, Jonathan Kane, Jason Ortiz, Thomas Preston, Rachael Reynolds-Strange, Tarian Ricketts, Daniel Rogers, Rachel Rupert, Jillian Shufelt, Erick Sperske; teacher, Oddetta Coughlin; chaperones: Terri Shufelt, Vicki Preston, Georgia Ferrel and Shannon Sperske.
Senator Raggio moved that the Senate adjourn until Friday, May 14, 1999 at 10:30 a.m.
Motion carried.
Senate adjourned at 1:09 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas