NEVADA LEGISLATURE

THE ONE HUNDRED AND EIGHTEENTH DAY

Carson City (Saturday), June 2, 2001

Assembly called to order at 11:26 a.m.

Mr. Speaker presiding.

Roll called.

All present.

Prayer by the Chaplain, Pastor Monte Fast.

Our Father, grant to us the gifts of patience, energy, respect and integrity.

Amen.

Pledge of allegiance to the Flag.

Assemblyman Manendo 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 Government Affairs, to which was re-referred Senate Bill No. 319, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Douglas A. Bache, Chairman

Mr. Speaker:

Your Committee on Taxation, to which was referred Assembly Bill No. 668, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David E. Goldwater, Chairman

Mr. Speaker:

Your Committee on Ways and Means, to which was referred Senate Bill No. 143, 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, June 1, 2001

To the Honorable the Assembly:

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. 305, Senate Amendment No. 912, and requests a conference, and appointed Senators McGinness, Porter and Wiener as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 370, Senate Amendment No. 1081, and requests a conference, and appointed Senators Porter, Amodei and Wiener as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 394, Senate Amendment No. 907, and requests a conference, and appointed Senators Washington, Porter and Care as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 399, Senate Amendment No. 757, and requests a conference, and appointed Senators Porter, McGinness and Titus as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 466, Senate Amendment No. 910, and requests a conference, and appointed Senators Porter, Amodei and Wiener 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 concurred in the Assembly Amendment No. 742 to Senate Bill No. 33.

Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 916 to Senate Bill No. 356.

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. 741 to Senate Bill No. 49.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators James, Porter and Care as a first Conference Committee concerning Senate Bill No. 25.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Connell, Titus and Porter as a first Conference Committee concerning Senate Bill No. 62.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators James, McGinness and Care as a first Conference Committee concerning Senate Bill No. 83.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Porter, McGinness and Wiener as a first Conference Committee concerning Senate Bill No. 171.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Amodei, Jacobsen and Shaffer as a first Conference Committee concerning Senate Bill No. 303.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Rhoads, Coffin and McGinness as a first Conference Committee concerning Senate Bill No. 357.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Amodei, Washington and Wiener as a first Conference Committee concerning Senate Bill No. 377.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators James, McGinness and Titus as a first Conference Committee concerning Senate Bill No. 551.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

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

Assembly Concurrent Resolution No. 41—Commending the staff of the Legislative Counsel Bureau.

Whereas, As early as 1945, when the Legislative Counsel Bureau was created, the Nevada Legislature recognized the need for additional information, advice and assistance in securing sufficient details to act advisedly on legislative matters and accommodate increasingly complex legislative tasks that were impossible to complete without support; and

Whereas, The functions assigned to the Legislative Counsel Bureau, which was composed of only three members in 1945, were restricted mainly to the appointment of a Legislative Counsel whose principal duties were to assist the Legislature by conducting a survey relating to the needs and functions of the existing entities of the state government and by providing advice for proposed legislation concerning those matters; and

Whereas, Since those early days, the Legislative Counsel Bureau has evolved into an organization of more than 200 professional employees, and during legislative sessions, almost 300 public servants, who provide a full range of services for the “people’s branch” of government; and

Whereas, The goal of the Legislative Counsel Bureau in the modern era is to continue to meet the ever-increasing challenges of providing nonpartisan, centralized services to members of both houses of the Legislature and their constituents in the most efficient, professional manner possible; and

Whereas, The 2001 legislative session, like the historic session of 1999, was limited to 120 calendar days, placing extra time constraints upon the staff; and

Whereas, The ability to meet this time limitation is dependent upon the coordination of staff assignments and, ultimately, the participation of each staff member to accomplish in 120 days what had been completed in the longer sessions of the past; and

Whereas, The staff of each division and unit of the Legislative Counsel Bureau contributed to the success of the 2001 session and met the various challenges with unparalleled skill, resourcefulness, diligence and, when necessary, humor; and

Whereas, In the Administrative Division of the Legislative Counsel Bureau, the staff of the Information Systems Unit and the Media Services Unit continued to improve technology for the legislative process, the staff of the Buildings Unit, the Grounds Unit and the Janitorial Unit prepared and meticulously maintained the building and its grounds as a showplace in Carson City, and the staff of the Accounting Unit, the General Services Unit, the Legislative Police, the Las Vegas office and the Director’s office, and the session staff in the message center, the public bill room, the bill mail room, lobbyist registration and the lobbyist center kept the Legislature functioning smoothly; and

Whereas, The staff of the Audit Division continued to provide the Legislature with independent and reliable information about the operations of state agencies, programs, activities and functions by presenting audit reports and by testifying on legislation to promote accountability in state government, and continued to produce their high-quality audits while reviewing all legislation within the time limitations in a quick and efficient manner; and

Whereas, The staff of the Fiscal Analysis Division reviewed the ever-increasing budget, bills relating to the budget and budget amendments within the condensed period, maintaining their usual accuracy and efficiency, reviewed fiscal notes in half the time available in sessions before 1999, provided staff support for the Committees on Taxation and responded to Legislators’ requests for information concerning budgets and taxation promptly and efficiently; and

Whereas, The staff of the Legal Division exceeded their high standards by meeting all deadlines for the drafting of bills and amendments, preparing an increasing quantity of work without sacrificing quality or their meticulous attention to detail, while providing legal advice on the usual wide range of issues to the Legislature and its staff, fully aware that their dedication and long hours were essential to the success of the 120-day session; and

Whereas, The staff of the Research Division, assisted by its Research Library, provided research and analysis of current and proposed public programs and policies, furnished thorough and prompt background information for use in committees and on the floor of each legislative house, aided committee chairmen by providing administrative and technical assistance in the hearing and processing of bills to meet the rigorous scheduling demands established as a result of the condensed session, and responded to an increased number of Legislator and constituent requests in a timely, efficient and thorough manner despite strict time constraints; and

Whereas, Although the demands on legislative staff were even greater this session because of the reapportionment and redistricting of both legislative houses, the congressional districts and the districts of the State Board of Education and the Board of Regents of the University of Nevada, the duties pertaining thereto were provided in an efficient, impartial, professional and coordinated manner by several different divisions and units of the Legislative Counsel Bureau; now, therefore, be it

Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 71st session of the Nevada Legislature do hereby express their sincere appreciation to the outstanding staff of the Legislative Counsel Bureau and commend the dedication, cooperation and exceptional work of each person on the staff; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Lorne Malkiewich, Director of the Legislative Counsel Bureau.

Assemblywoman Buckley moved the adoption of the resolution.

Remarks by Assemblymen Buckley, Hettrick, Nolan, Giunchigliani, Anderson, Cegavske, Smith, Ohrenschall and Price.

Assemblywoman Buckley requested that the following remarks be entered in the Journal.

Assemblywoman Buckley:

Thank you, Mr. Speaker. As we begin winding down this legislative session, it seems only appropriate to thank the people who helped us get to the spot where we are today. It’s very difficult to believe, Mr. Speaker, and to you and through you to the members of this body, but we are not the easiest people in this world to work for. We have the best staff imaginable, from Legal, who take our thoughts and try to transform them into laws. To Research, that provides us the opportunity to learn what other states have done. To Fiscal, that helps us put together a budget and implements so many of the programs that we find important. To our Audit Division, which provides us the information so that we know we’re being the most effective we can be as a state. To Information and Media Services, so many of the folks that provide the support we need to do what we do.

A special thanks to all the Information Services folks, who have equipped us with computers which allow us to e-mail even more questions to Fiscal, Legal and Research as we try to get information on a quick basis to try and make the best laws that we can. Our Legislative Police, folks we sometimes don’t see, but who are looking after our security. They are always here for us. Our permanent clerk staff. There are so many. All of the support staff that make us able to do the work we do.

As we reach the end and we’re working 20-hour days and our staff is working 20-hour days, we thought it only appropriate to take this opportunity to thank each and every staff person for the hard work that they do. We have never, I think, seen such a fine collection of staff. They make our work possible. So, with this resolution, we want to express in a small way our thanks for all of the hard work.

Assemblyman Hettrick:

Thank you, Mr. Speaker. I rise in support of ACR 41. I look at this resolution and the first words that struck me was that it says, “two hundred professional employees.” I have to tell you I don’t think that word could be better said in regard to a group of employees. They epitomize professionalism. They do their job well. They are well trained. They are just so capable and competent in every possible way. Those of the folks that are in the professional staff, I just, again, can’t tell you how much you do for us and how much we appreciate it and how professional you really are. The next line down says, “almost three hundred public servants.” Again, I think these people have to epitomize what public service is. Most of the public in the State of the Nevada have no idea these people are working anywhere in this building or anywhere for this Legislature. They are totally behind the scenes. They are unsung heroes of getting the work done, day in and day out. No one knows they do it. So, it’s only fitting that we get up and thank them for all their efforts that make our job easier and hopefully better. We simply can’t thank them all enough. We do want to say thanks to them and we appreciate all their efforts on our behalf in this session.

Assemblyman Nolan:

Thank you, Mr. Speaker. I, too, had to rise in support of ACR 41. In my fourth session, it never ceases to amaze me the caliber and the quality of the people that LCB continues to hire and find for us. The personality and friendliness and the funloving attitude of these people is truly amazing. I just want to say that these folks are just as responsible for the job that we do in our legislative duties as any elected official is. I personally wanted to offer my support and thanks.

Assemblywoman Giunchigliani:

Thank you, Mr. Speaker. I, too, rise in support ACR 41. I simply wanted to echo what my colleagues have said very eloquently. If you look around the room, we only have the fortune of having four or five of our “workhorses,” so to speak. That is a kind term in this case. They are all behind the scenes as the minority leader said. That doesn’t mean that they don’t run this place. We may think we do, but it really is them. They make us look good. We would not be successful if it wasn’t for them. I also have to echo and acknowledge that this is one of the best non-partisan groups that we had the fortune to work with. I think that’s the key to what makes it work. No matter what, no ideas dismissed, no one is looked at as a party person. “If that’s a policy decision, I will help you make it work.” So to those of you listening on your TV’s or intercoms, thank you very much and we appreciate all that you do. Hopefully, the check will be in the mail as of June 4th.

Assemblyman Anderson:

Thank you, Mr. Speaker. I, also, rise in support of ACR 41. The quality of the work, obviously, we’re all very familiar with. What never ceases to amaze me is, when I walk into Legal or Research, just having seen one of my colleagues leave just a few minutes ahead of me, when I approach them with my particular problem, they look on it as if it is the only problem that they have to deal with. That it is the most important problem that they have. They treat each of us as if we are the “king for the day” and that our constituents and our committees are the only thing that exists in their world. It is that kind of dedication, that singular focus that they give to us when we come into that room to sit down with them, that I think makes us all feel so comfortable. We know that our problem is going to be the focus of their attention. Yet, when we walk back out that door, we walk by another colleague who is going to be treated in exactly the same way. We know that. We know that both of our problems are going to have that same solution, the solution that is best for all of us. Our staff is the best. Again, although I’ve heard it from my colleague, in talking about how they can recruit new people, I would point out I have a new staff member in Judiciary, relative to Research. The quality of his work is exemplary. I couldn’t say enough good things about him—in terms of the high traditions and standards that have been set by other researchers. I wanted to rise in support of this piece of work, ACR 41, in recognition of the hard work those people are doing.

Assemblywoman Cegavske:

Thank you, Mr. Speaker. I rise in support of ACR 41 and I echo my colleagues’ comments. I wanted to add that, in my travels, from being a legislator for three sessions, and going to the different conferences, when, the other legislators and staff people ask me what state I am from, I proudly say Nevada. They say, “I know so and so.” Or they say, “I worked with so and so over there. They were so kind. What a wonderful group of people you work with.” NCSL is an example. We hosted that conference in Las Vegas, in July, several years ago. The staff just did an excellent job. All the states, all the other elected officials, are still talking about how wonderful it was and what you had done. I don’t think any of us really knew until it was over how hard you worked and all the things that you did. Again, echoing my colleagues, thank you all very much.

Assemblywoman Smith:

Thank you, Mr. Speaker. I, too, rise in support of ACR 41. I had not intended to speak on this resolution but wanted to lend my perspective as a freshman legislator. I have been constantly amazed at the staff here and how we are treated—the good work they do for us. I echo my colleague from Sparks’ comment about when you are working with a staff member they truly do make you feel like you are so valued, regardless of the fact you are a freshman. They still give you respect and do such tremendous work. I couldn’t believe it when I first arrived I asked for a piece of information from a newspaper article that was several months old. By that afternoon I had an entire piece of research on my desk. It has helped me so much in the work I have done here. When I talk to people out in the public and they ask about my experience as a freshman, the first thing I always relate is how amazing it is, the work that goes on here and how competent and amazing the staff is here. Thank you, Mr. Speaker.

Assemblywoman Ohrenschall:

Thank you, Mr. Speaker. I, too, rise in support of ACR 41. I simply want to take this opportunity to thank each and every member of the Legislative Counsel Bureau for their great work and, in particular, for the great support they have given to me this session, particularly as I came in every day in a wheelchair with a broken leg, until I recovered.

Assemblyman Price:

Thank you, Mr. Speaker. It’s certainly with pleasure and special feeling that I rise in support of ACR 41. Over the years that I have been here operating as a legislator, I feel, as I think most of us do, that what we really have is an extended family working for us. They are so wonderful. Over the years, I have had an interest in other legislatures and I have been to a lot of different ones on trips. I looked at how they were served and their operations. We are just so fortunate here. In my humble opinion, it’s the best of the best. I don’t think we can say enough about how wonderful they are and everything that they do for us. I would respectfully ask that the majority leader’s remarks about how hard we are to work for be stricken from the record.

Assemblywoman Buckley:

Thank you, Mr. Speaker. See what I mean?

Resolution adopted unanimously.

Assemblywoman Buckley moved that all rules be suspended and that Assembly Concurrent Resolution No. 41 be immediately transmitted to the Senate.

Motion carried unanimously.

INTRODUCTION, FIRST READING AND REFERENCE

By Assemblymen Dini, Giunchigliani, Perkins and Buckley (emergency request of Perkins):

Assembly Bill No. 670—AN ACT relating to Oriental medicine; revising the provisions relating to the issuance of a license to practice as a doctor of Oriental medicine; and providing other matters properly relating thereto.

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

Motion carried.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

The first Conference Committee concerning Assembly Bill No. 555, consisting of the undersigned members, has met, and reports that:

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

Raymond D. Rawson	Bonnie L. Parnell
William R. O’Donnell	Dawn Gibbons
Bernice Mathews	Debbie Smith
Senate Conference Committee	Assembly Conference Committee

Assemblywoman Parnell moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 555.

Remarks by Assemblywoman Parnell.

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Elections, Procedures, and Ethics, to which was re-referred Assembly Joint Resolution No. 14, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Chris Giunchigliani, Chairman

Mr. Speaker:

Your Committee on Judiciary, to which was referred Senate Bill No. 577, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson, Chairman

Mr. Speaker:

Your Committee on Ways and Means, to which were re-referred Senate Bills Nos. 367, 573, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Ways and Means, to which were referred Senate Bills Nos. 428, 444, 464, 477, 494, 505, 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 Assembly Bill No. 175, 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 Senate Bill No. 421, 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. 481, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

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

Assembly in recess at 11:57 a.m.

ASSEMBLY IN SESSION

At 12:46 p.m.

Mr. Speaker presiding.

Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Ways and Means, to which was referred Assembly Bill No. 513, 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

UNFINISHED BUSINESS

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Manendo, Nolan and McClain as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 305.

Mr. Speaker appointed Assemblymen Buckley, Gustavson and Oceguera as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 394.

Mr. Speaker appointed Assemblymen Ohrenschall, Gustavson and Claborn as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 399.

Recede From Assembly Amendments

Assemblyman Anderson moved that the Assembly do not recede from its action on Senate Bill No. 49, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

Remarks by Assemblyman Anderson.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Buckley, Carpenter and Koivisto as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 49.

SECOND READING AND AMENDMENT

Assembly Bill No. 668.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 1196.

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

“Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The legislature hereby finds and declares that:

(a) Section 1 of article 10 of the Nevada constitution, which governs property taxes, requires the legislature to provide by law for a uniform and equal rate of assessment and taxation and to prescribe such regulations as will ensure a just valuation for the taxation of all property within this state;

(b) The reliability of our system of assessing property to establish a just valuation for taxation by providing for the determination of the value of all property in the same manner, regardless of its location, on the basis of the selling price of comparable property in the area has been called into question because of anomalies in certain market factors that have resulted in unprecedented increases in the selling price of property in one particular area of the state where the average annual increase in gross assessed valuation for the past 10 years before these spikes began was 5.6 percent per year;

(c) This anomaly in market factors appears to be related to extreme limitations placed on the development rights of some of the property in this area by a regional planning agency created to establish environmental threshold carrying capacities for a region that exhibits unique environmental and ecological values which are irreplaceable;

(d) An exception to our system of assessing property must be made to ensure that the property located in this particular area, and other areas in which a similar anomaly may develop in the next tax year if additional regional planning agencies that severely restrict development are created by state or local governments, continue to be taxed in a manner that is fair and equitable compared with all other property in the state;

(e) The provisions of this section are necessary to ensure that extreme spikes in the selling price of property resulting, in part, from the strict regulation of the development in certain areas of the state do not compromise the constitutionality of our system of assessing property; and

(f) Temporarily limiting the percentage of increase of the taxable value of the property in areas where extreme spikes in the selling price of property have occurred is the most fair and equitable manner of ensuring statewide uniformity and equality in the rate of assessment and taxation of the property of this state until this legislature is able to reevaluate the formulas for the assessment and taxation of the property in this state and develop an appropriate adjustment for areas in which these anomalies occur.

2. Except as otherwise provided in subsection 3, in listing and assessing the taxable value of property to the owner pursuant to NRS 361.260, for the purposes of applying a tax rate, a county assessor shall not increase by more than 6 percent per year the taxable value of property located within a region that is covered by a regional plan adopted by the governing body of a regional planning agency created to establish environmental threshold carrying capacities for a region that exhibits unique environmental and ecological values.

3. The provisions of subsection 2 do not apply to an increase in taxable value that is directly attributable to the addition or major renovation of an improvement on the property.

4. If a parcel is split for placement on the tax roll in one or more separate pieces, the taxable value of the parcel before the split must be equitably apportioned among the pieces and the apportioned taxable value of each piece of the property assessed to the owner pursuant to NRS 361.260 must not be increased by more than 6 percent per year. If one or more parcels are combined for placement on the tax roll, the taxable value of each of the parcels must be added together to determine the taxable value of the combined parcel assessed to the owner pursuant to NRS 361.260 and that taxable value must not be increased by more than 6 percent per year.

Sec. 2. NRS 361.260 is hereby amended to read as follows:

361.260 1. Each year, the county assessor, except as otherwise required by a particular statute, shall ascertain by diligent inquiry and examination all real and secured personal property that is in his county on July 1 which is subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the property. He shall then determine the taxable value of all such property and , except as otherwise provided in section 1 of this act, he shall then list and assess it to the person, firm, corporation, association or company owning it on July 1 of that fiscal year. He shall take the same action at any time between May 1 and the following April 30, with respect to personal property which is to be placed on the unsecured tax roll.

2. At any time before the lien date for the following fiscal year, the county assessor may include additional personal property and mobile and manufactured homes on the secured tax roll if the owner of the personal property or mobile or manufactured home owns real property within the same taxing district which has an assessed value that is equal to or greater than the taxes for 3 years on both the real property and the personal property or mobile or manufactured home, plus penalties. Personal property and mobile and manufactured homes in the county on July 1, but not on the secured tax roll for the current year, must be placed on the unsecured tax roll for the current year.

3. An improvement on real property in existence on July 1 whose existence was not ascertained in time to be placed on the secured roll for that tax year and which is not governed by subsection 4 must be placed on the unsecured tax roll.

4. ~~[The]~~ Except as otherwise provided in section 1 of this act, the value of any property apportioned among counties pursuant to NRS 361.320, 361.321 and 361.323 must be added to the central assessment roll at the assessed value established by the Nevada tax commission or as established pursuant to an appeal to the state board of equalization.

5. In addition to the inquiry and examination required in subsection 1, for any property not reappraised in the current assessment year, the county assessor shall determine its assessed value for that year by applying a factor for improvements, if any, and a factor for land to the assessed value for the preceding year. The factor for improvements must reasonably represent the change, if any, in the taxable value of typical improvements in the area since the preceding year, and must take into account all applicable depreciation and obsolescence. The factor for improvements must be adopted by the Nevada tax commission. The factor for land must be developed by the county assessor and approved by the commission. The factor for land must be so chosen that the median ratio of the assessed value of the land to the taxable value of the land in each area subject to the factor is not less than 30 percent nor more than 35 percent.

6. The county assessor shall reappraise all real property at least once every 5 years.

7. The county assessor shall establish standards for appraising and reappraising land pursuant to this section. In establishing the standards, the county assessor shall consider comparable sales of land before July 1 of the year before the lien date.

8. Each county assessor shall submit a written request to the board of county commissioners and the governing body of each of the local governments located in the county which maintain a unit of government that issues building permits for a copy of each building permit that is issued. Upon receipt of such a request, the governing body shall direct the unit which issues the permits to provide a copy of each permit to the county assessor within a reasonable time after issuance.

Sec. 3. This act first applies to the preparation of the assessment roll which must be completed on or before January 1, 2002, and must not be construed to affect the tax bills for any year before the fiscal year that begins on July 1, 2002.

Sec. 4. 1. This section and sections 1 and 3 of this act become effective on July 1, 2001.

2. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 2001.

3. This act expires by limitation on June 30, 2003.”.

Amend the title of the bill to read as follows:

“AN ACT relating to taxation; temporarily limiting the annual increase in the taxable value of property in certain areas for the assessment of property taxes; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Temporarily limits annual increase in taxable value of property in certain areas for assessment of property taxes. (BDR 32-1551)”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblymen Goldwater and Giunchigliani.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 175.

Bill read second time.

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

Amendment No. 1205.

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

“Section 1. NRS 408.569 is hereby amended to read as follows:

408.569 The department [may] shall establish along [the most] one or more frequently traveled highways of this state a system of [telephones] communication for members of the general public to report fires, accidents or other emergencies [or] and to receive information concerning the conditions for driving on certain highways.

Sec. 2. 1. There is hereby appropriated from the state highway fund to the department of transportation the sum of $500,000 for the establishment and maintenance of an emergency system of call boxes located on Interstate Highway No. 15 from the boundary of the State of California to Lake Mead Drive in Clark County, Nevada.

2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state highway fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes effective upon passage and approval.”.

Amend the title of the bill to read as follows:

“AN ACT relating to highways; requiring the department of transportation to establish along certain highways a system of communication for members of the general public to report emergencies and receive information concerning conditions for driving on those highways; making an appropriation; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY─Requires department of transportation to establish along certain highways system of communication for members of general public to report emergencies and receive information concerning conditions for driving on those highways. (BDR 35-820)”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 143.

Bill read second time.

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

Amendment No. 1195.

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

“Sec. 3. There is hereby appropriated from the state general fund to the administrative office of the courts the sum of $300,000 for the establishment of programs of treatment for the abuse of alcohol or controlled substances pursuant to NRS 453.580 in the First, Third and Ninth Judicial Districts of the State of Nevada which include Carson City and Churchill, Douglas, Lyon and Storey counties.”.

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

“1 and 2” and inserting:

“1, 2 and 3”.

Amend the title of the bill, first and second lines, by deleting:

“the Second and Eighth Judicial District Courts for continuation” and inserting:

“certain judicial districts for continuation or establishment”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriations to certain judicial districts for continuation or establishment of programs of treatment for abuse of alcohol or controlled substances. (BDR S‑178)”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblymen Giunchigliani and Beers.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 577.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 1172.

Amend section 1, page 1, by deleting lines 4 through 13 and inserting:

“director or officer of a corporation is individually liable for a debt or liability of the corporation, unless:

(a) The stockholder, director or officer acts as the alter ego of the corporation; or

(b) The corporate fiction of a separate entity should be disregarded for any other reason.

2. A stockholder, director or officer acts as the alter ego of a corporation if:

(a) The corporation is influenced and governed by the stockholder,”.

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

Amend section 1, page 2, line 4, by deleting “(3)” and inserting “(c)”.

Amend section 1, page 2, by deleting lines 5 through 9 and inserting:

“sanction fraud or promote injustice.”.

Amend the bill as a whole by adding a new section designated sec. 1.5, following section 1, to read as follows:

“Sec. 1.5. NRS 78.0295 is hereby amended to read as follows:

78.0295 1. A corporation may correct a document filed by the secretary of state with respect to the corporation if the document contains an inaccurate record of a corporate action described in the document or was defectively executed, attested, sealed, verified or acknowledged.

2. To correct a document, the corporation shall:

(a) Prepare a certificate of correction which:

(1) States the name of the corporation;

(2) Describes the document, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect;

(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected

form; and

(5) Is signed by an officer of the corporation.

(b) Deliver the certificate to the secretary of state for filing.

3. A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.”.

Amend sec. 3, page 3, line 18, after “35.230,” by inserting “78.300,”.

Amend sec. 3, page 3, line 20, after “liable” by inserting:

“to the corporation or its stockholders”.

Amend sec. 3, page 3, line 23, by deleting “and” and inserting “or”.

Amend sec. 4, page 3, line 27, by deleting “under” and inserting “pursuant to”.

Amend sec. 4, page 3, line 45, by deleting “amended” and inserting “annual”.

Amend sec. 4, pages 3 and 4, by deleting line 49 on page 3 and lines 1 through 3 on page 4, and inserting:

“4. Upon filing the [annual] list required by [subsection] :

(a) Subsection 1, the corporation shall pay to the secretary of state a fee of $165.

(b) Subsection 2, the corporation shall pay to the secretary of state a fee”.

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

“of the fee due pursuant to subsection [3] 4 and a reminder to file the annual list required by subsection 2. Failure of any”.

Amend sec. 4, page 4, line 14, by deleting:

“[3 or 7]” and inserting:

“[3, 6 or 7]”.

Amend sec. 4, page 4, line 19, after “and” by inserting:

“must be accompanied by a fee of $85 for filing. A payment submitted pursuant to this subsection”.

Amend sec. 7, page 4, line 47, by deleting “under” and inserting “pursuant to”.

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

“its charter was revoked;” and inserting:

“it failed to file each required annual list in a timely manner;”.

Amend sec. 7, page 5, line 9, after “fee” by inserting “or fees”.

Amend the bill as a whole by deleting sec. 8 and inserting:

“Sec. 8. (Deleted by amendment.)”.

Amend the bill as a whole by adding a new section designated sec. 8.5, following sec. 8, to read as follows:

“Sec. 8.5. NRS 78.390 is hereby amended to read as follows:

78.390 1. Every amendment adopted pursuant to the provisions of NRS 78.385 must be made in the following manner:

(a) The board of directors must adopt a resolution setting forth the amendment proposed and declaring its advisability, and either call a special meeting of the stockholders entitled to vote on the amendment or direct that the proposed amendment be considered at the next annual meeting of the stockholders entitled to vote on the amendment.

(b) At the meeting, of which notice must be given to each stockholder entitled to vote pursuant to the provisions of this section, a vote of the stockholders entitled to vote in person or by proxy must be taken for and against the proposed amendment. If it appears upon the canvassing of the votes that stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, as provided in subsections 2 and 4, or as may be required by the provisions of the articles of incorporation, have voted in favor of the amendment, an officer of the corporation shall sign a certificate setting forth the amendment, or setting forth the articles of incorporation as amended, and the vote by which the amendment was adopted.

2. If any proposed amendment would adversely alter or change any preference or any relative or other right given to any class or series of outstanding shares, then the amendment must be approved by the vote, in addition to the affirmative vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series adversely affected by the amendment regardless of limitations or restrictions on the voting power thereof.

3. Provision may be made in the articles of incorporation requiring, in the case of any specified amendments, a larger proportion of the voting power of stockholders than that required by this section.

4. Different series of the same class of shares do not constitute different classes of shares for the purpose of voting by classes except when the series is adversely affected by an amendment in a different manner than other series of the same class.

5. The resolution of the stockholders approving the proposed amendment may provide that at any time before the effective date of the amendment, notwithstanding approval of the proposed amendment by the stockholders, the board of directors may, by resolution, abandon the proposed amendment without further action by the stockholders.

6. A certificate filed pursuant to subsection 1 becomes effective upon filing with the secretary of state or upon a later date specified in the certificate, which must not be later than 90 days after the certificate is filed.

7. If a certificate filed pursuant to subsection 1 specifies an effective date and if the resolution of the stockholders approving the proposed amendment provides that the board of directors may abandon the proposed amendment pursuant to subsection 5, the board of directors may terminate the effectiveness of the certificate by resolution and by filing a certificate of termination with the secretary of state that:

(a) Is filed before the effective date specified in the certificate filed pursuant to subsection 1;

(b) Identifies the certificate being terminated;

to terminate the effectiveness of the certificate;

(d) States that the effectiveness of the certificate has been terminated;

(e) Is signed by an officer of the corporation; and

(f) Is accompanied by a filing fee of [$75.] $150.”.

Amend sec. 10, page 6, line 46, by deleting “or agreement”.

Amend sec. 10, page 7, line 7, by deleting “under” and inserting “pursuant to”.

Amend sec. 11, page 7, after line 46, by inserting:

“4. The fee for filing a certificate of termination pursuant to NRS 78.1955, 78.209 or 78.380 is [$75.] $150.”.

Amend sec. 14, page 8, line 33, by deleting “[$15.] $30.” and inserting “[$20.] $40.”.

Amend sec. 14, page 8, line 44, by deleting “[78.770,] 92A.210” and inserting “92A.210,”.

Amend the bill as a whole by adding a new section designated sec. 19.5, following sec. 19, to read as follows:

“Sec. 19.5. NRS 86.226 is hereby amended to read as follows:

86.226 1. A signed certificate of amendment, or a certified copy of a judicial decree of amendment, must be filed with the secretary of state. A person who executes a certificate as an agent, officer or fiduciary of the limited-liability company need not exhibit evidence of his authority as a prerequisite to filing. Unless the secretary of state finds that a certificate does not conform to law, upon his receipt of all required filing fees he shall file the certificate.

2. A certificate of amendment or judicial decree of amendment is effective upon filing with the secretary of state or upon a later date specified in the certificate or judicial decree, which must not be more than 90 days after the certificate or judicial decree is filed.

3. If a certificate specifies an effective date and if the resolution of the members approving the proposed amendment provides that one or more managers or, if management is not vested in a manager, one or more members may abandon the proposed amendment, then those managers or members may terminate the effectiveness of the certificate by filing a certificate of termination with the secretary of state that:

(a) Is filed before the effective date specified in the certificate or judicial decree filed pursuant to subsection 1;

(b) Identifies the certificate being terminated;

(c) States that, pursuant to the resolution of the members, the manager of the company or, if management is not vested in a manager, a designated member is authorized to terminate the effectiveness of the certificate;

(d) States that the effectiveness of the certificate has been terminated;

(e) Is signed by a manager of the company or, if management is not vested in a manager, a designated member; and

(f) Is accompanied by a filing fee of [$75.] $150.”.

Amend sec. 23, page 12, line 27, by deleting “under” and inserting “pursuant to”.

Amend sec. 23, page 12, lines 33 and 34, by deleting:

“its charter has been revoked;” and inserting:

“it failed to file in a timely manner each required annual list;”.

Amend sec. 24, page 13, by deleting lines 5 and 6 and inserting:

“(b) Amending or restating the articles of organization, amending the registration of a foreign company or filing a certificate of correction, [$75;] $150;”.

Amend sec. 24, page 13, by deleting lines 15 and 16 and inserting:

“(h) Filing a certificate of cancellation, [$30;] $60;

(i) Executing, filing or certifying any other document, [$20;] $40; and

(j) Copies made at the office of the secretary of state, $1 per page.”.

Amend sec. 32, page 16, line 36, by deleting “[$15.] $30.” and inserting “[$20.] $40.”.

Amend sec. 33, page 17, between lines 35 and 36, by inserting:

“6. A filing made pursuant to this section does not satisfy the provisions of NRS 88.355 and may not be substituted for filings submitted pursuant to NRS 88.355.”.

Amend sec. 34, page 17, line 37, by deleting “corporation” and inserting “limited partnership”.

Amend sec. 40, page 20, line 32, by deleting “[$15.] $30.” and inserting “[$20.] $40.”.

Amend sec. 42, page 21, by deleting lines 14 through 40 and inserting:

“89.250 1. Except as otherwise provided in subsection 2,a professional association shall, on or before the first day of the second month after the filing of its articles of association with the secretary of state, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year, furnish a statement to the secretary of state showing the names and residence addresses of all members and employees in [such] the association and [shall certify] certifying that all members and employees are licensed to render professional service in this state.

2. A professional association organized and practicing pursuant to the provisions of this chapter and NRS 623.349 shall, on or before the first day of the second month after the filing of its articles of association with the secretary of state, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year, furnish a statement to the secretary of state:

(a) Showing the names and residence addresses of all members and employees of the association who are licensed or otherwise authorized by law to render professional service in this state;

(b) Certifying that all members and employees who render professional service are licensed or otherwise authorized by law to render professional service in this state; and

(c) Certifying that all members who are not licensed to render professional service in this state do not render professional service on behalf of the association except as authorized by law.

3. [The statement must:

(a) Be made] Each statement filed pursuant to this section must be:

(a) Made on a form prescribed by the secretary of state and must not contain any fiscal or other information except that expressly called for by this section.

(b) [Be signed] Signed by the chief executive officer of the association.

(c) Accompanied by a declaration under penalty of perjury that the professional association has complied with the provisions of chapter 364A of NRS.

4. Upon filing [the annual] :

(a) The initial statement required by this section, the association shall pay to the secretary of state a fee of $165.

(b) Each annual statement required by this section, the association shall pay to the secretary of state a fee of [$15.] $85.

5. As used in this section, “signed” means to have executed or adopted a name, word or mark, including, without limitation, a digital signature as defined in NRS 720.060, with the present intention to authenticate a document.”.

Amend sec. 46, page 23, by deleting lines 20 through 39 and inserting:

“92A.210 1. Except as otherwise provided in this section, the fee for filing articles of merger, articles of conversion, articles of exchange, articles of domestication or articles of termination is [$125.] $325. The fee for filing the constituent documents of a domestic resulting entity is the fee for filing the constituent documents determined by the chapter of NRS governing the particular domestic resulting entity.

2. The fee for filing articles of merger of two or more domestic corporations is the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized stock of the corporation created by the merger and the fee computed upon the aggregate amount of the total authorized stock of the constituent corporation.

3. The fee for filing articles of merger of one or more domestic corporations with one or more foreign corporations is the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized stock of the corporation created by the merger and the fee computed upon the aggregate amount of the total authorized stock of the constituent corporations which have paid the fees required by NRS 78.760 and 80.050.

4. The fee for filing articles of merger of two or more domestic or foreign corporations must not be less than [$125.] $325. The amount paid pursuant to subsection 3 must not exceed $25,000.”.

Amend the bill as a whole by deleting sections 54 and 55, renumbering sections 56 through 59 as sections 60 through 63 and adding new sections designated sections 54 to 59, following sec. 53, to read as follows:

“Sec. 54. Section 29 of Senate Bill No. 51 of this session is hereby amended to read as follows:

Sec. 29. NRS 78.390 is hereby amended to read as follows:

78.390 1. Every amendment adopted pursuant to the provisions of NRS 78.385 must be made in the following manner:

(a) Is filed before the effective date specified in the certificate filed pursuant to subsection 1;

(b) Identifies the certificate being terminated;

(c) States that, pursuant to the resolution of the stockholders, the board of directors is authorized to terminate the effectiveness of the certificate;

(d) States that the effectiveness of the certificate has been terminated;

(e) Is signed by an officer of the corporation; and

(f) Is accompanied by a filing fee of [$75.] $150.

Sec. 55. Section 55 of Senate Bill No. 51 of this session is hereby amended to read as follows:

Sec. 55. 1. A limited-liability company may correct a document filed by the secretary of state with respect to the limited-liability company if the document contains an inaccurate record of a company action described in the document or was defectively executed, attested, sealed, verified or acknowledged.

2. To correct a document, the limited-liability company must:

(a) Prepare a certificate of correction that:

(1) States the name of the limited-liability company;

(2) Describes the document, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect;

(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and

(5) Is signed by a manager of the company, or if management is not vested in a manager, by a member of the company.

(b) Deliver the certificate to the secretary of state for filing.

Sec. 56. Section 90 of Senate Bill No. 51 of this session is hereby amended to read as follows:

Sec. 90. Chapter 87 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A limited-liability partnership may correct a document filed by the secretary of state with respect to the limited-liability partnership if the document contains an inaccurate record of a partnership action described in the document or was defectively executed, attested, sealed, verified or acknowledged.

2. To correct a document, the limited-liability partnership must:

(a) Prepare a certificate of correction that:

(1) States the name of the limited-liability partnership;

(2) Describes the document, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect;

(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and

(5) Is signed by a managing partner of the limited-liability partnership.

(b) Deliver the certificate to the secretary of state for filing.

Sec. 57. Section 93 of Senate Bill No. 51 of this session is hereby amended to read as follows:

Sec. 93. 1. A limited partnership may correct a document filed by the secretary of state with respect to the limited partnership if the document contains an inaccurate record of a partnership action described in the document or was defectively executed, attested, sealed, verified or acknowledged.

2. To correct a document, the limited partnership must:

(a) Prepare a certificate of correction that:

(1) States the name of the limited partnership;

(2) Describes the document, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect;

(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and

(5) Is signed by a general partner of the limited partnership.

(b) Deliver the certificate to the secretary of state for filing.

Sec. 58. Section 102 of Senate Bill No. 51 of this session is hereby amended to read as follows:

Sec. 102. 1. A business trust may correct a document filed by the secretary of state with respect to the business trust if the document contains an inaccurate record of a trust action described in the document or was defectively executed, attested, sealed, verified or acknowledged.

2. To correct a document, the business trust must:

(a) Prepare a certificate of correction that:

(1) States the name of the business trust;

(2) Describes the document, including, without limitation, its filing date;

(3) Specifies the inaccuracy or defect;

(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and

(5) Is signed by a trustee of the business trust.

(b) Deliver the certificate to the secretary of state for filing.

Sec. 59. Senate Bill No. 51 is hereby amended by adding thereto a new section designated sec. 138, following sec. 137, to read as follows:

Sec. 138. This act becomes effective on August 1, 2001.”.

Amend sec. 56, page 27, by deleting lines 29 and 30 and inserting:

“Sec. 60. Sections 1, 2, 3, 9 and 47 of this act do not apply to a claim that arises before the effective date of this section.”.

Amend sec. 57, page 27, line 31, by deleting “59” and inserting “63”.

Amend sec. 59, page 28, by deleting lines 5 through 14 and inserting:

“Sec. 63. 1. This section and sections 1, 2, 3, 9, 47, 59, 60, 61 and 62 of this act become effective upon passage and approval.

2. Sections 5, 6, 12, 13 to 19, inclusive, 20, 21, 22, 25 to 31, inclusive, 35 to 39, inclusive, 41 to 45, inclusive, and 47 to 53, inclusive, of this act become effective:

(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

(b) On August 1, 2001, for all other purposes.

3. Sections 1.5, 4, 7, 8.5, 10, 11, 14, 19.5, 23, 24, 32, 33, 34, 40, 46 and 54 to 58, inclusive, of this act become effective:

(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

(b) At 12:01 a.m. on August 1, 2001, for all other purposes.”.

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

“AN ACT relating to business associations; revising the statutory liability of”.

Amend the summary of the bill to read as follows:

“SUMMARY¾Revises statutory liability of corporate stockholders, directors and officers and

increases fees for filing certain documents with secretary of state. (BDR 7‑1547)”.

Assemblywoman Buckley moved the adoption of the amendment.

Remarks by Assemblymen Buckley and Lee.

Amendment adopted.

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

Senate Bill No. 421.

Bill read second time.

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

Amendment No. 1189.

Amend section 1, page 1, line 2, by deleting “43,” and inserting “20,”.

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

Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 through 8 as sections 4 through 6.

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

Amend the bill as a whole by deleting sections 11 through 28, renumbering sections 29 through 35 as sections 9 through 15 and adding a new section designated sec. 8, following sec. 10, to read as follows:

“Sec. 8. In conducting any meetings, a rural agricultural residential common-interest community must comply with the provisions set forth in chapter 241 of NRS concerning open meetings which are generally applicable to public bodies.”.

Amend sec. 29, page 8, by deleting lines 13 and 14 and inserting:

“Sec. 9. An application for a certificate to act as a community manager must:”.

Amend sec. 29, page 8, line 16, by deleting “30” and inserting “10”.

Amend sec. 30, page 8, by deleting lines 18 and 19 and inserting:

“Sec. 10. 1. An applicant for a certificate to act as a community manager must”.

Amend sec. 30, page 8, line 26, by deleting “license or”.

Amend sec. 30, page 8, line 28, by deleting “license or”.

Amend sec. 31, page 8, by deleting lines 46 through 48 and inserting:

“permits issued to the holder of a certificate to act as a community manager, the division shall deem the certificate to be suspended at the end of”.

Amend sec. 31, page 9, line 1, by deleting “license or”.

Amend sec. 31, page 9, line 3, by deleting “license or”.

Amend sec. 31, page 9, line 5, by deleting:

“a license or”.

Amend sec. 31, page 9, line 8, by deleting “license or”.

Amend sec. 35, page 9, line 37, by deleting “A” and inserting:

“An officer or a”.

Amend sec. 35, page 9, line 47, after “to” by inserting:

“an officer or”.

Amend the bill as a whole by deleting sections 36 and 37 and renumbering sections 38 through 41 as sections 16 through 19.

Amend sec. 38, page 11, by deleting lines 28 through 31 and inserting:

“a common-interest community that has at least 2,000 units, some or all of the authority of the members of a master association may be exercised by delegates, including, without limitation, the voting rights of the members of the master association, if the declaration so provides.”.

Amend sec. 39, pages 11 and 12, by deleting lines 39 through 49 on page 11 and lines 1 through 9 on page 12 and inserting:

“constructing any common elements that will be added to the association’s common elements, the declarant is responsible for:

(a) Paying all expenses related to the common elements which are incurred before the conveyance of the common elements to the association; and

(b) Except as otherwise provided in NRS 116.31038, delivering to the association the declarant’s share of the amount specified in the study of reserves completed pursuant to subsection 2.

2. Before conveying the common elements to the association, the declarant shall deliver to the association a study of the reserves for the additional common elements which satisfies the requirements of NRS 116.31152.”.

Amend sec. 40, page 12, line 10, by deleting “In” and inserting:

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

Amend sec. 40, page 12, by deleting lines 14 through 32 and inserting:

“commercial use only if:

(a) The governing documents of the association and any master association do not prohibit such use; and

(b) Persons entitled to cast at least a majority of the votes in the association and any master association approve the transient commercial use of the unit.

2. A declarant who owns or, directly or indirectly, has an interest in, one or more units within a planned community under the governing documents of the association that are restricted to residential use by the declaration, may not use that unit or one of those units for a transient commercial use.

3. The association and any master association may establish requirements for such use pursuant to subsection 1, including the payment of additional fees that are related to any increase in services or other costs associated with the transient commercial use of the unit.”.

Amend sec. 40, page 12, line 33, by deleting “5.” and inserting “4.”.

Amend the bill as a whole by deleting sec. 42 and renumbering sections 43 through 63 as sections 20 through 40.

Amend sec. 44, page 13, line 31, by deleting “9,” and inserting “6,”.

Amend sec. 46, page 13, lines 37 and 38, by deleting “[real estate]” and inserting “real estate”.

Amend sec. 47, page 14, line 26, after “office” by inserting:

“or the division”.

Amend sec. 47, page 14, by deleting lines 44 and 45 and inserting:

“(8) Whether a study of the reserves of the association exists and, if so, the date on which it was completed.”.

Amend sec. 48, page 15, line 6, by deleting:

“the commission and”.

Amend sec. 49, page 16, by deleting lines 1 through 3 and inserting:

“(d) Prohibit a common-interest community created before [January 1, 1992,] October 1, 1999, from providing for a representative form of government.”.

Amend sec. 49, page 16, by deleting line 6 and inserting:

“5. For the purposes of this section, the administrator”.

Amend sec. 52, page 18, line 9, by deleting “38” and inserting “16”.

Amend sec. 55, page 20, line 22, by deleting “unit’s owner” and inserting “person”.

Amend sec. 55, page 20, line 38, by deleting “38” and inserting “16”.

Amend sec. 57, page 21, line 36, by deleting “the” and inserting “a”.

Amend sec. 58, page 22, by deleting lines 13 through 16 and inserting:

“(a) The [person alleged to have violated the rule has received notice of the alleged violation that informs him of his opportunity to request a hearing on the alleged violation.] association has given written notice by regular mail to the unit’s owner that:”.

Amend sec. 58, page 22, by deleting lines 24 and 25 and inserting:

“(c) At least 30 days before the alleged violation, the [person alleged to have violated the rule] unit’s owner was given written notice of the rule or any”.

Amend sec. 59, page 24, line 3, after “the board” by inserting:

“and units’ owners”.

Amend sec. 63, page 26, line 41, by deleting “[real estate]” and inserting:

“[real estate commission] division”.

Amend sec. 63, page 27, by deleting lines 10 through 12 and inserting “disciplinary hearings.”.

Amend sec. 63, page 27, by deleting line 38 and inserting:

“acts solely as an officer or member of the executive board.”.

Amend the bill as a whole by deleting sec. 64 and renumbering sections 65 through 69 as sections 41 through 45.

Amend sec. 65, page 30, line 8, by deleting “[administrator] commission” and inserting “administrator”.

Amend sec. 66, page 30, line 13, by deleting “or 82.193,” and inserting:

“ [or 82.193,] 82.193 or 86.263,”.

Amend sec. 66, page 30, line 14, by deleting “[administrator] commission” and inserting “administrator”.

Amend sec. 66, page 30, lines 17 and 18, by deleting “[administrator] commission” and inserting “administrator”.

Amend section 66, page 30, by deleting lines 25 through 28 and inserting:

“office of the ombudsman for owners in common-interest communities and not on a basis which includes any subsidy for the office. In no event may the fees required to be paid pursuant to this”.

Amend sec. 68, page 31, by deleting lines 6 through 10 and inserting:

“(b) [The] Not less than 30 days after mailing the notice of delinquent assessment pursuant to paragraph (a), the association or other person”.

Amend sec. 68, page 31, line 18, by deleting “[(c)] (d)” and inserting “(c)”.

Amend sec. 68, page 31, line 20, by deleting “[60] 90” and inserting “60”.

Amend sec. 68, page 31, line 25, by deleting “[60] 90” and inserting “60”.

Amend sec. 68, page 31, line 27, by deleting “or” and inserting “[or]”.

Amend sec. 68, page 31, by deleting line 31 and inserting:

“unit [.] ; or

(c) The association has provided written certification to the ombudsman for owners in common-interest communities that notices have been given in accordance with subsection 1.”.

Amend the bill as a whole by renumbering sections 70 and 71 as sections 48 and 49 and adding new sections designated sections 46 and 47, following sec. 69, to read as follows:

“Sec. 46. NRS 116.4108 is hereby amended to read as follows:

116.4108 1. A person required to deliver a public offering statement pursuant to subsection 3 of NRS 116.4102 shall provide a purchaser with a copy of the current public offering statement not later than the date [of any contract of sale.] on which an offer to purchase becomes binding on the purchaser. Unless the purchaser has personally inspected the unit, the purchaser may cancel, by written notice, the contract of purchase until midnight of the fifth calendar day following the date of execution of the contract, and the contract for purchase must contain a provision to that effect.

2. If a purchaser elects to cancel a contract pursuant to subsection 1, he may do so by hand delivering notice thereof to the offeror or by mailing notice thereof by prepaid United States mail to the offeror or to his agent for service of process. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly.

3. If a person required to deliver a public offering statement pursuant to subsection 3 of NRS 116.4102 fails to provide a purchaser to whom a unit is conveyed with a current public offering statement, the purchaser is entitled to actual damages, rescission or other relief, but if the purchaser has accepted a conveyance of the unit, he is not entitled to rescission.

Sec. 47. NRS 116.4109 is hereby amended to read as follows:

116.4109 1. Except in the case of a sale in which delivery of a public offering statement is required, or unless exempt under subsection 2 of NRS 116.4101, a unit’s owner shall furnish to a purchaser before [execution of any contract for sale of a unit, or otherwise before conveyance:] an offer to purchase a unit becomes binding on the purchaser:

(a) A copy of the declaration, other than any plats and plans, the bylaws, the rules or regulations of the association and, except for a time share governed by the provisions of chapter 119A of NRS, the information statement required by NRS 116.41095;

(b) A statement setting forth the amount of the monthly assessment for common expenses and any unpaid assessment of any kind currently due from the selling unit’s owner;

(d) A statement of any unsatisfied judgments or pending legal actions against the association and the status of any pending legal actions relating to the common-interest community of which the unit’s owner has actual knowledge.

2. The association, within 10 days after a request by a unit’s owner, shall furnish a certificate containing the information necessary to enable the unit’s owner to comply with this section. A unit’s owner providing a certificate pursuant to subsection 1 is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.

3. Neither a purchaser nor the purchaser’s interest in a unit is liable for any unpaid assessment or fee greater than the amount set forth in the certificate prepared by the association. If the association fails to furnish the certificate within the 10 days allowed by subsection 2, the seller is not liable for the delinquent assessment.”.

Amend sec. 70, page 34, line 23, by deleting “116.4103.” and inserting “116.4103 [.] and 116.4109.”.

Amend sec. 70, page 34, by deleting lines 47 and 48 and inserting:

“Estate Division, at (telephone number).”.

Amend sec. 71, page 35, by deleting lines 36 and 37 and inserting:

“accordance with the provisions of sections 22, 23, 24, 26 to 29, inclusive, 31 and 32 of Senate Bill No. 336 of this [act.] session. At any time during”.

Amend sec. 71, page 36, line 5, by deleting “NRS 38.135.” and inserting:

“section 29 of Senate Bill No. 336 of this [act.] session.”.

Amend sec. 71, page 36, line 10, by deleting “NRS 38.145.” and inserting:

“section 30 of Senate Bill No. 336 of this [act.] session.”.

Amend sec. 71, page 36, line 13, by deleting “NRS 38.145;” and inserting:

“section 30 of Senate Bill No. 336 of this [act;] session;”.

Amend the bill as a whole by renumbering sec. 72 as sec. 51 and adding a new section designated sec. 50, following sec. 71, to read as follows:

“Sec. 50. Section 14 of Assembly Bill No. 621 of this section is hereby amended to read as follows:

Sec. 14. Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:

The expiration or revocation of a certificate for the management of a common-interest community by operation of law or by order or decision of the real estate commission or a court of competent jurisdiction, or the voluntary surrender of such a certificate by the holder of the certificate does not:

1. Prohibit the division or real estate commission from initiating or continuing an investigation of, or action or disciplinary proceeding against, the holder of the certificate as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or

2. Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto against the holder of the certificate.”.

Amend sec. 72, page 36, line 27, by deleting:

“sections 28 and 63” and inserting “section 40”.

Amend sec. 72, page 36, line 28, by deleting:

“community managing agent or a”.

Amend sec. 72, page 36, line 29, by deleting “licensed or”.

Amend the bill as a whole by deleting sec. 73 and renumbering sec. 74 as sec. 52.

Amend the bill as a whole by deleting sec. 75 and renumbering sec. 76 as sec. 53.

Amend sec. 76, pages 36 and 37, by deleting lines 47 and 48 on page 36 and lines 1 through 3 on page 37 and inserting:

“1. Section 49 of this act becomes effective at 12:01 a.m. on October 1, 2001.

2. Sections 9, 10 and 11 of this act expire by limitation on the date on”.

Amend the title of the bill to read as follows:

“AN ACT relating to common-interest communities; requiring community managers to be certified by the real estate division of the department of business and industry; revising the amount of a fine that may be imposed for a continuing violation of the governing documents of an association; requiring the removal of a member of the executive board of an association to be conducted by secret ballot; revising the circumstances under which an association may foreclose on its lien for unpaid assessments; changing the time within which certain information must be provided to a prospective purchaser of a unit; and providing other matters properly relating thereto.”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

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

Assembly Bill No. 513.

Bill read second time.

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

Amendment No. 1193.

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

“Section 1. 1. There is hereby appropriated from the state general fund to the Department of Human Resources the sum of $800,000 for the development of four long-term strategic plans relating to the health care needs of the residents of Nevada to be allocated as follows:

(a) For a plan to ensure the availability and accessibility of a continuum of services that appropriately meets the basic needs of Nevada’s senior citizens and supports their ability to lead independent and active lives $100,000

(b) For a plan to ensure the availability and accessibility of a continuum of health care services in rural areas of Nevada $150,000

(1) Ensure the availability and accessibility of a continuum of services that appropriately meet the basic needs of persons with disabilities in Nevada, including, without limitation, autistic persons;

(2) Support the ability of persons with disabilities in Nevada to lead independent and active lives within their community in accordance;

(3) Continue the effort of the State of Nevada to provide community-based services which match the need of the client and provide choice between appropriate services; and

(4) Ensure that persons with disabilities in Nevada receive the services that they are entitled to receive pursuant to state and federal statutes and case law $150,000

(d) For a plan:

(1) To develop and implement a sound methodology for the establishment and periodic adjustment of rates paid by the State of Nevada for contracted health and human services which accurately reflect the required costs of providing those services; and

(2) Where applicable, to establish reimbursement rates at appropriate, consistent and competitive levels that will attract a sufficient number of providers so as to ensure the effective delivery of an appropriate range of service options for Nevada’s health and human services $400,000

2. In developing each of the long-term strategic plans authorized pursuant to subsection 1, the Department shall:

(a) Contract with one or more persons who have knowledge about and experience in facilitating group discussions which include divergent points of view and perspectives to achieve consensus and mutual satisfaction in an effective planning process;

(b) Conduct public hearings in a broad range of settings and locations in this state to ensure that it receives information from all interested persons, including, without limitation, senior citizens, rural Nevadans, persons with disabilities, their representatives, governmental representatives and representatives of persons who provide institutional and community-based services to persons with disabilities; and

(c) Cause the development of each such long-term plan only after the testimony and information presented by the public has been fully considered throughout the process.

3. Any remaining balance of the appropriation made by subsection 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

Sec. 2. This act becomes effective upon passage and approval.”.

Amend the title of the bill, second line, by deleting:

“a long-term strategic plan” and inserting:

“four long-term strategic plans”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

general file and third reading

Assembly Bill No. 174.

Bill read third time.

Roll call on Assembly Bill No. 174:

Yeas—38.

Nays—Buckley, Koivisto, Parnell, Smith—4.

Assembly Bill No. 174 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 515.

Bill read third time.

Remarks by Assemblyman Goldwater.

Roll call on Assembly Bill No. 515:

Yeas—42.

Nays—None.

Assembly Bill No. 515 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 570.

Bill read third time.

Roll call on Senate Bill No. 570:

Yeas—42.

Nays—None.

Senate Bill No. 570 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 319.

Bill read third time.

Remarks by Assemblywoman Von Tobel.

Conflict of interest declared by Assemblywoman Von Tobel.

Roll call on Senate Bill No. 319:

Yeas—40.

Nays—Humke.

Not Voting—Von Tobel.

Senate Bill No. 319 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Assembly Joint Resolution No. 14.

Bill read second time.

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

Amendment No. 1185.

Amend the resolution, page 1, by deleting lines 2 through 13 and inserting:

“JOINTLY, That a new section be added to article 4, and sections 25, 32 and 33 of article 4 of the Constitution of the State of Nevada be amended to read respectively as follows:

Sec. 33A. 1. The legislature shall provide by law for a citizens’ commission on salaries for certain elected officers.

2. The commission must consist of seven members who have diverse personal and professional interests and reside in various geographical areas of this state of which:

(a) Five members are appointed jointly by the speaker of the assembly and the majority leader of the senate; and

(b) Two members are appointed by the governor.

3. Each member of the commission must be a resident of this state and must not be a state officer, public employee or lobbyist, or a parent, spouse, sibling, child or dependent relative of a state officer, public employee or lobbyist.

4. Except as otherwise provided in this section, the term of office of each member of the commission is 4 years. The speaker of the assembly and the majority leader of the senate shall jointly appoint two of the members first appointed for an initial term of 2 years. The governor shall appoint one of the members first appointed for an initial term of 2 years. If a vacancy occurs, the appointing authority shall fill the vacancy for the unexpired term in the same manner as the original appointment, within 30 days after the vacancy occurs. A member of the commission may not serve more than two terms.

5. An appointing authority may remove a member of the commission only for cause of incapacity, incompetence, neglect of duty, malfeasance in office or failure to meet a qualification set forth in subsection 3.

6. The commission shall elect a chairman from among its members. Except as otherwise provided in this section, the commission shall adopt rules of procedure for the conduct of its hearings and any other procedural rules it deems necessary to carry out its duties. The affirmative vote of a majority of all the members appointed to the commission is required to take action.

7. Members of the commission are entitled to:

(a) The compensation provided by law for members of the commission on judicial discipline who are not judicial officers; and

(b) The per diem allowance and travel expenses provided by law for state officers and employees generally.

8. The commission shall:

(a) Study the relationship of salaries to the duties of the members of the legislature, the governor, lieutenant governor, secretary of state, state treasurer, state controller, attorney general, justices of the supreme court and judges of the district courts;

(b) Compare the salaries of the elected officers set forth in paragraph (a) to the salaries of persons who are employed by a public or private employer and who have similar qualifications as those elected officers;

(d) Carry out any duties provided by the legislature.

9. The commission may increase, but not diminish, the salary of an elected officer set forth in paragraph (a) of subsection 8 during his term of office. The commission may exercise any powers conferred by the legislature.

10. The commission shall file its initial schedule of salaries for the elected officers with the secretary of state not later than January 1, 2005, and shall file a schedule of salaries not later than January 1 of each odd-numbered year thereafter. Each schedule of salaries is effective for the period from the July 1 immediately following the January 1 that the schedule is due through the June 30 of the next odd-numbered year. The legislature shall provide by law for setting apart from each year’s revenues a sufficient amount of money to pay such salaries.

11. Before the commission may file a schedule of salaries with the secretary of state, the commission shall hold at least four meetings to receive public testimony on the schedule. At the last public hearing before the schedule is filed with the secretary of state, the commission shall adopt the schedule as originally proposed or as amended. All meetings of the commission are subject to the provisions of any open meeting laws made applicable generally to other public bodies.

12. The legislative counsel bureau shall include in the Nevada Revised Statutes a copy of the most recent schedule of salaries established by the commission and filed with the secretary of state.

Sec. 25. The Legislature shall establish a system of County and Township Government . [which shall be uniform throughout the State.]

Sec. 32. The Legislature shall have power to increase, diminish, consolidate or abolish the following county officers: County Clerks, County Recorders, Auditors, Sheriffs, District Attorneys and Public Administrators. The Legislature shall provide for their election by the people [,] or their appointment and fix by law their duties . [and compensation.] The Board of County Commissioners of each county shall determine the compensation of those county officers in its respective county. County Clerks shall be ex-officio Clerks of the Courts of Record and of the Boards of County Commissioners in and for their respective counties.

[Sec.:] Sec. 33. The members of the Legislature shall receive for their services, a compensation to be fixed by [law] the citizens’ commission on salaries for certain elected officers pursuant to section 33A of this article and paid out of the public treasury, for [not to exceed 60 days] each calendar day of service during any regular session of the legislature and [not to exceed 20 days] during any special session convened by the governor . [; but no increase of such compensation shall take effect during the term for which the members of either house shall have been elected Provided, that an] An appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery not exceeding the sum of Sixty dollars for any general or special session to each member; and Furthermore Provided, that the Speaker of the Assembly, and Lieutenant Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers receive an additional allowance of two dollars per diem.

And be it further

Resolved, That section 15 of article 6 of the Constitution of the State of Nevada be amended to read as follows:

Sec. 15. The Justices of the Supreme Court and District Judges shall each receive for their services a compensation to be fixed by [law] the citizens’ commission on salaries for certain elected officers pursuant to section 33A of article 4 and paid in the manner provided by [law, which shall not be increased or diminished during the term for which they shall have been elected, unless] that commission. If a Vacancy occurs, [in which case] the successor of the former incumbent shall receive [only such salary as may be] the salary provided for that office by [law] the citizens’ commission on salaries for certain elected officers at the time of his election or appointment . [; and provision shall be made by law for setting apart from each year’s revenue a sufficient amount of Money, to pay such compensation.]

And be it further

Resolved, That section 9 of article 15 of the Constitution of the State of Nevada be repealed.

TEXT OF REPEALED SECTION

Sec. 9. Increase or decrease of compensation of officers whose compensation fixed by constitution. The Legislature may, at any time, provide by law for increasing or diminishing the salaries or compensation of any of the Officers, whose salaries or compensation is fixed in this Constitution; Provided, no such change of Salary or compensation shall apply to any Officer during the term for which he may have been elected.”.

Amend the title of the resolution to read as follows:

“ASSEMBLY JOINT RESOLUTION¾Proposing to amend the Constitution of the State of Nevada to provide a citizens’ commission to establish the salaries of certain elected officers, to remove the requirement that the system for county and township government be uniform, to remove the requirement that the Legislature fix the compensation of certain county officers, to authorize the Legislature to provide for the appointment of certain county officers and to authorize each board of county commissioners to determine the salaries of certain county officers in its respective county.”.

Amend the summary of the resolution to read as follows:

“SUMMARY¾Proposes to amend Nevada Constitution to revise certain provisions relating to system of county and township government and compensation of certain elected officers. (BDR C‑1526)”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblymen Giunchigliani, Brown and Carpenter.

Amendment adopted.

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

Senate Bill No. 367.

Bill read third time.

Roll call on Senate Bill No. 367:

Yeas—42.

Nays—None.

Senate Bill No. 367 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 428.

Bill read third time.

Roll call on Senate Bill No. 428:

Yeas—42.

Nays—None.

Senate Bill No. 428 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 444.

Bill read third time.

Roll call on Senate Bill No. 444:

Yeas—42.

Nays—None.

Senate Bill No. 444 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 464.

Bill read third time.

Roll call on Senate Bill No. 464:

Yeas—42.

Nays—None.

Senate Bill No. 464 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 477.

Bill read third time.

Roll call on Senate Bill No. 477:

Yeas—42.

Nays—None.

Senate Bill No. 477 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 481.

Bill read third time.

Roll call on Senate Bill No. 481:

Yeas—42.

Nays—None.

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

Bill ordered transmitted to the Senate.

Senate Bill No. 494.

Bill read third time.

Roll call on Senate Bill No. 494:

Yeas—42.

Nays—None.

Senate Bill No. 494 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 505.

Bill read third time.

Roll call on Senate Bill No. 505:

Yeas—42.

Nays—None.

Senate Bill No. 505 having received a two-thirds majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 573.

Bill read third time.

Roll call on Senate Bill No. 573:

Yeas—35.

Nays—Bache, Chowning, Collins, Freeman, Giunchigliani, Parnell, Smith—7.

Senate Bill No. 573 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 2, 2001

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 209, 505, 510, 519, 588, 658.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 123, Amendment No. 1175; Assembly Bill No. 250, Amendment No. 1179; Assembly Bill No. 504, Amendment No. 1181; Assembly Bill No. 520, Amendment No. 1176; Assembly Bill No. 522, Amendment No. 1177; Assembly Bill No. 666, Amendment Nos. 1171, 1188, 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 the report of the first Conference Committee concerning Assembly Bill No. 60.

Also, I have the honor to inform your honorable body that the Senate on this day receded from its action on Assembly Bill No. 326.

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. 1063 to Senate Bill No. 261; Assembly Amendment No. 798 to Senate Bill No. 556.

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. 447, Senate Amendment No. 928, and requests a conference, and appointed Senators Rhoads, Amodei and Schneider 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 adopted Assembly Concurrent Resolution No. 41.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Connell, Amodei and Carlton as a first Conference Committee concerning Senate Bill No. 99.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Townsend, Amodei and Schneider as a first Conference Committee concerning Senate Bill No. 216.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Rhoads, Amodei and Carlton as a first Conference Committee concerning Senate Bill No. 362.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Washington, Amodei and Wiener as a first Conference Committee concerning Senate Bill No. 399.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O'Donnell, Jacobsen and Care as a first Conference Committee concerning Senate Bill No. 524.

Mary Jo Mongelli

Assistant Secretary of the Senate

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

The first Conference Committee concerning Assembly Bill No. 48, consisting of the undersigned members, has met, and reports that:

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

Mark Amodei	Chris Giunchigliani
Raymond C. Shaffer	David R. Parks
Dean A. Rhoads	Bob Beers
Senate Conference Committee	Assembly Conference Committee

Assemblyman Parks moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 48.

Remarks by Assemblyman Parks.

Motion carried.

Mr. Speaker:

The first Conference Committee concerning Assembly Bill No. 620, consisting of the undersigned members, has met, and reports that:

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

Raymond C. Shaffer	David E. Goldwater
Dean A. Rhoads	Joseph E. Dini, Jr.
Maggie Carlton	David E. Humke
Senate Conference Committee	Assembly Conference Committee

Assemblyman Goldwater moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 620.

Remarks by Assemblyman Goldwater.

Motion carried.

Assemblywoman Buckley moved that the Assembly recess until 2:30 p.m.

Motion carried.

Assembly in recess at 1:32 p.m.

ASSEMBLY IN SESSION

At 3:59 p.m.

Mr. Speaker presiding.

Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 670, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Joseph E. Dini, Jr., Chairman

Mr. Speaker:

Your Concurrent Committee on Elections, Procedures, and Ethics, to which was referred Senate Bill No. 56, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Chris Giunchigliani, Chairman

Mr. Speaker:

Your Committee on Taxation, to which was referred Assembly Joint Resolution No. 8, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David E. Goldwater, Chairman

UNFINISHED BUSINESS

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Leslie, Carpenter and Anderson as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 370.

Mr. Speaker appointed Assemblywomen Buckley, Gibbons and Leslie as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 447.

Mr. Speaker appointed Assemblymen Anderson, Leslie and Nolan as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 466.

Consideration of Senate Amendments

Assembly Bill No. 666.

The following Senate amendment was read:

Amendment No. 1171.

Amend the bill as a whole by deleting section 1 and inserting:

“Section 1. (Deleted by amendment.)”.

Amend the bill as a whole by adding a new section designated sec. 43.5, following sec. 43, to read as follows:

“Sec. 43.5. Assembly Bill No. 574 of this session is hereby amended by adding thereto a new section to read as follows:

Sec. 4. 1. This section and section 3 of this act become effective upon passage and approval.

2. Sections 1 and 2 of this act become effective on October 1, 2001.”.

Amend the bill as a whole by adding a new section designated sec. 49.5, following sec. 49, to read as follows:

“Sec. 49.5. Section 11 of Senate Bill No. 424 of this session is hereby amended to read as follows:

Sec. 11. NRS 444.635 is hereby amended to read as follows:

444.635 1. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person convicted of violating NRS 444.555 and, in addition to the penalty imposed [in] pursuant to NRS 444.583 or 444.630, any person convicted of violating NRS 444.583 or 444.630 is liable for a civil penalty[,] upon each such conviction.

2. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a court before whom a defendant is convicted of a violation of the provisions of NRS 444.555, 444.583 or 444.630, shall order the defendant [to pay a civil penalty which is at least $250 but not more than $2,000.]:

(a) For a first offense, to pay a civil penalty which is at least $500 but not more than $5,000.

(b) For a second offense, to pay a civil penalty which is at least $1,000 but not more than $5,500.

(d) For any subsequent offense, to pay a civil penalty which is at least $500 more than the most recent previous civil penalty that the defendant was ordered to pay pursuant to this subsection.

3. If so provided by the court, [the] a penalty imposed pursuant to this section may be paid in installments.

[3. The health authority or division of environmental protection of the state department of conservation and natural resources]

4. The solid waste management authority may attempt to collect all such penalties and installments which are in default in any manner provided by law for the enforcement of a judgment.

[4.] 5. Each court which receives money [under] pursuant to the provisions of this section shall forthwith remit the money to the division of environmental protection of the state department of conservation and natural resources or, if the health authority initiated the action, the district health department which shall deposit the money with the state treasurer for credit in a separate account in the state general fund or with the county treasurer for deposit in an account for the district health department, as the case may be. Money so deposited must be [used] :

(a) Used only to pay [rewards] :

(1) Rewards pursuant to NRS 444.640 [or for] ;

(2) For education regarding the unlawful disposal of solid waste;

(3) For the cleaning up of dump sites; and

(4) For the management of solid waste ; and [paid]

(b) Paid as other claims against the state or local governments are paid.”.

Assemblyman Anderson moved that the Assembly concur in the Senate Amendment No. 1171 to Assembly Bill No. 666.

Remarks by Assemblyman Anderson.

Motion carried by a constitutional majority.

The following Senate amendment was read:

Amendment No. 1188.

Amend the bill as a whole by adding a new section designated sec. 43.3, following sec. 43, to read as follows:

“Sec. 43.3. Section 7 of Assembly Bill No. 444 of this session is hereby amended to read as follows:

Sec. 7. NRS 645.633 is hereby amended to read as follows:

645.633 1. The commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:

[1.] (a) Willfully using any trade name, service mark or insigne of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.

[2.] (b) Violating any order of the commission, any agreement with the division, any of the provisions of this chapter, chapter 116, 119, 119A, 119B, 645A or 645C of NRS or any regulation adopted thereunder.

[3.] (c) Paying a commission, compensation or a finder’s fee to any person for performing the services of a broker, broker-salesman or salesman who has not secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.

[4.] (d) A felony, or has entered a plea of guilty, guilty but mentally ill or nolo contendere to a charge of felony or any crime involving fraud, deceit, misrepresentation or moral turpitude.

[5.] (e) Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.

[6.] (f) Failure to include a fixed date of expiration in any written brokerage agreement or to leave a copy of the brokerage agreement with the client.

[7.] (g) Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a client.

[8.] (h) Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter, chapter 119, 119A or 119B of NRS.

[9.] (i) Any other conduct which constitutes deceitful, fraudulent or dishonest dealing.

[10.] (j) Any conduct which took place before he became licensed, which was in fact unknown to the division and which would have been grounds for denial of a license had the division been aware of the conduct.

[11.] (k) Knowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesman or salesman, with or on behalf of the licensee.

[12.] (l) Recording or causing to be recorded a claim pursuant to the provisions of NRS 645.8701 to 645.8811, inclusive, that is determined by a district court to be frivolous and made without reasonable cause pursuant to NRS 645.8791.

2. [Action may also be taken] The commission may take action pursuant to NRS 645.630 against a person who is subject to that section for the suspension or revocation of a real estate broker’s, broker-salesman’s or salesman’s license issued to him by any other jurisdiction.

3. The commission may take action pursuant to NRS 645.630 against any person who:

(a) Holds a permit to engage in property management issued pursuant to NRS 645.6052; and

(b) In connection with any property for which the person has obtained a written brokerage agreement to manage the property pursuant to NRS 645.6056:

(1) Is convicted of violating any of the provisions of NRS 202.470;

(2) Has been notified in writing by the appropriate governmental agency of a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to inform the owner of the property of such notification; or

(3) Has been directed in writing by the owner of the property to correct a potential violation of NRS 244.360, 244.3603 or 268.4124, and has failed to correct the potential violation, if such corrective action is within the scope of the person’s duties pursuant to the written brokerage agreement.

4. The division shall maintain a log of any complaints that it receives relating to activities for which the commission may take action against a person holding a permit to engage in property management pursuant to subsection 3.

5. On or before February 1 of each odd-numbered year, the division shall submit to the director of the legislative counsel bureau a written report setting forth, for the previous biennium:

(a) Any complaints included in the log maintained by the division pursuant to subsection 4; and

(b) Any disciplinary actions taken by the commission pursuant to subsection 3.”.

Assemblyman Anderson moved that the Assembly concur in the Senate Amendment No. 1188 to Assembly Bill No. 666.

Remarks by Assemblyman Anderson.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 250.

The following Senate amendment was read:

Amendment No. 1179.

Amend sec. 6, page 2, line 11, by deleting “disorders.” and inserting:

“disorders, or has been referred for such a hearing screening.”.

Amend the bill as a whole by deleting sec. 12 and inserting:

“Sec. 12. (Deleted by amendment.)”.

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

“AN ACT relating to health care; requiring hearing screenings for newborn children or referrals for such screenings; providing exceptions;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires screening of newborn children for hearing impairments under certain circumstances. (BDR 40-155)”.

Assemblywoman Koivisto moved that the Assembly concur in the Senate amendment to Assembly Bill No. 250.

Remarks by Assemblywoman Koivisto.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Recede From Assembly Amendments

Assemblyman Anderson moved that the Assembly recede from its action on Senate Bill No. 261.

Remarks by Assemblyman Anderson.

Motion carried.

general file and third reading

Assembly Bill No. 670.

Bill read third time.

Remarks by Assemblywoman Giunchigliani.

Roll call on Assembly Bill No. 670:

Yeas—41.

Nays—Beers.

Assembly Bill No. 670 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

SECOND READING AND AMENDMENT

Assembly Joint Resolution No. 8.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 1138.

Amend section 1, page 2, after line 32, by inserting:

“10. The legislature may provide by law for an abatement of the tax upon or an exemption of part of the assessed value of undeveloped land or a single-family residence occupied by the owner, or both, to the extent necessary to avoid severe economic hardship to the owner of the land or residence.”.

Amend the title of the resolution, fourth line, by deleting:

“purposes.” and inserting:

“purposes and to provide for an abatement of the tax upon or an exemption of part of the assessed value of undeveloped land or a single-family residence under certain circumstances.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Proposes to amend Nevada Constitution to provide for separate taxation of certain property regulated by interstate compact and to provide for abatement of tax upon or exemption of part of assessed value of undeveloped land or single-family residence under certain circumstances. (BDR C‑785)”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 56.

Bill read second time.

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

Amendment No. 1186.

Amend section 1, page 1, line 2, by deleting “7,” and inserting “5,”.

Amend sec. 2, page 1, line 3, by deleting “7,” and inserting “5,”.

Amend sec. 2, page 1, line 4, after “legislative” by inserting “oversight”.

Amend sec. 3, page 1, line 6, after “legislative” by inserting “oversight”.

Amend sec. 3, page 1, line 8, by deleting “Four” and inserting “Two”.

Amend sec. 3, page 1, line 9, by deleting “two” and inserting “one”.

Amend sec. 3, page 1, line 12, by deleting “Four” and inserting “Two”.

Amend sec. 3, page 1, line 13, by deleting “two” and inserting “one”.

Amend sec. 4, page 2, line 11, by deleting “Five” and inserting “Three”.

Amend sec. 5, page 2, line 27, by deleting “Monitor” and inserting:

“Receive from the department of transportation reports concerning”.

Amend sec. 5, page 2, by deleting lines 35 and 36.

Amend sec. 5, page 2, line 37, by deleting “5. Direct” and inserting “4. Request”.

Amend sec. 5, page 2, line 39, by deleting “6.” and inserting “5.”.

Amend sec. 5, page 2, line 41, after “legislation.” by inserting:

“The committee shall not request the preparation of more than five legislative measures pursuant to this subsection for a regular legislative session.”.

Amend the bill as a whole by deleting sections 6 and 7 and renumbering sections 8 through 10 as sections 6 through 8.

Amend sec. 8, page 4, line 8, after “legislative” by inserting “oversight”.

Amend sec. 8, page 4, line 20, after “legislative” by inserting “oversight”.

Amend sec. 9, page 4, line 43, after “legislative” by inserting “oversight”.

Amend sec. 9, page 5, line 1, after “legislative” by inserting “oversight”.

Amend sec. 10, page 5, line 12, by deleting “2001.” and inserting:

“2001, and expires by limitation on July 1, 2005.”.

Amend the title of the bill, first line, after “legislative” by inserting “oversight”.

Amend the summary of the bill to read as follows:

“SUMMARY—Creates legislative oversight committee on transportation. (BDR 17-68)”.

Amend the bill as a whole by adding the following senators as primary joint sponsors: Senators Amodei and Carlton.

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 Anderson, Bache and Beers as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 483.

Reports of Conference Committees

Mr. Speaker:

The first Conference Committee concerning Assembly Bill No. 660, consisting of the undersigned members, has met, and reports that:

It has agreed to recommend 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. CA2, which is attached to and hereby made a part of this report.

Valerie Wiener	Bonnie L. Parnell
Mark Amodei	Kathy A. Von Tobel
Maurice E. Washington	Douglas A. Bache
Senate Conference Committee	Assembly Conference Committee

Conference Amendment No. CA2.

Amend section 1, page 2, by deleting lines 12 through 19 and inserting:

“5. A board of trustees of a school district may ask the superintendent of public instruction to require a person licensed by the superintendent of public instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district to submit a set of his fingerprints as a condition of return to or continued employment with the school district if the board of trustees has probable cause to believe that the person has committed a felony or an offense involving moral turpitude during the period of his leave of absence.”.

Assemblywoman Parnell moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 660.

Remarks by Assemblywoman Parnell.

Motion carried.

Assemblywoman Buckley moved that the Assembly recess until 6:00 p.m.

Motion carried.

Assembly in recess at 4:12 p.m.

ASSEMBLY IN SESSION

At 6:35 p.m.

Mr. Speaker presiding.

Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Transportation, to which was referred Senate Bill No. 576, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne S. Chowning, Chairman

Mr. Speaker:

Your Committee on Ways and Means, to which were referred Senate Bills Nos. 491, 496, 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, June 2, 2001

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day appointed Senators James, McGinness and Wiener as a first Conference Committee concerning Assembly Bill No. 466.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Anderson moved to rescind the action concurring in Senate Amendments No. 1171 to Assembly Bill No. 666.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 491.

Bill read second time.

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

Amendment No. 1190.

Amend section 1, page 1, line 2, by deleting “$$250,000” and inserting “$200,000”.

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. 1. There is hereby appropriated from the state general fund to Washoe Association for Retarded Citizens the sum of $50,000 for creation of a pilot program to develop supportive employment and reimbursement models to assist clients in their efforts to find and maintain meaningful, productive employment.

2. Upon acceptance of the money appropriated by subsection 1, the Washoe Association for Retarded Citizens agrees to:

(a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Washoe Association for Retarded Citizens through December 1, 2002; and

(b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.”.

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

“Sec. 3. Any remaining balance of the appropriations made by sections 1 and 2”.

Amend the title of the bill to read as follows:

“AN ACT making appropriations to the Opportunity Village Foundation for the revitalization of certain thrift stores and to the Washoe Association for Retarded Citizens for creation of a pilot program to develop an employment model and reimbursement model; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriations to Opportunity Village Foundation and to Washoe Association for Retarded Citizens. (BDR S‑1354)”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

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

Senate Bill No. 496.

Bill read second time.

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

Amendment No. 1212.

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

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

“buildings for student housing and dining at the Great Basin College; and providing other”.

Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes issuance of revenue bonds to finance certain buildings at Great Basin College. (BDR S‑1226)”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

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

Senate Bill No. 576.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 1199.

Amend sec. 4, page 2, line 10, by deleting:

“limousine or livery” and inserting:

“limousine, livery limousine or super-stretch”.

Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:

“Sec. 5.5. “Super-stretch limousine” means a motor vehicle that:

1. Has a capacity of 16 or more persons but not more than 30 persons, including the driver;

2. Is engaged in the general transportation of persons for compensation and not operated on a regular schedule or over regular routes;

3. Has a chassis that has been modified from its original design to carry 16 or more persons but not more than 30 persons, including the driver; and

4. Is not a bus.”.

Amend sec. 8, page 2, line 43, after “permit;” by inserting “and”.

Amend sec. 8, page 2, by deleting lines 44 and 45.

Amend sec. 8, page 2, line 46, by deleting “(3)” and inserting “(2)”.

Amend sec. 8, page 3, by deleting lines 13 through 17 and inserting:

“driver’s permit to an applicant who has been convicted of an offense involving moral turpitude.”.

Amend the bill as a whole by deleting sec. 14 and adding a new section designated sec. 14, following sec. 13, to read as follows:

“Sec. 14. The authority shall adopt regulations governing the conduct of the drivers of a fully regulated carrier of passengers to ensure the safety and comfort of the general public.”.

Amend the bill as a whole by deleting sec. 15 and inserting:

“Sec. 15. (Deleted by amendment.)”.

Amend sec. 17, page 6, line 25, after “act,” by inserting:

“or any regulation adopted pursuant thereto,”.

Amend sec. 19, page 7, line 35, by deleting “limousine” and inserting:

“limousine, super-stretch limousine”.

Amend sec. 21, page 8, line 7, by deleting:

“limousines or livery” and inserting:

“limousines, livery limousines or super-stretch”.

Amend sec. 21, page 8, line 11, by deleting:

“limousines and livery” and inserting:

“limousines, livery limousines and super-stretch”.

Amend sec. 22, page 8, lines 14, 15 and 30, by deleting:

“limousines and livery” and inserting:

“limousines, livery limousines and super-stretch”.

Amend sec. 22, page 8, line 38, by deleting:

“limousines or livery” and inserting:

“limousines, livery limousines or super-stretch”.

Amend sec. 22, page 9, lines 2 and 5, by deleting:

“limousines and livery” and inserting:

“limousines, livery limousines and super-stretch”.

Amend sec. 22, page 9, line 7, after “allocated.” by inserting:

“The regulations must reserve an allocation of such vehicles for additional fully regulated carriers of passengers that may subsequently apply for an allocation.”.

Amend sec. 23, page 9, line 9, by deleting:

“limousines and livery” and inserting:

“limousines, livery limousines and super-stretch”.

Amend sec. 24, page 9, line 33, by deleting “of” and inserting:

“of, and does not charge compensation for,”.

Amend sec. 24, page 9, line 37, by deleting “may” and inserting “shall”.

Amend the bill as a whole by deleting sec. 26 and inserting:

“Sec. 26. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 32 and inserting:

“Sec. 32. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 34 and inserting:

“Sec. 34. (Deleted by amendment.)”.

Amend sec. 37, page 16, line 47, by deleting “gross”.

Amend sec. 37, page 17, by deleting lines 1 through 6 and inserting:

“(a) For the first offense, by a fine of not less than $500 nor more than $1,000;

(b) For a second offense within 12 consecutive months and each subsequent offense, by a fine of $1,000; or

(c) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.”.

Amend sec. 38, page 17, line 28, by deleting:

“limousines and livery” and inserting:

“limousines, livery limousines and super-stretch”.

Amend sec. 38, page 17, line 29, after “carriers.” by inserting:

“The regulations must not become effective before July 1, 2002.”.

Amend sec. 38, page 17, by deleting lines 30 through 36.

Amend sec. 38, page 17, line 37, by deleting “3.” and inserting “2.”.

Amend sec. 38, page 17, after “(c)” by inserting:

““Super-stretch limousine” has the meaning ascribed to it in section 5.5 of this act.

(d)”.

Amend sec. 38, page 17, line 44, by deleting “(d)” and inserting “(e)”.

Amend the title of the bill to read as follows:

“AN ACT relating to transportation; imposing an annual fee upon certain fully regulated carriers; making various changes governing fully regulated carriers of passengers; requiring the drivers of fully regulated carriers of passengers to obtain drivers’ permits; imposing a fee for the issuance and renewal of such a permit; providing for the establishment of standards of conduct for such drivers; providing for the impoundment of certain vehicles by the transportation services authority; requiring certain actions with regard to defects and unsafe conditions in vehicles; exempting certain holders of unrestricted gaming licenses that operate motor vehicles from the provisions governing fully regulated carriers; authorizing the transportation services authority to impose a fee for the issuance of identification decals to such exempted holders of unrestricted gaming licenses; requiring the transportation services authority to establish a system of allocation for limousines; providing that certain acts of drivers of fully regulated carriers of passengers are unlawful; providing penalties; and providing other matters properly relating thereto.”.

Assemblywoman Chowning moved the adoption of the amendment.

Remarks by Assemblywoman Chowning.

Amendment adopted.

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

REPORTS OF COMMITTEES

Mr. Speaker:

Your Concurrent Committee on Ways and Means, to which was referred Senate Bill No. 137, 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. 137.

Bill read second time.

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

Amendment No. 1215.

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

“Sec. 2. NRS 3.018 is hereby amended to read as follows:

3.018 For the eighth judicial district there must be [30] 33 district judges, [11] 12 of whom must be judges of the family court.”.

Amend sec. 2, page 1, line 5, after “act” by inserting:

“and the additional district judges required for the eighth judicial district pursuant to section 2 of this act”.

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

“The terms of these judges expire on January 5, 2009.”.

Amend sec. 3, page 1, between lines 10 and 11, by inserting:

“2. There is hereby appropriated from the state general fund to the district judges’ salary account the sum of $244,764 for the salaries of the additional district judges required pursuant to section 2 of this act.”.

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

“3. Any remaining balance of the appropriations made by subsections 1 and 2”.

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

“1. This section and sections 3 and 5 of this act become”.

Amend sec. 5, page 2, line 3, by deleting “Section 3” and inserting “Section 4”.

Amend sec. 5, page 2, by deleting line 4 and inserting:

“3. Sections 1 and 2 of this act become effective at 12:01 a.m. on January 6,”.

Amend the title of the bill to read as follows:

“AN ACT relating to courts; increasing the number of district judges in the second and eighth judicial districts; increasing the number of district judges in the second and eighth judicial districts who must be judges of the family court; making appropriations; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Increases number of district judges in second and eighth judicial districts. (BDR 1‑521)”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblymen Arberry.

Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that Assembly Bill No. 343 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblywoman Buckley.

Motion carried.

general file and third reading

Assembly Bill No. 343.

Bill read third time.

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

Amendment No. 1211.

Amend the bill as a whole by deleting sections 35 through 41 and adding new sections designated sections 35 through 41, following sec. 34, to read as follows:

“Sec. 35. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 36 to 39, inclusive, of this act.

Sec. 36. As used in sections 36 to 39, inclusive, of this act, “committee” means the legislative committee on children, youth and families.

Sec. 37. 1. There is hereby established a legislative committee on children, youth and families consisting of:

(a) Five members appointed by the majority leader of the senate, at least two of whom were members of the committee on finance during the immediately preceding legislative session; and

(b) Five members appointed by the speaker of the assembly, at least two of whom were members of the committee on ways and means during the immediately preceding legislative session.

2. The members of the committee shall elect a chairman and vice chairman from among their members. The chairman must be elected from one house of the legislature and the vice chairman from the other house. After the initial election of a chairman and vice chairman, each of those officers holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the committee shall elect a replacement for the remainder of the unexpired term.

3. Any member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next session of the legislature.

4. Vacancies on the committee must be filled in the same manner as the original appointments.

Sec. 38. 1. The members of the committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee.

2. The director of the legislative counsel bureau or his designee shall act as the nonvoting recording secretary.

3. The committee shall prescribe regulations for its own management and government.

4. Except as otherwise provided in subsection 5, six voting members of the committee constitute a quorum.

5. Any recommended legislation proposed by the committee must be approved by a majority of the members of the senate and by a majority of the members of the assembly appointed to the committee.

6. Except during a regular or special session of the legislature, the members of the committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session, the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207 for each day or portion of a day of attendance at a meeting of the committee and while engaged in the business of the committee. The salaries and expenses paid pursuant to this subsection and the expenses of the committee must be paid from the legislative fund.

Sec. 39. The committee shall:

1. Study and comment upon issues related to the provision of child welfare services within this state, including, without limitation:

(a) Programs for the provision of child welfare services;

(b) Licensing and reimbursement of providers of foster care;

(d) Compliance with federal requirements.

2. Receive progress reports and testimony from the division of child and family services of the department of human resources on the activities of each mental health consortium established pursuant to section 125 of this act.

3. Conduct investigations and hold hearings in connection with its powers pursuant to this section.

4. Request that the legislative counsel bureau assist in the study of issues related to the provision of child welfare services within this state.

5. Make recommendations to the legislature concerning the manner in which the provision of child welfare services within this state may be improved.

Secs. 40 and 41. (Deleted by amendment.)”.

Amend sec. 93, page 38, line 10, after “inclusive,” by inserting:

“and sections 3 and 4 of Assembly Bill No. 429 of this [act,] session,”.

Amend sec. 102, page 42, line 12, by deleting “3,” and inserting:

“3 and section 2 of Assembly Bill No. 429 of this [act,] session,”.

Amend sec. 102, page 42, line 44, before “child,” by inserting:

“child and an attorney of a parent or guardian of the”.

Amend sec. 125, page 54, line 41, by deleting “persons:” and inserting:

“persons appointed by the administrator:”.

Amend sec. 125, page 55, line 7, by deleting “following:” and inserting:

“following persons appointed by the administrator:”.

Amend sec. 126, page 56, between lines 28 and 29, by inserting:

“5. On or before January 15 of each year, each mental health consortium shall submit the recommended plan prepared pursuant to this section to the legislative committee on children, youth and families established pursuant to section 37 of this act and shall submit progress reports to the legislative committee on children, youth and families at the end of each calendar quarter.”.

Amend the bill as a whole by deleting sec. 131 and adding a new section designated sec. 131, following sec. 130, to read as follows:

“Sec. 131. Section 126 of this act is hereby amended to read as follows:

Sec. 126. 1. On or before January 1 of each year, each mental health consortium established pursuant to section 125 of this act shall prepare a recommended plan for the provision of mental health services to emotionally disturbed children in the jurisdiction of the consortium.

2. In preparing the recommended plan, each mental health consortium must be guided by the following principles:

(a) The system of mental health services set forth in the plan should be centered on emotionally disturbed children and their families, with the needs and strengths of those children and their family dictating the types and mix of services provided.

(b) The families of emotionally disturbed children, including, without limitation, foster parents, should be active participants in all aspects of planning, selecting and delivering mental health services at the local level.

(c) The system of mental health services should be community-based and flexible, with accountability and the focus of the services at the local level.

(d) The system of mental health services should provide timely access to a comprehensive array of cost-effective mental health services.

(e) Children and their families who are in need of mental health services should be identified as early as possible through screening, assessment processes, treatment and systems of support.

(f) Comprehensive mental health services should be made available in the least restrictive but clinically appropriate environment.

(g) The family of an emotionally disturbed child should be eligible to receive mental health services from the system.

(h) Mental health services should be provided to emotionally disturbed children in a sensitive manner that is responsive to cultural and gender-based differences and special needs of the children.

3. The plan prepared pursuant to this section must include:

(a) An assessment of the need for mental health services in the jurisdiction of the consortium;

(b) A description of the types of services to be offered to emotionally disturbed children based on the amount of money available to pay the costs of such mental health services within the jurisdiction of the consortium;

(d) A description of the manner in which those services may be obtained by eligible children;

(e) The manner in which the costs for those services will be allocated;

(f) The mechanisms to manage the money provided for those services;

(g) Documentation of the number of emotionally disturbed children who are not currently being provided services, the costs to provide services to those children, the obstacles to providing services to those children and recommendations for removing those obstacles;

(h) Methods for obtaining additional money and services for emotionally disturbed children from private and public entities; and

(i) The manner in which family members of eligible children and other persons may be involved in the treatment of the children.

4. On or before January 15 of each year, each mental health consortium shall submit the recommended plan prepared pursuant to this section to the department. If the department disapproves the plan, the department shall submit the plan to the consortium for revision and resubmission to the department.

[5. On or before January 15 of each year, each mental health consortium shall submit the recommended plan prepared pursuant to this section to the legislative committee on children, youth and families established pursuant to section 37 of this act and shall submit progress reports to the legislative committee on children, youth and families at the end of each calendar quarter.]”.

Amend sec. 133, page 59, by deleting lines 2 through 20 and inserting:

“Sec. 133. The legislative committee on children, youth and families established pursuant to section 37 of this act shall monitor the transfer of duties relating to the provision of child welfare services from the division of child and family services of the department of human resources to each agency which provides child welfare services in a county whose population is 100,000 or more, including, without limitation, the fiscal effects resulting from the transfer of such duties.”.

Amend sec. 133.3, page 59, by deleting line 28 and inserting:

“the legislative committee on children, youth and families established pursuant to section 37 of this”.

Amend sec. 133.3, page 59, line 30, by deleting “oversight committee” and inserting:

“committee on children, youth and families”.

Amend the bill as a whole by deleting sec. 133.7 and inserting:

“Sec. 133.7. (Deleted by amendment.)”.

Amend sec. 134, page 60, by deleting lines 14 through 18 and inserting “abolishment.”.

Amend sec. 134, page 63, by deleting lines 4 through 15 and inserting:

“agency within the classification and unit in which the employee is employed if the employee has maintained the same classification that the employee had before accepting employment with the county agency pursuant to subsection 2.”.

Amend sec. 135, page 63, by deleting lines 30 and 31 and inserting:

“to provide child welfare services must be determined by the governor.”.

Amend sec. 135.3, page 63, by deleting line 33 and inserting:

“fund to the division of child and family services of the department of human resources the sum of $5,166,860 for one-time”.

Amend sec. 135.3, page 63, by deleting lines 39 though 48 and inserting:

“2. The money appropriated by subsection 1 must be deposited into the account established solely for the costs related to the integration of the child welfare system.”.

Amend sec. 135.5, page 64, line 6, by deleting:

“interim finance committee” and inserting:

“division of child and family services of the department of human resources”.

Amend sec. 135.5, page 64, by deleting lines 15 through 24 and inserting:

“2. The money appropriated by subsection 1 must be deposited into the account established solely for the costs related to the integration of the child welfare system.”.

Amend sec. 135.7, page 64, line 40, by deleting “a new” and inserting “the”.

Amend sec. 135.7, page 64, by deleting lines 42 through 48 and inserting:

“The interim finance committee may approve the transfer of money from those three budget accounts pursuant to this subsection upon receipt of a recommendation to do so from the governor.”.

Amend sec. 136, page 65, line 31, after “inclusive,” by inserting “126,”.

Amend sec. 136, page 65, between lines 32 and 33 by inserting:

“8. Section 131 of this act becomes effective on July 1, 2005.”.

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

“creating a legislative oversight committee on the integration of state and local child welfare systems;” and inserting:

“establishing a legislative committee on children, youth and families;”.

Assemblywoman Buckley moved the adoption of the amendment.

Remarks by Assemblywoman Buckley.

Amendment adopted.

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

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Giunchigliani moved that the action whereby Senate Bill No. 56 was referred to the Concurrent Committee on Transportation be rescinded.

Motion carried.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, June 2, 2001

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. 303 and appointed Senators O'Donnell, Washington and Carlton as a second Conference Committee to meet with a like committee of the Assembly for further consideration of Senate Bill No. 303.

Mary Jo Mongelli

Assistant Secretary of the Senate

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

The first Conference Committee concerning Senate Bill No. 303, 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.

Mark Amodei	Genie Ohrenschall
Lawrence E. Jacobsen	Debbie Smith
Raymond C. Shaffer	Dennis Nolan
Senate Conference Committee	Assembly Conference Committee

Assemblywoman Ohrenschall moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 303.

Remarks by Assemblywoman Ohrenschall.

Motion carried.

Consideration of Senate Amendments

Assembly Bill No. 271.

The following Senate amendment was read:

Amendment No. 694.

Amend section 1, page 2, line 26, by deleting:

“sophomores, juniors or seniors in high school.” and inserting:

“[sophomores, juniors or seniors in high school.] at least 15 years of age.”.

Amend the bill as a whole by renumbering sections 2 through 5 as sections 5 through 8 and adding new sections designated sections 2 through 4, following section 1, to read as follows:

“Sec. 2. Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:

A person to whom the department issues a license pursuant to NRS 483.250 shall not, during the 3 months immediately succeeding the date on which the department issues a license to him pursuant to that section, transport as a passenger in a motor vehicle that he is driving any person under the age of 18 years unless that passenger is a member of his immediate family.

Sec. 3. NRS 483.250 is hereby amended to read as follows:

483.250 The department shall not issue any license[under]pursuant to the provisions of NRS 483.010 to 483.630, inclusive:

1. To any person who is under the age of 18 years, except that the department may issue:

(a) A restricted license to a person between the ages of 14 and 18 years pursuant to the provisions of NRS 483.267 and 483.270.

(b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.

(c) A restricted instruction permit to a person under the age of 18 years pursuant to the provisions of subsection 3 of NRS 483.280.

(d) Except as otherwise provided in paragraph (e), a license to a person between the ages of[16]15 3/4 and 18 years[who] if:

(1) He has completed a course:

[(1)] (I) In automobile driver education pursuant to NRS 389.090; or

[(2)] (II) Provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, if the course complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the state board of education pursuant to NRS 389.090[,

and who] ;

(2) He has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280 [. The];

(3) His parent or legal guardian [of a person who desires to obtain a license pursuant to this paragraph must sign and submit]signs and submits to the department a form provided by the department which attests that the person who desires a license has completed the training and experience required by [this paragraph.]subparagraph (2); and

(4) He has held an instruction permit for at least 3 months before he applies for the license.

(e) A license to a person who is between the ages of [16]15 3/4 and 18 years if:

(1) The public school in which he is enrolled is located in a county whose population is less than 35,000 or in a city or town whose population is less than 25,000;

(2) The public school does not offer automobile driver education;

(3) He has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280; [and]

(4) His parent or legal guardian signs and submits to the department a form provided by the department which attests that the person who desires a license has completed the experience required by subparagraph (3) [.]; and

(5) He has held an instruction permit for at least 3 months before he applies for the license.

2. To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.

3. To any person whose license has been suspended, but [,] upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.

4. To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.

5. To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.

6. To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to operate a motor vehicle safely.

7. To any person who is not a resident of this state.

8. To any child who is the subject of a court order issued pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or 62.228 which delays his privilege to drive.

9. To any person who is the subject of a court order issued pursuant to NRS 206.330 which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.

Sec. 4. NRS 483.280 is hereby amended to read as follows:

483.280 1. Any person who is at least 15 1/2 years of age may apply to the department for an instruction permit. The department may, in its discretion, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having the permit in his immediate possession, to drive a motor vehicle upon the highways for a period of [8 months]1 year when accompanied by a licensed driver who is at least 21 years of age, who has had at least 1 year of licensed driving experience in the type of vehicle for which the permit was issued and who is actually occupying a seat beside the driver, except when the permittee is occupying a motorcycle. The term “licensed driving experience” as used in this subsection does not include driving experience gained under an instruction permit issued pursuant to the provisions of this section.

2. The department may, in its discretion, issue a temporary driver’s permit to an applicant for a driver’s license permitting him to drive a motor vehicle while the department is completing its investigation and determination of all facts relative to the applicant’s right to receive a driver’s license. The permit must be in his immediate possession while driving a motor vehicle, and is invalid when the applicant’s license has been issued or for good cause has been refused.

3. The department, upon receiving proper application, may, in its discretion, issue a restricted instruction permit effective for a school year, or for a more restricted period, to an applicant who is enrolled in a driver education program which includes practice driving and which is approved by the department even though the applicant has not reached the legal age to be eligible for a driver’s license. The instruction permit entitles the permittee, when he has the permit in his immediate possession, to drive a motor vehicle only on a designated highway or within a designated area, but only when an approved instructor is occupying a seat beside the permittee.”.

Amend sec. 5, page 4, by deleting lines 1 through 3 and inserting:

“Sec. 8. 1. This section and sections 1 to 4, inclusive, of this act become effective on July 1, 2001.

2. Sections 5, 6 and 7 of this act become effective on October 1, 2001.”.

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

“prohibiting certain younger drivers from transporting certain persons as passengers for a certain period after obtaining a driver’s license; requiring certain younger drivers to hold an instruction permit for a certain period before applying for a driver’s license; extending the period for which a person is authorized to hold an instruction permit;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions concerning education and training of drivers. (BDR 34-1011)”.

Assemblyman Williams moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 271.

Remarks by Assemblyman Williams.

Motion carried.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Parks moved that all rules be suspended, and that Assembly Bills Nos. 175, 513, 668 and Assembly Joint Resolution No. 8 be declared emergency measures under the Constitution and placed on third reading and final passage.

Motion carried.

Assemblyman Parks moved that Assembly Joint Resolution No. 14 just returned from the printer, be placed on third reading and final passage.

Motion carried unanimously.

general file and third reading

Assembly Joint Resolution No. 8.

Resolution read third time.

Remarks by Assemblymen Hettrick and Gibbons.

Roll call on Assembly Joint Resolution No. 8:

Yeas—41.

Nays—None.

Excused—Freeman.

Assembly Joint Resolution No. 8 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Resolution ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Goldwater moved that Senate Bill No. 307 be taken from the Chief Clerk's desk and placed on the General File.

Remarks by Assemblyman Goldwater.

Motion carried.

general file and third reading

Assembly Bill No. 175.

Bill read third time.

Remarks by Assemblywoman Chowning.

Roll call on Assembly Bill No. 175:

Yeas—40.

Nays—None.

Not Voting—Goldwater.

Excused—Freeman.

Assembly Bill No. 175 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 513.

Bill read third time.

Roll call on Assembly Bill No. 513:

Yeas—41.

Nays—None.

Excused—Freeman.

Assembly Bill No. 513 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 668.

Bill read third time.

Remarks by Assemblymen Hettrick and Gibbons.

Roll call on Assembly Bill No. 668:

Yeas—41.

Nays—None.

Excused—Freeman.

Assembly Bill No. 668 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Giunchigliani moved that Assembly Joint Resolution No. 14 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

general file and third reading

Senate Bill No. 307.

Bill read third time.

Roll call on Senate Bill No. 307:

Yeas—40.

Nays—Gustavson.

Excused—Freeman.

Senate Bill No. 307 having received a two-thirds majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

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

Assembly in recess at 7:09 p.m.

ASSEMBLY IN SESSION

At 7:46 p.m.

Mr. Speaker presiding.

Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Ways and Means, to which was referred Assembly Bill No. 340, 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

Assembly Bill No. 340.

Bill read second time.

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

Amendment No. 1218.

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

“Section 1. The Administrator of the Housing Division of the Department of Business and Industry shall allocate and reserve from the account for low-income housing created by NRS 319.500 the sum of $450,000 for fiscal year 2001-2002 and the sum of $450,000 for fiscal year 2002-2003 for a model demonstration project sponsored by a nonprofit corporation to provide an assisted living center for senior citizens living in Clark County.”.

Amend the title of the bill to read as follows:

“AN ACT relating to low-income housing; requiring the allocation of money from the account for low-income housing for a model demonstration project to provide an assisted living center for senior citizens in Clark County; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires allocation of money from account for low-income housing for model demonstration project to provide assisted living center for senior citizens in Clark County. (BDR S‑1143)”.

Assemblywoman Buckley moved the adoption of the amendment.

Remarks by Assemblywoman Buckley.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 115, 503, 506, 514, 516, 523, 525, 526, 554, 618, 630; Assembly Joint Resolutions Nos. 3, 4, 5, 15 of the 70th Session; Assembly Resolution No. 14; Senate Bills Nos. 33, 139, 194, 207, 232, 321, 356, 402, 431, 432, 436, 437, 438, 439, 440, 441, 448, 450, 455, 456, 457, 461, 478; Senate Concurrent Resolutions Nos. 51, 53.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Betty Mahoney.

On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Mark T. Lacey.

On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Nate Downs, Vickie Downs-Maline and Andy Maline, Jr.

Assemblywoman Buckley moved that the Assembly adjourn until Sunday, June 3, 2001 at 10:00 a.m.

Motion carried.

Assembly adjourned at 7:53 p.m.

Approved: Richard D. Perkins

Speaker of the Assembly

Attest: Jacqueline Sneddon