THE SEVENTY-NINTH DAY
Carson City (Tuesday), April 22, 2003
Assembly called to order at 10:09 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Reverend Albert Tilstra.
I pray today for comfort, Lord. I pray for knowledge to help make informed decisions. I pray for guidance to lead us to a better country. I pray today for love to make the world a better place.
Amen.
Pledge of Allegiance to the Flag.
Assemblyman Oceguera 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.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 21, 2003
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day receded from its action on Assembly Bill No. 53, Senate Amendment No. 83.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 144, 256, 424, 445, 446, 487.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 53, 125, 133, 136, 201, 237, 273, 306, 313, 331, 342, 356, 359, 400, 408, 432, 434, 436, 444, 451, 452, 471, 486; Senate Joint Resolution No. 1.
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Mary Jo Mongelli |
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Assistant Secretary of the Senate |
MOTIONS, RESOLUTIONS AND NOTICES
Notice of Exemption
April 22, 2003
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bill No. 325.
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Mark Stevens |
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Fiscal Analysis Division |
Assemblyman Oceguera moved that the reading of Histories on all bills be dispensed with for this legislative day.
Motion carried.
Senate Joint Resolution No. 1.
Assemblyman Oceguera moved that the resolution be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 53.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 125.
Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 133.
Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 136.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 144.
Assemblyman Oceguera moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 201.
Assemblyman Oceguera moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 237.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 256.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 273.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 306.
Assemblyman Oceguera moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 313.
Assemblyman Oceguera moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 331.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 342.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 356.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 359.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 400.
Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 408.
Assemblyman Oceguera moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 424.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 432.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 434.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 436.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 444.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 445.
Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 446.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 451.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 452.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 471.
Assemblyman Oceguera moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 486.
Assemblyman Oceguera moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Bill No. 487.
Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Goldwater moved that Assembly Bill No. 429 be taken from the Chief Clerk’s desk and placed at the top of the General File.
Remarks by Assemblyman Goldwater.
Motion carried.
Assemblywoman Chowning moved that Assembly Bill No. 406 be taken from the General File and placed on the Chief Clerk’s desk.
Remarks by Assemblywoman Chowning.
Motion carried.
Assemblywoman Chowning moved that Assembly Bill No. 325 be taken from the General File and re-referred to the Committee on Ways and Means.
Remarks by Assemblywoman Chowning.
Motion carried.
Assemblyman Williams moved that Assembly Bill No. 510 be taken from the Chief Clerk’s desk and placed on the General File.
Remarks by Assemblyman Williams.
Motion carried.
Assemblyman Collins moved that Assembly Bill No. 244 be taken from the General File and placed at the top of the General File.
Remarks by Assemblyman Collins.
Motion carried.
Assemblyman Parks moved that Assembly Bill No. 366 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.
general file and third reading
Assembly Bill No. 244.
Bill read third time.
The following amendment was proposed by Assemblyman Collins:
Amendment No. 550.
Amend section 1, page 1, line 3, by deleting “may” and inserting “shall”.
Amend section 1, page 1, by deleting lines 5 through 8.
Amend section 1, page 2, line 1, by deleting “(b)” and inserting “(a)”.
Amend section 1, page 2, line 2, by deleting “(c)” and inserting “(b)”.
Amend section 1, page 2, line 4, by deleting “(d)” and inserting “(c)”.
Amend section 1, page 2, line 7, by deleting “(e)” and inserting “(d)”.
Amend section 1, page 2, line 9, by deleting “(f)” and inserting “(e)”.
Amend section 1, page 2, line 11, by deleting “(g)” and inserting “(f)”.
Amend section 1, page 2, by deleting lines 18 through 22 and inserting:
“preservation neighborhood is preserved.
[2.] 3. Unless a rural preservation
neighborhood is located within
330 feet of an existing or proposed street or highway that is more than 99 feet
wide, the governing body shall, to the extent practicable, adopt any”.
Amend section 1, page 2, line 26, by deleting “4,” and
inserting “[4,] 5,”.
Amend section 1, page 2, line 33, by deleting “3.” and
inserting “[3.] 4.”.
Amend section 1, page 2, line 36, by deleting “4.” and
inserting “[4.] 5.”.
Amend section 1, page 2, by deleting lines 39 through 45 on page 2 and lines 1 through 4 on page 3, and inserting:
“6. The governing body shall review the designation of each rural preservation neighborhood each time the applicable master plan is reviewed or revised or once each 5-year period following the designation of a rural preservation neighborhood pursuant to subsection 1, whichever occurs earlier. If, after such a review, the governing body determines that:
(a) The rural preservation neighborhood no longer meets the requirements of subsection 1;
(b) The rural preservation neighborhood is less than 160 acres; and
(c) More than 70 percent of the boundaries of the rural preservation neighborhood are within 330 feet of an existing or proposed street or highway that is 120 feet or more in width, the governing body may revoke the designation of”.
Assemblyman Collins moved the adoption of the amendment.
Remarks by Assemblyman Collins.
Amendment adopted.
Bill ordered reprinted, re-engrossed, and to third reading.
Assembly Bill No. 429.
Bill read third time.
The following amendment was proposed by the Committee on
Commerce and Labor:
Amendment No. 545.
Amend the bill as a whole by renumbering sec. 6 as sec. 7 and adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. Chapter 704 is hereby amended by adding thereto a new section to read as follows:
For the purpose of complying with a portfolio standard established pursuant to NRS 704.7821, a provider shall be deemed to have generated or acquired 2.4 kilowatt-hours of electricity from a renewable energy system for each 1.0 kilowatt-hour of actual electricity generated or acquired from a solar photovoltaic system.”.
Amend sec. 6, page 4, by deleting lines 15 and 16, and inserting:
“2. Has a generating capacity of not more than [10]
30 kilowatts;”.
Amend the bill as a whole by deleting sec. 7, renumbering sec. 8 as sec. 9 and adding a new section designated sec. 8, following sec. 6, to read as follows:
“Sec. 8. NRS 704.7801 is hereby amended to read as follows:
704.7801 As used in NRS 704.7801 to 704.7828, inclusive, and section 6 of this act, unless the context otherwise requires, the words and terms defined in NRS 704.7805 to 704.7818, inclusive, have the meanings ascribed to them in those sections.”.
Amend sec. 8, page 5, between lines 9 and 10, by inserting:
“3. As used in this section, “waterpower” means power derived from standing, running or falling water which is used for any plant, facility, equipment or system to generate electricity if the generating capacity of the plant, facility, equipment or system is not more than 30 megawatts. Except as otherwise provided in this subsection, the term includes, without limitation, power derived from water that has been pumped from a lower to a higher elevation if the generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts. The term does not include power:
(a) Derived from water stored in a reservoir by a dam or similar device, unless:
(1) The water is used exclusively for irrigation;
(2) The dam or similar device was in existence on January 1, 2003; and
(3) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts;
(b) That requires a new or increased appropriation or diversion of water for its creation; or
(c) That requires the use of any fossil fuel for its creation, unless:
(1) The primary purpose of the use of the fossil fuel is not the creation of the power; and
(2) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts.”.
Amend the bill as a whole by deleting sec. 9, renumbering sections 10 and 11 as sections 12 and 13 and adding new sections designated sections 10 and 11, following sec. 8, to read as follows:
“Sec. 10. NRS 704.7815 is hereby amended to read as follows:
704.7815 “Renewable energy system” means:
1. A facility or energy system that:
(a) Uses renewable energy to generate electricity; and
(b) Transmits or distributes the electricity that it generates from renewable energy via:
(1) A power line which is dedicated to the transmission or distribution of electricity generated from renewable energy and which is connected to a facility or system owned, operated or controlled by a provider of electric service; or
(2) A power line which is shared with not more than one facility or energy system generating electricity from nonrenewable energy and which is connected to a facility or system owned, operated or controlled by a provider of electric service.
2. A solar [thermal] energy system that
reduces the consumption of [electricity.] electricity, natural gas or
propane.
3. A net metering system used by a customer-generator
pursuant to
NRS 704.766 to 704.775, inclusive.
Sec. 11. NRS 704.7821 is hereby amended to read as follows:
704.7821 1. For each provider of electric service, the Commission shall establish a portfolio standard for renewable energy. The portfolio standard must require each provider to generate or acquire electricity from renewable energy systems in an amount that is:
(a) For calendar years 2003 and 2004, not less than 5 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(b) For calendar years 2005 and 2006, not less than 7 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(c) For calendar years 2007 and 2008, not less than 9 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(d) For calendar years 2009 and 2010, not less than 11 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(e) For calendar years 2011 and 2012, not less than 13 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
(f) For calendar year 2013 and for each calendar year thereafter, not less than 15 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.
2. In addition to the requirements set forth in subsection 1, the portfolio standard for each provider must require that:
(a) Of the total amount of electricity that the provider is required to generate or acquire from renewable energy systems during each calendar year, not less than 5 percent of that amount must be generated or acquired from solar renewable energy systems.
(b) If the provider acquires electricity from a renewable energy system pursuant to a renewable energy contract with another party:
(1) The term of the renewable energy contract must
be not less than
10 years, unless the other party agrees to a renewable energy contract with a
shorter term; and
(2) The terms and conditions of the renewable energy contract must be just and reasonable, as determined by the Commission. If the provider is a public utility and the Commission approves the terms and conditions of the renewable energy contract between the provider and the other party, the renewable energy contract and its terms and conditions shall be deemed to be a prudent investment and the provider may recover all just and reasonable costs associated with the renewable energy contract.
3. If, for the benefit of one or more of its retail
customers in this state, the provider has subsidized, in whole or in part, the
acquisition or installation of a solar [thermal] energy system which
qualifies as a renewable energy system and which reduces the consumption of
electricity, the total reduction in the consumption of electricity during each
calendar year that results from the solar [thermal] energy system shall
be deemed to be electricity that the provider generated or acquired from a
renewable energy system for the purposes of complying with its portfolio
standard.
4. The Commission may adopt regulations that establish a system of renewable energy credits that may be used by a provider to comply with its portfolio standard.
5. Except as otherwise provided in subsection 6, each provider shall comply with its portfolio standard during each calendar year.
6. If, for any calendar year, a provider is unable to comply with its portfolio standard through the generation of electricity from its own renewable energy systems or, if applicable, through the use of renewable energy credits, the provider shall take actions to acquire electricity pursuant to one or more renewable energy contracts. If the Commission determines that, for a calendar year, there is not or will not be a sufficient supply of electricity made available to the provider pursuant to renewable energy contracts with just and reasonable terms and conditions, the Commission shall exempt the provider, for that calendar year, from the remaining requirements of its portfolio standard or from any appropriate portion thereof, as determined by the Commission.
7. The Commission shall adopt regulations for the determination of just and reasonable terms and conditions for the renewable energy contracts that a provider of electric service must enter into to comply with its portfolio standard.
8. As used in this section:
(a) “Renewable energy contract” means a contract to acquire electricity from one or more renewable energy systems owned, operated or controlled by other parties.
(b) “Terms and conditions” includes, without limitation, the price that a provider of electric service must pay to acquire electricity pursuant to a renewable energy contract.”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, re-engrossed, and to third reading.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 529, 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
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bill No. 529 just reported out of committee, be placed on the Second Reading File.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 529.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 548.
Amend sec. 2, pages 1 and 2, by deleting lines 3 through 8 on page 1 and lines 1 through 19 on page 2, and inserting:
“Sec. 2. 1. Each report of campaign contributions
and expenses or expenditures that is filed pursuant to NRS 294A.120, 294A.140,
294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360 or
294A.362, and each statement of financial disclosure filed pursuant to
NRS 281.561 must be submitted on the following form:
CAMPAIGN CONTRIBUTIONS AND EXPENSES State of Nevada
Name (print) Office (if applicable) District (if applicable)
Mailing Address (include city and zip code) Telephone No.
E-Mail Address
Select Appropriate Box(es) c candidate c pac c bag c pol prty c ind exp c amended
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1. Cash on Hand at Beginning of This Reporting Period |
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2. Cash on Hand at Beginning of This Reporting Year |
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CONTRIBUTIONS SUMMARY |
This Period |
This Period Plus Previous Periods This Year |
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3. Total Monetary Contributions Received in Excess of $100 |
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4. Total Monetary Contributions Received of $100 or Less |
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This Period |
This Period Plus Previous Periods This Year |
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5. Actual Number of Monetary Contributions of $100 or Less |
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6. Interest and Income Earned on Contributions |
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7. Total Amount of Monetary Contributions Received (Add Lines 3, 4 and 6) |
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8. Total Value of In Kind Contributions Received |
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9. Total Monetary Expenses Paid in Excess of $100 |
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10. Total Monetary Expenses Paid of $100 or Less |
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11. Expense for Filing Fee Paid (Do not Include in Line 9 or 10 Above) |
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12. Total Amount of All Monetary Expenses Paid (Add Lines 9, 10 and 11) |
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13. Total Value of In Kind Expenses |
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14. Cash on Hand at Close of This Reporting Period Based on Activity During This Reporting Period (Add Lines 1 and 7 for This Period and Subtract Line 11 for This Period) |
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15. Cash on Hand at Close of This Reporting Period Based on Activity During This Reporting Year (Add Lines 2 and 7 for This Reporting Year and Subtract Line 11 for This Reporting Year) |
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I Declare Under Penalty of Perjury That the Foregoing is True and Correct.
Signature Date
CAMPAIGN CONTRIBUTIONS Report Period
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Name (print) Office (if applicable) District (if applicable)
Contributions in Excess of $100 or, When Added Together from One Contributor Exceeds $100
Transfer Total Amount of All Campaign Contributions to Line 3 of Contributions Summary
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Contributor’s Name And Address
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Date of Each Contribution |
Amount of Each Contribution |
Check Here If Loan |
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Copy or Duplicate If You Need Additional Space
CAMPAIGN EXPENSES Report Period
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Name (print) Office (if applicable) District (if applicable)
Expense Categories
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CATEGORIES
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CODE
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Office expenses
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A |
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Expenses related to volunteers
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B
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Expenses related to travel
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C
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Expenses related to advertising
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D
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Expenses related to paid staff
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E
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Expenses related to consultants
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F
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Expenses related to polling
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G
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Expenses related to special events
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H
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Goods and services provided in kind for which money would otherwise have been paid
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Other miscellaneous expenses
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CAMPAIGN EXPENSES Report Period
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Name (print) Office (if applicable) District (if applicable)
Transfer Total Amount of All Campaign Expenses to Line 9 of Expenses Summary
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NAME AND ADDRESS OF PERSON, GROUP OR ORGANIZATION WHO RECEIVED THE PAYMENT FOR THE EXPENSE(S)
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CATEGORY (See Previous Page)
NRS 294A.365
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DATE OF EACH EXPENSE
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AMOUNT OF EACH EXPENSE
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Copy or Duplicate If You Need Additional Space
IN KIND CAMPAIGN CONTRIBUTIONS Report Period
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Name (print) Office (if applicable) District (if applicable)
IN KIND
Contributions in Excess of $100 or, When
Added Together from
One Contributor Exceeds $100
Transfer Total Value of All In-Kind Campaign Contributions to Line 8 of Contributions Summary
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Contributor’s Name and Address |
date of each in kind contribution |
description of each in kind Contribution |
value or cost of each in kind Contribution |
Check Here If Loan |
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Copy or Duplicate If You Need Additional Space
IN KIND CAMPAIGN EXPENSES Report Period
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#
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Name (print) Office (if applicable) District (if applicable)
IN KIND
Transfer Total Value of All In-Kind Campaign Expenses to Line 13 of Expenses Summary
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NAME AND ADDRESS OF PERSON, GROUP OR ORGANIZATION WHO RECEIVED THE IN KIND GOOD(S) OR SERVICE(S) |
DESCRIPTION OF EACH IN KIND EXPENSE |
DATE OF EACH IN KIND EXPENSE |
VALUE OR COST OF EACH IN KIND EXPENSE |
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Copy or Duplicate If You Need Additional Space
FINANCIAL DISCLOSURE STATEMENT
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Name |
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Telephone |
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Address |
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City, State, Zip |
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Length of Residence in Nevada |
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District where registered to vote |
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[NRS 281.571, Subsection 1(a)] |
List all public offices for which this financial disclosure statement is required [NRS 281.571, Subsection 1(g)]:
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Public Office |
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Annual Compensation |
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Term or Date Appointed |
Public Officer (1/15) NRS 281.561(1)(b) |
Candidate NRS 281.561(1)(a) |
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Self |
Household Member |
List all general sources of income for you and members of your household over 18 [NRS 281.571, Subsection 1(b)]:
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List each creditor to whom you or a member of your household owes $5,000 or more [except (1) debt secured by mortgage or deed of trust on real property which is not required to be listed below, and (2) debt for which a security interest in a motor vehicle for personal use was retained by seller] [NRS 281.571, Subsection 1(d)]:
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List each business entity (i.e., organization or enterprise operated for economic gain, including a proprietorship, partnership, firm, business, trust, joint venture, syndicate, corporation or association) with which you or a member of your household is involved as a trustee, beneficiary of a trust, director, officer, owner in whole or in part, limited or general partner, or holder of a class of stock or security representing 1% or more of the total outstanding stock or securities issued by the business entity [NRS 281.571, Subsection 1(f)]:
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List specific location and particular use of all real estate (other than personal residence): (1) in which you have or a member of your household has a legal or beneficial interest; (2) the fair market value of which is $2,500 or more; and (3) located in this state or an adjacent state [NRS 281.571, Subsection 1(c)]:
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Specific Location |
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Particular Use |
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List the identify of donor and value of each gift of all gifts received in excess of an aggregate value of $200 from a donor during the preceding taxable year [except (1) a gift received from a person who is related to you within the third degree of consanguinity or affinity; and (2) ceremonial gifts received for a birthday, wedding, anniversary, holiday or other ceremonial occasion if the donor does not have a substantial interest in your legislative, administrative, judicial or political action] [NRS 281.571, Subsection 1(e)]:
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Donor |
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Value of Gift |
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AFFIRM THAT ALL INFORMATION HEREIN IS ACCURATE AND COMPLETE.
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Date: |
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Signature: |
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Copy or Duplicate If You Need Additional Space
2. A candidate, person, committee, political party or group that requires additional space on a page of the form set forth in subsection 1 may copy or duplicate the page. A candidate, person, committee, political party or group shall number each page of the form in the lower right hand corner of the page.
3. The filing officer:
(a) May not request information concerning campaign contributions and expenses or expenditures from a candidate, person, committee, political party or group that is required to file a report pursuant to NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360 or 294A.362, or a statement of financial disclosure pursuant to NRS 281.561, other than:
(1) Information requested on the form set forth in subsection 1; or
(2) Pursuant to any provision of law authorizing the filing officer to request the information.
(b) May include acknowledgments and instructions to accompany the form set forth pursuant to subsection 1. ”.
Amend sec. 3, pages 2 and 3, by deleting lines 20 through 44 on page 2 and lines 1 through 9 on page 3, and inserting:
“Sec. 3. Upon request, the filing officer shall
provide a copy of the form set forth in section 2 of this act to each
candidate, person, committee, political party and group that is required to
file a report of its campaign contributions and expenses or expenditures
pursuant to NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220,
294A.270, 294A.280, 294A.360 or 294A.362, or a financial disclosure statement
pursuant to
NRS 281.561.”.
Amend the bill as a whole by adding a new section designated sec. 3.5, following sec. 3, to read as follows:
“Sec. 3.5. NRS 294A.004 is hereby amended to read as follows:
294A.004 “Campaign expenses” and “expenditures” mean:
1. Those expenditures [contracted for or] made
for advertising on television, radio, billboards, posters and in newspapers;
and
2. All other expenditures [contracted for or]
made,
to advocate expressly the election or defeat of a clearly identified candidate or group of candidates or the passage or defeat of a clearly identified question or group of questions on the ballot, including any payments made to a candidate or any person who is related to the candidate within the second degree of consanguinity or affinity.”.
Amend sec. 4, page 3, by deleting lines 13 and 14 and
inserting:
“January 15 of each year, for the period from January 1 of the”.
Amend sec. 4, page 3, by deleting line 16 and inserting: “each campaign contribution in excess of $100 he received during the period and contributions received during the period from a contributor which cumulatively exceed $100.”.
Amend sec. 4, page 3, lines 33 and 34 by deleting: “[and
(c) The” and inserting: “and
(c) [The”.
Amend sec. 4, page 3, line 37, by deleting “list]”
and inserting: “list each of the campaign contributions that]”.
Amend sec. 4, page 3, line 38, by deleting “(c)”.
Amend sec. 4, pages 3 and 4, by deleting lines 40 through
45 on page 3 and lines 1 and 2 on page 4, and inserting: “June 30 of that
year, report each campaign contribution in excess of $100 he receives
during the period and contributions received during the period from a
contributor which cumulatively exceed $100. The report must be completed on
[forms designed and] the form set forth in section 2 of this act provided
by the [Secretary of State pursuant to this section and NRS 294A.362.] filing
officer. Each form must be signed by the candidate under penalty of”.
Amend sec. 4, page 4, line 11, after “election;” by inserting “and”.
Amend sec. 4, page 4, by deleting lines 14 through 21 and inserting: “days before the general election, report each campaign contribution in excess of $100 he received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form set forth in section 2 of this act provided by the filing officer. Each form must”.
Amend sec. 4, page 4, by deleting lines 31 through 34
and inserting: “[list each of the campaign contributions that he receives]
report each campaign contribution in excess of $100 he received during
the period and contributions received during the reporting period from a
contributor which cumulatively exceed $100. The report must be completed on
[forms designed and] the form set forth in section 2 of this act provided
by the [Secretary of State pursuant to this section and NRS 294A.362.] filing
officer. Each form must be signed by the candidate under”.
Amend sec. 4, page 4, by deleting lines 39 through 41
and inserting: “that he receives on [forms designed and] the form set
forth in section 2 of this act provided by the [Secretary of State
pursuant to this section and NRS 294A.362,] filing officer, and
signed by the candidate under penalty of perjury, 30”.
Amend sec. 4, page 5, by deleting lines 6 through 24 and
inserting: “the [officer with whom the candidate filed the declaration of
candidacy or acceptance of candidacy.] appropriate filing officer and,
if the appropriate filing officer is not the Secretary of State, with the
appropriate filing officer and the Secretary of State. A candidate may mail
or transmit the report to [that] the filing officer ,
and the Secretary of State if required, by regular mail, certified
mail [. If certified mail is used, the date of mailing] , facsimile
machine or electronic means. A report shall be deemed [the date of
filing.
5. Every county clerk who receives from candidates
for legislative or judicial office, except the office of justice of the peace
or municipal judge, reports of campaign contributions pursuant to subsection 4
shall file a copy of each report with the Secretary of State within 10 working
days after he receives the report.
6.] to be filed with the filing officer or the
Secretary of State:
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On the date that it was received by the filing officer or the Secretary of State if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.
7. A report that is mailed or transmitted pursuant to subsection 6 in a timely manner to the wrong filing officer shall be deemed to be timely filed.
8. The name and address of the contributor and the date on”.
Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 and 7 as sections 5 and 6.
Amend sec. 6, page 7, by deleting lines 14 and 15 and inserting: “through December 31 of the previous year, report each campaign contribution in excess of $100 he or it received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The”.
Amend sec. 6, page 7, lines 40 and 41 by deleting: “[and
(c) The” and inserting: “and
(c) [The”.
Amend sec. 6, page 7, line 44, by deleting “list]”
and inserting: “list each of the contributions]”.
Amend sec. 6, page 8, line 1, by deleting “(c)”.
Amend sec. 6, page 8, by deleting lines 4 through 11 and
inserting: “year, report each campaign contribution in excess of $100
received during the period and contributions received during the period from
a contributor which cumulatively exceed $100. The report must be completed on
the form [designed and] set forth in section 2 of this act provided
by the [Secretary of State and shall sign the report] filing officer.
The form must be”.
Amend sec. 6, page 8, line 40, after “election;” by inserting “and”.
Amend sec. 6, pages 8 and 9, by deleting line 44 on page 8 and lines 1 through 8 on page 9 and inserting: “the general election or general city election, report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form set forth in section 2 of this act provided by the filing officer. The form must be signed by the person or a”.
Amend sec. 6, page 9, by deleting lines 22 through 24 and inserting: “report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form set forth in section 2 of this act provided by the filing officer. The form must be signed by the person or a”.
Amend sec. 6, page 9, by deleting lines 31 through 33 and inserting: “offices at such special elections shall report each contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form set forth in section 2 of this act provided by the filing officer”.
Amend sec. 6, pages 9 and 10 by deleting lines 44 and 45 on page 9 and lines 1 through 15 on page 10 and inserting:
“7. The reports of contributions required pursuant to this section must be filed with:
(a) If the candidate is elected from one county, the county clerk of that county and the Secretary of State;
(b) If the candidate is elected from one city, the city clerk of that city and the Secretary of State; or
(c) If the candidate is elected from more than one county or city, the Secretary of State.
8. A person or entity may file the report with
the appropriate filing officer , and the Secretary of State if required,
by regular mail, certified mail [. If certified mail is used, the
date of mailing] , facsimile machine or electronic means. A report shall
be deemed [the date of filing.
4. Each county clerk or city clerk who receives a
report pursuant to subsection 3 shall file a copy of the report with the
Secretary of State within 10 working days after he receives the report.] to
be filed with the filing officer or the Secretary of State:
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On the date that it was received by the filing officer or the Secretary of State if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.
9. A report that is mailed or transmitted pursuant to subsection 7 in a timely manner to the wrong filing officer shall be deemed to be timely filed.
10. Every person, committee or political party described in”.
Amend sec. 7, page 10, by deleting lines 27 through 29 and inserting: “previous year, report each campaign contribution in excess of $100 received during that period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form set forth in section 2 of this act provided by the filing officer. The form must be signed by”.
Amend sec. 7, page 11, lines 16 and 17, by deleting: “[and
(c) The” and inserting: “and
(c) [The”.
Amend sec. 7, page 11, line 20, by deleting “list]”
and inserting: “list each of the contributions]”.
Amend sec. 7, page 11, line 21, by deleting “(c)”.
Amend sec. 7, page 11, by deleting lines 23 through 30
and inserting: “general city election through June 30 of that year, report
each campaign contribution in excess of $100 received during the period and
contributions received during the period from a contributor which cumulatively
exceed $100. The report must be completed on the form [designed and]
set forth in section 2 of this act provided by the [Secretary of
State] filing officer and signed by the”.
Amend sec. 7, page 12, line 20, after “election;” by inserting “and”.
Amend sec. 7, page 12, by deleting lines 24 through 31 and inserting: “or general city election, report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form set forth in section 2 of this act provided by the filing officer. The form must be signed by the person or a”.
Amend sec. 7, page 12, by deleting lines 42 through 44 and inserting: “report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form set forth in section 2 of this act provided by the filing officer. The form must be signed by the person or a”.
Amend sec. 7, page 13, by deleting lines 5 and 6 and inserting: “contributions received on the form set forth in section 2 of this act provided by the filing officer and signed by”.
Amend sec. 7, page 13, by deleting lines 17 through 33 and inserting:
“7. The reports required pursuant to this section must be filed with :
(a) If the question is submitted to the voters of one county, the county clerk of that county and the Secretary of State;
(b) If the question is submitted to the voters of one city, the city clerk of that city and the Secretary of State; or
(c) If the question is submitted to the voters of more than one county or city, the Secretary of State.
8. If the person or group of persons is
advocating passage or defeat of a group of questions, the reports [must be
made to the officer appropriate for each question and] must be itemized by
question.
[4. Each county clerk or city clerk who receives a
report pursuant to subsection 3 shall file a copy of the report with the Secretary
of State within 10 working days after he receives the report.] A person
may mail or transmit his report to the appropriate filing officer, and the
Secretary of State if required, by regular mail, certified mail, facsimile
machine or electronic means. A report shall be deemed to be filed with the
filing officer or the Secretary of State:
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On the date that it was received by the filing officer or the Secretary of State if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.”.
Amend the bill as a whole by adding a new section designated sec. 7, following sec. 7, to read as follows:
“Sec. 7. NRS 294A.160 is hereby amended to read as follows:
294A.160 1. It is unlawful for a candidate to spend money received as a campaign contribution for his personal use.
2. Every candidate for a state, district, county, city or township office at a primary, general, primary city, general city or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary, general, primary city, general city or special election shall:
(a) Return the unspent money to contributors;
(b) Use the money in his next election or for the
payment of other expenses related to public office or his campaign [;] ,
regardless of whether he is a candidate for a different office in his next
election;
(c) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) A political party;
(3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or
(4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);
(d) Donate the money to any tax-exempt nonprofit entity; or
(e) Dispose of the money in any combination of the methods provided in paragraphs (a) to (d), inclusive.
3. Every candidate for a state, district, county, city or township office at a primary, general, primary city, general city or special election who is not elected to that office and received contributions that were not spent or committed for expenditure before the primary, general, primary city, general city or special election shall, not later than the 15th day of the second month after his defeat:
(a) Return the unspent money to contributors;
(b) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) A political party;
(3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or
(4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);
(c) Donate the money to any tax-exempt nonprofit entity; or
(d) Dispose of the money in any combination of the methods provided in paragraphs (a), (b) and (c).
4. Every candidate for a state, district, county, city or township office who is defeated at a primary or primary city election and received a contribution from a person in excess of $5,000 shall, not later than the 15th day of the second month after his defeat, return any money in excess of $5,000 to the contributor.
5. Every public officer who:
(a) Holds a state, district, county, city or township office;
(b) Does not run for reelection and is not a candidate for any other office; and
(c) Has contributions that are not spent or committed for expenditure remaining from a previous election,
shall, not later than the 15th day of the second month after the expiration of his term of office, dispose of those contributions in the manner provided in subsection 3.
6. In addition to the methods for disposing the unspent money set forth in subsections 2, 3 and 4, a Legislator may donate not more than $500 of that money to the Nevada Silver Haired Legislative Forum created pursuant to NRS 427A.320.
7. Any contributions received before a candidate for a state, district, county, city or township office at a primary, general, primary city, general city or special election dies that were not spent or committed for expenditure before the death of the candidate must be disposed of in the manner provided in subsection 3.
8. The court shall, in addition to any penalty which may be imposed pursuant to NRS 294A.420, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.
[8.] 9. As used in this section,
“contributions” include any interest and other income earned thereon.”.
Amend sec. 8, page 13, by deleting lines 37 and 38 and
inserting:
“January 15 of each year, for the period from January 1 of the”.
Amend sec. 8, page 13, by deleting lines 42 and 43 and
inserting:
“NRS 294A.160 during the period on the form set forth in section 2 of this
act provided by the filing officer.”.
Amend sec. 8, page 14, lines 20 and 21, by deleting: “[and
(c) The” and inserting: “and
(c) [The”.
Amend sec. 8, page 14, line 25, by deleting “(c)”.
Amend sec. 8, page 14, by deleting lines 27 through 34
and inserting: “June 30 of that year, report each of the campaign
expenses in excess of $100 that he incurs during the period on [forms
designed and] the form set forth in section 2 of this act provided
by the [Secretary of State pursuant to this section and NRS 294A.362.] filing
officer. Each form must be signed by the candidate”.
Amend sec. 8, page 14, line 43, after “election;” by inserting “and”.
Amend sec. 8, page 15, by deleting lines 3 through 10 and inserting: “days before the general election, report each of the campaign expenses in excess of $100 that he incurs during the period on the form set forth in section 2 of this act provided by the filing officer. The form must”.
Amend sec. 8, page 15, by deleting lines 22 through 24
and inserting: “incurs during the period on [forms designed and] the
form set forth in section 2 of this act provided by the [Secretary of
State pursuant to this section and NRS 294A.362.] filing officer. Each
form must be signed by the candidate”.
Amend sec. 8, page 15, by deleting lines 29 through 31
and inserting: “expenses in excess of $100 that he incurs on [forms designed
and] the form set forth in section 2 of this act provided by the [Secretary
of State pursuant to this section and NRS 294A.362] filing officer and
signed by the”.
Amend sec. 8, pages 15 and 16, by deleting lines 43 and
44 on page 15 and lines 1 through 19 on page 16 and inserting: “or
acceptance of candidacy.] appropriate filing officer and, if the
appropriate filing officer is not the Secretary of State, with the appropriate
filing officer and the Secretary of State. A candidate may mail or
transmit the report to [that] the filing officer , and the
Secretary of State if required, by regular mail, certified mail [.
If certified mail is used, the date of mailing] , facsimile machine or
electronic means. A report shall be deemed [the date of filing.
5. County clerks who receive from candidates for
legislative or judicial office, except the office of justice of the peace or
municipal judge, reports of campaign expenses pursuant to subsection 4 shall
file a copy of each report with the Secretary of State within 10 working days
after he receives the report.
6. The forms designed and provided by the Secretary
of State for the reporting of campaign expenses pursuant to this section must
be designed to be used by a candidate to record in the form of a list each
campaign expense as he incurs it.] to be filed with the filing officer
or the Secretary of State:
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On the date that it was received by the filing officer or the Secretary of State if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.
7. A report that is mailed or transmitted pursuant to subsection 6 in a timely manner to the wrong filing officer shall be deemed to be timely filed.”.
Amend sec. 9, page 16, by deleting lines 36 and 37 and inserting: “in excess of $100 on the form set forth in section 2 of this act provided by the filing officer. The form must”.
Amend sec. 9, page 17, lines 17 and 18, by deleting: “[and
(c) The” and inserting: “and
(c) [The”.
Amend sec. 9, page 17, line 22, by deleting “(c)”.
Amend sec. 9, page 17, by deleting lines 25 through 34
and inserting: “that year, report each expenditure made during the
period on behalf of [a candidate or] the candidate, the group of
candidates or a candidate in the group of candidates in excess of $100
on [forms designed and] the form set forth in section 2 of this act provided
by the [Secretary of State and] filing officer. The form must be signed
by the”.
Amend sec. 9, page 18, line 7, after “election;” by inserting “and”.
Amend sec. 9, page 18, by deleting lines 11 through 16 and inserting: “the general election or general city election,”.
Amend sec. 9, page 18, by deleting lines 19 and 20 and inserting: “candidates in excess of $100 on the form set forth in section 2 of this act provided by the filing officer. The form”.
Amend sec. 9, page 18, by deleting lines 36 and 37 and inserting: “candidates in excess of $100 on the form set forth in section 2 of this act provided by the filing officer. The form”.
Amend sec. 9, page 19, by deleting lines 1 and 2 and inserting: “excess of $100 on the form set forth in section 2 of this act provided by the filing officer and signed by the person”.
Amend sec. 9, page 19, by deleting lines 21 through 43 and inserting:
“7. The reports must be filed with :
(a) If the candidate is elected from one county, the county clerk of that county and the Secretary of State;
(b) If the candidate is elected from one city, the city clerk of that city and the Secretary of State; or
(c) If the candidate is elected from more than one county or city, the Secretary of State.
8. If an expenditure is made on behalf of a
group of candidates, the reports must be [made to the officer appropriate
for each candidate and] itemized by the candidate. A person may [make]
mail or transmit his report to the appropriate filing officer ,
and the Secretary of State if required, by regular mail, certified
mail [. If certified mail is used, the date of mailing] , facsimile
machine or electronic means. A report shall be deemed [the date of
filing.
4. Each county clerk or city clerk who receives a
report pursuant to subsection 3 shall file a copy of the report with the
Secretary of State within 10 working days after he receives the report.
5. The forms designed and provided by the Secretary
of State for the reporting of expenditures pursuant to this section must be
designed to be used by the person or representative of the group to record in
the form of a list each expenditure as it is made.] to be filed with the
filing officer or the Secretary of State:
(a) On the date that it was mailed if it was sent by certified mail; or
(b) On the date that it was received by the filing officer or the Secretary of State if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.
9. A report that is mailed or transmitted pursuant to subsection 7 in a timely manner to the wrong filing officer shall be deemed to be timely filed.
10. Every person, committee or political party described in”.
Amend sec. 10, page 20, by deleting lines 13 and 14 and inserting: “on the form set forth in section 2 of this act provided by the filing officer. The form must be signed by the”.
Amend sec. 10, page 21, lines 2 and 3, by deleting: “[and
(c) The” and inserting: “and
(c) [The”.
Amend sec. 10, page 21, line 6, by deleting “(c)”.
Amend sec. 10, page 21, by deleting lines 9 through 13 and inserting: “that July 15,”.
Amend sec. 10, page 21, by deleting lines 17 and 18 and
inserting: “on the form [designed and] set forth in section 2 of this
act provided by the [Secretary of State] filing officer and
signed by the”.
Amend sec. 10, page 21, line 42, after “election;” by inserting “and”.
Amend sec. 10, page 22, by deleting lines 2 through 6 and inserting: “or general city election,”.
Amend sec. 10, page 22, by deleting lines 10 and 11 and inserting: “set forth in section 2 of this act provided by the filing officer. The form must be signed by the person or a”.
Amend sec. 10, page 22, by deleting lines 25 and 26 and inserting: “set forth in section 2 of this act provided by the filing officer. The form must be signed by the person or a”.
Amend sec. 10, page 22, by deleting lines 34 and 35 and inserting: “the ballot in excess of $100 on the form set forth in section 2 of this act provided by the filing officer and signed”.
Amend sec. 10, page 23, by deleting lines 9 through 14 and inserting:
“7. The reports required pursuant to this section must be filed with :
(a) If the question is submitted to the voters of one county, the county clerk of that county and the Secretary of State;
(b) If the question is submitted to the voters of one city, the city clerk of that city and the Secretary of State; or
(c) If the question is submitted to the voters of more than one county or city, the Secretary of State.
8. If an expenditure is made on behalf of a
group of questions, the reports [must be made to the officer appropriate for
each question and] must be itemized by question. A person may [make]
mail or transmit his report to the appropriate filing officer or the
Secretary of State if required, by regular mail, certified mail [.
If certified mail is used, the date of mailing] , facsimile machine or
electronic means. A report shall be deemed”.
Amend sec. 10, page 23, line 24, after “with” by inserting: “the filing officer or”.
Amend sec. 10, page 23, by deleting lines 27 through 33 and inserting:
“(b) On the date that it was received by the filing officer or the Secretary of State if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.”.
Amend the bill as a whole by deleting sec. 11 and renumbering sections 12 through 14 as sections 11 through 13.
Amend sec. 12, page 24, by deleting lines 24 and 25 and
inserting: “excess of $100 on [a] the form set forth in
section 2 of this act provided by the [Secretary of State and] filing
officer. The form”.
Amend sec. 12, page 24, by deleting lines 43 and 44 and
inserting: “of State. The committee may mail or transmit the report by regular
mail, certified mail [. If certified mail is used, the date of mailing]
, facsimile machine or electronic means. A report shall be deemed”.
Amend sec. 12, page 25, by deleting line 4 and inserting: “the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.”.
Amend sec. 13, page 25, by deleting lines 25 and 26 and
inserting: “$100 on [a] the form set forth in section 2 of
this act provided by the [Secretary of State and] filing officer.
The form must be”.
Amend sec. 13, page 26, by deleting lines 2 and 3 and
inserting: “of State. The committee may mail or transmit the report to
the Secretary of State by regular mail, certified mail [. If
certified mail is used, the date of mailing] , facsimile machine or
electronic means.”.
Amend sec. 13, page 26, by deleting line 13 and inserting: “the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.”.
Amend sec. 14, page 26, by deleting lines 19 and 20 and inserting: “offices not later than January 15 of each year, for the period from”.
Amend sec. 14, page 26, line 44, by deleting “[and”
and inserting “and”.
Amend sec. 14, page 27, line 1, by deleting “[(c) The]”
and inserting “(c) [The”.
Amend sec. 14, page 27, line 5, by deleting “(c)”.
Amend sec. 14, page 27, by deleting lines 7 through 10 and inserting: “through the June 30 of that year.”
Amend sec. 14, page 27, line 20, after “election;” by inserting “and”.
Amend sec. 14, page 27, by deleting lines 23 through 27 and inserting: “through 12 days before the general city election.”.
Amend the bill as a whole by adding a new section designated sec. 14, following sec. 14, to read as follows:
“Sec. 14. NRS 294A.362 is hereby amended to read as follows:
294A.362 1. In addition to [filing the forms
designed and provided by the Secretary of State] reporting information pursuant
to NRS 294A.120, [294A.125 and 294A.200, or the forms designed and provided
by a city clerk pursuant to NRS 294A.360, as appropriate,] 294A.200 and
294A.360, each candidate who is required to file a report of campaign
contributions and expenses pursuant to NRS 294A.120, [294A.125,]
294A.200 or 294A.360 shall [file a separate form relating only to] report
on the form set forth in section 2 of this act provided by the filing officer goods
and services provided in kind for which money would otherwise have been paid.
The candidate shall list on the form each such campaign contribution he
receives and each expense in excess of $100 he incurs during the reporting
period.
2. [The Secretary of State shall design the form
described in subsection 1 for each candidate who is required to use the form to
file a report pursuant to NRS 294A.120, 294A.125 or 294A.200. The city clerk
shall design the form described in subsection 1 for each candidate who is
required to use the form to file a report pursuant to NRS 294A.360. The city
clerk shall submit the form to the Secretary of State for approval. The city
clerk shall not use such a form until it is approved. The Secretary of State
and each city clerk shall design the format of the form described in subsection
1 so that a candidate who uses the form may record in the form a list of each
such campaign contribution as the contribution is received and expense in
excess of $100 as it is incurred.
3.] The Secretary of State and each city clerk
shall not require a candidate to list the campaign contributions and expenses
described in this section on any form other than [a form designed and
provided pursuant to this section.
4. Upon request, the Secretary of State shall
provide a copy of the form described in subsection 1 to each candidate who is
required to file a report of his campaign contributions and expenses pursuant
to NRS 294A.120, 294A.125 or 294A.200. Upon request, each city clerk shall
provide a copy of the form described in subsection 1 to each candidate who is
required to file a report of his campaign contributions and expenses pursuant to
NRS 294A.360.] the form set forth in section 2 of this act.”.
Amend sec. 15, page 28, line 20, by deleting “294A.125
and” and inserting “[294A.125 and]”.
Amend sec. 15, page 28, by deleting lines 30 through 38 and inserting:
“(d) Expenses related to advertising;”.
Amend the bill as a whole by renumbering sec. 16 as sec. 17 and adding a new section designated sec. 16, following sec. 15, to read as follows:
“Sec. 16. NRS 294A.380 is hereby amended to read as follows:
294A.380 1. The Secretary of State may adopt and
promulgate regulations [, prescribe forms in accordance with the provisions
of this chapter] and take such other actions as are necessary for the
implementation and effective administration of the provisions of this chapter.
2. For the purposes of implementing and administering the provisions of this chapter regulating committees for political action:
(a) The Secretary of State shall, in determining whether an entity or group is a committee for political action, consider a group’s or entity’s division or separation into units, sections or smaller groups only if it appears that such division or separation was for a purpose other than for avoiding the reporting requirements of this chapter.
(b) The Secretary of State shall, in determining whether an entity or group is a committee for political action, disregard any action taken by a group or entity that would otherwise constitute a committee for political action if it appears such action is taken for the purpose of avoiding the reporting requirements of this chapter.”.
Amend sec. 16, page 29, by deleting line 28 and
inserting: “294A.420 must be [printed on the forms.] developed by the
Secretary of State and provided upon request. The candidate or entity”.
Amend the bill as a whole by deleting sec. 17.
Amend sec. 18, page 30, lines 16 and 17 by deleting
“294A.170, [294A.180,]” and inserting “[294A.170, 294A.180,]”.
Amend the bill as a whole by deleting sections 19 and 20 and renumbering sections 21 and 22 as sections 19 and 20.
Amend sec. 21, page 31, line 12, by deleting “1.”
and inserting:
“Chapter 281 of NRS is hereby amended by adding thereto a new section to read
as follows:
1.”.
Amend sec. 21, page 31, line 18, after “elected” by inserting “or appointed”.
Amend sec. 21, page 32, by deleting lines 18 through 24 and inserting:
“6. A statement of financial disclosure shall be deemed to be”.
Amend sec. 21, page 32, by deleting line 29 and inserting: “statement was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.”.
Amend sec. 22, page 32, lines 31 and 32 by deleting: “sections 20 and 21” and inserting: “section 19”.
Amend the bill as a whole by adding new sections designated sections 21 and 22, following sec. 22, to read as follows:
“Sec. 21. NRS 281.501 is hereby amended to read as follows:
281.501 1. Except as otherwise provided in subsection 2 or 3, a public officer may vote upon a matter if the benefit or detriment accruing to him as a result of the decision either individually or in a representative capacity as a member of a general business, profession, occupation or group is not greater than that accruing to any other member of the general business, profession, occupation or group.
2. In addition to the requirements of the code of ethical standards, a public officer shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by:
(a) His acceptance of a gift or loan;
(b) His pecuniary interest; or
(c) His commitment in a private capacity to the interests of others.
It must be presumed that the independence of judgment of a reasonable person would not be materially affected by his pecuniary interest or his commitment in a private capacity to the interests of others where the resulting benefit or detriment accruing to him or to the other persons whose interests to which the member is committed in a private capacity is not greater than that accruing to any other member of the general business, profession, occupation or group. The presumption set forth in this subsection does not affect the applicability of the requirements set forth in subsection 3 relating to the disclosure of the pecuniary interest or commitment in a private capacity to the interests of others.
3. A public officer or employee shall not approve, disapprove, vote, abstain from voting or otherwise act upon any matter:
(a) Regarding which he has accepted a gift or loan;
(b) Which would reasonably be affected by his commitment in a private capacity to the interest of others; or
(c) In which he has a pecuniary interest, without
disclosing sufficient information concerning the gift, loan, commitment or
interest to inform the public of the potential effect of the action or
abstention upon the person who provided the gift or loan, upon the person to
whom he has a commitment, or upon his interest. Except as otherwise provided in
subsection 6, such a disclosure must be made at the time the matter is
considered. If the officer or employee is a member of a body which makes
decisions, he shall make the disclosure in public to the Chairman and other
members of the body. If the officer or employee is not a member of such a body
and holds an appointive office, he shall make the disclosure to the supervisory
head of his organization or, if he holds an elective office, to the general
public in the area from which he is elected. This subsection does not require a
public officer to disclose any campaign contributions that the public officer
reported pursuant to NRS 294A.120 [or 294A.125] in a timely manner.
4. If a public officer declares to the body or committee in which the vote is to be taken that he will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule, is reduced as though the member abstaining were not a member of the body or committee.
5. If a public officer is voting on a matter which affects public employees, he shall make a full public disclosure of any personal pecuniary interest which he may have in the matter.
6. After a member of the Legislature makes a disclosure pursuant to subsection 3, he may file with the Director of the Legislative Counsel Bureau a written statement of his disclosure. The written statement must designate the matter to which the disclosure applies. After a Legislator files a written statement pursuant to this subsection, he is not required to disclose orally his interest when the matter is further considered by the Legislature or any committee thereof. A written statement of disclosure is a public record and must be made available for inspection by the public during the regular office hours of the Legislative Counsel Bureau.
7. The provisions of this section do not, under any circumstances:
(a) Prohibit a member of the legislative branch from requesting or introducing a legislative measure; or
(b) Require a member of the legislative branch to take any particular action before or while requesting or introducing a legislative measure.
8. As used in this section, “commitment in a private capacity to the interests of others” means a commitment to a person:
(a) Who is a member of his household;
(b) Who is related to him by blood, adoption or marriage within the third degree of consanguinity or affinity;
(c) Who employs him or a member of his household;
(d) With whom he has a substantial and continuing business relationship; or
(e) Any other commitment or relationship that is substantially similar to a commitment or relationship described in this subsection.
Sec. 22. NRS 281.552 is hereby amended to read as follows:
281.552 1. Every public officer shall acknowledge that he has received, read and understands the statutory ethical standards. The acknowledgment must be on a form prescribed by the Commission and must accompany the first statement of financial disclosure that the public officer is required to file with the Commission pursuant to section 19 of this act or the Secretary of State pursuant to NRS 281.561.
2. The Commission and the Secretary of State shall retain an acknowledgment filed pursuant to this section for 6 years after the date on which the acknowledgment was filed.
3. Willful refusal to execute and file the acknowledgment required by this section constitutes nonfeasance in office and is a ground for removal pursuant to NRS 283.440.”.
Amend sec. 23, page 32, line 36, after “office” by inserting: “will be entitled to receive compensation for serving in the office that he is seeking”.
Amend sec. 23, page 33, by deleting lines 34 through 41 and inserting:
“3. A statement of financial disclosure shall be deemed to be”.
Amend sec. 23, page 34, by deleting lines 2 through 7 and inserting: “the statement was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.
4. The statement of financial disclosure filed pursuant to this section must be filed on the form set forth in section 2 of this act provided by the filing officer.
5. A statement of financial disclosure that is mailed or transmitted pursuant to subsection 3 in a timely manner to the wrong filing officer shall be deemed to be timely filed.”.
Amend the bill as a whole by deleting sec. 24, renumbering sections 25 through 28 as sections 26 through 29 and adding new sections designated sections 24 and 25, following sec. 24, to read as follows:
“Sec. 24. NRS 281.573 is hereby amended to read as follows:
281.573 1. Except as otherwise provided in subsection 2, statements of financial disclosure required by the provisions of NRS 281.561 and 281.571 and section 19 of this act must be retained by the Commission, Secretary of State, county clerk and city clerk for 6 years after the date of filing.
2. For public officers who serve more than one term in either the same public office or more than one public office, the period prescribed in subsection 1 begins on the date of the filing of the last statement of financial disclosure for the last public office held.
Sec. 25. NRS 281.575 is hereby amended to read as follows:
281.575 The Secretary of State and each county or city
clerk who receives from a candidate for public office a declaration of
candidacy, acceptance of candidacy or certificate of candidacy shall give to
the candidate the form [prescribed by the Commission] set forth in
section 2 of this act for the making of a statement of financial disclosure,
accompanied by instructions on how to complete the form, where it must be filed
and the time by which it must be filed.”.
Amend sec. 25, pages 35 and 36, by deleting lines 28 through 43 on page 35 and lines 1 through 16 on page 36 and inserting:
“Sec. 26. NRS 281.581 is hereby amended to read as follows:
281.581 1. [A] If the Secretary of State
receives information that a candidate for public office or public officer [who
fails to file] has not filed his statement of financial disclosure
in a timely manner pursuant to
NRS 281.561 or section 19 of this act, the Secretary of State may, after
giving notice to that person or entity, cause the appropriate proceedings to be
instituted in the First Judicial District Court.
2. Except as otherwise provided in this section, a
candidate for public office or public officer who fails to file his statement
of financial disclosure in a timely manner pursuant to NRS 281.561 or section
19 of this act is subject to a civil penalty of not more than $5,000 for
each violation and payment of court costs and attorney’s fees. [Except
as otherwise provided in subsection 3, the] The civil penalty must be
recovered in a civil action brought in the name of the State of Nevada by the
Secretary of State in the First Judicial District Court and deposited by the
Secretary of State for credit to the State General Fund in the bank designated
by the State Treasurer.
3. The amount of the civil penalty is:
(a) If the statement is filed not more than 7 days late, $25 for each day the statement is late.
(b) If the statement is filed more than 7 days late
but not more than 15 days late, [$175 for the first 7 days, plus]
$50 for each [additional] day the statement is late.
(c) If the statement is filed more than 15 days
late, [$575 for the first 15 days, plus] $100 for each [additional]
day the statement is late.
[2. The Commission may, for]
4. For good cause shown, the Secretary of
State may waive [or reduce the civil penalty.
3. The civil penalty imposed for a violation of this
section must not exceed the annual compensation for the office for which the
statement was filed.
4. The civil penalty must be recovered in a civil
action brought in the name of the State of Nevada by the Commission in a court
of competent jurisdiction and deposited by the Commission in the account for
credit to the State General Fund in the bank designated by the State Treasurer.
5. If the Commission] a civil penalty that
would otherwise be imposed pursuant to this section. If the Secretary of State waives
a civil penalty pursuant to [subsection 2, the Commission] this
subsection, the Secretary of State shall:
(a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and
(b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.”.
Amend sec. 26, page 36, line 17, by deleting “294A.180 is” and inserting:
“294A.125, 294A.170 and 294A.180 are”.
Amend the text of repealed sections by adding the text of NRS 294A.125 and 294A.170.
Amend the title of the bill by deleting the first, second and third lines and inserting:
“AN ACT relating to elections; establishing the general form used for reporting campaign contributions and expenditures and certain statements of financial disclosure; eliminating the requirement to report campaign expenses and expenditures that have been contracted for but not paid during a reporting period; revising the dates for”.
Assemblyman Conklin moved the adoption of the amendment.
Remarks by Assemblymen Conklin, Beers, and Giunchigliani.
Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 10:39 a.m.
ASSEMBLY IN SESSION
At 12:40 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bills Nos. 125, 157, 213, 214, 358, 369, 393, 398, 401, 453, 490, 499, 502, and 541 be taken from their position on the General File and placed at the bottom of the General File.
Motion carried.
Notice of Exemption
April 22, 2003
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bill No. 200.
|
Mark Stevens |
|
Fiscal Analysis Division |
general file and third reading
Assembly Bill No. 91.
Bill read third time.
Roll call on Assembly Bill No. 91:
Yeas—42.
Nays—None.
Assembly Bill No. 91 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 168.
Bill read third time.
Remarks by Assemblyman Horne.
Potential conflict of interest declared by Assemblyman Horne.
Roll call on Assembly Bill No. 168:
Yeas—42.
Nays—None.
Assembly Bill No. 168 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 174.
Bill read third time.
Roll call on Assembly Bill No. 174:
Yeas—34.
Nays—Angle, Beers, Brown, Christensen, Gustavson, Knecht, Mabey, Sherer—8.
Assembly Bill No. 174 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 185.
Bill read third time.
Remarks by Assemblymen Horne and Goldwater.
Potential conflict of interest declared by Assemblyman Horne.
Roll call on Assembly Bill No. 185:
Yeas—42.
Nays—None.
Assembly Bill No. 185 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 196.
Bill read third time.
Roll call on Assembly Bill No. 196:
Yeas—42.
Nays—None.
Assembly Bill No. 196 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 200
Bill read third time.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Arberry moved that Assembly Bill No. 200 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.
general file and third reading
Assembly Bill No. 208.
Bill read third time.
Remarks by Assemblyman Goicoechea.
Roll call on Assembly Bill No. 208:
Yeas—42.
Nays—None.
Assembly Bill No. 208 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 215.
Bill read third time.
Remarks by Assemblymen Hettrick and Goldwater.
Roll call on Assembly Bill No. 215:
Yeas—42.
Nays—None.
Assembly Bill No. 215 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 220.
Bill read third time.
Remarks by Assemblyman Brown.
Potential conflict of interest declared by Assemblyman Brown.
Roll call on Assembly Bill No. 220:
Yeas—41.
Nays—Carpenter.
Assembly Bill No. 220 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 223.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Assembly Bill No. 223:
Yeas—42.
Nays—None.
Assembly Bill No. 223 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 237.
Bill read third time.
Remarks by Assemblyman Geddes.
Roll call on Assembly Bill No. 237:
Yeas—40.
Nays—Angle, Sherer—2.
Assembly Bill No. 237 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 239.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Assembly Bill No. 239:
Yeas—42.
Nays—None.
Assembly Bill No. 239 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 246.
Bill read third time.
Roll call on Assembly Bill No. 246:
Yeas—42.
Nays—None.
Assembly Bill No. 246 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 275.
Bill read third time.
Roll call on Assembly Bill No. 275:
Yeas—42.
Nays—None.
Assembly Bill No. 275 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 295.
Bill read third time.
Roll call on Assembly Bill No. 295:
Yeas—41.
Nays—McCleary.
Assembly Bill No. 295 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 296.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 296:
Yeas—42.
Nays—None.
Assembly Bill No. 296 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 304.
Bill read third time.
Roll call on Assembly Bill No. 304:
Yeas—42.
Nays—None.
Assembly Bill No. 304 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 316.
Bill read third time.
Remarks by Assemblyman Brown.
Potential conflict of interest declared by Assemblyman Brown.
Roll call on Assembly Bill No. 316:
Yeas—40.
Nays—Angle, Christensen—2.
Assembly Bill No. 316 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 320.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 320:
Yeas—42.
Nays—None.
Assembly Bill No. 320 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 326.
Bill read third time.
Roll call on Assembly Bill No. 326:
Yeas—42.
Nays—None.
Assembly Bill No. 326 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 343.
Bill read third time.
Roll call on Assembly Bill No. 343:
Yeas—42.
Nays—None.
Assembly Bill No. 343 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 344.
Bill read third time.
Roll call on Assembly Bill No. 344:
Yeas—42.
Nays—None.
Assembly Bill No. 344 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 348.
Bill read third time.
Roll call on Assembly Bill No. 348:
Yeas—42.
Nays—None.
Assembly Bill No. 348 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bills ordered transmitted to the Senate.
Assembly Bill No. 355.
Bill read third time.
Roll call on Assembly Bill No. 355:
Yeas—42.
Nays—None.
Assembly Bill No. 355 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 356.
Bill read third time.
Roll call on Assembly Bill No. 356:
Yeas—30.
Nays—Andonov, Angle, Beers, Brown, Goicoechea, Gustavson, Hettrick, Knecht, Mabey, Marvel, Sherer, Weber—12.
Assembly Bill No. 356 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 367.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Assembly Bill No. 367:
Yeas—42.
Nays—None.
Assembly Bill No. 367 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 375.
Bill read third time.
Remarks by Assemblymen Horne, Giunchigliani, Beers, and Brown.
Roll call on Assembly Bill No. 375:
Yeas—42.
Nays—None.
Assembly Bill No. 375 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 384.
Bill read third time.
Roll call on Assembly Bill No. 384:
Yeas—39.
Nays—Angle, Gustavson, Weber—3.
Assembly Bill No. 384 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Knecht moved that Assembly Bill No. 415 be taken from the General File and placed on the Chief Clerk’s desk.
Motion carried.
general file and third reading
Assembly Bill No. 390.
Bill read third time.
Roll call on Assembly Bill No. 390:
Yeas—42.
Nays—None.
Assembly Bill No. 390 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 405.
Bill read third time.
Roll call on Assembly Bill No. 405:
Yeas—42.
Nays—None.
Assembly Bill No. 405 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 417.
Bill read third time.
Roll call on Assembly Bill No. 417:
Yeas—42.
Nays—None.
Assembly Bill No. 417 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Arberry moved that Assembly Bill No. 516 be taken from the General File and re-referred to the Committee on Ways and Means.
Remarks by Assemblyman Arberry.
Motion carried.
general file and third reading
Assembly Bill No. 427.
Bill read third time.
Remarks by Assemblymen Hettrick, Buckley, and Anderson.
Roll call on Assembly Bill No. 427:
Yeas—28.
Nays—Anderson, Atkinson, Buckley, Chowning, Conklin, Giunchigliani, Goldwater, Horne, Koivisto, Leslie, Mortenson, Oceguera, Ohrenschall, Perkins—14.
Assembly Bill No. 427 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 431.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 431:
Yeas—39.
Nays—Angle, Gustavson, Knecht—3.
Assembly Bill No. 431 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 432.
Bill read third time.
Roll call on Assembly Bill No. 432:
Yeas—42.
Nays—None.
Assembly Bill No. 432 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 452.
Bill read third time.
Roll call on Assembly Bill No. 452:
Yeas—40.
Nays—Angle, Gustavson—2.
Assembly Bill No. 452 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
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 1:45 p.m.
ASSEMBLY IN SESSION
At 2:05 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Manendo moved that Assembly Bill No. 398 be taken from the General File and placed at the top of the General File.
Remarks by Assemblyman Manendo.
Motion carried.
general file and third reading
Assembly Bill No. 398.
Bill read third time.
The following amendment was proposed by Assemblymen Leslie and Geddes:
Amendment No. 553.
Amend sec. 10, page 5, line 43, by deleting “20” and inserting “4”.
Amend sec. 24, page 13, line 2, by deleting “20” and inserting “4”.
Assemblywoman Leslie moved the adoption of the amendment.
Remarks by Assemblywoman Leslie.
Amendment adopted.
Bill ordered reprinted, re-engrossed, and to third reading.
Assembly Bill No. 484.
Bill read third time.
Remarks by Assemblymen Christensen and McCleary.
Roll call on Assembly Bill No. 484:
Yeas—14.
Nays—Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Conklin, Geddes, Giunchigliani, Goicoechea, Grady, Gustavson, Hardy, Hettrick, Horne, Knecht, Leslie, Mabey, McCleary, Mortenson, Oceguera, Perkins, Sherer, Weber—28.
Assembly Bill No. 484 having failed to receive a constitutional majority, Mr. Speaker declared it lost.
Assembly Bill No. 485.
Bill read third time.
Roll call on Assembly Bill No. 485:
Yeas—42.
Nays—None.
Assembly Bill No. 485 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 495
Bill read third time.
Remarks by Assemblyman Horne.
Potential conflict of interest declared by Assemblyman Horne.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 2:12 p.m.
ASSEMBLY IN SESSION
At 2:18 p.m.
Mr. Speaker presiding.
Quorum present.
Roll call on Assembly Bill No. 495:
Yeas—42.
Nays—None.
Assembly Bill No. 495 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 498.
Bill read third time.
Roll call on Assembly Bill No. 498:
Yeas—40.
Nays—Gustavson.
Not Voting—Carpenter.
Assembly Bill No. 498 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 503.
Bill read third time.
Roll call on Assembly Bill No. 503:
Yeas—20.
Nays—Andonov, Angle, Beers, Brown, Carpenter, Chowning, Christensen, Claborn, Gibbons, Goicoechea, Grady, Griffin, Gustavson, Hardy, Hettrick, Knecht, Mabey, Marvel, McCleary, Oceguera, Sherer, Weber—22.
Assembly Bill No. 503 having
failed to receive a two-thirds majority,
Mr. Speaker declared it lost.
Assembly Bill No. 512.
Bill read third time.
Roll call on Assembly Bill No. 512:
Yeas—39.
Nays—Angle, Gustavson, Knecht—3.
Assembly Bill No. 512 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 514.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Assembly Bill No. 514:
Yeas—37.
Nays—Angle, Beers, Gustavson, Knecht, Mabey—5.
Assembly Bill No. 514 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 522.
Bill read third time.
Roll call on Assembly Bill No. 522:
Yeas—42.
Nays—None.
Assembly Bill No. 522 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 510.
Bill read third time.
Roll call on Assembly Bill No. 510:
Yeas—42.
Nays—None.
Assembly Bill No. 510 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 125.
Bill read third time.
Roll call on Assembly Bill No. 125:
Yeas—42.
Nays—None.
Assembly Bill No. 125 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 157.
Bill read third time.
Roll call on Assembly Bill No. 157:
Yeas—42.
Nays—None.
Assembly Bill No. 157 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 213.
Bill read third time.
Roll call on Assembly Bill No. 213:
Yeas—42.
Nays—None.
Assembly Bill No. 213 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 214.
Bill read third time.
Roll call on Assembly Bill No. 214:
Yeas—42.
Nays—None.
Assembly Bill No. 214 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Goldwater moved that Assembly Bill No. 401 be taken from the General File and placed on the Chief Clerk’s desk.
Remarks by Assemblyman Goldwater.
Motion carried.
general file and third reading
Assembly Bill No. 358.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Assembly Bill No. 358:
Yeas—37.
Nays—Angle, Beers, Collins, Gibbons, Gustavson—5.
Assembly Bill No. 358 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 369.
Bill read third time.
Roll call on Assembly Bill No. 369:
Yeas—42.
Nays—None.
Assembly Bill No. 369 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 393.
Bill read third time.
Remarks by Assemblyman Brown.
Potential conflict of interest declared by Assemblyman Brown.
Roll call on Assembly Bill No. 393:
Yeas—42.
Nays—None.
Assembly Bill No. 393 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 453.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 453:
Yeas—40.
Nays—Angle, Gustavson—2.
Assembly Bill No. 453 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 490.
Bill read third time.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 2:41 p.m.
ASSEMBLY IN SESSION
At 2:43 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Goldwater moved that Assembly Bill No. 490 be taken from the General File and placed at the bottom of the General File.
Remarks by Assemblyman Goldwater.
Motion carried.
general file and third reading
Assembly Bill No. 499.
Bill read third time.
Roll call on Assembly Bill No. 499:
Yeas—42.
Nays—None.
Assembly Bill No. 499 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 502.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 502:
Yeas—31.
Nays—Andonov, Angle, Beers, Christensen, Geddes, Grady, Gustavson, Hardy, Knecht, Mabey, Weber—11.
Assembly Bill No. 502 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 541.
Bill read third time.
Roll call on Assembly Bill No. 541:
Yeas—41.
Nays—Angle.
Assembly Bill No. 541 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bills Nos. 398 and 429 just returned from the printer, be placed at the top of the General File.
Motion carried.
general file and third reading
Assembly Bill No. 398.
Bill read third time.
Remarks by Assemblyman Geddes.
Roll call on Assembly Bill No. 398:
Yeas—42.
Nays—None.
Assembly Bill No. 398 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 429.
Bill read third time.
Roll call on Assembly Bill No. 429:
Yeas—42.
Nays—None.
Assembly Bill No. 429 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
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 2:53 p.m.
ASSEMBLY IN SESSION
At 3:09 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bill No. 244 just returned from the printer, be placed at the top of the General File.
Motion carried.
general file and third reading
Assembly Bill No. 244.
Bill read third time.
The following amendment was proposed by Assemblyman Collins:
Amendment No. 555.
Amend section 1, pages 2 and 3, by deleting lines 42 through 44 on page 2 and lines 1 through 5 on page 3, and inserting: “governing body determines that a rural preservation neighborhood no longer meets the requirements of subsection 1,”.
Assemblyman Collins moved the adoption of the amendment.
Remarks by Assemblyman Collins.
Amendment adopted.
Bill ordered reprinted, re-engrossed, and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Arberry moved that Assembly Bill No. 490 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.
Assemblywoman Buckley moved that all rules be suspended and that Assembly Bill No. 529 be declared an emergency measure under the Constitution and placed on third reading and final passage.
Motion carried unanimously.
general file and third reading
Assembly Bill No. 529.
Bill read third time.
Roll call on Assembly Bill No. 529:
Yeas—41.
Nays—Angle.
Assembly Bill No. 529 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
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 3:14 p.m.
ASSEMBLY IN SESSION
At 3:21 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bill No. 244 just returned from the printer, be placed on the General File.
Motion carried.
Assemblyman Goldwater moved that Assembly Bill No. 401 be taken from the Chief Clerk’s desk and placed on the General File.
Motion carried.
general file and third reading
Assembly Bill No. 244.
Bill read third time.
Remarks by Assemblyman Collins.
Roll call on Assembly Bill No. 244:
Yeas—40.
Nays—Goldwater, McCleary—2.
Assembly Bill No. 244 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 401.
Bill read third time.
Roll call on Assembly Bill No. 401:
Yeas—34.
Nays—Angle, Chowning, Gibbons, Giunchigliani, Gustavson, Koivisto, Leslie, Manendo—8.
Assembly Bill No. 401 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
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 Ashley Keenan and
Katie Keenan.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Grover Norquist.
On request of Assemblyman Conklin, the privilege of the floor of the Assembly Chamber for this day was extended to Cindy Nurenburg.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Anne Crews, John Webb, Brian Harrison, and Josephine Mills.
On request of Assemblyman
Goicoechea, the privilege of the floor of the Assembly Chamber for this day was
extended to Faun Dixon and
Naomi DiMartino.
Assemblywoman Buckley moved that the Assembly adjourn until Thursday, April 24, 2003, at 11:00 a.m.
Motion carried.
Assembly adjourned at 3:28 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon