Carson City (Thursday), June 12, 1997

Assembly called to order at 11:05 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Rabbi Myra Soifer.
From the Jewish tradition, a prayer for an assembly convened for the benefit of the community: Baruch ata Adonai Eloheiny melech HaOlam asher kideshany b'mitzovotaz v'tzivanu la-a-soke b'divrei tzibur. We praise You, Eternal God, Sovereign of the universe, who sanctifies us with divine commandments and commands us to attend to the needs of the community.
It is taught of our greatest prophet Moses that "Everyone who appeals for the needs of the community, it is as if he is endowed with a special force." May you, the members of our state Assembly, perform your duties with a true sense of reverence for the power that indeed is yours. May you weld that poser gently and for only the good. Guided by truths of divine and human greatness, may you indeed "Love your neighbor as yourself." "Love the stranger," and ever be led by the mandate "Justice, justice shalt thou pursue." May your lives and your labors make political reality of the spiritual truth that every citizen of this state and ever constituent of your districts is created in the image of God, is equally beloved by God, and is equally deserving of respect and caring from us: Baruch ata Adonai Eloheiny melech HaOlam asher kideshany b'mitzovotaz v'tzivanu la-a-soke b'divrei tzibur. Praised indeed is the One we call by many names, who commands us to attend to the needs of the community.
May the work of your hands and your hearts be both blessed and a blessing. And together, let us say:

Amen.

Pledge of allegiance to the Flag.

Assemblyman Perkins 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.

Richard Perkins,

Chairman

Mr. Speaker:
Your Committee on Commerce, to which were referred Senate Bills Nos. 369, 370, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Richard Perkins,

Chairman

Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 354, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Christina R. Giunchigliani,

Chairman

Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 563, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 511, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Concurrent Committee on Judiciary, to which were referred Senate Bills Nos. 6, 103, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Bernie Anderson,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 358, 359, 407, 408, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Bernie Anderson,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 247, 258, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson,

Chairman

Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which were referred Assembly Bills Nos. 470, 500, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Marcia de Braga,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 11, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry, Jr.,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 523, 560, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry, Jr.,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which were re-referred Assembly Bills Nos. 47, 343, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry, Jr.,

Chairman

Senate Chamber, Carson City, June 11, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 155, 417, 421.
Also, I have the honor to inform your honorable body that the Senate on this day amended, and passed, as amended, Assembly Bills Nos. 174, 274, 336 and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 42.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly amendments to Senate Bills Nos. 102, 277; Senate Joint Resolution No. 6.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 366.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 266, 312, 341.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly amendments to Senate Bill No. 128; Senate Joint Resolution No. 14.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Chamber, Carson City, June 12, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 49.

Mary Jo Mongelli

Assistant Secretary of the Senate

By the Committee on Elections, Procedures, and Ethics:
Assembly Resolution No. 13--Recognizing the work and contributions of Harold Bradford, whose art work has been exhibited in the Legislative Building.
Whereas, The members of the Nevada Legislature are especially appreciative to have had the opportunity to enjoy the art work created by Harold Bradford that has been on display in the Legislative Building during this legislative session; and
Whereas, Harold Bradford was born and raised in New Orleans, Louisiana, but has called the State of Nevada his home for over 20 years; and
Whereas, The paintings created by Harold Bradford that have been on display in the Legislative Building feature the Buffalo Soldier and depict the contributions that African-Americans made to the early West; and
Whereas, Harold Bradford's goal is to educate his fellow man through his art work by documenting the culture and history of African-Americans in the early West; and
Whereas, For this past year, Harold Bradford has been part of the adjunct faculty for the Clark County Community College, where he instructs students in advanced illustration; and
Whereas, Harold Bradford has participated in many solo and group exhibitions from exhibits at the Stella Vones Gallery in New Orleans, Louisiana, to the Left Center Art Gallery and Studio in Las Vegas, where he currently has an exhibit of his paintings; and
Whereas, Art is a universal medium through which the culture of a nation may be expressed while enriching the lives of those who observe it, and Harold Bradford's works of art exemplify these qualities and foster the excellence and vitality of the fine arts; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of the 69th session of the Nevada Legislature do hereby express their sincere gratitude and appreciation to Harold Bradford for his generosity in loaning his beautiful works of art for display in the Legislative Building during this legislative session; and be it further
Resolved, That the Nevada Legislature has enjoyed viewing Harold Bradford's unique art work and wishes Mr. Bradford continued success in the fine arts; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Mr. Harold Bradford.
Assemblyman Lee moved the adoption of the resolution.
Remarks by Assemblymen Lee and Williams.
Assemblyman Lee requested that the following remarks be entered in the Journal.
Assemblyman Lee:
Thank you, Mr. Speaker. Mr. Harold Bradford has lived in Las Vegas for 20 years. He was born and raised in New Orleans. He's found a home in Las Vegas, and he has spent many, many years in the art industry. He works for Young Electric Sign Company. His art has been displayed all over southern Nevada. His paintings are a tribute to history. You'll see today that there is a display of what he's done. I was very taken. He lives in my district, and I had to have this gentleman come down to be recognized for this beautiful art.
In most cases when you look at art, you can't really figure out what it is saying, but in Mr. Bradford's case, you become a part of the art as you view it.
Mr. Speaker, thank you very much for honoring Mr. Bradford today.
Assemblyman Williams:
Thank you, Mr. Speaker. I, too, rise in support of Assembly Resolution 13. Mr. Bradford and I both came from the same state and moved to Las Vegas at the same time, so we've known each other for some time.
The work that we've seen in our legislative halls depicts some of the contributions, exploits and deeds of African-Americans throughout the West. It is just a small indication of the wide variety of work Mr. Bradford has done throughout his life on many subjects and in many areas. I've told him how much I've appreciated some of his work and tried to hint that maybe he could donate or give one of his paintings to me, but it's been 20 years now, and I still haven't gotten one. But I'll keep trying.
I think we should take advantage of every available opportunity to recognize and acknowledge the work of Nevadans who contribute to the betterment of our state. This is a worthwhile resolution, and I urge my colleagues to adopt it. Thank you.
Assemblyman Lee:
I am indeed grateful to have Mr. Bradford here with me today. We share a lot--we're both tall, sensitive, Renaissance men, and we've bonded quite well together. He is quite a big athlete and played football at Washington State. Mr. Bradford has just returned from Portland, where he took part in graduation ceremonies.
I'd like to present this resolution to Mr. Bradford and thank him for putting together, in his rough world, something of the beauty that makes us stop for a minute, smile, and realize that the world is still a pretty place to be. Thank you, Mr. Speaker.
Resolution adopted.

Assembly Concurrent Resolution No. 36.
Assemblywoman Evans moved the adoption of the resolution.
Remarks by Assemblymen Evans and Freeman.
Resolution adopted.
Assemblywoman Evans moved that all rules be suspended and that Assembly Concurrent Resolution No. 36 be immediately transmitted to the Senate.
Motion carried unanimously.

Senate Concurrent Resolution No. 49.
Assemblyman Anderson moved the adoption of the resolution.
Remarks by Assemblymen Anderson, Ernaut, Humke, Dini and Segerblom.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblyman Anderson:
Thank you, Mr. Speaker. This resolution speaks softly of a man of great wit and power whose eloquent writings have thrown a long shadow over the lives of many people.
Well over 40 years ago, my brother was a string writer for the Nevada State Journal, a morning newspaper in our area for which Mr. Cobb was the sports editor. As a young man, I sometimes accompanied my brother when he covered news stories, and that is how I first met Mr. Cobb. I again met Ty Cobb as a young freshman at the University, when I pledged to the same fraternity of which his son, Ty Cobb, Jr., was the president, or eminent commander.
My association with Mr. Cobb over the last 35 years revealed to me a person who cared not only for the athletes of our community, but for all mankind, regardless of their station in life. His commonality of touch clearly shows through his writing; it is the essence of Ty Cobb that reaches and touches all our hearts.
In this resolution, we do well to honor such a man.
Mr. Cobb's father served in this body in the 1930s and subsequently served in the Senate. The Cobb family has left a lasting mark upon the history of this state, and Ty Cobb's two sons and daughter are continuing to carry on that tradition. Tyrus, Jr. was for many years a part of the national administration in terms of security work and is a recognized expert in Russian and Soviet Union relations; he is currently involved in environmental work in Yosemite and the Sierra Crest. Bill Cobb is equally impressive in his legal work.
We do well to honor a man such as Ty Cobb, and this resolution goes only a short way to express my feelings about a man who is such an important part our history.
Assemblyman Ernaut:
Thank you, Mr. Speaker. I feel very flattered and fortunate that I had the chance to know Ty Cobb and to interact with him in many different areas. He was truly a philanthropic man who cared very deeply about his community. As the chairman of the Committee on Judiciary stated, we had a common bond, and that was at the Sigma Nu fraternity house located at the University of Nevada. The Sigma Nu fraternity had a long-standing tradition called the Crumley dinner. Many of you may know the name Crumley from Newt Crumley. It was a tradition that the Crumley family would cook turkeys and bring them to the fraternity house so all the kids who couldn't go home for Thanksgiving would still have Thanksgiving dinner. As the years waned on, there were times when that tradition was beginning to be lost, and it was men like Ty Cobb who saved it, made it whole again, and became a standard fixture for all us young guys who would come each year around December and honor our fraternity and the Crumley family. It was that clash of generations that made it such a neat event.
As I said, Ty Cobb was very much a community leader. He was involved in many different things. He touched my life in a lot of ways. I was able to benefit from a lot of his hard work, from Golden Gloves boxing as a young man, boxing at the University of Nevada in the national tournament that he had created, and playing Babe Ruth in my teens. All of those things were products of Ty's hard work.
As a leader, he certainly used his column at times to chastise the community leaders and talk about things that should be done. The other day I was driving up Skyline Boulevard at the intersection of McCarran and Skyline, which, as my colleague from District 25 knows very well, is probably the most dangerous intersection in Reno. The intersection abuts both of our districts. To the day that he passed, Ty railed on this community to provide a light there before someone was killed. I had to make a stop and give a smile because I looked up and saw workers taking the wrappers off this new traffic light that Ty was instrumental in providing for this community.
Ty was a great man, and I know I speak for many of the people in this Chamber and in the community of Reno when I say that he will be greatly missed.
Assemblyman Humke :
I rise to support SCR 49. My knowledge of Mr. Cobb was through his writing. I did not know him personally, but I would like to say a few words about how his column moved me. He did a neat thing--he listed unusual personalized license plates that he saw around town and that citizens would forward to him. I think he even had a source inside DMV that he would contact to find out the true meaning. You know, those license plates drive you crazy when you see six or seven letters and numbers and you can't tell exactly what they're trying to say. He would interpret those, and that was not a petty, but a worthwhile service for the Truckee Meadows area.
It was said of Mr. Cobb that as the Truckee Meadows grew, his column still retained the small-town flavor, and I thought that was a very important factor for persons such as myself who came to the Truckee Meadows later in life. I was able to gain the flavor of what small-town Reno was like. The editor of the Black Rock Press, which is about to publish a collection of Mr. Cobb's columns and other writings, said simply of him, "He was such a nice man." Life-long friend and fellow Reno Gazette-Journal columnist, Rollan Melton, said simply, "His last written words followed the pattern he had used as a Comstock high school boy. He wrote of people's achievements. This from the most noble achiever, Ty Cobb."
Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:
With the permission of the House, I'd like to say a few words. I met Ty Cobb in 1946 when I was manager of the UNR basketball team. Ty Cobb and Jake Lawlor grew up together and then came off the hill and served in Reno. They were a team and were legends in the Comstock. Speaking on behalf of the people of the Comstock, and especially Virginia City, Ty's death is a great loss. We want to express our appreciation to the family for the fine things their dad did and extend our sympathy to the family.
Assemblywoman Segerblom:
Thank you, Mr. Speaker. I rise in support of SCR 49. My husband went to college with Ty Cobb and they were good friends. I felt honored to be mentioned by Ty several times in his column, which I'm sure a lot of you have been, sometimes humorously and sometimes not so humorously. He was certainly a great man.
Ty and my brother belonged to the same fraternity, Sigma Nu. My husband was an ATO, though. Thank you.
Resolution adopted.

By the Committee on Judiciary:
Assembly Bill No. 595--An Act relating to civil liability; revising the provisions governing civil liability of public and private employers for the intentional conduct of employees; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By Assemblyman Ernaut:
Assembly Bill No. 596--An Act relating to public schools; providing in skeleton form for the creation of a separate school district for Incline Village; and providing other matters properly relating thereto.
Assemblyman Ernaut moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By the Committee on Education:
Assembly Bill No. 597--An Act relating to education; creating a committee to assist school districts in the early identification and development of minority teacher candidates within the State of Nevada; making an appropriation to the Department of Education to assist in carrying out these goals; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

By the Committee on Ways and Means:
Assembly Bill No. 598--An Act relating to state employees; increasing the authorized travel expenses for certain employees at specified correctional centers and conservation camps; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 266.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.

Senate Bill No. 312.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Senate Bill No. 341.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.

Senate Bill No. 366.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Bill No. 137.
Bill read second time and ordered to third reading.

Assembly Bill No. 478.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 554.
Amend sec. 2, pages 1 and 2, by deleting lines 3 through 14 on page 1 and lines 1 and 2 on page 2 and inserting:
"Sec. 2. 1. Any registered voter may be appointed to observe the conduct of an election at a polling place for early voting by personal appearance or on election day by:
(a) A candidate whose name appears on a ballot for the election for which the representative is appointed; or
(b) A political party or committee sponsored by a political party.
2. A representative appointed pursuant to subsection 1:
(a) Shall, upon his arrival at the polling place, present a certificate of his appointment to the deputy clerk if he is appointed to a polling place for early voting by personal appearance or to any chairman of an election board if he is appointed to a polling place for election day. The certificate must include:
(1) The name and signature of the representative;
(2) The name of the candidate, political party or committee that appointed the person as its representative; and
(3) The polling place and election for which the representative is appointed.
(b) May sit or stand at such a location near an election board as to observe and hear conveniently the activities conducted at the polling place if he does not interfere with the conduct of the election.
3. A person may not be appointed pursuant to this section to observe the conduct of an election at more than one polling place.".
Amend sec. 3, page 2, line 3, by deleting:
"candidate for public office" and inserting "person".
Amend sec. 3, page 2, by deleting line 5 and inserting:
"application to register to vote may, at any time except during the 20 days immediately preceding a primary election or general election, submit written notice of that allegation to".
Amend sec. 3, page 2, line 7, by deleting "candidate" and inserting:
"person who submitted the notice".
Amend sec. 3, page 2, line 12, by deleting "candidate" and inserting:
"person who submitted the notice".
Amend sec. 5, page 3, by deleting lines 28 through 32 and inserting:
"contest, at any time after the general election until 14 days before the next regular session of the legislature. The person whose election is contested may take the deposition of any witness, including any other party to the contest, at any time after the general election until 14 days before the next regular session of the legislature. At least 3 days' notice must be given".
Amend sec. 5, page 3, line 38, after "contest," by inserting:
"other than a deposition taken after the filing of the statement of contest and before the 14th day before the next regular session of the legislature,".
Amend sec. 6, page 4, line 41, by deleting "subsection 3" and inserting "subsection 4".
Amend the bill as a whole by deleting sec. 9 and renumbering sec. 10 as sec. 9.
Amend sec. 10, page 6, by deleting lines 40 and 41 and inserting:
"first Monday in May of the year in which the election is to be held nor later than 5 p.m. on the third Monday in May.".
Amend sec. 10, page 7, by deleting lines 17 and 18 and inserting:
"application to register to vote in any state since September 1 before the closing filing date for this election;".
Amend the bill as a whole by deleting sections 11 and 12 and renumbering sections 13 through 18 as sections 10 through 15.
Amend sec. 13, pages 9 and 10, by deleting line 44 on page 9 and lines 1 and 2 on page 10 and inserting:
"number of registered voters therein, with a maximum of 600 registered voters per precinct in those precincts in which paper ballots are used, or a".
Amend sec. 13, page 10, line 5, by deleting "subsection 3," and inserting:
"subsections 3 and 4,".
Amend sec. 13, page 10, by deleting lines 10 through 15 and inserting:
"election precincts pursuant to subsection 2, the county clerk shall, at least 14 days before consolidating the precincts, cause notice of the proposed consolidation to be:
(a) Posted in the manner prescribed for posting notice of the meetings of the board of county commissioners; and
(b) Mailed to each assemblyman, state senator or public officer of a local government who represents residents of any precinct affected by the consolidation.
4. Any person may file a written".
Amend sec. 14, page 10, by deleting line 29 and inserting:
"3. In any county".
Amend sec. 14, page 10, by deleting lines 33 through 36 and inserting:
"voters, may be designated an absent ballot mailing precinct.
4. The county clerk shall, at least 14 days before establishing or designating a precinct as a mailing precinct or absent ballot mailing precinct or before abolishing a mailing precinct pursuant to this section, cause notice of such action to be:
(a) Posted in the manner prescribed for posting notice of the meetings of the board of county commissioners; and
(b) Mailed to each assemblyman, state senator or public officer of a local government who represents residents of any precinct affected by the action.".
Amend sec. 15, page 11, line 23, after "state." by inserting:
"If the claim is approved by the state board of examiners, the state controller shall draw his warrant for the payment of the claim and the state treasurer shall pay the claim from the reserve for statutory contingency account not later than March 1 of the calendar year immediately following the year in which the general election was held.".
Amend sec. 16, page 12, line 40, after "office" by inserting:
"other than a judicial office,".
Amend sec. 17, page 13, line 7, by deleting "[20] 14" and inserting "20".
Amend the bill as a whole by deleting sections 19 through 24 and renumbering sections 25 through 28 as sections 16 through 19.
Amend sec. 26, page 19, by deleting line 19 and inserting:
"this act before the filing of the statement of contest;".
Amend sec. 26, page 19, line 25, by deleting "A" and inserting:
"Except as otherwise provided in this subsection, a".
Amend sec. 26, page 19, by deleting line 31 and inserting:
"contest is filed with the secretary of state. A deposition taken by the contestant pursuant to subsection 3 of section 5 of this act after the filing of the statement of contest and before the 14th day before the next regular session of the legislature must be served upon the person whose election is contested in the manner required for the service of a complaint in a civil action, not later than 24 hours after the 14th day before the convening of the next regular session of the legislature.".
Amend the bill as a whole by renumbering sec. 29 as sec. 21 and adding a new section designated sec. 20, following sec. 28, to read as follows:
"Sec. 20. NRS 293.567 is hereby amended to read as follows:
293.5671. After the close of registration for each primary election but not later than the second Friday next preceding the primary election and after the close of registration for each general election but not later than the second Friday next preceding the general election, the county clerk shall ascertain separately by precinct and district the number of registered voters and the number of inactive registered voters in the county and their political affiliation, if any, and shall transmit that information to the secretary of state.
2. The secretary of state shall prepare and make available for public inspection a compilation of the information received from the county clerks pursuant to subsection 1.
3. As used in this section, "inactive registered voter" means a registered voter who has been designated as inactive pursuant to subsection 7 of NRS 293.530.".
Amend sec. 29, page 21, by deleting line 26 and inserting:
"218.100 1. Before the [meeting of the assembly] convening of each session of the".
Amend sec. 29, page 21, line 29, by deleting the brackets.
Amend sec. 29, page 21, by deleting lines 31 through 33 and inserting:
"governor, chief clerk of the assembly and secretary of the senate. The [members] assemblymen whose names appear upon the roll must be allowed to participate in the organization of the assembly. The senators whose names appear upon the roll must be allowed to participate in the organization of the senate.".
Amend the bill as a whole by deleting sections 30 through 36 and renumbering sections 37 through 40 as sections 22 through 25.
Amend sec. 37, page 27, lines 24 and 25, by deleting:
"30 days after the general election held on November 3, 1998," and inserting:
"January 15, 1999,".
Amend sec. 40, page 28, line 1, by deleting:
"Section 16 of this act becomes" and inserting:
"Sections 9 and 13 of this act become".
Amend the title of the bill by deleting the seventh through twelfth lines and inserting:
"more contiguous election precincts; requiring a candidate for certain nonpartisan offices who receives a majority of the votes in a primary election or primary city election to be declared the nominee for that office; and providing other matters properly relating thereto.".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 512.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 556.
Amend sec. 2, page 1, line 5, by deleting "pool" " and inserting:
"pool or spa" ".
Amend sec. 2, page 1, line 11, after "$1,000." by inserting:
"The term does not include contracts for the delivery or setup of aboveground pools and spas.".
Amend sec. 3, page 1, line 12, after "pool " by inserting "or spa".
Amend sec. 3, page 2, line 3, after "on the" by inserting "residential ".
Amend sec. 3, page 2, line 6, after "of a" by inserting "residential ".
Amend sec. 3, page 2, line 10, by deleting "agent;" and inserting "agent.".
Amend sec. 3, page 2, by deleting lines 17 and 18 and inserting:
"completion of the particular stage or phase.
(c) An agreement by the contractor to provide to each subcontractor, if any, prompt and full payment upon completion of each stage or phase of construction for the fair market value of services rendered by the subcontractor. Before requesting payment for the next stage or phase of construction, the contractor shall deliver to the owner an affidavit signed by the subcontractor attesting to the fact that full payment has been made to the subcontractor for the previous stage or phase of construction. In any action commenced by a subcontractor to enforce a lien pursuant to chapter 108 of NRS, such an affidavit constitutes a rebuttable presumption of full payment to the subcontractor for the fair market value of services rendered by the subcontractor for that stage or phase of construction.
(d) Any other provision required by the board to be included in such a".
Amend sec. 3, page 2, by deleting lines 22 through 30 and inserting:
"(a) The failure of a contractor to:
(1) Provide a written schedule for the completion of each stage or phase of the construction in accordance with paragraph (b) of subsection 1;
(2) Complete each stage or phase of construction within the time set forth in the applicable schedule;
(3) Provide prompt and full payment to a subcontractor; or
(4) Deliver to an owner the required affidavits in accordance with paragraph (c) of subsection 1 before requesting payment for the next stage or phase of construction.
(b) The commencement by a contractor of construction of a residential pool or spa before the results of a soil analysis conducted in accordance with paragraph (a) of subsection 1 have been reported by the professional engineer to the contractor.".
Amend sec. 4, page 2, line 32, by deleting "pool:" and inserting:
"pool or spa:".
Amend sec. 4, page 3, line 1, after "pool" by inserting "or spa".
Amend sec. 5, page 3, by deleting lines 15 through 41 and inserting:
"construction of residential pools or spas. The informational statement must be entitled "Notice to the Owner."
2. Before a contractor begins construction pursuant to a contract for the construction of a residential pool or spa, the contractor shall first provide to the owner of the residence or his designated agent a copy of the informational statement adopted for this purpose by the board pursuant to subsection 1.".
Amend the title of the bill by deleting the second through fifth lines and inserting:
"of residential swimming pools and spas; prohibiting certain acts and omissions by contractors regarding the construction of residential swimming pools and spas; requiring specific disclosures by certain contractors; requiring the state contractors' board to adopt an informational statement; providing a penalty; and providing other".
Amend the summary of the bill by deleting the second line and inserting:
"pools or spas. (BDR 54-1029)".
Assemblyman Perkins moved the adoption of the amendment.
Remarks by Assemblyman Perkins.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 517.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 612.
Amend section 1, page 1, line 3, by deleting "shall," and inserting "may,".
Amend section 1, page 1, line 16, after "sheriff " by inserting:
"or other person authorized to issue a citation".
Amend section 1, page 2, by deleting lines 18 through 21 and inserting:
"in abating the condition; and
(c) Order any other appropriate relief.".
Amend section 1, page 2, line 22, by deleting "justice's".
Amend section 1, page 3, by deleting lines 5 and 6 and inserting:
"(b) "Nuisance activity" means:".
Amend section 1, page 3, line 9, by deleting "and ".
Amend section 1, page 3, line 10, by deleting "curfew." and inserting:
"curfew; or
(4) Any other activity, behavior or conduct defined by the board to constitute a public nuisance.".
Amend sec. 5, page 5, line 30, by deleting "shall," and inserting "may,".
Amend sec. 5, page 5, line 43, after "police" by inserting:
"or other person authorized to issue a citation".
Amend sec. 5, page 6, line 25, by deleting "municipal ".
Amend sec. 5, page 7, by deleting lines 8 through 10 and inserting:
"(b) "Nuisance activity" means:".
Amend sec. 5, page 7, line 13, by deleting "and ".
Amend sec. 5, page 7, line 14, by deleting "curfew." and inserting:
"curfew; or
(4) Any other activity, behavior or conduct defined by the board to constitute a public nuisance.".
Assemblywoman Freeman moved the adoption of the amendment.
Remarks by Assemblywoman Freeman.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 524.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 545.
Amend section 1, page 1, by deleting lines 3 through 6 and inserting:
"criteria for a business plan for use by state agencies seeking:
(a) An expansion or statutory authority;
(b) An authorized expenditure or appropriation for a new program; or
(c) An authorized expenditure or appropriation for a program that is proposed for enhancement by more than $1,000,000 or 50 percent of the amount approved by the Legislature for the program for the current biennium, whichever is less.".
Amend section 1, page 1, after line 12 by inserting:
"4. Each business plan prepared in compliance with this section in relation to the proposed budget prepared for the 1999-2001 biennium must be submitted to the Legislature at the same time the proposed budget is transmitted to the Legislature in accordance with subsection 4 of NRS 353.230.".
Assemblywoman Evans moved the adoption of the amendment.
Remarks by Assemblywoman Evans.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 526.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 522.
Amend section 1, page 1, by deleting line 8 and inserting:
"water users [.] in order to charge such users.".
Amend section 1, page 2, by deleting lines 10 through 12 and inserting:
"(b) The written consent is recorded with the county recorder of the county in which the property is".
Amend section 1, page 2, line 16, by deleting "5." and inserting "5.]".
Amend section 1, page 2, line 18, by deleting "6." and inserting "[6.] 5.".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 528.
Bill read second time and ordered to third reading.

Assembly Bill No. 550.
Bill read second time and ordered to third reading.

Assembly Bill No. 556.
Bill read second time and ordered to third reading.

Senate Bill No. 44.
Bill read second time.
The following amendment was proposed by Assemblyman Bache:
Amendment No. 637.
Amend sec. 9, page 6, line 28, by deleting:
"Tuesday in March" and inserting:
"Monday in May".
Amend sec. 9, page 6, lines 29 and 30, by deleting:
"first Tuesday in June." and inserting:
"third Monday in May.".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 80.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 563.
Amend the bill as a whole by deleting sections 1 through 8 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
"Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, if an older person or a vulnerable person suffers a personal injury or death that is caused by abuse or neglect or suffers a loss of money or property caused by exploitation, the person who caused the injury, death or loss is liable to the older person or vulnerable person for two times the actual damages incurred by the older person or vulnerable person.
2. If it is established by a preponderance of the evidence that a person who is liable for damages pursuant to this section acted with recklessness, oppression, fraud or malice, the court shall order the person to pay the attorney's fees and costs of the person who initiated the lawsuit.
3. The provisions of this section do not apply to a person who caused injury, death or loss to a vulnerable person if he did not know or have reason to know that the harmed person was a vulnerable person.
4. For the purposes of this section:
(a) "Abuse" means willful and unjustified:
(1) Infliction of pain, injury or mental anguish; or
(2) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person or a vulnerable person;
(b) "Exploitation" means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to obtain control, through deception, intimidation or undue influence, over the money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his money, assets or property. As used in this paragraph, "undue influence" does not include the normal influence that one member of a family has over another;
(c) "Neglect" means the failure of:
(1) A person who has assumed legal responsibility or a contractual obligation for caring for an older person or a vulnerable person or who has voluntarily assumed responsibility for his care to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person or vulnerable person; or
(2) An older person or a vulnerable person to provide for his own needs because of inability to do so;
(d) "Older person" means a person who is 60 years of age or older; and
(e) "Vulnerable person" means a person who:
(1) Has a physical or mental impairment that substantially limits one or more of the major life activities of the person; and
(2) Has a medical or psychological record of the impairment or is otherwise regarded as having the impairment.
The term includes, without limitation, a person who is mentally retarded, a person who has a severe learning disability, a person who suffers from a severe mental or emotional illness or a person who suffers from a terminal or catastrophic illness or injury.
Sec. 2. This act becomes effective upon passage and approval.".
Amend the title of the bill, second and third lines, by deleting:
"in treble damages for any loss or damage sustained" and inserting:
"for two times the actual damages incurred".
Amend the summary of the bill, first line, by deleting:
"in treble damages" and inserting:
"for two times the actual damages incurred".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 245.
Bill read second time and ordered to third reading.

Senate Bill No. 330.
Bill read second time and ordered to third reading.

Senate Bill No. 338.
Bill read second time and ordered to third reading.

Senate Bill No. 364.
Bill read second time and ordered to third reading.

Senate Bill No. 380.
Bill read second time and ordered to third reading.

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

Assembly in recess at 12:20 p.m.

At 12:29 p.m.
Mr. Speaker presiding.
Quorum present.

By the Committee on Health and Human Services:
Assembly Bill No. 600--An Act relating to county hospital districts; providing in skeleton form for the establishment of a hospital district that includes territory within more than one county; and providing other matters properly relating thereto.
Assemblywoman Freeman moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.

Assemblyman Anderson moved that Assembly Bill No. 361 be placed on the Chief Clerk's desk.
Remarks by Assemblyman Anderson.
Motion carried.

Assemblywoman Chowning moved that Assembly Bill No. 451 be re-referred to the Committee on Ways and Means.
Motion carried.

Assembly Bill No. 289.
Bill read third time.
The following amendment was proposed by Assemblyman Bache:
Amendment No. 662.
Amend the bill as a whole by adding a new section designated sec. 20.5, following sec. 20, to read as follows:
"Sec. 20.5. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 355.
Bill read third time.
Remarks by Assemblymen Sandoval and Carpenter.
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. 366.
Bill read third time.
Remarks by Assemblymen Bache, Koivisto, Braunlin, Price and Arberry.

Assemblyman Arberry moved that the Assembly recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 1:04 p.m.

At 1:09 p.m.
Mr. Speaker presiding.
Quorum present.

Conflict of interest declared by Assemblywoman Koivisto.
Roll call on Assembly Bill No. 366:
Yeas--37.
Nays--Evans.
Not voting--de Braga, Koivisto, Lambert, Sandoval--4.
Assembly Bill No. 366 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 440.
Bill read third time.
Remarks by Assemblyman Perkins.
Roll call on Assembly Bill No. 440:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 440 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 508.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 508:
Yeas -- 41.
Nays -- None.
Not voting -- Sandoval.
Assembly Bill No. 508 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 538.
Bill read third time.
Remarks by Assemblymen Segerblom, Ernaut, Anderson, Price, Bache and Collins.
Roll call on Assembly Bill No. 538:
Yeas -- 38.
Nays -- Ernaut, Hettrick, Hickey, Marvel--4.
Assembly Bill No. 538 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

"AN ACT relating to public organizations; revising the membership of the Nevada rural housing authority; authorizing the authority to create certain nonprofit corporations to develop housing projects; authorizing general improvement districts to charge a fee for snow removal; and providing other matters properly relating thereto.".

"SUMMARY--Makes various changes to provisions governing public organizations. (BDR 25-865)".

On request of Assemblyman Amodei, the privilege of the floor of the Assembly Chamber for this day was extended to Tilisa May.

On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to Linda Yi.

On request of Assemblywoman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Bridget Watters.

On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Tammy Labeth and Jo Marriot.

On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Alison Cornmesser.

On request of Assemblywoman Krenzer, the privilege of the floor of the Assembly Chamber for this day was extended to Lupe Munoz.

On request of Assemblywoman Lambert, the privilege of the floor of the Assembly Chamber for this day was extended to Lauren Walchi.

On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Harold Bradford and Sharon Rosse.

On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Fran Wagner.

On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Shanna Sparks and Stephanie Lewis.

On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Robbie Grant, Justin Grant, Trevor Grant, Penny Sparks and Derek Wellock.

On request of Assemblywoman Tiffany, the privilege of the floor of the Assembly Chamber for this day was extended to Jessica Winters.

On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Jean Wright.

Assemblyman Perkins moved that the Assembly adjourn until Friday, June 13, 1997 at 11 a.m.
Motion carried.

Assembly adjourned at 1:29 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly