NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND FIFTY-FIRST DAY
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Carson City (Thursday), June 19, 1997

Assembly called to order at 11:15 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Monte C. Fast.
Assembled here are good women and good men. Not perfect, but essentially good. Good citizens of this state have chosen them as their representatives. Partisan philosophies were the definers that guided the choice of Nevada voters, but when the selection process completed, all citizens wanted good women and good men to do the representative work that was needed. Let us renew our commitment to do that good work, for those of all philosophies, for those who desperately need help and change.

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.

REPORTS OF COMMITTEES

Mr. Speaker:
Your Concurrent Committee on Commerce, to which was referred Assembly Bill No. 375, has had the same under consideration, and begs leave to report the same back with the recommendation: Without recommendation.

Richard Perkins,

Chairman

Mr. Speaker:
Your Committee on Commerce, to which were referred Senate Bills Nos. 244, 351, 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 Concurrent Committee on Education, to which was referred Assembly Bill No. 559, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Wendell P. Williams,

Chairman

Mr. Speaker:
Your Committee on Education, to which was referred Assembly Bill No. 486, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Wendell P. Williams,

Chairman

Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 483, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Ways and Means.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Assembly Bill No. 600, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Vivian L. Freeman,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which were referred Assembly Bill No. 577; Senate Bill No. 280, 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 Assembly Bills Nos. 584, 595, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 587, 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 was re-referred Senate Bill No. 192, 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 was re-referred Assembly Bill No. 170, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry, Jr.,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 220, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry, Jr.,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which were re-referred Assembly Bills Nos. 419, 490, 511; Senate Bill No. 122, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Morse Arberry, Jr.,

Chairman

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, June 18, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 319.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Education:
Assembly Bill No. 620--An Act relating to public schools; clarifying provision regarding the prohibition of nonsecular activities in public schools; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Education.
Motion carried.

By the Committee on Judiciary:
Assembly Bill No. 621--An Act relating to gaming; revising the provisions governing the revocation of gaming licenses; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By Assemblymen Braunlin, Dini, Bache, Ernaut, Lee, Williams, Tiffany, Hickey, Mortenson, Neighbors, Parks, Amodei, Nolan, Carpenter, Cegavske, Collins, Marvel, Von Tobel, Giunchigliani, Gustavson, Goldwater, Buckley, Segerblom, Price, Perkins, Chowning, Herrera, Anderson, Humke, Freeman, de Braga, Close, Hettrick, Ohrenschall, Berman, Manendo and Krenzer:
Assembly Bill No. 622--An Act relating to energy; creating the legislative committee on energy and regulatory affairs; requiring the committee to develop a comprehensive long-range plan for the transition to an open competitive market for the provision of electric service; requiring certain state agencies to submit certain information to the legislative committee; and providing other matters properly relating thereto.
Assemblywoman Braunlin moved that the bill be referred to the Concurrent Committees on Elections, Procedures, and Ethics and Ways and Means.
Motion carried.

By the Committee on Transportation:
Assembly Bill No. 623--An Act relating to traffic violations; providing for the reporting of certain violations observed by the driver of a school bus; increasing the penalty for certain violations involving a school bus; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 319.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that the vote whereby Senate Bill No. 319 was referred to the Committee on Health and Human Services be rescinded.
Motion carried.

Assemblyman Perkins moved that Senate Bill No. 319 be referred to the Committee on Ways and Means.
Motion carried.

Assemblyman Perkins moved that Assembly Bills Nos. 118, 204, 216, 264, 299, 477, 510, 515, 522; Assembly Joint Resolution No. 17; Senate Bills Nos. 29, 129, 260 be placed on the General File.
Motion carried.

Assemblywoman Giunchigliani moved that Assembly Bill No. 118 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Giunchigliani.
Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 279.
Bill read second time.
The following amendment was proposed by the Committee on Labor and Management:
Amendment No. 665.
Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1 NRS 612.380 is hereby amended to read as follows:
612.3801. Except as otherwise provided in subsection 2, a person is ineligible for benefits for the week in which he has voluntarily left his last or next to last employment:
(a) Without good cause, if so found by the administrator, and until he earns remuneration in covered employment equal to or exceeding his weekly benefit amount in each of 10 weeks.
(b) To seek [better] other employment and for all subsequent weeks until he secures [better] other employment or until he earns remuneration in covered employment equal to or exceeding his weekly benefit amount in each of 10 weeks, if so found by the administrator.
2. A person is not ineligible for benefits solely because he left employment which was not suitable to enter training approved pursuant to 19 U.S.C. § 2296.
3. As used in subsection 2, employment is "suitable" if the work is of a substantially equal or higher level of skill than the person's past adversely affected employment, and the wages are not less than 80 percent of his average weekly wage at his past adversely affected employment.".
Amend sec. 2, page 2, line 10, by deleting "better" and inserting "other".
Amend the title of the bill to read as follows:
"AN ACT relating to compensation for unemployment; revising provisions governing the disqualification of a person to receive benefits when he voluntarily leaves employment to seek other employment; providing an exception to charging benefits against the record of the base-period employer; and providing other matters properly relating thereto.".
Assemblywoman Krenzer moved the adoption of the amendment.
Remarks by Assemblywoman Krenzer.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 296.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 713.
Amend section 1, page 1, line 15, by deleting "and" and inserting "[and] or".
Amend section 1, page 1, by deleting lines 18 through 20 and inserting:
"3. Except as otherwise provided in subsection 4, if the town board or board of county commissioners proposes the adoption of an ordinance for an unincorporated town, the town".
Amend section 1, page 2, line 1, after "days" by inserting:
"nor more than 20 days".
Amend section 1, page 2, line 3, after "and " by inserting "a detailed ".
Amend section 1, page 2, by deleting lines 4 through 6 and inserting:
"proposed ordinance to be published in a newspaper published in or having a general circulation in the county.".
Amend section 1, page 2, line 13, by deleting "and" and inserting "[and] or".
Amend sec. 3, page 2, by deleting line 30 and inserting:
"ordinance for an unincorporated town that".
Amend the title of the bill, first line, after "and" by inserting "a detailed".
Assemblyman Parks moved the adoption of the amendment.
Remarks by Assemblyman Parks.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 404.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 658.
Amend section 1, line 2, by deleting:
"2, 3 and 4" and inserting:
"2 to 4, inclusive,".
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. 1. The department may accept gifts and grants of money to provide grants of money to pupils who are less than 18 years of age and who need financial assistance to pay:
(a) If a pupil is enrolled in a public school that provides instruction in automobile education, a laboratory fee required pursuant to NRS 389.100.
(b) If a pupil is enrolled in a public school that does not provide instruction in automobile education, the costs and fees of a course provided by a school for training drivers that is licensed pursuant to NRS 483.700 to 483.780, inclusive, and section 2 of this act, and that complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the state board of education pursuant to NRS 389.090.
2. The department may, in consultation with the state board of education, adopt regulations to carry out the provisions of this section, including, without limitation, the:
(a) Procedure by which a person may apply for a grant of money from the department;
(b) Criteria that the department will consider in determining whether to award a grant of money; and
(c) Procedure by which the department will distribute the money it receives pursuant to subsection 1.".
Amend sec. 5, page 2, line 16, after "act," by inserting:
"if the course complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the state board of education pursuant to NRS 389.090,".
Amend sec. 5, page 2, by deleting line 17 and inserting:
"and who has at least 50 hours of experience in driving a motor vehicle with".
Amend sec. 5, page 2, line 19, after the period by inserting:
"The parent or legal guardian of a person who desires to obtain a license pursuant to this paragraph must sign and submit to the department a form provided by the department which attests that the person who desires a license has completed the training and experience required by this paragraph.".
Amend sec. 7, page 3, line 23, after "state" by inserting:
"in a county whose population is less than 35,000 ".
Amend sec. 7, page 3, line 25, by deleting "district;" and inserting:
"district [;] , if the pupil meets the requirements for eligibility adopted by the department pursuant to subsection 5;".
Amend sec. 7, page 4, between lines 9 and 10 by inserting;
"5. The department shall adopt regulations that set forth the requirements for eligibility of a pupil to receive a restricted license pursuant to paragraph (a) of subsection 1.".
Amend sec. 11, page 5, line 16, by deleting "[may] shall " and inserting "may".
Amend sec. 11, page 5, by deleting lines 38 through 41 and inserting:
"trustees of a school district must be restricted to pupils who are sophomores, juniors or seniors in high".
Amend the bill as a whole by adding a new section designated sec. 11.5, following sec. 11, to read as follows:
"Sec. 11.5. On or before October 1, 1998, the department of motor vehicles and public safety shall adopt the regulations required by section 7 of this act.".
Amend sec. 14 by deleting lines 9 through 12 and inserting:
"Sec. 14. 1. This section and sections 1, 3, 3.5, 4, 9, 11.5, 12 and 13 of this act become effective upon passage and approval.
2. Section 7 of this act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 1998, for all other purposes.
3. Sections 2, 5, 6, 8, 10 and 11 of this act become effective on October 1, 1998.".
Amend the title of the bill by deleting the fifth and sixth lines and inserting:
"certain regulations; prohibiting a person".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 462.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 529.
Amend sec. 3, page 2, line 4, by deleting "facilitate" and inserting:
"develop, own or sponsor".
Amend sec. 3, page 2, line 17, after "application." by inserting:
"From the applications received, the division shall, within the limits set forth in section 5 of this act, select one or more of the proposed housing projects that the division determines are appropriate to assist the division in evaluating the effectiveness of sections 2 to 12, inclusive, of this act in providing affordable housing for persons of low income.".
Amend sec. 4, page 2, line 19, by deleting "sufficient " and inserting "appropriate".
Amend sec. 4, page 3, line 4, by deleting:
"a pro rata allocation of ".
Amend sec. 4, page 3, line 6, by deleting "10 " and inserting "25 ".
Amend sec. 5, page 3, line 10, by deleting "approve" and inserting "grant ".
Amend sec. 5, page 3, lines 12 and 13, by deleting:
"on a pro rata basis".
Amend sec. 11, page 5, line 16, by deleting "and ".
Amend sec. 11, page 5, line 17, after "(b)" by inserting:
"Ensure that a licensee who receives a credit pursuant to sections 2 to 12, inclusive, of this act offers affordable housing for persons of low income for a time deemed acceptable by the division; and
(c)".
Amend sec. 12, page 5, line 26, by deleting "act;" and inserting:
"act. The formula must grant to a licensee an equal amount of credit for each dollar that he spends on the project, up to the maximum amount of credit that he is allowed in 1 year.".
Amend sec. 12, page 5, line 28, by deleting "463.370; and " and inserting "463.370.".
Amend sec. 12, page 5, by deleting lines 29 and 30.
Amend the bill as a whole by adding new sections designated sections 14 and 15, following sec. 13, to read as follows:
"Sec. 14. Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In administering the provisions of this chapter, the department shall not consider the transfer or exchange of a gaming device between a licensee and an affiliate or affiliated company of that licensee, or between an affiliate and an affiliated company of a licensee, as a taxable sale or purchase pursuant to the provisions of this chapter.
2. As used in this section:
(a) "Affiliate" has the meaning ascribed to it in NRS 463.0133.
(b) "Affiliated company" has the meaning ascribed to it in NRS 463.4825.
(c) "Gaming device" has the meaning ascribed to it in NRS 463.0155.
(d) "Licensee" has the meaning ascribed to it in NRS 463.0171.
Sec. 15. Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In administering the provisions of this chapter, the department shall not consider the transfer or exchange of a gaming device between a licensee and an affiliate or affiliated company of that licensee, or between an affiliate and an affiliated company of a licensee, as a taxable sale or purchase pursuant to the provisions of this chapter.
2. As used in this section:
(a) "Affiliate" has the meaning ascribed to it in NRS 463.0133.
(b) "Affiliated company" has the meaning ascribed to it in NRS 463.4825.
(c) "Gaming device" has the meaning ascribed to it in NRS 463.0155.
(d) "Licensee" has the meaning ascribed to it in NRS 463.0171.".
Amend the title of the bill to read as follows:

"AN ACT relating to gaming; providing for a credit against certain gaming fees for certain gaming licensees who develop affordable housing for persons of low income; requiring the housing division of the department of business and industry and the gaming commission to adopt certain regulations; clarifying that certain transfers of gaming devices are not taxable transactions; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY--Provides for credit against certain gaming fees for gaming licensees who develop affordable housing and clarifies that certain transfers of gaming devices are not taxable transactions. (BDR 41-229)".
Assemblyman Price moved the adoption of the amendment.
Remarks by Assemblymen Price and Buckley.
Amendment adopted.
Assemblywoman Buckley moved that Assembly Bill No. 462 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.

Assembly Bill No. 494.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 524.
Amend section 1, page 1, by deleting lines 3 through 5 and inserting:
"1. It is unlawful for a dealer or any other person, with the intent to defraud, to obtain a duplicate certificate of ownership for any vehicle in which he grants a security interest".
Amend section 1, page 1, by deleting lines 13 through 17 and inserting:
"duplicate certificate of ownership was fraudulently obtained was $2,500 or more, for a gross misdemeanor.".
Amend section 1, page 2, line 3, by deleting "$250," and inserting "$2,500,".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 495.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 523.
Amend section 1, page 1, line 21, by deleting "$50,000." and inserting "$25,000.".
Amend section 1, page 2, line 4, by deleting "$50,000 " and inserting "$25,000 ".
Amend the bill as a whole by deleting sec. 2 and adding a new section designated sec. 2, following section 1, to read as follows:
"Sec. 2. The amendatory provisions of section 1 of this act do not apply to a dealer, distributor, manufacturer or rebuilder who has a good and sufficient bond on file with the department of motor vehicles and public safety before October 1, 1997, until the business to which the bond applies ceases to exist or is sold or otherwise transferred to another.".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 513.
Bill read second time and ordered to third reading.

Assembly Bill No. 535.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 678.
Amend section 1, page 1, line 12, by deleting "sold" and inserting "[sold] purchased ".
Amend section 1, page 1, line 15, by deleting "gross receipts" and inserting:
"[gross receipts] sales price".
Amend section 1, page 1, line 16, by deleting "sale" and inserting "[sale] purchase".
Amend sec. 2, page 3, line 32, by deleting "sold" and inserting "[sold] purchased ".
Amend sec. 2, page 3, line 35, by deleting "gross receipts" and inserting:
"[gross receipts] sales price".
Amend sec. 2, page 3, line 36, by deleting "sale" and inserting "[sale] purchase".
Assemblyman Price moved the adoption of the amendment.
Remarks by Assemblyman Price.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 274.
Bill read second time and ordered to third reading.

Senate Bill No. 335.
Bill read second time and ordered to third reading.

Senate Bill No. 366.
Bill read second time and ordered to third reading.

GENERAL FILE AND THIRD READING

Assembly Bill No. 204.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 204:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 204 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 216.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 216:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 216 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 264.
Bill read third time.
Remarks by Assemblywoman Evans.
Roll call on Assembly Bill No. 264:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 264 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 299.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 299:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 299 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

In compliance with a notice given on a previous day, Assemblyman Bache moved that the vote whereby Assembly Bill No. 497 was refused passage be reconsidered.
Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 401.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 720.
Amend sec. 13, page 4, line 26, after "benefits" by inserting:
"on behalf of the household ".
Amend sec. 19, page 6, by deleting lines 13 and 14 and inserting:
"(6) Is a person who is:
(I) Sixty years of age or older;
(II) The caretaker of a child; and
(III) A relative, other than a parent, of that child; or".
Amend sec. 23, pages 8 and 9, by deleting lines 35 through 44 on page 8 and lines 1 through 30 on page 9 and inserting:
"Sec. 23. 1. Except as otherwise provided in subsection 2, a household that receives benefits for 24 months, regardless of whether those months are consecutive or cumulative, is prohibited from receiving additional benefits for 12 consecutive months, unless the head of the household is suffering from a hardship.
2. The household may receive additional benefits for not more than 6 additional months, regardless of whether those months are consecutive or cumulative, if the administrator determines that providing benefits to the household will significantly increase the likelihood that the head of the household will become self-sufficient and will not need to apply for benefits in the future. A household that receives any additional benefits pursuant to this subsection is prohibited from receiving benefits for 12 consecutive months after the additional benefits cease to be provided, unless the head of the household is suffering from a hardship.
3. The division shall not provide benefits to a household that has received benefits from this or any other state for 60 months, regardless of whether those months are consecutive or cumulative, unless the head of the household is suffering from a hardship.
4. Except as otherwise provided in subsections 5 and 6, a household that is receiving benefits beyond the period prescribed in subsection 1, 2 or 3 because the head of the household is suffering from a hardship may continue to receive benefits for as long as the head of the household suffers from the hardship. Once the head of the household no longer suffers from the hardship, the household is not eligible to receive benefits:
(a) For 12 consecutive months if the household has not received benefits from this or any other state for 60 months, regardless of whether those months are consecutive or cumulative; or
(b) During the lifetime of the head of the household if the household has received benefits from this or any other state for 60 months, regardless of whether those months are consecutive or cumulative, unless the head of the household again suffers from a hardship.
5. A household that is receiving benefits pursuant to this section because the head of the household is suffering from a hardship described in paragraph (c) of subsection 7 may not receive benefits pursuant to this section solely because of that hardship for more than 12 months during the lifetime of the head of the household.
6. Notwithstanding any other provision of this section, if the administrator determines that the denial or suspension of benefits provided to a household solely because the head of the household is deemed to be suffering from a hardship is necessary to ensure that this state does not exceed the limitation set forth in 42 U.S.C. § 608(a)(7)(C), the administrator may deny or suspend such benefits. The administrator shall send written notice to a household whose benefits will be denied or suspended pursuant to".
Amend sec. 23, page 10, by deleting lines 1 and 2 and inserting:
"(f) Is a person who is:
(1) Sixty years of age or older;
(2) The caretaker of a child; and
(3) A relative, other than a parent, of that child; or".
Amend sec. 75, page 22, line 42, by deleting "and notarized " and inserting "under oath".
Amend sec. 85, page 25, line 11, by deleting "Rights" and inserting:
"[Rights] Except as otherwise required by federal law or as a condition to the receipt of federal money, rights".
Amend the bill as a whole by deleting sec. 85.5 and adding a new section designated sec. 85.5, following sec. 85, to read as follows:
"Sec. 85.5. NRS 425.360 is hereby amended to read as follows:
425.3601. Any payment of public assistance pursuant to this chapter creates a debt for support to the division by the responsible parent, whether or not the parent received prior notice that his child was receiving public assistance.
2. The division is entitled to the amount to which a dependent child or a person having the care, custody and control of a dependent child would have been entitled for support , to the extent of the assignment of those rights to support pursuant to NRS 425.350, and may prosecute or maintain any action for support or execute any administrative remedy existing under the laws of this state to obtain reimbursement of money expended for public assistance from any liable third party, including an insurer, group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.A. § 1167(1)), service benefit plan, or health maintenance organization. If a court enters judgment for an amount of support to be paid by a responsible parent, the division is entitled to the amount of the debt created by that judgment to the extent of [public assistance paid,] the assignment of rights to support pursuant to NRS 425.350, and the judgment awarded shall be deemed to be in favor of the division [.] to that extent. This entitlement applies to, but is not limited to , a temporary order for spousal support, a family maintenance order or an alimony order, whether or not allocated to the benefit of the child on the basis of providing necessaries for the caretaker of the child, up to the amount paid by the division in public assistance to or for the benefit of a dependent child. The division may petition the appropriate court for modification of its order on the same grounds as a party to the action.
3. If there is no court order for support, or if the order provides that no support is due but the facts on which the order was based have changed, the amount due is the amount computed pursuant to NRS 125B.070 and 125B.080, using the Nevada average wage, determined by the employment security division of the department of employment, training and rehabilitation, if the gross income of the responsible parent cannot be otherwise ascertained.
4. Debts for support may not be incurred by a parent or any other person who is the recipient of public assistance for the benefit of a dependent child for the period when the parent or other person is a recipient.".
Amend sec. 105, page 46, by deleting lines 10 through 16 and inserting:
"Security Act (42 U.S.C. §§ 601 et seq.).".
Amend sec. 149, page 68, line 15, by deleting "may," and inserting "shall,".
Amend sec. 149, page 68, by deleting line 20 and inserting:
"shall notify the parent immediately of the receipt of that notice and comply with the provisions of this section [.] unless, within 20 days after the notice was mailed to the employer or labor organization, the enforcing authority notifies the employer or labor organization that the parent has provided the enforcing authority with written proof that the parent has enrolled the child in a plan of health insurance required by the order of the court.".
Amend sec. 176, page 84, line 2, by deleting "may" and inserting "[may] shall ".
Amend sec. 176, page 84, by deleting line 5 and inserting:
"the information may not be given to the agency [only after notice] until:
(a) Notice of the proposed".
Amend sec. 176, page 84, line 7, by deleting "information." and inserting:
"information [.".
Amend sec. 176, page 84, by deleting line 11 and inserting:
"3.] ; and
(b) The agency has furnished evidence satisfactory to the enforcing authority that the agency is of the kind defined in 15 U.S.C. § 1681a(f).
2. The welfare division of the department of human resources shall".
Amend sec. 176, page 84, line 16, by deleting "4." and inserting "[4.] 3.".
Amend sec. 178, page 84, line 38, by deleting:
"179, 180 and 181" and inserting:
"179 to 181.7, inclusive,".
Amend sec. 180, page 85, line 6, after "child." by inserting:
"An affidavit for the voluntary acknowledgment of paternity that is signed pursuant to this subsection is not required to be ratified by a court of this state before the affidavit is deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child.".
Amend the bill as a whole by adding new sections designated sections 181.3 and 181.7, following sec. 181, to read as follows:
"Sec. 181.3. 1. Every court order establishing the paternity of a child that is issued in this state on or after October 1, 1998, must include:
(a) The names, dates of birth, social security numbers and drivers' license numbers of the parents of the child;
(b) The name and social security number of the child;
(c) The case identification number assigned by the court; and
(d) Such other information as the welfare division of the department of human resources determines is necessary to carry out the provisions of 42 U.S.C. § 654a.
2. A court that, on or after October 1, 1998, issues an order in this state establishing the paternity of a child shall provide to the welfare division such information regarding the order as the welfare division determines is necessary to carry out the provisions of 42 U.S.C. § 654a.
3. Within 10 days after a court of this state issues an order establishing the paternity of a child, each party to the cause of action shall file with the court that issued the order and the welfare division:
(a) His social security number;
(b) His residential and mailing addresses;
(c) His telephone number;
(d) His driver's license number; and
(e) The name, address and telephone number of his employer.
Each party shall update the information filed with the court and the welfare division pursuant to this subsection within 10 days after that information becomes inaccurate.
4. The welfare division shall adopt regulations specifying the particular information required to be provided pursuant to subsections 1 and 2 to carry out the provisions of 42 U.S.C. § 654a.
Sec. 181.7. If, after a court issues an order establishing the paternity of a child, a subsequent cause of action between the parties concerning the support of the child is initiated, the requirements for notice and service of process shall be deemed to have been met with respect to a party to the proceeding who cannot be found if:
1. The party initiating the proceeding shows proof that diligent effort has been made to ascertain the location of the missing party; and
2. Written notice of the initiation of the proceeding has been mailed to the mailing address of the missing party or the address of the missing party's employer as those addresses appear in the information required to be filed pursuant to subsection 3 of section 181.3 of this act.".
Amend sec. 296, page 128, by deleting lines 21 through 30 and inserting:
"vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated [no] not more than 90 days before the date of the request. The written release must be in a form required by the director.
3. Except as otherwise provided in subsection 2, the director shall not release to any person who is not a representative of the welfare division of the department of human resources or an officer, employee or agent of a law enforcement agency or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415, 253.044 or 253.220, or who is not authorized to transact insurance pursuant to chapter 680A of NRS:".
Amend sec. 296, page 129, by deleting lines 32 through 35 and inserting:
"(8) Dealers of motor vehicles; or
(9) Removal of nonowner records from the original records of motor".
Amend sec. 296, page 129, line 41, by deleting "which" and inserting "that".
Amend sec. 296, page 130, line 5, by deleting "NRS 648.060," and inserting:
"chapter 648 of NRS,".
Amend sec. 296, page 130, between lines 14 and 15, by inserting:
"(j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.
(k) In the bulk distribution of surveys, marketing material or solicitations, if the director has adopted policies and procedures to ensure that:
(1) The information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations;
(2) Each person about whom the information is requested has clearly been provided with an opportunity to prohibit such a use; and
(3) If the person about whom the information is requested prohibits in a timely manner such a use, the bulk distribution will not be directed toward that person.".
Amend sec. 296, page 130, line 15, by deleting "A" and inserting:
"Except as otherwise provided in paragraph (j) of subsection 5, a".
Amend sec. 296, page 130, by deleting line 17 and inserting:
"Such a person shall keep and maintain for 5 years a".
Amend sec. 296, page 130, line 20, by deleting the comma and inserting a period.
Amend sec. 296, page 130, line 21, by deleting:
"which must be" and inserting:
"The record must be made".
Amend sec. 296, page 130, line 32, by deleting "addition ," and inserting "addition,".
Amend sec. 296, page 131, line 12, by deleting "which" and inserting "that".
Assemblywoman Evans moved the adoption of the amendment.
Remarks by Assemblymen Evans, Close and Freeman.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 477.
Bill read third time.
Remarks by Assemblymen Herrera and Freeman.
Roll call on Assembly Bill No. 477:
Yeas -- 41.
Nays -- None.
Not voting -- Krenzer.
Assembly Bill No. 477 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.
Remarks by Assemblywoman Giunchigliani.
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. 515.
Bill read third time.
Remarks by Assemblywoman Koivisto.
Roll call on Assembly Bill No. 515:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 515 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 522.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 522:
Yeas -- 41.
Nays -- None.
Not voting -- Carpenter.
Assembly Bill No. 522 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Giunchigliani moved that Assembly Bill No. 414 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.

Assemblyman Perkins moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Senate Bill No. 274 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. 525.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Assembly Bill No. 525:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 525 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 573.
Bill read third time.
Remarks by Assemblyman Lee.
Roll call on Assembly Bill No. 573:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 573 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 576.
Bill read third time.
Remarks by Assemblymen Tiffany and Goldwater.
Conflict of interest declared by Assemblyman Goldwater.
Roll call on Assembly Bill No. 576:
Yeas -- 41.
Nays -- None.
Not voting -- Goldwater.
Assembly Bill No. 576 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Joint Resolution No. 17.
Resolution read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Joint Resolution No. 17:
Yeas -- 35.
Nays -- Amodei, Collins, Evans, Gustavson, Lee, Ohrenschall, Price - 7.
Assembly Joint Resolution No. 17 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Resolution ordered transmitted to the Senate.

Assembly Bill No. 497.
Bill read third time.
The following amendment was proposed by Assemblyman Carpenter:
Amendment No. 740.
Amend the bill as a whole by deleting section 1, renumbering sections 2 and 3 as sections 5 and 6 and adding new sections designated sections 1 through 4, following the enacting clause to read as follows:
"Section 1. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to the provisions of NRS 202.265, it is unlawful for a pupil to possess or carry a dangerous knife while on the property of a private or public school or while in a vehicle of a private or public school, unless the pupil has written permission from the principal of the school to carry or possess the knife.
2. A person who violates the provisions of this section is guilty of a gross misdemeanor.
3. As used in this section, "dangerous knife" means a knife having a blade that is fixed or may be locked and which is 2 1/2 inches or more in length when measured from the tip of the knife which is customarily sharpened to the unsharpened extension of the blade which forms the hinge connecting the blade to the handle. The term includes, without limitation, a butterfly knife.
Sec. 2. NRS 392.466 is hereby amended to read as follows:
392.4661. Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school, sells or distributes any controlled substance or is found in possession of a dangerous weapon, while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, he must be permanently expelled from that school, but he may be required to attend another kind of school.
2. Except as otherwise provided in this section, any pupil who is found in possession of a firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, he must be permanently expelled from the school, but he may be required to attend another kind of school. The superintendent of schools of a school district may, in a particular case in that school district, allow an exception to the expulsion requirement of this subsection.
3. This section does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.
4. Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.
5. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.
(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.).
6. As used in this section:
(a) "Battery" has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b) "Dangerous weapon" includes, without limitation, a blackjack, slung shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife , a dangerous knife as defined in section 1 of this act or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.
(c) "Firearm" includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a "firearm" in 18 U.S.C. § 921, as that section existed on July 1, 1995.
Sec. 3. NRS 393.410 is hereby amended to read as follows:
393.410 1. It is unlawful for any person:
(a) Willfully and maliciously to injure, mark or deface any public schoolhouse, its fixtures, books or appurtenances;
(b) To commit any nuisance in any public schoolhouse;
(c) To loiter on or near the school grounds; or
(d) Purposely and maliciously to commit any trespass upon the grounds attached to a public schoolhouse, or any fixtures placed thereon, or any enclosure or sidewalk about the same.
2. Except as otherwise provided in subsection 3, any person violating any of the provisions of this section shall be guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged or destroyed and in no event less than a misdemeanor.
3. Any person who is in possession of a dangerous weapon during his commission of a violation of paragraph (b), (c) or (d) of subsection 1 shall be guilty of a gross misdemeanor.
4. As used in this section:
(a) "Dangerous knife" means a knife having a blade that is [2] fixed or may be locked and which is 2 1/2 inches or more in length when measured from the tip of the knife which is customarily sharpened to the unsharpened extension of the blade which forms the hinge connecting the blade to the handle. The term includes, without limitation, a butterfly knife.
(b) "Dangerous weapon" means:
(1) An explosive or incendiary device;
(2) A dirk, dagger, switchblade knife or dangerous knife;
(3) A nunchaku or trefoil;
(4) A blackjack or billy club or metal knuckles; or
(5) A pistol, revolver or other firearm.
(c) "Explosive or incendiary device" has the meaning ascribed to it in NRS 202.260.
(d) "Nunchaku" has the meaning ascribed to it in NRS 202.350.
(e) "Switchblade knife" has the meaning ascribed to it in NRS 202.350.
(f) "Trefoil" has the meaning ascribed to it in NRS 202.350.
Sec. 4. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to the provisions of NRS 202.265, it is unlawful for a student to possess or carry a dangerous knife while on the property of the University and Community College System of Nevada, unless the student has written permission from the president of a branch or facility of the System.
2. A person who violates the provisions of this section is guilty of a gross misdemeanor.
3. As used in this section, "dangerous knife" means a knife having a blade that is fixed or may be locked and which is 2 1/2 inches or more in length when measured from the tip of the knife which is customarily sharpened to the unsharpened extension of the blade which forms the hinge connecting the blade to the handle. The term includes, without limitation, a butterfly knife.".
Amend the title of the bill, first line, by deleting "a person" and inserting "certain persons".
Assemblyman Carpenter moved the adoption of the amendment.
Remarks by Assemblymen Carpenter, Hickey, Lee, Giunchigliani, Collins, Price, Anderson, Bache, Manendo and Buckley.
Assemblywoman Buckley moved that Assembly Bill No. 497 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Assembly Bill No. 414.
Bill read third time.
The following amendment was proposed by Assemblywoman Giunchigliani:
Amendment No. 722.
Amend sec. 10, page 4, between lines 33 and 34, by inserting:
"4. The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a temporary branch polling place for early voting, except to the extent necessary to conduct early voting at that location.".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 29.
Bill read third time.
Remarks by Assemblymen Hettrick and Close.
Roll call on Senate Bill No. 29:
Yeas -- 42.
Nays -- None.
Senate Bill No. 29 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 129.
Bill read third time.
Remarks by Assemblywoman Berman.
Roll call on Senate Bill No. 129:
Yeas -- 34.
Nays -- Close, de Braga, Evans, Giunchigliani, Goldwater, Herrera, Hickey, Perkins - 8.
Senate Bill No. 129 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 260.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Senate Bill No. 260:
Yeas -- 42.
Nays -- None.
Senate Bill No. 260 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 348.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 348:
Yeas -- 42.
Nays -- None.
Senate Bill No. 348 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 358.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Senate Bill No. 358:
Yeas -- 42.
Nays -- None.
Senate Bill No. 358 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 359.
Bill read third time.
Remarks by Assemblymen Manendo, Humke and Anderson.
Roll call on Senate Bill No. 359:
Yeas -- 42.
Nays -- None.
Senate Bill No. 359 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Senate Bill No. 274 be taken from its position on the General File and placed at the top of the General File.
Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 274.
Bill read third time.
Remarks by Assemblymen Collins and Bache.
Roll call on Senate Bill No. 274:
Yeas -- 41.
Nays -- Hickey.
Senate Bill No. 274 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Senate Bills Nos. 364, 369, 370, 407, 408 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.

UNFINISHED BUSINESS
Consideration of Senate Amendments

Assembly Bill No. 128.
The following Senate amendment was read:
Amendment No. 558.
Amend section 1, page 1, line 6, by deleting the period and inserting:
"as a volunteer ambulance driver or attendant.".
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 128.
Remarks by Assemblyman Bache.
Motion carried.
Bill ordered enrolled.

Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed Assembly Concurrent Resolution No. 46; Senate Concurrent Resolution No. 51.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to John Carpenter, Doug DeForest and Lois DeForest.

On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Jullian Menesini.

On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Isaac Pierce and Isaiah Pierce.

On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Hunter Hays, Alexander Hays, Lisa Hays and Rushay Hays.

On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Jeannie Deeg.

On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Robert Morgan and Burt Buy.

On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Joe Mills, Luis Valera, Terry Moore, Margret Persh, Leah Griffith, Will Price, David Shapiro, Steve Amend and Daron Dorsey.

Assemblyman Perkins moved that the Assembly adjourn until Friday, June 20, 1997 at 11 a.m.
Motion carried.

Assembly adjourned at 1:01 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly