ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND SIXTY-FIRST DAY
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Carson City (Sunday), June 29, 1997
Assembly called to order at 2:25 p.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Pastor Albert Tilstra.
In the weeks and months that this body has been in session, there have been many daily prayers directed to You for help and direction. As we now come nearer to the time that this session will close, let us not be in such great haste that we begin to rely on our own understanding. Help these men and women in this chamber to continue to put their trust in You, with full confidence that You will still direct their minds for the good of this great state. In Your name we lift these words up to You.
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.
Wendell P. Williams,
Chairman
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which were referred Assembly Bill No. 630; Assembly Joint Resolution No. 14, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Christina R. Giunchigliani,
Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Assembly Bill No. 656, 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 Government Affairs, to which were referred Assembly Bill No. 650; Senate Bills Nos. 290, 414, 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 Judiciary, to which was referred Assembly Bill No. 646, 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 was referred Senate Bill No. 328, 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 was referred Senate Bill No. 251, 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 Transportation, to which were referred Assembly Bills Nos. 320, 415, 564; Senate Bills Nos. 58, 341, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne Chowning,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 586, 642; Senate Bills Nos. 36, 181, 197, 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. 183, 265, 429, 465, 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 re-referred Assembly Bill No. 584, 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 re-referred Assembly Bill No. 472, 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
Senate Chamber, Carson City, June 28, 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. 370, 513, 535, 585.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 43, 55.
Also, I have the honor to inform your honorable body that the Senate on this day passed Assembly Joint Resolution No. 10.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bills Nos. 344, 348, 366, 522, 556 and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 30, 86, 135, 214, 281, 317, 327, 368, 428, 434, 447, 455, 463.
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. 180, 248.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly amendment to Senate Bill No. 167.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators McGinness, Adler and Porter as a first Committee on Conference concerning Senate Bill No. 122.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Washington, Adler and Neal as a first Committee on Conference concerning Senate Bill No. 258.
Mary Jo Mongelli
Assistant Secretary of the Senate
Senate Chamber, Carson City, June 29, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 473.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 314, 325, 347, 383, 402, 443, 446, 449.
Mary Jo Mongelli
Assistant Secretary of the Senate
By the Committee on Ways and Means:
Assembly Bill No. 659--An Act making appropriations to the trust fund for class-size reduction; 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. 660--An Act relating to making appropriations from the state general fund and the state highway fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1997, and ending June 30, 1998, and beginning July 1, 1998, and ending June 30, 1999; providing for the use of the money so appropriated; 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. 661--An Act relating to the department of information services; changing the name of the department of information services to the department of information technology; reorganizing the divisions of the department; changing the assignment of certain duties; abolishing the office of the coordinator of communications; repealing the provisions governing certain funds; 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. 662--An Act relating to the commission on substance abuse education, prevention, enforcement and treatment; transferring the commission from the department of employment, training and rehabilitation to the department of motor vehicles and public safety; 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. 30.
Assemblyman Perkins moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Senate Bill No. 86.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.
Senate Bill No. 135.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 214.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assemblyman Perkins moved that Senate Bill No. 214 be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Senate Bill No. 317.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 327.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 368.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.
Senate Bill No. 428.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.
Senate Bill No. 434.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 447.
Assemblyman Perkins moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Senate Bill No. 455.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 463.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 314.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.
Senate Bill No. 325.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 347.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 383.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 402.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 443.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 446.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 449.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 473.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Labor and Management:
Assembly Bill No. 663--An Act relating to industrial insurance; authorizing an appeals officer in a proceeding relating to industrial insurance to order a party, or the attorney or representative of a party, who causes a continuance or delay in a scheduled hearing to pay costs incurred by the hearings division of the department of administration under certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Krenzer moved that the bill be referred to the Committee on Labor and Management.
Motion carried.
Morse Arberry, Jr.,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Senate Bill No. 280, 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 Concurrent Committee on Ways and Means, to which was referred Senate Bill No. 13, 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
Assemblyman Perkins moved that for the balance of the session, all rules be suspended, reading so far had considered second reading, rules further suspended, and that all Assembly bills and joint resolutions reported out of committee without amendments be considered engrossed, declared emergency measures under the constitution and placed on third reading and final passage.
Motion carried.
Assemblyman Perkins moved that for the balance of the session, all rules be suspended, reading so far had considered second reading, rules further suspended, and that all Senate bills and joint resolutions reported out of committee without amendments be declared emergency measures under the constitution and placed on third reading and final passage.
Motion carried.
Assemblyman Arberry moved that Assembly Bill No. 491 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Assemblywoman Freeman moved that Senate Bill No. 242 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.
Assembly Bill No. 547.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 818.
Amend the bill as a whole by deleting sections 1 through 12 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
"Section 1. NRS 339.025 is hereby amended to read as follows:
339.025 1. Before any contract, except one subject to the provisions of chapter 408 of NRS, exceeding $20,000 for any project for the new construction, repair or reconstruction of any public building or other public work or public improvement of any contracting body is awarded to any contractor, he [must] shall furnish to the contracting body the following bonds which become binding upon the award of the contract to the contractor:
(a) A performance bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract. The bond must be solely for the protection of the contracting body which awarded the contract.
(b) A payment bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount. The bond must be solely for the protection of claimants supplying labor or materials to the contractor to whom the contract was awarded, or to any of his subcontractors, in the prosecution of the work provided for in such contract.
2. If a general contractor has been awarded a contract, except one subject to the provisions of chapter 408 of NRS, by the state public works board for any project for new construction, repair or reconstruction of any public building or other public work or public improvement, each of his subcontractors who will perform work on the contract that exceeds $50,000 or 1 percent of the proposed project, whichever amount is greater, shall furnish a bond to the board in an amount to be fixed by the board.
3. Each of the bonds required pursuant to this section must be executed by one or more surety companies authorized to do business in the State of Nevada. If the contracting body is the State of Nevada or any officer, employee, board, bureau, commission, department, agency or institution thereof, the bonds must be payable to the State of Nevada. If the contracting body is other than one of those enumerated in this subsection, the bonds must be payable to the other contracting body.
[3.] 4. Each of the bonds must be filed in the office of the contracting body which awarded the contract for which the bonds were given.
[4.] 5. Nothing in this section prohibits a contracting body from requiring bonds.
Sec. 2. Chapter 341 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board shall adopt regulations establishing the criteria and procedures for determining the qualification of applicants to be bidders on contracts for public works projects of this state. The board shall use the criteria and procedures to award contracts for public works projects of this state.
2. The criteria adopted by the board pursuant to subsection 1 must include, without limitation, an evaluation of:
(a) The financial ability of the applicant to provide the necessary bond for the contract;
(b) The principal personnel of the applicant;
(c) The performance history of the applicant concerning other recent projects completed by the applicant in this state;
(d) Any breach of contract of the applicant on a prior contract, other than a breach for legitimate cause;
(e) Whether the applicant has ever been disqualified from being awarded a contract pursuant to NRS 338.017 or 338.145; and
(f) The safety program and safety record of the applicant.
3. The regulations adopted pursuant to this section must include, without limitation, a procedure and deadlines for:
(a) Investigating an applicant and determining whether he is qualified to bid on a contract for a public works project of this state based on the criteria established pursuant to this section;
(b) Notifying an applicant of the determination of the board regarding his application; and
(c) A hearing and appeal by an applicant whose application for qualification has been denied by the board.
4. The board shall, not less than 45 days before advertising for bids concerning a public works project, notify by advertisement in a newspaper of general circulation in this state that the contract for the public works project requires a determination that the applicant is qualified to bid on the contract pursuant to this section.
5. An applicant determined to be qualified by the board pursuant to this section must apply each year to renew his qualification in the manner provided in the regulations adopted pursuant to this section.
6. Any information and data pertaining to the net worth of an applicant which are gathered by or provided to the board for a determination of qualification pursuant to this section are confidential and not open to public inspection.
Sec. 3. This act becomes effective upon passage and approval for the purpose of adopting the regulations required pursuant to section 2 of this act and on October 1, 1997, for all other purposes.".
Amend the title of the bill to read as follows:
Assembly Bill No. 553.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 882.
Amend the bill as a whole by renumbering sections 1 through 5 as sections 6 through 10 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
"Section 1. Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. Except as otherwise provided in subsection 2, any person who knowingly assists in the distribution of anonymous material or information which violates the provisions of section 15 of Senate Bill No. 215 of this session is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney's fees. A civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the attorney general in a court of competent jurisdiction and deposited with the state treasurer for credit to the state general fund.
2. Any person who violates a provision of this section within 10 days before an election, including any recall or special election, is subject to a civil penalty of not more than $15,000 for each such violation and payment of court costs and attorney's fees. The civil penalty must be collected in the manner set forth in subsection 1.
3. As used in this section:
(a) "Anonymous material or information" means material or information that does not contain:
(1) The name and mailing or street address of each person who has paid for or who is responsible for paying for the distribution; and
(2) A statement that each such person has paid for or is responsible for paying for the distribution.
(b) "Knowingly assists in the distribution" includes, without limitation, authorizing another person to use the holder's permit for sending mail, assisting a person to send mail in bulk or providing a person with equipment to facilitate the dissemination of a false statement of fact. The term does not include the printing and dissemination of a newspaper article that reports objectively a story concerning anonymous material or information that may have been distributed in violation of the provisions of section 15 of Senate Bill No. 15 of this session.
Sec. 3. 1. Except as otherwise provided in this section and section 5 of this act, all investigations of the secretary of state conducted pursuant to subsection 2 of NRS 294A.410, as amended by section 8 of this act, must remain confidential until the secretary of state makes a determination pursuant to subsection 2 of NRS 294A.410, as amended by section 8 of this act, regardless of whether that determination results in a finding that a violation of section 15 or 16 of Senate Bill No. 215 of this session has occurred.
2. The confidentiality required pursuant to subsection 1 also applies to all information and materials, written or oral, received or developed by the secretary of state or his staff in the course of his work and relating to the alleged violation of section 15 or 16 of Senate Bill No. 215 of this session.
3. If the secretary of state determines that a violation has not occurred, he may, at the request of the person alleged to have violated section 15 or 16 of Senate Bill No. 215 of this session, publicly issue an explanatory statement.
4. The secretary of state may issue press releases and other public statements to explain:
(a) The nature of his jurisdiction;
(b) The procedure for notifying the secretary of state of an alleged violation of section 15 or 16 of Senate Bill No. 215 of this session; and
(c) Limitations upon his power or authority.
Such releases and statements must not, without the consent of any person alleged to have violated section 15 or 16 of Senate Bill No. 215 of this session, disclose, by name, address or other information, the identity of that person until the secretary of state has made a determination pursuant to subsection 2 of NRS 294A.410, as amended by section 8 of this act, regardless of whether that determination results in a finding that a violation of section 15 or 16 of Senate Bill No. 215 of this session has occurred.
5. In any investigation in which the subject matter becomes public through independent sources, or upon a determination by the secretary of state that a violation of section 15 or 16 of Senate Bill No. 215 of this session has occurred, the secretary of state may issue such statements as he deems appropriate under the circumstances to:
(a) Confirm the pendency of an investigation;
(b) State that the person alleged to have violated section 15 or 16 of Senate Bill No. 215 of this session denies the allegations; or
(c) Explain his reasons for determining that a violation of section 15 or 16 of Senate Bill No. 215 of this session has not occurred.
Sec. 4. Except as otherwise provided in section 5 of this act, any person who breaches the confidentiality required pursuant to subsection 1 of section 3 of this act is subject to punishment for contempt.
Sec. 5. Notwithstanding the provisions of sections 3 and 4 of this act, a person who has alleged that another person has violated section 15 or 16 of Senate Bill No. 215 of this session may:
1. At any time, reveal to a third party the conduct of the person alleged to have violated section 15 or 16 of Senate Bill No. 215 of this session that is the basis for the allegation.
2. After the secretary of state makes a determination pursuant to subsection 2 of NRS 294A.410, as amended by section 8 of this act, regardless of whether the determination results in the finding that a violation of section 15 or 16 of Senate Bill No. 215 of this session has occurred, reveal to a third party the fact that he notified the secretary of state of an alleged violation of section 15 or 16 of Senate Bill No. 215 of this session.".
Amend section 1, page 1, line 4, after "impede" by inserting "or further".
Amend section 1, page 2, line 1, after "2." by inserting:
"The provisions of subsection 1 apply to a candidate who, with actual malice and the intent to further the success of his campaign, causes to be published false statements of fact concerning himself.
3.".
Amend section 1, page 2, by deleting line 6 and inserting:
"4. Except as otherwise provided in subsection 5, any person who".
Amend section 1, page 2, line 13, by deleting "4." and inserting "5.".
Amend section 1, page 2, line 17, by deleting "3." and inserting "4.".
Amend section 1 page 2, between lines 17 and 18, by inserting:
"6. The provisions of this section must not be construed to apply to the printing and disseminating of a newspaper article that reports objectively a story concerning a statement that may have been made in violation of this section or section 16 of Senate Bill No. 215 of this session.".
Amend section 1, page 2, line 18, by deleting "5." and inserting "7.".
Amend sec. 2, page 2, by deleting lines 25 through 28.
Amend sec. 2, page 2, line 29, by deleting "2." and inserting:
Assembly Bill No. 602.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 971.
Amend the bill as a whole by renumbering sec. 3 as sec. 6 and adding new sections designated sections 3 through 5, following sec. 2, to read as follows:
"Sec. 3. 1. There is hereby appropriated from the state general fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $21,800 to be in addition to any money carried forward to fiscal year 1997-1998 pursuant to subsection 1 of section 2.5 of chapter 372, Statutes of Nevada 1995, as added by section 5 of this act to replace the overhead door on the airplane hangar at the Minden airport that is used by the Division of Forestry.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. Section 2 of chapter 372, Statutes of Nevada 1995, at page 915, is hereby amended to read as follows:
Assembly Bill No. 611.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 839.
Amend sec. 3, page 2, by deleting lines 7 through 11 and inserting:
Assembly Bill No. 613.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 916.
Amend the bill as a whole by renumbering sections 2 through 6 as sections 3 through 7 and adding a new section designated sec. 2, following section 1, to read as follows:
"Sec. 2. NRS 360.100 is hereby amended to read as follows:
360.100 The department shall:
1. [Make] On or before January 15 of each year, prepare and publish [an annual report for each fiscal year, showing its] a report that shows the transactions and proceedings [for such year.
2. Furnish] of the department which took place during the immediately preceding fiscal year.
2. Upon request, furnish to the governor [, from time to time when requested by him,] statements showing the assessed value of [the taxable] property within or taxable by the State of Nevada and its political subdivisions.".
Amend sec. 3, page 2, line 13, after "provisions of " by inserting "NRS 482.313,".
Amend sec. 4, page 2, line 39, after "in NRS" by inserting "482.313 or".
Amend sec. 6, page 4, by deleting lines 3 through 5 and inserting:
"Sec. 7. 1. This section and sections 1, 2 and 3 of this act become effective on July 1, 1997.
2. Sections 4 and 5 of this act become effective at 12:01 a.m. on July 1, 1997.
3. Section 6 of this act becomes effective at 12:01 a.m. on July 1, 1999.".
Assemblyman Price moved the adoption of the amendment.
Remarks by Assemblyman Price.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 633.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 852.
Amend sec. 2, page 2, line 4, by deleting "$1,500," and inserting "$1,000,".
Amend sec. 2, page 2, line 5, by deleting "$1,500," and inserting $1,000,".
Assemblyman Collins moved the adoption of the amendment.
Remarks by Assemblyman Collins.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 634.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 924.
Amend section 1, page 1, line 14, by deleting "Install," and inserting:
"[Install,] Except as otherwise provided in subsection 3, install,".
Amend section 1, page 2, by deleting lines 5 and 6 and inserting:
"standing unless he notifies the nonprofit organization and requests the organization to remove the historical marker. The owner shall notify any person to whom he sells".
Amend section 1, page 2, by deleting lines 12 and 13 and inserting:
"the structure of the duty to maintain the historical marker unless the purchaser notifies the nonprofit organization and requests the organization to remove the historical ".
Amend the title of the bill, second line, by deleting "organization;" and inserting:
"organization in certain circumstances;".
Amend the summary of the bill, second line, by deleting "organization." and inserting:
"organization in certain circumstances.".
Assemblyman Parks moved the adoption of the amendment.
Remarks by Assemblyman Parks.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Joint Resolution No. 21.
Resolution read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 944.
Amend the resolution, page 2, between lines 33 and 34, by inserting:
"Resolved, That Congress is urged to revise the requirements for the submission of reports by employers to the state directory of new hires in such a manner that employers are not forced to alter substantially their normal business practices to comply with those requirements; and be it further".
Amend the preamble of the resolution, page 2, line 12, after "5." by inserting:
"The requirement for states to establish a time, which must not be later than 20 days after an employee is hired, within which the employer is required to submit to the state directory of new hires a report concerning that employee; and
6.".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.
Senate Bill No. 24.
Bill read second time and ordered to third reading.
Senate Bill No. 133.
Bill read second time and ordered to third reading.
Senate Bill No. 148.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 985.
Amend the bill as a whole by deleting sections 1 through 3 and renumbering sections 4 through 7 as sections 1 through 4.
Amend the title of the bill to read as follows:
Senate Bill No. 155.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 897.
Amend sec. 2, page 1, by deleting lines 8 through 11 and inserting:
"(a) Specific evidence showing that the adult, child or incompetent person has been a victim of domestic violence before the filing of the application;".
Amend sec. 2, page 2, by deleting lines 14 through 19 and inserting:
"4. The secretary of state shall approve an application if it is accompanied by specific evidence, such as a copy of an applicable record of conviction, a temporary restraining order or other protective order, that the adult, child or incompetent person has been a victim of domestic violence before the filing of the application.".
Amend the bill as a whole by renumbering sec. 9 as sec. 10 and adding a new section designated sec. 9, following sec. 8, to read as follows:
"Sec. 9. 1. There is hereby appropriated from the state general fund to the office of the secretary of state for carrying out the provisions of sections 2 to 6, inclusive, of this act:
Senate Bill No. 253.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 838.
Amend sec. 3, page 2, line 2, by deleting "nine" and inserting "10 ".
Amend sec. 3, page 2, line 10, after "(c)" by inserting:
"One member of the committee on local government finance created pursuant to NRS 266.0165 appointed by the Nevada School Trustees Association;
(d)".
Amend sec. 3, page 2, line 12, by deleting "(d)" and inserting "(e)".
Amend sec. 3, page 2, line 14, by deleting "(e)" and inserting "(f)".
Amend sec. 3, page 2, by deleting line 17 and inserting:
"committee. When meeting as the advisory committee, the members shall comply with the provisions of chapter 241 of NRS.".
Amend sec. 5, page 3, line 21, by deleting "review the" and inserting:
"review:
(a) The".
Amend sec. 5, page 3, line 23, by deleting "(a)" and inserting "(1)".
Amend sec. 5, page 3, line 24, by deleting "(b)" and inserting "(2)".
Amend sec. 5, page 3, line 26, by deleting "(c)" and inserting "(3)".
Amend sec. 5, page 3, line 27, by deleting "(d)" and inserting "(4)".
Amend sec. 5, page 3, line 28, by deleting "(e)" and inserting "(5)".
Amend sec. 5, page 3, line 29, by deleting "(f)" and inserting "(6)".
Amend sec. 5, page 3, line 31, by deleting "(g)" and inserting "(7)".
Amend sec. 5, page 3, line 33, by deleting "(h)" and inserting:
"(8) Property taxes imposed pursuant to chapter 361 of NRS;
(9)".
Amend sec. 5, page 3, line 35, by deleting "(i)" and inserting "(10)".
Amend sec. 5, page 3, between lines 35 and 36, by inserting:
"(b) The proper crediting of gasoline tax revenue if the collection is moved to the terminal rack level.".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Assemblywoman Giunchigliani moved that Senate Bill No. 253 be re-referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Bill ordered reprinted, re-engrossed and to the Committee on Elections, Procedures, and Ethics.
Senate Bill No. 267.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 753.
Amend section 1, page 1, by deleting lines 6 through 9 and inserting:
"banking by:
(1) Discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of indebtedness;
(2) Receiving deposits;
(3) Buying and selling exchange, coin and bullion; and
(4) Loaning money on personal security or real and personal property.
At the time of making loans,".
Amend section 1, page 2, line 8, by deleting:
"which may be".
Amend section 1, page 2, by deleting lines 15 through 19 and inserting:
"this section, 60 percent of its stockholders' or members' equity, plus subordinated capital notes and debentures. The commissioner may authorize any bank located in a city whose population is more than 10,000 to invest more than 60 percent of its stockholders' or members' equity, plus subordinated capital notes and debentures, in its banking offices, furniture and fixtures.".
Amend section 1, page 2, line 26, by deleting:
"a longer time" and inserting "longer".
Amend sec. 4, page 3, by deleting lines 36 and 37 and inserting:
"Sec. 4. This act becomes effective upon passage and approval.".
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 291.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 925.
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 3, to read as follows:
"Sec. 4. This act becomes effective on passage and approval.".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 355.
Bill read second time and ordered to third reading.
Senate Bill No. 363.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 926.
Amend section 1, page 2, line 6, by deleting "bid." and inserting:
"bid, except when requested by the public agency for:
(1) A determination of the price of additional work performed pursuant to a change order;
(2) An evaluation of claims for costs incurred for the performance of additional work;
(3) Preparation for arbitration or litigation; or
(4) Any combination thereof.
A document furnished to a public agency pursuant to this paragraph is confidential and must be returned to the bidder.".
Amend the title of the bill, third line, by deleting "bid;" and inserting:
"bid in certain circumstances;".
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. 419.
Bill read second time and ordered to third reading.
Senate Joint Resolution No. 16.
Resolution read second time and ordered to third reading.
Assembly Bill No. 631.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 631:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 631 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 637.
Bill read third time.
Remarks by Assemblywoman Evans.
Roll call on Assembly Bill No. 637:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 637 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 19.
Resolution read third time.
Remarks by Assemblymen Gustavson, Bache, Segerblom, Von Tobel, Price, Hettrick and Humke.
Assemblymen Humke, Hettrick and Giunchigliani moved the previous question.
Motion carried.
The question being on the passage of Assembly Joint Resolution No. 19.
Roll call on Assembly Joint Resolution No. 19:
Yeas -- 28.
Nays -- Arberry, Bache, Buckley, Chowning, Evans, Freeman, Giunchigliani, Goldwater, Herrera, Koivisto, Ohrenschall, Parks, Perkins, Segerblom - 14.
Assembly Joint Resolution No. 19 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Assembly Bill No. 6.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 6:
Yeas -- 30.
Nays -- Amodei, Berman, Braunlin, Carpenter, Cegavske, Close, Gustavson, Hettrick, Humke, Marvel, Nolan, Von Tobel - 12.
Assembly Bill No. 6 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 30.
Bill read third time.
Remarks by Assemblymen Freeman, Close and Krenzer.
Conflicts of interest declared by Assemblymen Close and Krenzer.
Roll call on Assembly Bill No. 30:
Yeas -- 40.
Nays -- None.
Not voting -- Close, Krenzer - 2.
Assembly Bill No. 30 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 151.
Bill read third time.
Remarks by Assemblyman Sandoval.
Roll call on Assembly Bill No. 151:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 151 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 425.
Bill read third time.
Remarks by Assemblymen de Braga, Bache and Von Tobel.
Roll call on Assembly Bill No. 425:
Yeas -- 32.
Nays -- Anderson, Bache, Buckley, Close, Collins, Evans, Giunchigliani, Gustavson, Herrera, Sandoval - 10.
Assembly Bill No. 425 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 466.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Assembly Bill No. 466:
Yeas -- 41.
Nays -- Price.
Assembly Bill No. 466 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 570.
Bill read third time.
Remarks by Assemblymen Freeman, Anderson, Lambert and Goldwater.
Roll call on Assembly Bill No. 570:
Yeas -- 40.
Nays -- Anderson, Collins - 2.
Assembly Bill No. 570 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 601.
Bill read third time.
Remarks by Assemblywoman de Braga.
Roll call on Assembly Bill No. 601:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 601 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 20.
Resolution read third time.
Remarks by Assemblywoman de Braga.
Roll call on Assembly Joint Resolution No. 20:
Yeas -- 42.
Nays -- None.
Assembly Joint Resolution No. 20 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Resolution ordered transmitted to the Senate.
Assemblyman Ernaut moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 3:44 p.m.
At 5:56 p.m.
Mr. Speaker presiding.
Quorum present.
Richard Perkins,
Chairman
Mr. Speaker:
Your Committee on Commerce, to which was referred Assembly Bill No. 286, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Richard Perkins,
Chairman
Mr. Speaker:
Your Concurrent Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 622, 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 Labor and Management, to which was referred Assembly Bill No. 609, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Saundra Krenzer,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 659, 660, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Morse Arberry, Jr.,
Chairman
Assembly Bill No. 348.
The following Senate amendment was read:
Amendment No. 829.
Amend the bill as a whole by deleting section 1, renumbering sections 2 through 7 as sections 5 through 10 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
"Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
An insurer shall not deny a claim, refuse to issue a policy of health insurance or cancel a policy of health insurance solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the health insurance policy was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.
Sec. 2. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
An insurer shall not deny a claim, refuse to issue a policy of group health insurance or cancel a policy of group health insurance solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the policy of group health insurance was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.
Sec. 3. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:
An insurer shall not deny a claim, refuse to issue a health benefit plan or cancel a health benefit plan solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the health benefit plan was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.
Sec. 4. NRS 689C.015 is hereby amended to read as follows:
689C.015As used in NRS 689C.015 to 689C.350, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 689C.025 to 689C.095, inclusive, have the meanings ascribed to them in those sections.".
Amend the title of the bill, first line, by deleting "an insurer" and inserting "certain insurers".
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 348.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 522.
The following Senate amendment was read:
Amendment No. 881.
Amend sec. 2, page 2, line 16, by deleting:
"in advance of " and inserting "before".
Amend sec. 2, page 2, line 18, after the period by inserting:
"In addition to the notice provided to a tenant pursuant to this paragraph, if the landlord or his agent or employee knows or reasonably should know that the tenant receives assistance from the fund created pursuant to NRS 188B.215, the landlord or his agent or employee shall provide to the administrator written notice of the increase 90 days before the first payment to be increased.".
Amend sec. 5, page 5, by deleting line 6 and inserting:
"(b) Be the registered owner of the mobile home which is subject to the tenancy, as indicated on the certificate of ownership that is issued by the division pursuant to NRS 489.541;".
Amend sec. 5, page 5, line 34, by deleting "section, "monthly" and inserting:
"section:
(a) "Mobile home" includes a travel trailer that is located on a mobile home lot within a mobile home park.
(b) "Monthly".
Amend sec. 5, page 5, between lines 36 and 37 by inserting:
"(c) "Travel trailer" has the meaning ascribed to it in NRS 489.150.".
Assemblywoman Buckley moved that the Assembly concur in the Senate amendment to Assembly Bill No. 522.
Remarks by Assemblywoman Buckley.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 573.
The following Senate amendment was read:
Amendment No. 873.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
"Sec. 2. Section 2 of Assembly Bill No. 47 of this session is hereby amended to read as follows:
Assembly Joint Resolution No. 8.
The following Senate amendment was read:
Amendment No. 749.
Amend the preamble of the resolution, page 1, by deleting lines 15 through 17 and inserting:
"Whereas, During the 105th session of Congress, Senator Richard H. Bryan, for himself and Senator Harry Reid, introduced the Southern Nevada Public Land Management Act of 1997 in the United States Senate and Representative John Ensign introduced the Southern Nevada Public Land Management Act of 1997 in the United States House of Representatives; and
Whereas, The Southern Nevada Public Land Management Act of 1997 provides that certain proceeds from the sale of public land in Clark County may be used for the acquisition of environmentally sensitive land in the State of Nevada, with priority given to lands located in Clark County; and
Whereas, The Southern Nevada Public Land Management Act of 1997 provides that before initiating efforts to acquire land pursuant to the Act, the Secretary of the Interior or Secretary of Agriculture must consult with the State of Nevada, the local government within whose jurisdiction the land is located and other interested persons concerning the necessity of making the acquisition, the potential impacts on the state and local government and other appropriate aspects of the acquisition; and
Whereas, It is the understanding of the Legislature of the State of Nevada that actions will not be taken pursuant to the Southern Nevada Public Land Management Act of 1997 in such a manner as to have an adverse effect on the sparsely populated and rural counties of the State of Nevada; now therefore, be it".
Assemblyman Goldwater moved that the Assembly concur in the Senate amendment to Assembly Joint Resolution No. 8.
Remarks by Assemblyman Goldwater.
Motion carried.
Resolution ordered enrolled.
Assemblywoman Freeman moved that Senate Bill No. 209 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.
Assembly Bill No. 660.
Bill read third time.
Remarks by Assemblymen Arberry, Evans, Giunchigliani, Lambert, Freeman and Segerblom.
Roll call on Assembly Bill No. 660:
Yeas -- 41.
Nays -- Hickey.
Assembly Bill No. 660 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assemblyman Perkins moved that Senate Bills Nos. 53, 404, 412, 423, 465, 242, 231, 209, 150 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
Assemblyman Perkins moved that the Assembly adjourn until Monday, June 30, 1997 at 10:30 a.m.
Motion carried.
Assembly adjourned at 6:36 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly