NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND SIXTY-THIRD DAY
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Carson City (Tuesday), July 1, 1997

Assembly called to order at 10:57 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Lisa Schilbe.
O God, we thank You for Your mercies and Your steadfast love that endures forever. When we are too weak to cry out, You call to us. When we can't find the energy to stand, You reach out and pull us up. When the pressures of the world and everyday life close in around us, You provide us with a source of strength and courage to continue Your work here on earth. Thank You for the privilege to call upon 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.

REPORTS OF COMMITTEES

Mr. Speaker:
Your Committee on Commerce, to which was referred Senate Bill No. 368, 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 Committee on Government Affairs, to which were referred Senate Bills Nos. 262, 349, 473, 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 were referred Assembly Bill No. 664; Senate Bills Nos. 281, 317, 449, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Bernie Anderson,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 325, 331, 402, 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. 127, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Marcia de Braga,

Chairman

Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 318, 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

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, June 30, 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. 221, 222, 242, 260, 270, 279, 515, 606, 626.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bills Nos. 204, 266, 470, 523 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 Bill No. 393.
Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Committee on Conference concerning Assembly Bill No. 336.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Townsend, Rhoads and Schneider as a first Committee on Conference concerning Senate Bill No. 167.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Assembly Bill No. 318; Senate Bills Nos. 325, 402 be placed on the Second Reading File.
Motion carried.

Assemblyman Perkins moved that Assembly Bills Nos. 173, 252, 262, 265, 286, 320, 346, 415, 429, 455, 465, 474, 476, 486, 499, 552, 582, 618, 630, 641, 647; Assembly Joint Resolution No. 14; Senate Bills Nos. 58, 113, 150, 251, 275, 328, 341 be placed on the General File.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 393.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.

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

Assembly in recess at 11:13 a.m.

ASSEMBLY IN SESSION

At 12:03 p.m.
Mr. Speaker presiding.
Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Senate Bill No. 127 be taken from the General File and re-referred to the Committee on Ways and Means.
Remarks by Assemblymen Perkins and Humke.
Assemblymen Humke, Hettrick and Ernaut requested a roll call on Assemblyman Perkins' motion.
Roll call on Assemblyman Perkins' motion:
Yeas -- 4.
Nays -- Amodei, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Sandoval, Segerblom, Tiffany, Von Tobel, Williams--36.
Absent-- Price.
The motion having failed to receive a majority, Mr. Speaker declared the motion lost.

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, July 1, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 61.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Senate Concurrent Resolution No. 61.
Assemblyman Goldwater moved the adoption of the resolution.
Remarks by Assemblyman Goldwater.
Resolution adopted.

SECOND READING AND AMENDMENT

Assembly Bill No. 371.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 957.
Amend the bill as a whole by deleting sections 1 through 8 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. NRS 278.583 is hereby amended to read as follows:
278.5831. After January 1, 1974, any construction, alteration or change in the use of a building or other structure in this state by any person, firm, association or corporation, whether public or private, must be in compliance with the technical provisions of the National Electrical Code of the National Fire Protection Association in the form most recently [adopted by that association before January 1, 1985.] approved by the governing body of the city or county in which the building or other structure is located. The governing body of each city or county shall review each edition of the National Electrical Code that is published by the National Fire Protection Association after the 1996 edition to ensure its suitability for that city or county. Each new edition of the code shall be deemed approved by the governing body of each city or county unless the edition is disapproved by that governing body within 60 days after the date of publication by the National Fire Protection Association.
2. Any city or county within the state may adopt such modifications of the code as are deemed reasonably necessary, if such modifications do not reduce the standards established in the code.".
Amend the title of the bill to read as follows:
"AN ACT relating to construction; requiring that all construction, alteration or change in the use of a building or other structure in this state be in compliance with the edition of the National Electrical Code most recently approved by the governing body of the city or county in which the building or other structure is located; requiring the governing body of a city or county to review each new edition of the National Electrical Code for suitability for that city or county; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY--Requires construction, alteration or change in use of building or structure in this state to be in compliance with edition of National Electrical Code most recently approved by governing body of city or county in which building or structure is located. (BDR 22-1059)".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 644.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 1009.
Amend the bill as a whole by deleting sec. 6 and adding a new section designated sec. 6, following sec. 5, to read as follows:
"Sec. 6. Except as otherwise provided in NRS 360.250 and except for information required to be transmitted to the department, each county assessor shall, at the request of a taxpayer, keep any proprietary information concerning the taxpayer received pursuant to this chapter confidential.".
Amend sec. 7, page 3, line 17, after "tax" by inserting:
"that is assessed by the county treasurer or county assessor and that is".
Amend sec. 10, page 5, line 7, by deleting:
"and used for the purposes of ".
Amend sec. 10, page 5, line 8, by deleting "airport;" and inserting:
"[airport;] airport, unless the property owned by the public airport is not located upon the public airport and the property is leased, loaned or otherwise made available for purposes other than for the purposes of a public airport, including, without limitation, residential, commercial or industrial purposes.".
Amend sec. 11, page 6, by deleting sec. 11 and inserting:
"Sec. 11. (Deleted by amendment.)".
Amend sec. 14, page 8, line 32, by deleting the open bracket.
Amend sec. 14, page 8, line 35, by deleting the closed bracket.
Amend sec. 15, page 9, between lines 24 and 25, by inserting:
"3. Any information received by the county assessor pursuant to this section must be protected from disclosure in the same manner that the information is protected by the agency or entity from which the assessor received the information.".
Amend sec. 22, page 15, by deleting sec. 22 and inserting:
"Sec. 22. (Deleted by amendment.)".
Amend sec. 39, page 21, line 40, by deleting "; [.]" and inserting:
"[.] ; and ".
Amend sec. 39, page 21, line 43, by deleting;
"[.] ; and " and inserting:
"[.] and that the full amount of any deferred property taxes for the conversion of the property from agricultural use has been paid pursuant to NRS 361A.265.".
Amend sec. 39, page 22, by deleting lines 1 through 4.
Amend sec. 44, page 25, by deleting lines 40 through 42 and inserting:
"county in which it is located. A dealer who sells a new manufactured ".
Amend sec. 44, page 26, by deleting lines 15 through 19.
Amend sec. 45, pages 26 and 27, by deleting sec. 45 and inserting:
"Sec. 45. (Deleted by amendment.)".
Amend the bill as a whole by deleting sections 49 and 50 and adding new sections designated sections 49 and 50, following sec. 48, to read as follows:
"Sec. 49. 1. NRS 360.410 is hereby repealed.
2. NRS 361.153 is hereby repealed.
Sec. 50. 1. This section and sections 1 to 15, inclusive, 17 to 43, inclusive, 45 to 48, inclusive, and subsection 2 of section 49 of this act become effective on July 1, 1997.
2. Subsection 1 of section 49 of this act becomes effective at 12:01 a.m. on July 1, 1997.
3. Section 44 of this act becomes effective on October 1, 1997.
4. Section 16 of this act becomes effective on July 1, 1998.".
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. 318.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 853.
Amend sec. 2, page 1, by deleting lines 13 through 15 and inserting:
"(a) In the case of a home, vehicle or structure in excess of 120 inches in width but not exceeding 168 inches in width:
(1) Appendages which must not extend beyond 3 inches on either side; and
[(b)] (2) Roof eaves which, in total of both sides, must not extend more than 24 inches.
(b) In the case of a home, vehicle or structure in excess of 168 inches in width but not exceeding 192 inches in width:
(1) Appendages which must not extend beyond 3 inches on either side; and
(2) Roof eaves which, in total of both sides, must not extend more than 12 inches and must not extend more than 6 inches on the side of the home, vehicle or structure that coincides with the left side of the vehicle on which it is being moved.".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblymen Chowning and Freeman.
Assemblywoman Chowning moved that Assembly Bill No. 318 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Motion carried.

Senate Bill No. 314.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 1039.
Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:
"Sec. 5.5. An association may not apply any assessment, fee or other charge that is paid by a unit's owner toward a fine imposed by the association against the unit's owner.".
Amend sec. 17, page 12, by deleting lines 30 through 37 and inserting:
"association, unless the violation is of a type that threatens the health and welfare of the residents of the common-interest community.".
Amend sec. 22, page 16, line 2, by deleting "116.3104," and inserting "116.31034,".
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. 325.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1034.
Amend the bill as a whole by deleting sections 78 and 79 and inserting:
"Secs. 78 and 79. (Deleted by amendment.)".
Amend sec. 92, page 44, line 19, before "guilty or " by inserting "nolo contendere,".
Amend sec. 100, page 67, line 32, by deleting "78, 79,".
Amend the title of the bill by deleting the eleventh and twelfth lines and inserting:
"probation and parole be imposed upon certain sex offenders; expanding the provisions".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 402.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1035.
Amend sec. 11, page 9, by deleting lines 9 and 10 and inserting:
"1. A court or an agency of a local government may organize or sponsor one or more multidisciplinary teams to review the death".
Amend sec. 11, page 9, by deleting lines 12 and 13 and inserting:
"33.018.
2. If a multidisciplinary team is organized or sponsored pursuant to subsection 1, the court or agency shall review the death".
Amend sec. 11, page 9, line 14, by deleting "such".
Amend sec. 11, page 9, line 16, before "agency" by inserting "court or".
Amend sec. 11, page 9, by deleting lines 17 through 20 and inserting:
"3. Members of a team that is organized or sponsored pursuant to subsection 1 serve at the pleasure of the court or agency that organizes or sponsors the team and must include, without limitation, representatives of organizations concerned with law enforcement, issues related to physical or mental health, or the prevention of domestic violence and assistance to victims of domestic violence.".
Amend sec. 11, page 9, line 21, by deleting "3." and inserting "4.".
Amend sec. 11, page 9, line 25, after "review." by inserting:
"Any information shared by an organization with other members of a team is confidential.
5. A team organized pursuant to this section may, upon request, provide a report concerning its review to a person related to the victim within the third degree of consanguinity.".
Amend sec. 11, page 9, line 26, by deleting "4." and inserting "6.".
Amend sec. 11, page 9, line 27, after "section," by inserting:
"a court or ".
Amend sec. 11, page 9, between lines 28 and 29, by inserting:
"7. A team organized pursuant to this section may, if appropriate, meet with a multidisciplinary team to review the death of a child organized pursuant to NRS 432B.405.".
Amend sec. 11, page 9, line 29, by deleting "5." and inserting "8.".
Amend sec. 11, page 9, line 32, by deleting "6." and inserting "9.".
Amend sec. 11, page 9, by deleting lines 34 through 38.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

REPORTS OF COMMITTEES

Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 661, 662; Senate Joint Resolution No. 12, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry, Jr.,

Chairman

MOTIONS, RESOLUTIONS AND NOTICES

By the Committee on Education:
Assembly Resolution No. 17--Amending the Standing Rules of the Assembly by adding additional members to the Standing Committee on Education.
Resolved by the Assembly of the State of Nevada, That Rule No. 40 of the Standing Rules of the Assembly as adopted for the 69th session of the Legislature is hereby amended to read as follows:

40

Rule No. 40. Standing Committees.
The standing committees of the Assembly are as follows:
1. Ways and Means, fifteen members.
2. Judiciary, fourteen members.
3. Taxation, eleven members.
4. Education, [eleven] thirteen members.
5. Elections, Procedures, and Ethics, nine members.
6. Natural Resources, Agriculture, and Mining, eleven members.
7. Labor and Management, nine members.
8. Transportation, nine members.
9. Commerce, eleven members.
10. Health and Human Services, ten members.
11. Government Affairs, fourteen members.
12. Infrastructure, eleven members.
Assemblyman Williams moved the adoption of the resolution.
Remarks by Assemblyman Williams.
Resolution adopted.

GENERAL FILE AND THIRD READING

Assembly Bill No. 664.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 664:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 664 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 173.
Bill read third time.
Remarks by Assemblywoman Lambert.
Roll call on Assembly Bill No. 173:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 173 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 252.
Bill read third time.
Remarks by Assemblyman Neighbors.
Roll call on Assembly Bill No. 252:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 252 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 262.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 262:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 262 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 265.
Bill read third time.
Remarks by Assemblymen Arberry and Chowning.
Roll call on Assembly Bill No. 265:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 265 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 286.
Bill read third time.
Remarks by Assemblyman Perkins.
Roll call on Assembly Bill No. 286:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 286 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 320.
Bill read third time.
Remarks by Assemblymen Gustavson, Freeman, Chowning, Collins, Ernaut and Evans.
Roll call on Assembly Bill No. 320:
Yeas -- 30.
Nays -- Buckley, Chowning, Evans, Freeman, Goldwater, Koivisto, Krenzer, Nolan, Ohrenschall, Perkins, Segerblom, Williams - 12.
Assembly Bill No. 320 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 346.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 346:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 346 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 415.
Bill read third time.
Remarks by Assemblywoman Cegavske.
Roll call on Assembly Bill No. 415:
Yeas -- 41.
Nays -- Herrera.
Assembly Bill No. 415 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 429.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Assembly Bill No. 429:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 429 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 455.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Assembly Bill No. 455:
Yeas -- 41.
Nays -- None.
Not voting -- Parks.
Assembly Bill No. 455 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 465.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 465:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 465 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 474.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Assembly Bill No. 474:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 474 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 476.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 476:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 476 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 486.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 486:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 486 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 499.
Bill read third time.
Remarks by Assemblymen Berman, Goldwater and Collins.
Roll call on Assembly Bill No. 499:
Yeas -- 18.
Nays -- Anderson, Arberry, Bache, Braunlin, Buckley, Cegavske, Close, de Braga, Evans, Freeman, Goldwater, Gustavson, Herrera, Humke, Koivisto, Krenzer, Lambert, Manendo, Mortenson, Ohrenschall, Perkins, Price, Sandoval - 23.
Not voting -- Parks.
Assembly Bill No. 499 having failed to receive a constitutional majority, Mr. Speaker declared it lost.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Price gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 499 was this day refused passage.
Remarks by Assemblyman Price.
Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 552.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Assembly Bill No. 552:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 552 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 582.
Bill read third time.
Remarks by Assemblyman Amodei.
Roll call on Assembly Bill No. 582:
Yeas -- 41.
Nays -- None.
Not voting -- Perkins.
Assembly Bill No. 582 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 618.
Bill read third time.
Remarks by Assemblymen Carpenter, Giunchigliani, Segerblom and Price.
Roll call on Assembly Bill No. 618:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 618 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 630.
Bill read third time.
Remarks by Assemblyman Herrera.
Roll call on Assembly Bill No. 630:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 630 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 641.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Assembly Bill No. 641:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 641 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 647.
Bill read third time.
Remarks by Assemblywoman Von Tobel.
Roll call on Assembly Bill No. 647:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 647 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Joint Resolution No. 14.
Resolution read third time.
Remarks by Assemblymen Close and Buckley.
Roll call on Assembly Joint Resolution No. 14:
Yeas -- 40.
Nays -- Buckley, Giunchigliani - 2.
Assembly Joint Resolution No. 14 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Resolution ordered transmitted to the Senate.

Assembly Bill No. 661.
Bill read third time.
Remarks by Assemblywoman Von Tobel.
Roll call on Assembly Bill No. 661:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 661 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 662.
Bill read third time.
Remarks by Assemblyman Close.
Roll call on Assembly Bill No. 662:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 662 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 127.
Bill read third time.
The following amendment was proposed by Assemblyman Bache:
Amendment No. 1060.
Amend section 1, page 1, line 12, after "section." by inserting:
"If the governor does not appoint one or more of the five members from the nominations submitted pursuant to this subsection, the county advisory board shall submit a new list of nominations.".
Assemblyman Bache withdrew the amendment.
Remarks by Assemblyman Humke.
Roll call on Senate Bill No. 127:
Yeas -- 42.
Nays -- None.
Senate Bill No. 127 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 428.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Senate Bill No. 428:
Yeas -- 42.
Nays -- None.
Senate Bill No. 428 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 262.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 262:
Yeas -- 42.
Nays -- None.
Senate Bill No. 262 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Carpenter moved that Senate Bill No. 15 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Carpenter.
Motion lost.

Assemblyman Humke moved that Senate Bill No. 398 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 275.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Senate Bill No. 275:
Yeas -- 33.
Nays -- Amodei, Braunlin, Carpenter, Cegavske, Close, Gustavson, Hickey, Humke, Sandoval - 9.
Senate Bill No. 275 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 281.
Bill read third time.
Remarks by Assemblywoman Segerblom.
Roll call on Senate Bill No. 281:
Yeas -- 42.
Nays -- None.
Senate Bill No. 281 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 317.
Bill read third time.
Remarks by Assemblyman Collins.
Roll call on Senate Bill No. 317:
Yeas -- 40.
Nays -- Herrera.
Not voting -- Dini.
Senate Bill No. 317 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 349.
Bill read third time.
Remarks by Assemblymen Hickey, Bache, Carpenter and Price.
Roll call on Senate Bill No. 349:
Yeas -- 38.
Nays -- Bache, Collins, Giunchigliani, Perkins - 4.
Senate Bill No. 349 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 449.
Bill read third time.
Remarks by Assemblywoman Koivisto.
Roll call on Senate Bill No. 449:
Yeas -- 42.
Nays -- None.
Senate Bill No. 449 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 473.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 473:
Yeas -- 42.
Nays -- None.
Senate Bill No. 473 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 58.
Bill read third time.
Remarks by Assemblyman Collins.
Assemblyman Collins moved that Senate Bill No. 58 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Senate Bill No. 113.
Bill read third time.
Remarks by Assemblymen Giunchigliani and Ernaut.
Roll call on Senate Bill No. 113:
Yeas -- 42.
Nays -- None.
Senate Bill No. 113 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 150.
Bill read third time.
Remarks by Assemblymen Buckley and Collins.
Roll call on Senate Bill No. 150:
Yeas -- 41.
Nays -- Collins.
Senate Bill No. 150 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Senate Bill No. 328 be placed on the General File.
Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 251.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Senate Bill No. 251:
Yeas -- 42.
Nays -- None.
Senate Bill No. 251 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 341.
Bill read third time.
Remarks by Assemblymen Parks, Carpenter and Chowning.
Assemblywoman Chowning moved that Senate Bill No. 341 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Senate Joint Resolution No. 12.
Resolution read third time.
Remarks by Assemblymen Close, Buckley, Evans, Goldwater and Carpenter.
Roll call on Senate Joint Resolution No. 12:
Yeas -- 30.
Nays -- Anderson, Berman, Braunlin, Buckley, Carpenter, Collins, Goldwater, Gustavson, Herrera, Lambert, Lee, Ohrenschall - 12.
Senate Joint Resolution No. 12 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.

Senate Bill No. 398.
Bill read third time.
Remarks by Assemblywoman de Braga.
Roll call on Senate Bill No. 398:
Yeas -- 42.
Nays -- None.
Senate Bill No. 398 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 328.
Bill read third time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1069.
Amend sec. 7.2, page 6, line 13, by deleting:
"4 and 5," and inserting:
"4, 5 and 6,".
Amend sec. 7.2, page 6, between lines 29 and 30, by inserting:
"6. If the department incurs costs related to state property that has been willfully damaged, destroyed or lost or incurs costs related to medical examination, diagnosis or treatment for an injury to an offender, the director may authorize the state controller to transfer money from the offenders' store fund to the appropriate account in the state general fund to repay or defray those costs if:
(a) The director has reason to believe that an offender caused the damage, destruction, loss or injury; and
(b) The identity of the offender is unknown or cannot be determined by the director with reasonable certainty.
The state controller shall make the transfer if authorized by the director. Any money transferred must be accounted for separately. If the identity of the offender is determined after money has been transferred, the director shall cause the offenders' store fund to be reimbursed from the offender's individual account in the prisoners' personal property fund, as money becomes available.".
Amend sec. 7.2, page 6, line 30, by deleting "6." and inserting "7.".
Amend sec. 7.2, page 6, by deleting line 39 and inserting:
"8. The statement required by subsection 7 must also authorize the".
Amend sec. 7.2, page 7, line 3, by deleting "8." and inserting "9.".
Amend sec. 7.2, page 7, line 6, by deleting "9." and inserting "10.".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, July 1, 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. 30, 65, 150, 188, 205, 350, 367, 374, 387, 407, 409, 557, 583, 594, 599, 600, 601.
Also, I have the honor to inform your honorable body that the Senate on this day passed Assembly Joint Resolution No. 20.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 25.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 478, 489, 490.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 478.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Senate Bill No. 489.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 490.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

UNFINISHED BUSINESS
Consideration of Senate Amendments

Assembly Bill No. 470.
The following Senate amendment was read:
Amendment No. 874.
Amend the bill as a whole by deleting section 1, renumbering sections 2 and 3 as sections 4 and 5, and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
"Section 1. Chapter 502 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The commission shall adopt regulations to establish a program pursuant to which the division will issue special incentive elk tags. The regulations must:
(a) Set forth the application and annual review processes for the issuance of special incentive elk tags.
(b) Require that an application for a special incentive elk tag be accompanied by:
(1) The fee charged for an elk tag pursuant to NRS 502.250; and
(2) Any administrative fee charged in connection with the issuance of an elk tag pursuant to this chapter.
(c) Provide for the issuance of a special incentive elk tag only to a person who:
(1) Lawfully owns, leases or manages private land within an actual elk use area; and
(2) If that private land blocks reasonable access to adjacent public land, provides reasonable access through the private land to allow a person or hunting party possessing a valid elk tag to hunt elk on the adjacent public land.
(d) Establish criteria for the issuance of special incentive elk tags based upon:
(1) The percentage of private land controlled by the applicant;
(2) The portion of the population of elk above the target level for elk established by the land management agency; and
(3) Limiting the number of special incentive elk tags issued in each calendar year to not more than one-half of the bull elk tags issued in that calendar year,
within the actual elk use area in the unit or units of the management area or areas in which the private land is located.
(e) Provide that special incentive elk tags are valid for both sexes of elk.
(f) Prohibit a person who has, within a particular calendar year, applied for or received compensation pursuant to NRS 504.165 as reimbursement for damage caused by elk to private land from applying, within the same calendar year, for a special incentive elk tag for the same private land.
(g) Allow a group of owners, lessees and managers of private land to qualify for a special incentive elk tag for their combined lands.
(h) Ensure that the issuance of special incentive elk tags will not result in the number of bull elk tags issued in any year being reduced to a number below the quota for bull elk tags established by the commission for 1997.
(i) Provide that a person to whom a special incentive elk tag is issued by the commission pursuant to this section may:
(1) If he holds a valid hunting license issued by this state, use the special incentive elk tag himself; or
(2) Sell the special incentive elk tag to another person who holds a valid hunting license issued by this state at any price upon which the parties mutually agree.
(j) Require that a person who is issued a special incentive elk tag hunt:
(1) During the open season for elk.
(2) In the unit or units within the management area or areas in which the private land is located.
(k) Provide for the appointment of an arbitration panel to resolve disputes between persons who apply for special incentive elk tags and the division regarding the issuance of such tags.
2. As used in this section, "actual elk use area" means an area in which elk live, as identified and designated by the division.
Sec. 3. 1. The commission may adopt regulations establishing a program pursuant to which the division may issue special incentive deer tags to owners, lessees and managers of private land in this state for use on the private land of such owners, lessees or managers.
2. The regulations must:
(a) Require that the owner, lessee or manager who is lawfully in control of private land must, before he is issued a special incentive deer tag:
(1) Allow the hunting and viewing of wildlife on his land by the general public; or
(2) Enter into a cooperative agreement with the division to improve deer or other wildlife habitat on his land.
(b) Allow the owner, lessee or manager to sell any special incentive deer tag that he is issued pursuant to the program.".
Amend the title of the bill, second line, after "tags;" by inserting:
"authorizing the board to adopt regulations establishing a program for the issuance of special incentive deer tags;".
Amend the summary of the bill to read as follows:
"SUMMARY--Makes changes concerning special incentive tags for certain wildlife. (BDR 45-1470)".
Assemblywoman de Braga moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 470.
Remarks by Assemblywoman de Braga.
Motion carried.
Bill ordered transmitted to the Senate.

Assembly Bill No. 556.
The following Senate amendment was read:
Amendment No. 844.
Amend sec. 2, page 2, line 1, by deleting the italicized semicolon and inserting:
", except when an owner of a unit in the time-share project who has a right to use or occupy the unit is occupying the unit pursuant to a time-share instrument as defined in NRS 119A.150;".
Amend sec. 2, page 2, line 25, by deleting the italicized semicolon and inserting:
", except when an owner of a unit in the time-share project who has a right to use or occupy the unit is occupying the unit pursuant to a time-share instrument as defined in NRS 119A.150;".
Assemblywoman Lambert moved that the Assembly concur in the Senate amendment to Assembly Bill No. 556.
Remarks by Assemblywoman Lambert.
Motion carried.
Bill ordered enrolled.

Assemblyman Perkins moved that the Assembly recess until 4:30 p.m.
Motion carried.

Assembly in recess at 2:02 p.m.

ASSEMBLY IN SESSION

At 4:57 p.m.
Mr. Speaker presiding.
Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:
Your Committee on Commerce, to which was referred Assembly Bill No. 541, 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 Committee on Elections, Procedures, and Ethics, to which was referred Assembly Concurrent Resolution No. 56, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Christina R. Giunchigliani,

Chairman

Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 632, 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 Judiciary, to which was referred Senate Bill No. 446, 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. 350, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Marcia de Braga,

Chairman

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, July 1, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted the report of the second Committee on Conference concerning Assembly Bill No. 15.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 56.
Resolution read.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted.

Assemblyman Perkins moved that Assembly Bill No. 632; Senate Bills Nos. 331, 368, 446 be placed on the Second Reading File.
Motion carried.

Assemblyman Perkins moved that Assembly Bills Nos. 183, 371, 584 be placed on the General File.
Motion carried.

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

Assembly in recess at 5:02 p.m.

ASSEMBLY IN SESSION

At 5:24 p.m.
Mr. Speaker presiding.
Quorum present.

SECOND READING AND AMENDMENT

Assembly Bill No. 632.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 921.
Amend section 1, page 1, by deleting line 12 and inserting:
"(a) Appoint the director.".
Amend section 1, page 1, line 15, after "auditor," by inserting "legislative counsel,".
Amend the bill as a whole by deleting sec. 2.
Amend the title of the bill to read as follows:
"AN ACT relating to the legislature; revising the provisions relating to the appointment of the legislative auditor, legislative counsel and research director of the legislative counsel bureau; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY--Revises provisions relating to appointment of legislative auditor, legislative counsel and research director of legislative counsel bureau. (BDR 17-976)".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 331.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1032.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
"Whereas, The framers of the United States Constitution and the constitution of the State of Nevada, recognizing that participation by citizens in government is an inalienable right which is essential to the survival of democracy, secured its protection by giving the people the right to petition the government for redress of grievances in the First Amendment to the United States Constitution and in section 10 of article 1 of the constitution of the State of Nevada; and
Whereas, The communications, information, opinions, reports, testimony, claims and argument provided by citizens to their government are essential to wise governmental decisions and public policy, the public health, safety and welfare, effective law enforcement, the efficient operation of governmental programs, the credibility and trust afforded government and the continuation of our representative form of government; and
Whereas, Civil actions are being filed against many citizens, businesses and organizations based on their valid exercise of their right to petition; and
Whereas, Such lawsuits, called "Strategic Lawsuits Against Public Participation," or "SLAPPs," are typically dismissed, but often not before the defendant is put to great expense, harassment and interruption of their productive activities; and
Whereas, The number of SLAPPs has increased significantly over the past 30 years; and
Whereas, SLAPPs are an abuse of the judicial process in that they are used to censor, chill, intimidate or punish persons for involving themselves in public affairs; and
Whereas, The threat of financial liability, litigation costs and other personal losses from groundless civil actions seriously affects governmental, commercial and individual rights by significantly diminishing public participation in government, in public issues and in voluntary service; and
Whereas, Although courts have recognized and discouraged SLAPPs, protection of this important right has not been uniform or comprehensive; and
Whereas, It is essential to our form of government that the constitutional rights of citizens to participate fully in the process of government be protected and encouraged; now, therefore,".
Amend sec. 3, page 1, by deleting lines 7 through 11 and inserting:
"Sec. 3. "Good faith communication" means any:
1. Communication that is aimed at procuring any governmental or electoral action, result or outcome;
2. Communication of information or a complaint to a legislator, officer or employee of the Federal Government, this state or a political subdivision of this state, regarding a matter reasonably of concern to the respective governmental entity; or
3. Written or oral communication made in direct connection with an issue under consideration by a legislative, executive or judicial body, or any other official proceeding authorized by law,
which is made to further the right of the person making the communication to free speech or to petition and which is truthful or is made without knowledge of its falsehood.".
Amend sec. 5, page 1 by deleting line 16 and inserting:
"41.650 A person who [in] makes a good faith [communicates a complaint or]".
Amend sec. 5, pages 1 and 2, by deleting line 20 on page 1 and lines 1 and 2 on page 2 and inserting:
"governmental entity] communication is immune from civil liability on [claims] a claim based upon the communication.".
Amend sec. 6, page 2, by deleting lines 4 through 15 and inserting:
"41.660 [In any civil action brought against a person who in good faith communicated a complaint or information to a legislator, officer or employee of this state or of a political subdivision regarding a matter reasonably of concern to the respective governmental entity, the]
1. If an action is brought against a person based upon a good faith communication:
(a) The person against whom the action is brought may file a special motion to dismiss; and
(b) The attorney general or [other legal representative of the state or the legal representative of] the chief legal officer or attorney of a political subdivision [may provide for the defense of the action on behalf] of this state may defend or otherwise support the person [who communicated the complaint or information.] against whom the action is brought. If the [legal representative of a political subdivision does not provide for the defense of such an action relating to a communication to a legislator, officer or employee of the political subdivision, the] attorney general [may provide for the defense of the action.] or the chief legal officer or attorney of a political subdivision has a conflict of interest in, or is otherwise disqualified from, defending or otherwise supporting the person, the attorney general or the chief legal officer or attorney of a political subdivision may employ special counsel to defend or otherwise support the person.
2. A special motion to dismiss must be filed within 60 days after service of the complaint, which period may be extended by the court for good cause shown.
3. If a special motion to dismiss is filed pursuant to subsection 2, the court shall:
(a) Treat the motion as a motion for summary judgment;
(b) Stay discovery pending:
(1) A ruling by the court on the motion; and
(2) The disposition of any appeal from the ruling on the motion; and
(c) Rule on the motion within 30 days after the motion is filed.
4. If the court dismisses the action pursuant to a special motion to dismiss, the dismissal operates as an adjudication upon the merits.".

Amend sec. 7, page 2, line 17, by inserting an open bracket before "1.".
Amend sec. 7, page 2, line 19, by deleting the open bracket before "communicated".
Amend sec. 7, page 2, by deleting lines 22 through 29 and inserting:
"concern to the respective governmental entity is entitled to] If the court grants a special motion to dismiss filed pursuant to NRS 41.660:
1. The court shall award reasonable costs and attorney's fees [.
2. If a legal representative of this state or of a political subdivision provides the defense in such an action, the state or political subdivision:
(a) If the legal representative prevails, is entitled] to the person against whom the action was brought, except that the court shall award reasonable costs and attorney's fees [; or
(b) If the legal representative does not prevail, must pay reasonable costs and attorney's fees.] to this state or to the appropriate political subdivision of this state if the attorney general, the chief legal officer or attorney of the political subdivision or special counsel provided the defense for the person pursuant to NRS 41.660.
2. The person against whom the action is brought may bring a separate action to recover:
(a) Compensatory damages;
(b) Punitive damages; and
(c) Attorney's fees and costs of bringing the separate action.".
Amend the title of the bill to read as follows:
"AN ACT relating to actions concerning persons; revising provisions governing the immunity granted to a person who makes certain communications concerning certain matters related to government; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY--Revises provisions governing immunity granted to person who makes certain communications concerning certain matters related to government. (BDR 3-219)".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 368.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 1057.
Amend section 1, page 2, line 24, after "notification" by inserting:
"of a final written decision".
Amend section 1, page 2, after line 33, by inserting:
"7. As used in this section, "substantiated claims for wages" has the meaning ascribed to it in section 2 of this act.".
Amend sec. 2, page 3, lines 2 and 3, by deleting:
"notice and hearing" and inserting:
"providing notice and conducting a hearing pursuant to the provisions of this chapter.".
Amend the title of the bill to read as follows:

"AN ACT relating to contractors; requiring a contractor to file a bond or establish a deposit with the state contractors' board to cover payroll expenses under certain circumstances; requiring the labor commissioner to notify the board after making a final written decision relating to certain claims filed against a contractor; and providing other matters properly relating thereto.".
Amend the summary of the bill, first line, by deleting "in" and inserting "under".
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. 446.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1071.
Amend section 1, page 1, line 13, by deleting the brackets.
Amend the title of the bill by deleting the third and fourth lines and inserting:
"marriage licenses in certain counties; and".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Assembly Bill No. 541 be placed on the Second Reading File.
Motion carried.

Assemblyman Perkins moved that for the balance of the session, all bills and resolutions returned from reprint be declared emergency measures under the Constitution and placed on the General File.
Motion carried.

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, July 1, 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. 151, 233, 615.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 45.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 235, 315.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 35, 293, 318, 372, 409, 426, 430, 460, 464, 468, 472, 480.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 35.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 235.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 293.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 315.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 318.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 372.
Assemblyman Perkins moved that the bill be referred to the Committee on Labor and Management.
Motion carried.

Senate Bill No. 409.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 426.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 430.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.

Senate Bill No. 460.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 464.
Assemblyman Perkins moved that the bill be referred to the Committee on Taxation.
Motion carried.

Senate Bill No. 468.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 472.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.

Senate Bill No. 480.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:
Your Committee on Commerce, to which was referred Assembly Bill No. 384, 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 Committee on Education, to which was referred Senate Bill No. 169, 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 Government Affairs, to which was referred Assembly Bill No. 540, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Committee on Labor and Management, to which was referred Senate Bill No. 396, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Saundra Krenzer,

Chairman

Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 531, 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 Taxation, to which was referred Senate Bill No. 233, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Robert E. Price,

Chairman

Mr. Speaker:
Your Committee on Transportation, to which were referred Senate Bills Nos. 434, 443, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Vonne Chowning,

Chairman

Mr. Speaker:
Your Committee on Transportation, to which were referred Assembly Bill No. 657; Senate Bill No. 457, 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

SECOND READING AND AMENDMENT

Assembly Bill No. 541.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 1063.
Amend the bill as a whole by deleting sections 1 through 5 and renumbering sec. 6 as section 1.
Amend sec. 6, page 3, by deleting lines 21 through 31 and inserting:
"Section 1. NRS 118B.090 is hereby amended to read as follows:
118B.090 The landlord shall:
1. Maintain all common areas of the park in a clean and safe condition;
2. Maintain in good working order all electrical, plumbing and sanitary facilities, appliances and recreational facilities which he furnishes; [and]
3. Maintain in a safe and secure location individual mail boxes for the tenants if the mail is delivered to the landlord for distribution to the tenants [.] ; and
4. Maintain in a clean and safe condition all driveways within the park and sidewalks adjacent to the street.".
Amend the bill as a whole by deleting sections 7 through 10 and renumbering sections 11 and 12 as sections 2 and 3.
Amend sec. 11, pages 6 through 8, by deleting lines 32 through 44 on page 6, lines 1 through 44 on page 7 and lines 1 through 12 on page 8 and inserting:
"Sec. 2. NRS 118B.150 is hereby amended to read as follows:
118B.150 The landlord or his agent or employee shall not:
1. Increase rent or additional charges unless:
(a) The [rental] rent charged after the increase is the same rent charged for mobile homes of the same size or lots of the same size or of a similar location [or classification] within the park, except that a discount may be selectively given to persons who are [handicapped or who are 62] :
(1) Handicapped;
(2) Fifty-five years of age or older [, and any] ; or
(3) Long-term tenants of the park if the landlord has specified in the rental agreement or lease the period of tenancy required to qualify for such a discount;
(b) Any increase in additional charges for special services is the same amount for each tenant using the special service; and
[(b)] (c) Written notice advising a tenant of the increase is received by the tenant 90 days before the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy. 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.
2. Require a tenant to pay for an improvement to the common area of a mobile home park unless the landlord is required to make the improvement pursuant to an ordinance of a local government.
3. Require a tenant to pay for a capital improvement to the mobile home park unless the tenant has notice of the requirement at the time he enters into the rental agreement. A tenant may not be required to pay for a capital improvement after the tenant enters into the rental agreement unless the tenant consents to it in writing or is given 60 days' notice of the requirement in writing. The landlord may not establish such a requirement unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposal. A notice in a periodic publication of the park does not constitute notice for the purposes of this subsection.
4. Require a tenant to pay his rent by check or money order.
5. Require a tenant who pays his rent in cash to apply any change to which he is entitled to the next periodic payment that is due. The landlord or his agent or employee shall have an adequate amount of money available to provide change to such a tenant.
6. Prohibit or require fees or deposits for any meetings held in the park's community or recreational facility by the tenants or occupants of any mobile home or recreational vehicle in the park to discuss the park's affairs, or any political or social meeting sponsored by a tenant, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of those meetings.
7. Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages.
8. Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and holidays excluded, and if the park is a secured park, a guest may be required to register upon entering and leaving.
9. Charge a fee for a guest who does not stay with the tenant for more than a total of 60 days in a calendar year. The tenant of a mobile home lot who is living alone may allow one other person to live in his home without paying an additional charge or fee, unless such a living arrangement constitutes a violation of chapter 315 of NRS. No agreement between a tenant and his guest alters or varies the terms of the rental contract between the tenant and the landlord and the guest is subject to the rules and regulations of the landlord.
10. Prohibit a tenant from erecting a fence along the perimeter of the tenant's lot if the fence complies with any standards for fences established by the landlord, including limitations established for the height of fences, the materials used for fences and the manner in which fences are to be constructed.
11. Prohibit any tenant from soliciting membership in any association which is formed by the tenants who live in the park. As used in this subsection, "solicit" means to make an oral or written request for membership or the payment of dues or to distribute, circulate or post a notice for payment of those dues.
12. Prohibit a public officer or candidate for public office from walking through the park to talk with the tenants.".
Amend sec. 12, page 8, by deleting lines 28 and 29 and inserting:
"subtenant meets the general requirements for tenancy in the park.".
Amend sec. 12, page 8, between lines 31 and 32, by inserting:
"6. Purchase a mobile home within the park if he has denied:
(a) A tenant the right to sell that mobile home; or
(b) A prospective buyer the right to purchase that mobile home.".
Amend the bill as a whole by deleting sections 13 through 16 and renumbering sections 17 through 19 as sections 4 through 6.
Amend sec. 17, page 10, line 29, by deleting:
"18 and 19" and inserting:
"5 and 6".
Amend sec. 18, page 10, by deleting lines 30 through 34 and inserting:
"Sec. 5. 1. The division shall adopt regulations concerning continuing education requirements for installers, rebuilders and servicemen of mobile homes. The regulations must include the:
(a) Criteria for determining what qualifies as continuing education;".
Amend sec. 18, page 11, line 3, by deleting "initial or".
Amend sec. 18, page 11, by deleting lines 18 through 20 and inserting:
"servicing of manufactured homes and the method of educating licensees.
3. The division is not responsible for the costs of any".
Amend sec. 18, page 11, by deleting lines 28 and 29 and inserting:
"(d) Nevada Association of Manufactured Homeowners;
(e) Nevada Association of Realtors; and
(f) Any other organization approved by the division.".
Amend sec. 19, page 11, by deleting lines 30 through 40 and inserting:
"Sec. 6. If a licensee is an installer, rebuilder or serviceman of mobile homes, the division shall not renew a license issued to that licensee until the licensee has submitted proof satisfactory to the division that he has, during the 2-year period immediately preceding the renewal of the license, completed at least 8 hours of continuing education approved by the division pursuant to section 5 of this act.".
Amend the bill as a whole by deleting sec. 20 and renumbering sections 21 and 22 as sections 7 and 8.
Amend sec. 21, page 12, line 10, by deleting "18" and inserting "5".
Amend sec. 22, page 12, by deleting lines 12 through 16 and inserting:
"Sec. 8. 1. This section and sections 4, 5 and 7 of this act become effective upon passage and approval.
2. Sections 1, 2 and 3 of this act become effective on October 1, 1997.
3. Section 6 of this act becomes effective on October 1, 1998.".
Amend the title of the bill to read as follows:
"AN ACT relating to mobile homes; requiring a landlord of a mobile home park to maintain driveways within and sidewalks adjacent to the street; prohibiting a landlord of a mobile home park from purchasing a mobile home within the park in certain circumstances; requiring the manufactured housing division of the department of business and industry to adopt regulations concerning continuing education requirements for sellers, dealers and installers of mobile homes; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY--Makes various changes regarding mobile homes, mobile home parks and persons who install, rebuild or service mobile homes. (BDR 10-707)".
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

GENERAL FILE AND THIRD READING

Assembly Bill No. 183.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1073.
Amend section 1, page 1, lines 3 and 4, by deleting:
"assistance to the medically indigent" and inserting "Medicaid ".
Amend section 1, page 1, by deleting lines 9 and 10 and inserting:
"(b) Who is covered by the state plan for Medicaid; and ".
Amend sec. 2, page 2, line 3, by deleting:
"assistance to the medically indigent" and inserting "Medicaid".
Amend sec. 2, page 2, by deleting lines 8 and 9 and inserting:
"(b) Who is covered by the state plan for Medicaid; and".
Amend sec. 9, page 2, lines 35 and 36, by deleting:
"assistance to the medically indigent." and inserting "Medicaid.".

Amend sec. 14, page 4, lines 13 and 14, by deleting:
"the effective date of this act," and inserting:
"June 30, 1997,".
Amend sec. 15, page 4, by deleting lines 23 and 24 and inserting:
"act become effective on June 30, 1997.".
Amend the title of the bill by deleting the second line and inserting:
"indigent; revising the state plan for Medicaid; making an".
Amend the summary of the bill to read as follows:
"SUMMARY--Revises provisions governing state plan for Medicaid. (BDR 38-296)".
Assemblywoman Evans moved the adoption of the amendment.
Remarks by Assemblywoman Evans.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

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

Assembly in recess at 5:49 p.m.

ASSEMBLY IN SESSION

At 5:51 p.m.
Mr. Speaker presiding.
Quorum present.

GENERAL FILE AND THIRD READING

Assembly Bill No. 371.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 371:
Yeas -- 41.
Nays -- None.
Absent -- Price.
Assembly Bill No. 371 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 584.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1072.
Amend sec. 7, page 4, line 21, after "inclusive," by inserting:
"and section 5 of [this act,] Senate Bill No. 355 of this session".
Amend sec. 7, page 4, by deleting line 23 and inserting:
"and terms defined in NRS 483.030 to 483.190, inclusive, and sections 2, 3 and 4 of [this act,] Senate Bill No. 355 of this session and section 2 of ".
Amend sec. 7, page 4, line 24, by deleting "respectively".
Amend sec. 11, page 8, by deleting line 29 and inserting:
"Sec. 11. Sections 7 and 8 of this act become effective at 12:01 a.m. on".
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 314.
Bill read third time.
Remarks by Assemblywoman Buckley.
Assemblywoman Buckley moved that Senate Bill No. 314 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Senate Bill No. 350.
Bill read third time.
Remarks by Assemblywoman de Braga.
Roll call on Senate Bill No. 350:
Yeas -- 42.
Nays -- None.
Senate Bill No. 350 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 402.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Senate Bill No. 402:
Yeas -- 42.
Nays -- None.
Senate Bill No. 402 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 169.
Bill read third time.
Remarks by Assemblyman Williams.
Roll call on Senate Bill No. 169:
Yeas -- 41.
Nays -- Hickey.
Senate Bill No. 169 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 396.
Bill read third time.
Remarks by Assemblyman Nolan.
Roll call on Senate Bill No. 396:
Yeas -- 42.
Nays -- None.
Senate Bill No. 396 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 434.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Senate Bill No. 434:
Yeas -- 42.
Nays -- None.
Senate Bill No. 434 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 443.
Bill read third time.
Remarks by Assemblyman Amodei.
Roll call on Senate Bill No. 443:
Yeas -- 42.
Nays -- None.
Senate Bill No. 443 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

REPORTS OF COMMITTEES

Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 436, 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

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Bache moved that Assembly Bill No. 547 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 609.
Bill read third time.
The following amendment was proposed by the Committee on Labor and Management:
Amendment No. 1078.
Amend the bill as a whole by deleting sections 24 and 25 and inserting:
"Secs. 24 and 25. (Deleted by amendment.)".
Amend sec. 50, page 25, by deleting lines 3 through 9 and inserting:
"previous offense, guilty of a category [D] C felony and shall be punished as provided in NRS 193.130.".
Amend sec. 81, page 40, line 40, by deleting "24, 25,".
Assemblywoman Krenzer moved the adoption of the amendment.
Remarks by Assemblywoman Krenzer.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 547.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 547:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 547 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

UNFINISHED BUSINESS
Consideration of Senate Amendments

Assembly Bill No. 104.
The following Senate amendment was read:
Amendment No. 910.
Amend sec. 2, page 1, by deleting lines 5 through 7 and inserting:
"district pursuant to section 1 of this act must".
Amend sec. 3, page 1, by deleting lines 12 through 18 and inserting:
"the district judges' salaries account the sum of $193,086 for salaries of the additional district judges required pursuant to section 1 of this act.
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".
Amend sec. 5, page 2, line 4, by deleting:
"2, 3 and 4" and inserting "2 and 4".
Amend sec. 5, page 2, by deleting line 6 and inserting:
"2. Section 3 of this act becomes effective on January 1, 1999.
3. Section 1 of this act becomes effective on January 4, 1999.".
Amend the title of the bill, second line, by deleting "appropriations;" and inserting "an appropriation;".
Assemblyman Arberry moved that the Assembly concur in the Senate amendment to Assembly Bill No. 104.
Remarks by Assemblyman Arberry.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 538.
The following Senate amendment was read:
Amendment No. 869.
Amend section 1, page 1, line 10, by deleting the italicized semicolon.
Amend section 1, page 1, line 11, after "law;]" by inserting:
"as a gaming activity;".
Amend sec. 2, page 2, line 16, after "racing" by inserting:
"as a gaming activity".
Amend the title of the bill, first line, after:
"to conduct dog racing" by inserting:
"as a gaming activity".
Amend the summary of the bill by deleting "unlawful." and inserting:
"unlawful in certain circumstances.".
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 538.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 538.
The following Senate amendment was read:
Amendment No. 939.
Amend section 1, page 2, after line 13 by inserting:
"5. A shooting range is not a public nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:
(a) As those provisions existed on October 1, 1997, for a shooting range that begins operation on or before October 1, 1997; or
(b) As those provisions exist on the date that the shooting range begins operation, for a shooting range in operation after October 1, 1997.
A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.
6. As used in this section, "shooting range" has the meaning ascribed to it in NRS 40.140.".
Amend the bill as a whole by adding a new section designated sec. 20, following sec. 19, to read as follows:
"Sec. 20. Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1997.".
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 538.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.

Reports of Conference Committees

Mr. Speaker:
The first Committee on Conference concerning Assembly Bill No. 99, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Senate be concurred in.
It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 8, which is attached to and hereby made a part of this report.
Jack Close
Dario Herrera
John Marvel
Assembly Committee on Conference
Mark James
Bernice Mathews
Michael Schneider
Senate Committee on Conference

Conference Amendment No.8.
Amend the bill as a whole by renumbering section 1 as sec. 4 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
"Section 1 NRS 218.241 is hereby amended to read as follows:
218.241 1. Upon request made within the time allowed and within limits established by the legislature by concurrent resolution, the legislative counsel shall advise any agency or officer of the executive branch of the state government, and shall advise any county , school district or city, as to the preparation of measures to be submitted to the legislature.
2. To ensure the greatest possible equity in the handling of requests, drafting must proceed as follows:
(a) Requests for legislative measures from each agency or officer of the executive branch of the state government or from a county , school district or city must, insofar as is possible, be acted upon in the order in which they are received, unless a different priority is designated by the requester.
(b) As soon as an agency or officer of the executive branch of the state government has requested 10 legislative measures for any session , the legislative counsel may request the agency or officer to designate the priority for each succeeding request.
(c) Within 2 weeks after the commencement of a regular session of the legislature, any county , school district or city which has requested the preparation of more than one legislative measure for that session shall submit to the legislative counsel a list which designates the order of priority for each request.
The priority designated pursuant to this subsection must guide the legislative counsel in acting upon the requests of the respective agencies and officers of the executive branch of the state government and the counties, school districts and cities to ensure each agency and officer, and each county , school district and city, as nearly as is possible, an equal rank.
Sec. 2. NRS 218.2413 is hereby amended to read as follows:
218.2413 1. Except as otherwise provided in subsections 3 [and 4,] , 4 and 5, each board of county commissioners , board of trustees of a school district and city council may request the legislative counsel and the legal division of the legislative counsel bureau to prepare any legislative measure which has been approved by the governing body of the county , school district or city at a public hearing before its submission to the legislative counsel bureau.
2. The legislative counsel shall notify the requesting county , school district or city if its request substantially duplicates a request previously submitted by another county , school district or city.
3. The board of county commissioners of a county whose population:
(a) Is 400,000 or more shall not request the preparation of more than [30] 33 legislative measures pursuant to subsection 1 for a regular legislative session. At least three of the measures must be recommended by a metropolitan police department that is located within the county.
(b) Is 100,000 or more but less than 400,000 shall not request the preparation of more than 25 legislative measures pursuant to subsection 1 for a regular legislative session.
(c) Is less than 100,000 shall not request the preparation of more than 5 legislative measures pursuant to subsection 1 for a regular legislative session.
4. The board of trustees of a school district in a county whose population:
(a) Is 400,000 or more shall not request the preparation of more than 5 legislative measures pursuant to subsection 1 for a regular legislative session.
(b) Is 100,000 or more but less than 400,000 shall not request the preparation of more than 3 legislative measures pursuant to subsection 1 for a regular legislative session.
(c) Is less than 100,000 shall not request the preparation of more than 1 legislative measure pursuant to subsection 1 for a regular legislative session.
5. The city council of a city whose population:
(a) Is 100,000 or more shall not request the preparation of more than 10 legislative measures pursuant to subsection 1 for a regular legislative session.
(b) Is less than 100,000 shall not request the preparation of more than 5 legislative measures pursuant to subsection 1 for a regular legislative session.
Sec. 3. NRS 218.245 is hereby amended to read as follows:
218.245 1. Except as otherwise provided in subsections 2 and 5, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the executive branch of the state government or for a county , school district or city before a regular session of the legislature unless the request is approved by the governor or a designated member of his staff, or the governing body of the county , school district or city, and transmitted to the legislative counsel before September 1 preceding the convening of the session.
2. A request for proposed legislation may be submitted to the legislative counsel by the board of regents of the University of Nevada, lieutenant governor, secretary of state, attorney general, state controller or state treasurer without the approval of the governor or a designated member of his staff.
3. After November 1, preceding a legislative session, the legislative counsel and the legal division of the legislative counsel bureau shall give full priority to the preparation of proposed legislation requested by members of the legislature.
4. The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the legislature except upon the request of a member of the legislature or the personal written request of the governor.
5. An agency or officer of the executive branch of the state government or a county , school district or city, shall not request a legislator to have legislation drafted on its behalf. The legislative commission, when the legislature is not in session, or a standing committee which has jurisdiction of the subject matter when the legislature is in session, may, if it finds that exceptional circumstances so warrant, authorize the drafting of legislation requested after the time limited by subsection 1.".
Amend the title of the bill to read as follows:
"AN ACT relating to legislation; authorizing a board of trustees of a school district to request the preparation of a certain number of legislative measures; authorizing boards of county commissioners of certain counties to request the preparation of an additional number of legislative measures; limiting the authority to prefile a bill or joint resolution to legislators; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY--Revises provisions relating to requests for and prefiling of legislative measures. (BDR 17-331)".
Assemblyman Close moved to adopt the report of the first Committee on Conference concerning Assembly Bill No. 99.
Remarks by Assemblyman Close.
Motion carried.

Mr. Speaker:
The first Committee on Conference concerning Senate Bill No. 122, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Senate be concurred in.
It has further agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 7, which is attached to and hereby made a part of this report.
Gene Wines Segerblom Mike McGinness John C. Carpenter Ernest E. Adler Clarence W. CollinsJon C. PorterAssembly Committee on ConferenceSenate Committee on Conference

Conference Amendment No.7.
Amend sec. 9, page 2, line 16, by deleting:
"16 or 17 " and inserting:
"16, 17 or 18 ".
Amend the title of the bill, second and third lines, by deleting:
"16 or 17 " and inserting:
"16, 17 or 18 ".
Assemblywoman Segerblom moved that the Assembly adopt the report of the first Committee on Conference concerning Senate Bill No. 122.
Remarks by Assemblymen Segerblom, Goldwater and Giunchigliani.
Motion lost.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Herrera, Sandoval and Buckley as a second Committee on Conference to meet with a like committee of the Senate for the further consideration of Senate Bill No. 122.

MOTIONS, RESOLUTIONS AND NOTICES

Mr. Speaker announced the appointment of Assemblymen Herrera and Amodei as additional members to the Committee on Education.

GENERAL FILE AND THIRD READING

Assembly Bill No. 644.
Bill read third time.
Remarks by Assemblyman Price.
Roll call on Assembly Bill No. 644:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 644 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

unfinished business
Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 13, 67, 153, 193, 235, 248, 264, 342, 361, 433, 469, 510, 533, 550, 560, 577, 587; Assembly Joint Resolution No. 12; Senate Bills Nos. 24, 53, 128, 133, 231, 280, 355, 404, 412, 419, 423, 459, 465; Senate Joint Resolution No. 16.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Paula Ford, Keith Schwer and Sally Martin.

On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Alexis Carroll, Teraisa Goldman-Hayley and Delia Martinez.

Assemblyman Perkins moved that the Assembly adjourn until Wednesday, July 2, 1997 at 10:30 a.m.
Motion carried.

Assembly adjourned at 6:31 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly