ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND SIXTY-SIXTH DAY
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Carson City (Friday), July 4, 1997
Assembly called to order at 11:07 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Hettrick and Segerblom, who were excused.
Prayer by the Chaplain, The Reverend Lisa Schilbe.
Lord God, You know as well as we do what day it is. As we celebrate freedom, many of us long to be set free from this room and the work before us to be with our family and friends. Set us free from the weariness, frustration and distractions that burden us. Instead, fill us with creativity, patience and renewed strength of purpose. Put a smile on our faces and help us to laugh and enjoy the close of our time with one another. We pray this in the Name of the One who offers joy and freedom to all.
Amen. Pledge of allegiance to the Flag.
Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
Richard Perkins,
Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Senate Bill No. 234, 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 Infrastructure, to which was referred Senate Bill No. 283, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
David Goldwater,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 480, 488, 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. 310, 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 Taxation, to which were referred Senate Bills Nos. 256, 450, 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 Ways and Means, to which was referred Senate Bill No. 302, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Morse Arberry, Jr.,
Chairman
Senate Chamber, Carson City, July 3, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day appointed Senators Rawson, O'Donnell and Coffin as a first Committee on Conference concerning Senate Bill No. 209.
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. 314.
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 Senate Bill No. 38 and requests a second conference, and appointed Senators James, Regan and Wiener as a second Committee on Conference to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 38.
Mary Jo Mongelli
Assistant Secretary of the Senate
By the Committee on Ways and Means:
Assembly Bill No. 670--An Act relating to projects of capital improvement; making appropriations from the state general fund and the state highway fund; providing for the issuance of general obligation bonds of the state; authorizing certain expenditures by the State Public Works Board; requiring the repayment for certain projects by certain state agencies; levying a property tax to support the consolidated bond interest and redemption fund; 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. 318.
Bill read third time.
Remarks by Assemblyman Herrera.
Roll call on Senate Bill No. 318:
Yeas -- 39.
Nays -- None.
Not voting -- Dini.
Excused -- Hettrick, Segerblom - 2.
Senate Bill No. 318 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 302.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Senate Bill No. 302:
Yeas -- 40.
Nays -- None.
Excused -- Hettrick, Segerblom - 2.
Senate Bill No. 302 having received a constitutional majority, Mr. Speaker declared it passed.
Bill 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 11:23 a.m.
At 12:20 p.m.
Mr. Speaker presiding.
Quorum present.
Wendell P. Williams,
Chairman
Mr. Speaker:
Your Committee on Education, to which was referred Senate Bill No. 271, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and re-refer to the Committee on Ways and Means.
Wendell P. Williams,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which were referred Senate Bills Nos. 235, 293, 427, 461, 463, 468, 493, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Morse Arberry, Jr.,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Senate Bill No. 194, 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
Mr. Speaker:
Your Concurrent Committee on Ways and Means, to which was referred Senate Bill No. 285, 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 Bill No. 283.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Senate Bill No. 283:
Yeas -- 40.
Nays -- None.
Excused -- Hettrick, Segerblom - 2.
Senate Bill No. 283 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 235.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Senate Bill No. 235:
Yeas -- 40.
Nays -- None.
Excused -- Hettrick, Segerblom - 2.
Senate Bill No. 235 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 293.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Senate Bill No. 293:
Yeas -- 40.
Nays -- None.
Excused -- Hettrick, Segerblom - 2.
Senate Bill No. 293 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 427.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Senate Bill No. 427:
Yeas -- 38.
Nays -- Evans.
Not voting -- Krenzer.
Excused -- Hettrick, Segerblom - 2.
Senate Bill No. 427 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 461.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Senate Bill No. 461:
Yeas -- 40.
Nays -- None.
Excused -- Hettrick, Segerblom - 2.
Senate Bill No. 461 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 463.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Senate Bill No. 463:
Yeas -- 40.
Nays -- None.
Excused -- Hettrick, Segerblom - 2.
Senate Bill No. 463 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 468.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Senate Bill No. 468:
Yeas -- 40.
Nays -- None.
Excused -- Hettrick, Segerblom - 2.
Senate Bill No. 468 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 493.
Bill read third time.
Remarks by Assemblyman Arberry.
Yeas -- 34.
Nays -- Amodei, Bache, Collins, Freeman, Giunchigliani, Gustavson--6.
Excused -- Hettrick, Segerblom - 2.
Senate Bill No. 493 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assemblyman Perkins moved that Assembly Bill No. 482; Senate Bills Nos. 12, 285, 464 be placed on the General File.
Motion carried.
Assemblyman Perkins moved that Senate Concurrent Resolution No. 46 be placed on the Resolution File.
Motion carried.
Assemblyman Perkins moved that Senate Bill No. 320 be taken from the Chief Clerk's desk and placed on the General File.
Motion carried.
Senate Concurrent Resolution No. 46.
Resolution read.
Assemblyman Williams moved the adoption of the resolution.
Remarks by Assemblyman Williams.
Resolution adopted.
Senate Bill No. 256.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 1174.
Amend sec. 2, page 2, line 21, by deleting "agreement" and inserting:
"[agreement] period for which the exemption was granted ".
Amend sec. 3, page 3, by deleting line 15 and inserting:
"period for which the exemption was granted or until the".
Assemblyman Price moved the adoption of the amendment.
Remarks by Assemblyman Price.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 450.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 1173.
Amend section 1, page 2, line 43, by deleting "3" and inserting "4 ".
Amend the bill as a whole by renumbering sections 2 through 7 as sections 3 through 8 and adding a new section designated sec. 2, following section 1, to read as follows:
"Sec. 2. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
If an employer:
1. Pays money directly to an employee for use by the employee to pay all or a portion of the cost of child care and the employee selects the child care facility independent of and without any input from the employer;
2. Provides to an employee one or more vouchers for use by the employee to pay all or a portion of the cost of child care at a child care facility licensed and in good standing pursuant to chapter 432A of NRS;
3. Directs or refers an employee to a child care facility licensed and in good standing pursuant to chapter 432A of NRS; or
4. Negotiates a discount or other benefit for an employee at a child care facility licensed and in good standing pursuant to chapter 432A of NRS,
the employer is immune from civil liability for damages arising from or relating to the child care provided to the children of the employee if the damages are caused by an act or omission that constitutes simple negligence.".
Amend sec. 2, page 3, line 2, by deleting:
"3 and 4" and inserting:
"4 and 5".
Amend sec. 5, page 3, line 20, by deleting "3" and inserting "4 ".
Amend the title of the bill to read as follows:
Senate Bill No. 480.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1170.
Amend sec. 13, page 5, by deleting lines 33 through 38 and inserting:
"each member of the association.".
Assemblyman Sandoval moved the adoption of the amendment.
Remarks by Assemblyman Sandoval.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 488.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1195.
Amend the bill as a whole by renumbering section 1 as sec. 1.5 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. NRS 467.040 is hereby amended to read as follows:
467.040 1. The commission may employ an executive director, who must not be a member of the commission.
2. Except as otherwise provided in NRS 467.080 [and 467.135,] , 467.135 and 467.158, all money received by the executive director or the commission pursuant to the provisions of this chapter must be deposited with the state treasurer for credit to the state general fund.".
Amend sec. 3, page 3, by deleting lines 27 through 30 and inserting:
"(b) The commission shall deposit:
(1) An amount equal to 40 percent of the penalty imposed with the state treasurer for credit to the account for aid for victims of domestic violence created pursuant to NRS 217.440; and
(2) An amount equal to 40 percent of the penalty imposed with the state treasurer for credit to the fund for abused and neglected children created pursuant to section 4 of this act.
The remainder of the penalty imposed must be accounted for and used in the same manner as money".
Amend the title of the bill by deleting the seventh through eleventh lines and inserting:
"contests or exhibitions of unarmed combat to be deposited into the fund for abused and neglected children and the account for aid for victims of domestic violence; and providing other matters properly relating thereto.".
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. 12.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Senate Bill No. 12:
Yeas -- 40.
Nays -- None.
Excused -- Hettrick, Segerblom - 2.
Senate Bill No. 12 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 464.
Bill read third time.
Remarks by Assemblymen Price and Ohrenschall.
Roll call on Senate Bill No. 464:
Yeas -- 39.
Nays -- None.
Not voting -- Ohrenschall.
Excused -- Hettrick, Segerblom - 2.
Senate Bill No. 464 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 285.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Senate Bill No. 285:
Yeas -- 40.
Nays -- None.
Excused -- Hettrick, Segerblom - 2.
Senate Bill No. 285 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 320.
Bill read third time.
Remarks by Assemblyman Close.
Roll call on Senate Bill No. 320:
Yeas -- 40.
Nays -- None.
Excused -- Hettrick, Segerblom - 2.
Senate Bill No. 320 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 353.
Bill read third time.
Remarks by Assemblymen Goldwater, Giunchigliani, Carpenter and Cegavske.
Roll call on Assembly Bill No. 353:
Yeas -- 40.
Nays -- None.
Excused -- Hettrick, Segerblom - 2.
Assembly Bill No. 353 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Morse Arberry, Jr.,
Chairman
Senate Chamber, Carson City, July 4, 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. 35, 77, 123, 343, 404, 442, 472, 476, 485, 518, 589, 609, 611, 631, 648, 652, 654.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 32, 44.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 492.
Also, 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 Senate Bill No. 122.
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. 17, 58, 325, 341, 452.
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. 331.
Mary Jo Mongelli
Assistant Secretary of the Senate
Assemblyman Arberry moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 1:23 p.m.
At 1:24 p.m.
Mr. Speaker presiding.
Quorum present.
Senate Bill No. 187.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1152.
Amend section 1, page 1, by deleting lines 3 and 4 and inserting:
"353.288, the sum of $5,474,382 to increase the balance of the fund.".
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 210.
The following Senate amendment was read:
Amendment No. 1045.
Amend sec. 3, pages 1 and 2, by deleting lines 12 through 23 on page 1 and lines 1 and 2 on page 2 and inserting:
"prosecuting attorney shall provide the defendant with copies of any:
(a) Written or recorded statements or confessions made by the defendant, or any written or recorded statements made by a witness or witnesses, or any reports of statements or confessions, or copies thereof, within the possession or custody of the prosecuting attorney;
(b) Results or reports of physical or mental examinations, scientific tests or scientific experiments made in connection with the particular case, or copies thereof, within the possession or custody of the prosecuting attorney; and
(c) Books, papers, documents or tangible objects that the prosecuting attorney intends to introduce in evidence during the case in chief of the state, or copies thereof, within the possession or custody of the prosecuting attorney.".
Amend sec. 10, page 7, line 31, by deleting the open bracket.
Amend sec. 10, page 7, line 33, by deleting the closed bracket.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 210.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 306.
The following Senate amendment was read:
Amendment No. 1075.
Amend the bill as a whole by adding a new section, designated sec. 3.5, following sec. 3, to read as follows:
"Sec. 3.5. Chapter 143 of NRS is hereby amended by adding thereto a new section to read as follows:
1. On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement or distribution, or exercising any powers or discharging any duties of his office, or make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action that would jeopardize unreasonably the interest of the petitioner or of some other interested person. A person with whom the personal representative may transact business may be made a party.
2. The matter must be set for hearing within 10 days after issuance of the temporary order unless the parties otherwise agree. Notice as the court directs must be given to the personal representative and his attorney of record, if any, and to any other party named defendant in the petition.
3. As used in this section:
(a) "Person" includes, without limitation, a government, governmental agency or political subdivision of a government.
(b) "Personal representative" includes, without limitation, an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status.".
Amend sec. 9, page 3, by deleting line 26 and inserting:
"of benefits for Medicaid, and creditors, if there".
Amend sec. 10, page 5, by deleting line 10 and inserting:
"payment of benefits for Medicaid have been paid".
Amend sec. 10, page 5, line 14, by deleting the brackets.
Amend sec. 10, page 5, line 17, by deleting "and" and inserting "[and]".
Amend sec. 10, page 5, line 21, by deleting "property." and inserting:
"property [.] ; and
(j) That the affiant acknowledges that he understands that filing a false affidavit constitutes a felony in this state.".
Amend sec. 11, page 6, by deleting sec. 11 and inserting:
"Sec. 11. (Deleted by amendment.)".
Amend sec. 14, page 7, by deleting lines 27 and 28 and inserting:
"resources as a result of payment of benefits for Medicaid and wage claims to the extent of $600 of each employee of the".
Amend sec. 17, page 8, by deleting line 39 and inserting:
"distributed on a nonpro rata basis, unless the will or trust authorizes a trustee or executor to distribute property and money on a nonpro rata basis.".
Amend sec. 19, page 9, line 26, by deleting:
"any interested person" and inserting:
"a person entitled to notice pursuant to this Title".
Amend sec. 19, page 9, line 29, by deleting "14 " and inserting "10 ".
Amend sec. 19, page 9, line 32, by deleting "known;" and inserting:
"known, or by personally delivering a copy thereof to the person being notified at least 10 days before the time set for the hearing; or".
Amend sec. 19, page 9, by deleting lines 33 and 34.
Amend sec. 19, page 9, line 35, by deleting "(c)" and inserting "(b)".
Amend sec. 19, page 10, by deleting lines 3 through 10 and inserting:
"4. A person entitled to notice may, in writing, waive notice of the hearing of a petition.".
Amend the bill as a whole by adding a new section designated sec. 20.5, following sec. 20, to read as follows:
"Sec. 20.5. NRS 155.190 is hereby amended to read as follows:
155.190In addition to any order or decree from which an appeal is expressly permitted by this Title, an appeal may be taken to the supreme court within 30 days after its entry, from an order or decree:
1. Granting or revoking letters testamentary or letters of administration.
2. Admitting a will to probate or revoking the probate thereof.
3. Setting aside an estate claimed not to exceed [$25,000] $50,000 in value.
4. Setting apart property as a homestead, or claimed to be exempt from execution.
5. Granting or modifying a family allowance.
6. Directing or authorizing the sale or conveyance or confirming the sale of property.
7. Settling an account of an executor, administrator or trustee.
8. Instructing or appointing a trustee.
9. Instructing or directing an executor or administrator.
10. Directing or allowing the payment of a debt, claim, legacy or attorney's fee.
11. Determining heirship or the persons to whom distribution must be made or trust property must pass.
12. Distributing property.
13. Refusing to make any order mentioned in this section or any decision wherein the amount in controversy equals or exceeds, exclusive of costs, $1,000.
14. Granting or denying a motion to enforce the liability of a surety filed pursuant to NRS 142.035.".
Amend sec. 23, page 12, line 12, by deleting "interested persons" and inserting:
"persons entitled to notice".
Amend the title of the bill, tenth line, after "person;" by inserting:
"increasing the limit on the amount of value of an estate for which an appeal may be taken from an order or decree setting aside the estate;".
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 306.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 312.
The following Senate amendment was read:
Amendment No. 1003.
Amend section 1, page 1, line 11, by deleting ", without limitation,".
Amend the bill as a whole by adding a new section designated sec. 6, following sec. 5, to read as follows:
"Sec. 6. This act becomes effective upon passage and approval.".
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 312.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 460.
The following Senate amendment was read:
Amendment No. 1083.
Amend sec. 6, page 2, line 17, by deleting "recipients; and" and inserting "recipients;".
Amend sec. 6, page 2, line 19, by deleting "608." and inserting:
"608; and
(c) Encourage recipients to expand their future opportunities for employment by continuing their education.".
Assemblywoman Freeman moved that the Assembly concur in the Senate amendment to Assembly Bill No. 460.
Remarks by Assemblywoman Freeman.
Motion carried.
Bill ordered enrolled.
Assembly Bill No. 512.
The following Senate amendment was read:
Amendment No. 1087.
Amend section 1, page 1, line 2, by deleting:
"2 to 5, inclusive," and inserting:
"2, 3 and 4".
Amend sec. 2, page 1, line 3, by deleting:
"2 to 5, inclusive," and inserting:
"2, 3 and 4 ".
Amend sec. 3, page 2, by deleting lines 3 through 13 and inserting:
"(a) An agreement by the contractor that he will, before any work is begun on the residential pool or spa:
(1) Examine any document of the building department of the county in which the pool or spa will be constructed that indicates whether the proposed project is located within an area that has been designated by the building department as a special geotechnical consideration area based on the properties of the soil in the area; and
(2) If the proposed project is located within such an area, take such actions as are necessary to ensure that:
(I) A professional engineer who is licensed pursuant to chapter 625 of NRS conducts an analysis of the soil at the site of the proposed project to ascertain the properties of the soil and to determine whether the soil is suitable for such construction; and
(II) The structural design of the proposed project is suitable for the properties of the soil at the site of the proposed construction.".
Amend sec. 3, page 2, by deleting lines 21 through 31 and inserting:
"(c) An agreement by the contractor to provide to each subcontractor and supplier, if any, prompt and full payment upon completion of each stage or phase of construction for the contracted amount for or fair market value of materials or services rendered by the subcontractor or supplier. Before requesting payment for the next stage or phase of construction, the contractor shall deliver to the owner an affidavit signed by the subcontractor or supplier which states that full payment has been made for the previous stage or phase of construction. In any action commenced by a subcontractor or supplier to enforce a lien pursuant to chapter 108 of NRS, such an affidavit constitutes a rebuttable presumption of full payment to the subcontractor or supplier for the contracted amount for or fair market value of materials or services rendered by the subcontractor or supplier for that stage or phase of construction.".
Amend sec. 3, page 2, line 32, after "by" by inserting "regulation of ".
Amend sec. 3, page 2, line 41, by deleting "subcontractor;" and inserting:
"subcontractor or supplier;".
Amend sec. 4, page 3, line 8, by deleting:
"$200 or 2" and inserting:
"$1,000 or 10 ".
Amend sec. 4, page 3, by deleting lines 18 through 27 and inserting:
"includes, without limitation, work involving excavation, steel, plumbing, gas, electricity, concrete, gunite, shotcrete, tile, plaster, the deck, or pool or spa equipment or accessories, except for the cash deposit or down payment authorized by subsection 1, to receive or establish a schedule of payments that provides for the contractor to receive payments at any time or in any amount other than:
(a) Upon completion of the excavation and installation of the steel and plumbing, not more than 30 percent of the total contract price that is outstanding after the cash deposit or down payment.
(b) Upon completion of the installation of the gunite or shotcrete, not more than 20 percent of the total contract price that is outstanding after the cash deposit or down payment.
(c) Upon completion of the installation of the deck, tile, gas and electricity, not more than 30 percent of the total contract price that is outstanding after the cash deposit or down payment.
(d) Upon completion of the plastering and the final inspection by the local building department, the remaining balance of the contract price.
3. To commence construction without a building permit. If the site of the proposed project is located within an area that has been designated as a special geotechnical consideration area as described in section 3 of this act, the application for a building permit must include, without limitation, an analysis of the soil at the site of the proposed project conducted by a professional engineer who is licensed pursuant to chapter 625 of NRS as required pursuant to section 3 of this act and a document which sets forth the proposed structural design of the project.".
Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 and 7 as sections 5 and 6.
Amend sec. 6, page 3, line 38, by deleting:
"October 1, 1997." and inserting:
"the effective date of this act.".
Amend the bill as a whole by adding a new section designated sec. 7, following sec. 7, to read as follows:
"Sec. 7. This act becomes effective upon passage and approval.".
Amend the title of the bill by deleting the fourth and fifth lines and inserting:
"providing a penalty; and providing other".
Assemblyman Herrera moved that the Assembly concur in the Senate amendment to Assembly Bill No. 512.
Remarks by Assemblyman Herrera.
Motion carried.
Bill ordered enrolled.
Mr. Speaker:
The first Committee on Conference concerning Senate Bill No. 38, consisting of the undersigned members, has met, and reports that:
No decision was reached, and recommends the appointment of a second Committee on Conference, to consist of 3 members, for the further consideration of the measure.
Douglas A. Bache Jon C. Porter Deanna Braunlin Ann O'Connell David R. Parks Michael A. SchneiderAssembly Committee on ConferenceSenate Committee on Conference
Assemblyman Bache moved that the Assembly adopt the report of the first Committee on Conference concerning Senate Bill No. 38.
Remarks by Assemblyman Bache.
Motion carried.
Assemblyman Perkins moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 1:46 p.m.
At 3:17 p.m.
Mr. Speaker presiding.
Quorum present.
Bernie Anderson,
Chairman
Assemblyman Perkins moved that the Assembly adjourn until Saturday, July 5, 1997 at 10 a.m.
Motion carried.
Assembly adjourned at 3:19 p.m.
Approved: Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly