THE EIGHTY-SECOND DAY

                               

 

Carson City (Friday), April 27, 2001

    Assembly called to order at 9:23 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Reverend Luther Dupree.

    Our Father, which art in Heaven, hallowed be thy name. Thy kingdom come, Thy will be done in Earth, as it is in Heaven. Give us this day, our daily bread. And forgive us our debts, as we forgive our debtors. And lead us not into temptation, but deliver us from evil, for Thine is the kingdom, and the power, and the glory, forever.

Amen.

    Pledge of allegiance to the Flag.

    Assemblywoman Buckley 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 Judiciary, to which was referred Senate Bill No. 93, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Judiciary, to which was referred Senate Bill No. 100, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Judiciary, to which was referred Senate Bill No. 282, 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 Transportation, to which was referred Senate Bill No. 260, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vonne S. Chowning, Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, April 26, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 176, 293, 441; Assembly Joint Resolutions Nos. 1, 4.

    Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 99, 122, 156, 197, 227, 245, 257, 267, 289, 291, 301, 302, 349, 372, 381, 396, 416, 474, 481, 489, 531, 541, 552, 553, 554, 555, 563, 565; Senate Joint Resolution No. 12.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 162, Amendment No. 567, and respectfully requests your honorable body to concur in said amendment.

                                                                                    Mary Jo Mongelli

                                                                             Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Notice Of Exemption

April 27, 2001

    The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of:  Assembly Bill No. 479.

    Mark Stevens

Fiscal Analysis Division


    Senate Joint Resolution No. 12.

    Assemblywoman Buckley moved that the resolution be referred to the Committee on Natural Resources, Agriculture, and Mining.

    Motion carried.

    Assemblyman Arberry moved that Assembly Bill No. 127 be taken from the Chief Clerk’s desk and re-referred to the Committee on Ways and Means.

    Motion carried.

    Assemblywoman Giunchigliani moved that Assembly Bill No. 483 be taken from its position on the General File and placed at the top of the General File.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

    Assemblyman Bache moved that Assembly Bill No. 385 be taken from the General File and placed on the Chief Clerk’s desk.

    Remarks by Assemblyman Bache.

    Motion carried.

    Assemblywoman Buckley moved that Assembly Bill No. 314 be taken from the Chief Clerk’s desk and placed at the top of the General File.

    Remarks by Assemblywoman Buckley.

    Motion carried.

    Assemblywoman Buckley moved that Assembly Bill No. 545 be taken from the Chief Clerk’s desk and placed before Assembly Bill No. 92 on the General File.

    Motion carried.

    Assemblywoman Buckley moved that Assembly Bill No. 578 be taken from its place on the General File and placed before Assembly Bill No. 92 on the General File.

    Motion carried.

    Assemblyman Neighbors moved that Assembly Bill No. 404 be taken from the Chief Clerk’s desk and re-referred to the Committee on Ways and Means.

    Motion carried.

    Assemblywoman Angle moved that Assembly Bill No. 226 be taken from the Chief Clerk’s desk and placed on the General File.

    Motion lost on a division of the House.

    Assemblywoman Giunchigliani moved that Assembly Bill No. 483 be taken from the General File and placed on the Chief Clerk’s desk.

    Remarks by Assemblywoman Giunchigliani.

    Motion carried.

    Assemblywoman Buckley moved that the reading of Histories on Senate bills on Introduction be dispensed with for this legislative day.

    Motion carried.

    Assemblywoman Buckley moved that the reading of Histories of all bills on General File be dispensed with for this legislative day.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 99.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 122.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    Senate Bill No. 156.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    Senate Bill No. 197.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 227.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Taxation.

    Motion carried.


    Senate Bill No. 245.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 257.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    Senate Bill No. 267.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.

    Motion carried.

    Senate Bill No. 289.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Education.

    Motion carried.

    Senate Bill No. 291.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Education.

    Motion carried.

    Senate Bill No. 301.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 302.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.

    Motion carried.

    Senate Bill No. 349.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 372.

    Assemblywoman Buckley moved that the bill be referred to the Select Committee on Energy.

    Motion carried.

    Senate Bill No. 381.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    Senate Bill No. 396.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    Senate Bill No. 416.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Senate Bill No. 474.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    Senate Bill No. 481.

    Assemblywoman Buckley moved that the bill be referred to the Concurrent Committees on Transportation and Ways and Means.

    Motion carried.

    Senate Bill No. 489.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 531.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 541.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 552.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 553.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 554.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 555.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 563.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 565.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that the action whereby Senate Bill No. 291 was referred to the Committee on Education be rescinded.

    Motion carried.

    Assemblywoman Buckley moved that Senate Bill No. 291 be referred to the Concurrent Committees on Education and Judiciary.

    Motion carried.

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

    Assembly in recess at 9:48 a.m.

ASSEMBLY IN SESSION

    At 9:55 a.m.

    Mr. Speaker presiding.

    Quorum present.

SECOND READING AND AMENDMENT

    Senate Bill No. 110.

    Bill read second time and ordered to third reading.

general file and third reading

    Assembly Bill No. 314.

    Bill read third time.

    The following amendment was proposed by Assemblymen Buckley and Carpenter:

    Amendment No. 641.

    Amend sec. 3, page 1, by deleting lines 15 and 16 and inserting: “who owes a debt of more than $200 pursuant to this chapter shall, in addition to the debt, pay as reimbursement for the costs and fees actually incurred to collect the debt an amount not to exceed 25 percent of the amount of the debt or $25,000, whichever is less. Any prejudgment or postjudgment interest on the debt authorized by law must not be included in the calculation of the costs and fees actually incurred to collect the debt.”.

    Assemblywoman Buckley moved the adoption of the amendment.

    Remarks by Assemblywoman Buckley.

    Amendment adopted.

    Bill ordered reprinted, re-engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Goldwater moved that Assembly Bill No. 457 be taken from the Chief Clerk's desk and placed on the General File after Assembly Bill No. 256.

    Motion carried.

general file and third reading

    Assembly Bill No. 578.

    Bill read third time.

    Remarks by Assemblymen Anderson, Giunchigliani, Nolan, Gustavson and Carpenter.

    Conflict of interest declared by Assemblyman Gustavson.

    Roll call on Assembly Bill No. 578:

    Yeas—37.

    Nays—Giunchigliani, Lee—2.

    Not Voting—Brower, Dini, Gustavson—3.

    Assembly Bill No. 578 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 545.

    Bill read third time.

    Remarks by Assemblymen Buckley, Hettrick, Freeman, Gibbons and Goldwater.

    Roll call on Assembly Bill No. 545:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 545 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 92.

    Bill read third time.

    Remarks by Assemblyman Lee.

    Roll call on Assembly Bill No. 92:

    Yeas—42.

    Nays—None.


    Assembly Bill No. 92 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 123.

    Bill read third time.

    Remarks by Assemblymen de Braga, Koivisto and Dini.

    Potential conflict of interest declared by Assemblywoman Koivisto.

    Roll call on Assembly Bill No. 123:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 123 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 227.

    Bill read third time.

    Remarks by Assemblywoman Giunchigliani.

    Roll call on Assembly Bill No. 227:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 227 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 243.

    Bill read third time.

    Remarks by Assemblymen Dini and Giunchigliani.

    Roll call on Assembly Bill No. 243:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 243 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 245.

    Bill read third time.

    Remarks by Assemblywoman Chowning.

    Roll call on Assembly Bill No. 245:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 245 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Bache moved that Assembly Bill No. 256 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Bache.

    Motion carried.

    Assemblyman Arberry moved that Assembly Bill No. 324 be taken from the General File and placed on the Chief Clerk’s desk.

    Remarks by Assemblyman Arberry.

    Motion carried.

    Assemblywoman Giunchigliani moved that Assembly Bill No. 483 be taken from the Chief Clerk’s desk and placed at the top of the General File.

    Motion carried.

general file and third reading

    Assembly Bill No. 483.

    Bill read second time.

    The following amendment was proposed by Assemblymen Giunchigliani and Bache:

    Amendment No. 645.

    Amend section 1, page 1, lines 3 and 4, by deleting “or expenditures”.

    Amend section 1, page 1, by deleting line 5 and inserting “294A.200”.

    Amend section 1, page 1, line 6, by deleting “294A.280”.

    Amend section 1, page 1, line 9, by deleting “or expenditures”.

    Amend section 1, page 2, by deleting line 4 and inserting:

    “4. The total amount of expenses”.

    Amend section 1, page 2, by deleting lines 8 through 11 and inserting:

each in excess of $100

5. The total amount of expenses”.

    Amend section 1, page 2, by deleting lines 15 through 17 and inserting:

each $100 or less”.

    Amend section 1, page 2, by deleting lines 42 through 45 and inserting:

that is in excess of $100”.

    Amend section 1, page 3, by deleting lines 2 through 5 and inserting:

set forth in this section for each candidate who is required to use the form to file a report pursuant to NRS 294A.120, 294A.125 or 294A.200. Each city clerk shall design the”.

    Amend section 1, page 3, by deleting lines 9 and 10 and inserting:

format of the form so that a candidate who uses the form may record in the form a list of each”.

    Amend section 1, page 3, line 13, by deleting “or expenditure”.

    Amend section 1, page 3, by deleting line 14 and inserting:

as it is incurred.”.

    Amend section 1, page 3, by deleting lines 16 through 20 and inserting:

form set forth in this section to each candidate who is required to file a report of his campaign contributions and expenses pursuant to NRS 294A.120, 294A.125 or 294A.200. Upon request, each city clerk shall provide a copy”.

    Amend the bill as a whole by deleting sections 4 and 5 and renumbering sec. 6 as sec. 4.

    Amend the bill as a whole by deleting sections 7 through 10 and renumbering sections 11 through 15 as sections 5 through 9.

    Amend sec. 12, page 22, line 15, by deleting “expenses or” and inserting “[expenses or]”.

    Amend sec. 12, page 22, by deleting lines 16 through 19, and inserting:

“pursuant to NRS [294A.125, 294A.200,] 294A.210, 294A.220 and 294A.280 must consist of a list of the [expenses incurred or] expenditures made during the periods for reporting. Each report of expenses required pursuant to NRS 294A.125 and 294A.200 must consist of a list of each expense in excess of $100 that was incurred during the periods for reporting. The list in each report”.

    Amend section 12, page 22, by deleting lines 37 and 38 and inserting:

candidate to provide separately the total amount of each category of expenses”.

    Amend the title of the bill by deleting the first through third lines and inserting:

“AN ACT relating to elections; establishing the general form used by a candidate for reporting campaign contributions and expenses; revising the dates for filing those reports; revising the reporting period included in those reports; revising a provision governing the listing of certain categories of campaign expenses or expenditures; and providing other”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, re-engrossed and to third reading.

    Assembly Bill No. 457.

    Bill read second time.

    The following amendment was proposed by Assemblymen Goldwater, Perkins and Buckley:

    Amendment No. 639.

    Amend the bill as a whole by renumbering sec. 6 as sec. 7 and adding a new section designated sec. 6, following sec. 5, to read as follows:

    “Sec. 6. 1.  There is hereby appropriated from the state general fund to the state distributive school account the sum of $1,000,000 to be distributed pursuant to subsection 1 of section 5 of this act as necessary to ensure that salaries paid to educational personnel pursuant to subsection 3 of section 5 of this act are not interrupted during any period in which the revenue from the basic governmental services tax is less than estimated by the superintendent of public instruction pursuant to subsection 2 of section 5 of this act.

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.”.

    Amend the title of the bill, fifth line, after “reallocation;” by inserting:

“making an appropriation;”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

    Bill ordered reprinted, re-engrossed and to third reading.

    Assemblyman Goldwater moved that upon return from the printer Assembly Bill No. 457 be placed on the Chief Clerk’s desk.

    Remarks by Assemblyman Goldwater.

    Motion carried.

    Assembly Bill No. 282.

    Bill read third time.

    Remarks by Assemblymen Bache, Williams, Von Tobel, Brown, Anderson, Price and Beers.

    Mr. Speaker requested the privilege of the chair for the purpose of making remarks.

    Potential conflict of interest declared by Assemblyman Perkins.

Assemblymen Beers, Hettrick and Giunchigliani moved the previous question.

    Motion carried.

    The question being on the passage of Assembly Bill No. 282.

    Roll call on Assembly Bill No. 282:

    Yeas—35.

    Nays—Angle, Brown, Cegavske, Gustavson, Hettrick, Nolan, Von Tobel—7.

    Assembly Bill No. 282 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 302.

    Bill read third time.

    Remarks by Assemblyman Giunchigliani.

    Roll call on Assembly Bill No. 302:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 302 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Arberry moved that Assembly Bill No. 479 be taken from the General File and re-referred to the Committee on Ways and Means.

    Motion carried.


general file and third reading

    Assembly Bill No. 318.

    Bill read third time.

    Roll call on Assembly Bill No. 318:

    Yeas—38.

    Nays—Angle, Brown, Gustavson, Nolan—4.

    Assembly Bill No. 318 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 328.

    Bill read third time.

    Remarks by Assemblymen Giunchigliani and Brower.

    Roll call on Assembly Bill No. 328:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 328 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 384.

    Bill read third time.

    Remarks by Assemblyman Manendo.

    Assemblyman Parks requested that the following remarks be entered in the Journal.

    Assemblyman Manendo:

    Thank you, Mr. Speaker. This bill changes the word “mobile” to “manufactured” in the landlord/tenant statute for mobile home parks.  As a matter of legislative intent, the mandatory provisions of this act are not intended to change the kind of homes to which the provisions of Chapter 118B of the Nevada Revised Statutes are applicable.

    Roll call on Assembly Bill No. 384:

    Yeas—41.

    Nays—None.

    Not Voting—Carpenter.

    Assembly Bill No. 384 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 395.

    Bill read third time.

    Remarks by Assemblyman Oceguera.

    Roll call on Assembly Bill No. 395:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 395 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 418.

    Bill read third time.

    Remarks by Assemblymen de Braga, Hettrick, Giunchigliani and Von Tobel.

    Assemblywoman Cegavske requested that the following remarks be entered in the Journal.

    Assemblyman de Braga:

    Thank you, Mr. Speaker. AB 418 requires the Public Utility Commission to establish for each provider of electric service a new portfolio standard for renewable energy. It removes the limitation of 10 Kilowatts on generating capacity of net metering system and authorizes that metering for additional renewable sources.  In addition, the measure directs the Commission on Economic Development to serve to the extent practical as a center of information concerning generating plants and facilities that propose to construct or locate in Nevada.

    Assemblyman Hettrick:

    Thank you, Mr. Speaker. I have to rise in opposition to AB 418 as written. I spoke to the amendment yesterday. I want to speak some on the bill today. Section 9 of this bill requires the mandates, the purchase of 5 to 15 percent renewable energy by the providers of power. In addition, it mandates a ten-year contract if the provider wishes to have a ten-year contract. Section 17 says that a renewable provider may apply for tax relief; further in that section, it says the Commission on Economic Development, if the provider asks for tax relief, shall approve a 50 percent reduction of taxes for ten years on the county’s property tax. If you go back to Section 9, subsection 6, it says the provider “Shall take actions to acquire renewable power.” Then at the top of page four, lines three and four, the bill says “If there is not or will not be a sufficient supply” and it goes on to tell you that the power company can request an exemption, but the exemption is limited to supply. We are mandated to buy the power at any cost. The property tax exemption doesn’t even require the power be sold to Nevada or any part of the power be sold to Nevada. So we are going to guarantee that we are going to be competing with California to buy this power at any price.

    I think this is just a disservice to our constituents, to believe trying to do a good thing, bringing on the use of renewable power, is going to benefit them when it is going to increase their prices. We tried yesterday to put on a simple amendment which would have capped the impact and it wasn’t accepted.

    I’m glad we passed the bill earlier this session that states we have to disclose on power bills the source of energy, because I think that source, when it is listed on there and people see their bills go up, is going to prove to our constituents that this bill is doing a disservice. I urge my colleagues to vote against this bill on the basis that it is going to raise prices for those on fixed incomes, those on low incomes. I think it is inappropriate to mandate these kinds of conditions as an incentive to bring power that should be brought here anyway. I simply can’t vote for this bill.

    Assemblywoman Giunchigliani:

    I rise in support of AB 418. The reference to the tax break incentive has been on the books for many years. We did that, I believe, ten years ago. It is not new; it may just be rewritten in a different way. It has been there. I commend my colleague for bringing this forward and for the Energy Committee because it finally puts us in the opportunity of creating incentives for businesses to create this energy. It has not been able to be competitive in the past because we haven’t had programs such as this legislation would allow. We could be the Saudi Arabia of solar or wind. At some point we need to start some incentives to allow for that rate to be able to be lowered. If we don’t begin with this legislation, it will always be out of reach and out of competition. I also would take issue that I don’t believe that this will raise our citizens’ rates. If the program is carefully administered and down the road, as more and more companies expand into the area of solar, wind and geothermal, we’ll actually not only better our environment—we’ll also be able to offer other alternatives at cheaper prices for our constituents. So, I would urge you to support AB 418.

    Assemblywoman Von Tobel:

    Thank you, Mr. Speaker. I have to rise in opposition to Assembly Bill 418. I would have been able to support it with a cap on wholesale prices as we suggested yesterday. That was not accepted. We require Nevada power and Sierra Pacific to use prudency in every purchase they make, whether its fuel or wholesale power. Yet, in this instance, they will have to pay whatever the market will bear for renewable power sources. There will not be prudency, because there will not be a cap. These companies can move into our state, they can locate themselves on our borders, start doing business as a renewable energy company and sell every last megawatt of power they produce to our bordering states. They are not required in this language to sell any of this power to Nevada.  Therefore, our residents will not benefit. We were concerned in AB 369 that Nevada Power and Sierra Pacific hold on to their sources of power, their power plants, so that power would remain in our state, to make sure there was an ample supply for our constituents. So, why would we pass legislation that would allow these companies to export every last bit of power they use? They can use our natural resources, but they are not obligated to serve our state with any of this power. It makes no sense to me that they can sell this. We require Nevada Power and Sierra Pacific to purchase this at any price the market will bear. It makes no sense to me. I’m absolutely for renewables, but not under this language.

    Potential conflict of interest declared by Assemblyman de Braga.

    Assemblymen Goldwater, Lee and Oceguera moved the previous question.

    Motion carried.

    The question being on the passage of Assembly Bill No. 418.

    Roll call on Assembly Bill No. 418:

    Yeas—26.

    Nays—Angle, Beers, Berman, Brown, Cegavske, Claborn, Collins, Gustavson, Hettrick, Lee, Marvel, Nolan, Tiffany, Von Tobel—14.

    Not Voting—Brower, Carpenter—2.

    Assembly Bill No. 418 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

REPORTS OF SELECT COMMITTEES

Mr. Speaker:

    Your Select Committee on Energy, to which was referred Assembly Bill No. 349, 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

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Bill No. 349 just reported out of committee, be placed on the Second Reading File.

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 349.

    Bill read second time.

    The following amendment was proposed by the Select Committee on Energy:

    Amendment No. 356.

    Amend the bill as a whole by deleting sections 1 through 22 and the text of the repealed section and adding new sections designated sections 1 through 21, following the enacting clause, to read as follows:

    “Section 1. Title 58 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 1 to 19, inclusive, of this act.

    Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 12, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 3. “Affiliate” means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another person.

    Sec. 4. “Calendar quarter” means each period of 3 consecutive calendar months ending on March 31, June 30, September 30 and December 31 in each calendar year.

    Sec. 5. “Commission” means the public utilities commission of Nevada.

    Sec. 6. “Energy provider” means a person who is in the business of generating or selling energy and who is required to pay the universal energy charge.

    Sec. 7. “Facility” means any facility, plant, equipment or system that converts other forms of energy into electricity or otherwise produces electricity.

    Sec. 8.  Fund” means the fund for energy assistance and conservation created pursuant to section 17 of this act.

    Sec. 9. “Housing division” means the housing division of the department of business and industry.

    Sec. 10. “Person” means:

    1.  A natural person;

    2.  Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization;

    3.  A government or an agency or instrumentality of a government, including, without limitation, this state or an agency or instrumentality of this state; and

    4.  A political subdivision of this state or of any other government or an agency or instrumentality of a political subdivision of this state or of any other government.

    Sec. 11. “Universal energy charge” means the charge imposed pursuant to section 14 or 15 of this act.

    Sec. 12. “Welfare division” means the welfare division of the department of human resources.

    Sec. 13. For the purposes of this chapter, a landlord of a mobile home park or owner of a company town who is subject to any of the provisions of NRS 704.905 to 704.960, inclusive:

    1.  Is not an energy provider; and

    2.  Is a person who purchases energy at retail.

    Sec. 14. 1.  Except as otherwise provided in this section, each energy provider shall pay a universal energy charge of 3.3 mills on each therm of natural gas that the energy provider, directly or indirectly through one or more affiliates or subsidiaries, sells at retail for use by a person within this state.

    2.  Each energy provider that is required to pay the universal energy charge pursuant to this section shall, within 30 days after the end of each calendar quarter, remit to the commission the total amount of money owed by the energy provider for the universal energy charge for the immediately preceding calendar quarter.

    3.  If an energy provider that is required to pay the universal energy charge pursuant to this section is a public utility that is subject to the jurisdiction of the commission pursuant to chapter 704 of NRS, the commission shall allow the energy provider to recover from its ratepayers as a cost of service the total amount of money paid by the energy provider for the universal energy charge.

    4.  If an energy provider that is required to pay the universal energy charge pursuant to this section passes that charge, in whole or in part, through to one or more its retail customers in this state, the energy provider shall ensure that the charge is set forth as a separate item or entry on the bill of each such retail customer.

    5.  The provisions of this section do not apply to any therm of natural gas that is used as a source of energy to generate electricity.

    Sec. 15.  1.  Each energy provider shall pay a universal energy charge of 0.39 mills on:

    (a) Each kilowatt-hour of electricity which the energy provider generates from a facility within this state and which the energy provider, directly or indirectly through one or more affiliates or subsidiaries, sells at wholesale or retail for use by a person outside this state;

    (b) Each kilowatt-hour of electricity which the energy provider generates or acquires at wholesale from a facility within this state and which the energy provider, directly or indirectly through one or more affiliates or subsidiaries, sells at retail for use by a person within this state; and

    (c) Each kilowatt-hour of electricity which the energy provider generates or acquires at wholesale from a facility outside this state and which the energy provider, directly or indirectly through one or more affiliates or subsidiaries, sells at retail for use by a person within this state.

    2.  Each energy provider that is required to pay the universal energy charge pursuant to this section shall, within 30 days after the end of each calendar quarter, remit to the commission the total amount of money owed by the energy provider for the universal energy charge for the immediately preceding calendar quarter.

    3.  If an energy provider that is required to pay the universal energy charge pursuant to this section is a public utility that is subject to the jurisdiction of the commission pursuant to chapter 704 of NRS, the commission shall allow the energy provider to recover from its ratepayers as a cost of service the total amount of money paid by the energy provider for the universal energy charge.

    4.  If an energy provider that is required to pay the universal energy charge pursuant to this section passes that charge, in whole or in part, through to one or more its retail customers in this state, the energy provider shall ensure that the charge is set forth as a separate item or entry on the bill of each such retail customer.

    Sec. 16. 1.  The commission shall adopt regulations to carry out and enforce the provisions of sections 14 and 15 of this act. Such regulations may require energy providers to file reports and to provide the commission with information relating to compliance with the requirements of the universal energy charge.

    2.  The commission may conduct such audits and investigations of energy providers as the commission determines are necessary to verify compliance with the requirements of the universal energy charge. In conducting such an audit or investigation, the commission may exercise any of the investigative powers granted to the commission pursuant to chapter 703 of NRS, including, without limitation, the power to issue orders to compel the appearance of witnesses and the production of books, accounts, papers and records.

    3.  All money remitted to the commission by energy providers for the universal energy charge must be deposited in the state treasury for credit to the fund.

    4.  The commission may bring an appropriate action in its own name for the collection of any money that an energy provider fails to remit to the commission in violation of the requirements of the universal energy charge.

    Sec. 17. 1.  There is hereby created as a special revenue fund in the state treasury the fund for energy assistance and conservation. The welfare division shall administer the fund.

    2.  In addition to the money that must be deposited in the fund from the universal energy charge, all money received from other sources to carry out the purposes of this chapter must be deposited in the state treasury for credit to the fund.

    3.  The welfare division shall, to the extent practicable, ensure that the money in the fund is administered in a manner which is coordinated with all other sources of money that are available for energy assistance and conservation, including, without limitation, money contributed voluntarily by an energy provider, money obtained from the Federal Government and money obtained from any agency or instrumentality of this state or a political subdivision of this state.

    4.  The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.

    5.  The commission is entitled to an administrative charge of not more than 4 percent of the money in the fund to carry out its powers and duties pursuant to this chapter. After deduction of the commission’s administrative charge, the money in the fund must be distributed pursuant to sections 18 and 19 of this act.

    Sec. 18. 1.  Seventy-five percent of the money in the fund must be distributed to the welfare division for a program to assist households in paying for electricity and natural gas. The welfare division may not use more than 3 percent of the amount distributed to it pursuant to this section for administrative expenses.

    2.  After administrative expenses, the welfare division may use the money distributed to it pursuant to this section only to:

    (a) Assist households in paying for electricity and natural gas.

    (b) Carry out activities related to consumer outreach.

    3.  Except as otherwise provided in subsection 4, to be eligible to receive assistance from the welfare division pursuant to this section, a household must have a household income that is not more than 150 percent of the federally designated level signifying poverty, as determined by the welfare division.

    4.  The welfare division is authorized to render emergency assistance to a household if an emergency related to the cost or availability of electricity or natural gas threatens the health or safety of one or more of the members of the household. Such emergency assistance may be rendered upon the good faith belief that the household is otherwise eligible to receive assistance pursuant to this section.

    5.  Before July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the welfare division shall determine the amount of assistance that the household will receive by using the existing formulas set forth in the state plan for low-income home energy assistance.

    6.  On or after July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the welfare division:

    (a) Shall, to the extent practicable, determine the amount of assistance that the household will receive by determining the amount of assistance that is sufficient to reduce the percentage of the household’s income that is spent on electricity and natural gas to the median percentage of household income spent on electricity and natural gas statewide.

    (b) May adjust the amount of assistance that the household will receive based upon such factors as:

        (1) The income of the household;

        (2) The size of the household;

        (3) The type of energy or fuel that the household uses; and

        (4) Any other factor which, in the determination of the welfare division, may make the household particularly vulnerable to increases in the cost of electricity or natural gas.

    7.  The welfare division shall adopt regulations to carry out and enforce the provisions of this section and section 17 of this act.

    Sec. 19. 1.  Twenty-five percent of the money in the fund must be distributed to the housing division for programs of energy conservation, weatherization and energy efficiency. The housing division may not use more than 3 percent of the money distributed to it pursuant to this section for administrative expenses.

    2.  After administrative expenses, the housing division may use the money distributed to it pursuant to this section only to:

    (a) Provide an eligible household with services of basic home energy conservation and home energy efficiency or to assist an eligible household to acquire such services, including, without limitation, services of load management.

    (b) Pay for appropriate health and safety improvements associated with energy conservation, weatherization and improvements for energy efficiency.

    (c) Carry out activities related to consumer outreach.

    3.  Except as otherwise provided in subsection 4, to be eligible to receive assistance from the housing division pursuant to this section, a household must have a household income that is not more than 150 percent of the federally designated level signifying poverty, as determined by the housing division.

    4.  The housing division is authorized to render emergency assistance to a household if the health or safety of one or more of the members of the household is threatened because of the structural, mechanical or other failure of:

    (a) The unit of housing in which the household dwells; or

    (b) A component or system of the unit of housing in which the household dwells.

 

 
Such emergency assistance may be rendered upon the good faith belief that the household is otherwise eligible to receive assistance pursuant to this section.

    5.  The housing division shall adopt regulations to carry out and enforce the provisions of this section.

    Sec. 20. NRS 703.147 is hereby amended to read as follows:

    703.147  1.  The public utilities commission regulatory fund is hereby created as a special revenue fund. [All] Except as otherwise provided in section 16 of this act, all money collected by the commission pursuant to law must be deposited in the state treasury for credit to the fund. Money collected for the use of the consumer’s advocate of the bureau of consumer protection in the office of the attorney general must be transferred pursuant to the provisions of subsection 8 of NRS 704.035.

    2.  Money in the fund which belongs to the commission may be used only to defray the costs of:

    (a) Maintaining staff and equipment to regulate adequately public utilities and other persons subject to the jurisdiction of the commission.

    (b) Participating in all rate cases involving those persons.

    (c) Audits, inspections, investigations, publication of notices, reports and retaining consultants connected with that regulation and participation.

    (d) The salaries, travel expenses and subsistence allowances of the members of the commission.

    3.  All claims against the fund must be paid as other claims against the state are paid.

    4.  The commission must furnish upon request a statement showing the balance remaining in the fund as of the close of the preceding fiscal year.

    Sec. 21. This act becomes effective upon passage and approval.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to energy; establishing the universal energy charge to fund low-income energy assistance and conservation; requiring certain energy providers to pay the universal energy charge; authorizing such providers to pass through the universal energy charge to retail customers; creating the fund for energy assistance and conservation to be administered by the welfare division of the department of human resources; setting forth the purposes for which money in the fund may be used; setting forth the criteria to determine the eligibility of a household to receive assistance from money in the fund; authorizing certain agencies to render emergency assistance to households in certain circumstances; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY¾Establishes universal energy charge to fund low-income energy assistance and conservation. (BDR 58-1264)”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblymen Bache, Collins and Goldwater.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

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

    Assembly in recess at 11:09 a.m.

ASSEMBLY IN SESSION

    At 11:33 a.m.

    Mr. Speaker presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Parks moved that Assembly Bill No. 459 be taken from General File and placed at the top of General File.

    Motion carried.


general file and third reading

    Assembly Bill No. 459.

    Bill read third time.

    The following amendment was proposed by Assemblyman Parks:

    Amendment No. 636.

    Amend the bill as a whole by deleting sections 1 through 10 and adding new sections designated sections 1 through 13, following the enacting clause, to read as follows:

    “Section 1. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Harassment” means a willful act or course of conduct that is not otherwise authorized by law and is:

    1.  Highly offensive to a reasonable person; and

    2.  Intended to cause and actually causes another person to suffer serious emotional distress.

    Sec. 4.  “Intimidation” means a willful act or course of conduct that is not otherwise authorized by law and:

    1.  Is highly offensive to a reasonable person; and

    2.  Poses a threat of immediate harm or actually inflicts harm to another person or to the property of another person.

    Sec. 5.  The legislature declares that:

    1.  A learning environment that is safe and respectful is essential for the pupils enrolled in the public schools in this state to achieve academic success and meet this state’s high academic standards;

    2.  Any form of harassment or intimidation in public schools seriously interferes with the ability of teachers to teach in the classroom and the ability of pupils to learn;

    3.  The intended goal of the legislature is to ensure that:

    (a) The public schools in this state provide a safe, respectful and neutral learning environment in which persons of differing beliefs, characteristics and backgrounds can realize their full academic and personal potential; and

    (b) All administrators, principals, teachers and other personnel of the school districts and public schools in this state demonstrate appropriate behavior on the premises of any public school by treating other persons, including, without limitation, pupils, with civility and respect and by refusing to tolerate harassment or intimidation; and

    4.  By declaring its goal that the public schools in this state provide a safe, respectful and neutral learning environment, the legislature is not advocating or requiring the full acceptance of differing beliefs in a manner that would inhibit the freedom of expression, but is requiring that pupils with differing beliefs be free from abuse and harassment.

    Sec. 6.  A member of the board of trustees of a school district, any employee of the board of trustees, including, without limitation, an administrator, principal, teacher or other staff member, or any pupil shall not engage in harassment or intimidation on the premises of any public school, at an activity sponsored by a public school or on any school bus.

    Sec. 7.  1.  The department shall establish, by regulation, a model policy for all school districts and public schools to provide a safe and respectful learning environment that is free of harassment and intimidation.

    2.  The policy must include, without limitation, a model program of education for use by school districts to train administrators, principals, teachers and all other personnel employed by the boards of trustees of school districts. The model program of education must include, without limitation:

    (a) Training in appropriate methods to recognize and consider differing beliefs, characteristics and backgrounds so that school personnel are able to serve as positive and tolerant role models to pupils;

    (b) Training in appropriate methods to facilitate positive human relations among pupils without use of harassment and intimidation so that pupils may realize their full academic and personal potential;

    (c) A written plan that sets forth positive methods and resources that school personnel may use to facilitate positive human relations among pupils; and

    (d) Written lesson plans that set forth positive methods that school personnel may use to teach skills to pupils so that the pupils are able to replace inappropriate behavior with positive behavior.

    3.  The board of trustees of each school district shall:

    (a) Adopt the policy established by the department. The board of trustees may adopt an expanded policy if the expanded policy complies with the policy established by the department.

    (b) Provide for the appropriate training of all administrators, principals, teachers and all other personnel employed by the board of trustees in accordance with the model program of education established by the department.

    Sec. 8.  NRS 391.270 is hereby amended to read as follows:

    391.270  Every teacher in the public schools shall hold pupils to a strict account of their conduct on and in close proximity to the school grounds, on the play ground, and during any intermission[.] to ensure a safe and respectful learning environment.

    Sec. 9.  NRS 392.463 is hereby amended to read as follows:

    392.463  1.  Each school district shall prescribe written rules of behavior required of and prohibited for pupils attending school within their district and shall prescribe appropriate punishments for violations of the rules. The written rules of behavior must be consistent with section 5 of this act and the policy established by the department pursuant to section 7 of this act. If suspension or expulsion is used as a punishment for a violation of the rules, the school district shall follow the procedures in NRS 392.467.

    2.  A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year. Copies must also be made available for inspection at each school located in that district in an area on the grounds of the school which is open to the public.

    Sec. 10.  On or before January 1, 2002, the department of education shall establish a model policy for all school districts and public schools to provide a safe and respectful learning environment pursuant to section 7 of this act.

    Sec. 11.  On or before July 1, 2002, the board of trustees of each school district shall adopt the policy established by the department of education, or an expanded policy, to provide a safe and respectful learning environment pursuant to section 7 of this act. The board of trustees of each school district shall ensure that the policy is effective commencing with the 2002-2003 school year.

    Sec. 12.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

    Sec. 13.  1.  This section and sections 1 to 6, inclusive, 8, 10, 11 and 12 of this act become effective on July 1, 2001.

    2.  Section 7 of this act becomes effective on July 1, 2001, for the purpose of adopting regulations and policies, and on July 1, 2002, for all other purposes.

    3.  Section 9 of this act becomes effective on July 1, 2002.”.

    Amend the title of the bill, by deleting the first line and inserting:

“AN ACT relating to education; prohibiting harassment and intimidation in”.

    Assemblyman Parks moved the adoption of the amendment.

    Remarks by Assemblyman Parks.

    Amendment adopted.

    Bill ordered reprinted, re-engrossed and to third reading.

    Assembly Bill No. 428.

    Bill read third time.

    Remarks by Assemblyman Hettrick.

    Roll call on Assembly Bill No. 428:

    Yeas—40.

    Nays—None.

    Excused—Arberry, Williams—2.

    Assembly Bill No. 428 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 430.

    Bill read third time.

    Remarks by Assemblyman Hettrick.

    Roll call on Assembly Bill No. 430:

    Yeas—39.

    Nays—Bache.

    Excused—Arberry, Williams—2.

    Assembly Bill No. 430 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 439.

    Bill read third time.

    Remarks by Assemblymen Brower, Gibbons, Hettrick, Carpenter, Chowning, Anderson, Brown, Goldwater, Oceguera, Manendo, Von Tobel, Buckley, Collins, Humke, Ohrenschall, Gustavson, Beers, Nolan and Lee.

    Roll call on Assembly Bill No. 439:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 439 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 444.

    Bill read third time.

    Remarks by Assemblyman Bache.

    Roll call on Assembly Bill No. 444:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 444 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 456.

    Bill read third time.

    Remarks by Assemblyman Gustavson, Buckley, Anderson and Arberry.

    Potential conflict of interest declared by Assemblyman Gustavson.

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

    Assembly in recess at 11:58 a.m.

ASSEMBLY IN SESSION

    At 12:00 p.m.

    Mr. Speaker presiding.

    Quorum present.

    Assemblyman Arberry moved that Assembly Bill No. 456 be taken from the General File and placed on the Chief Clerk’s desk.

    Motion carried.


    Assembly Bill No. 461.

    Bill read third time.

    Remarks by Assemblymen Parks, Collins and Lee.

    Potential conflict of interest declared by Assemblymen Collins and Lee.

    Roll call on Assembly Bill No. 461:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 461 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 463.

    Bill read third time.

    Remarks by Assemblyman Collins.

    Roll call on Assembly Bill No. 463:

    Yeas—41.

    Nays—None.

    Excused—Freeman.

    Assembly Bill No. 463 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 490.

    Bill read third time.

    Remarks by Assemblymen Giunchigliani, Brower, Manendo and Dini.

    Conflict of interest declared by Assemblyman Brower.

    Roll call on Assembly Bill No. 490:

    Yeas—40.

    Nays—None.

    Not Voting—Brower.

    Excused—Freeman.

    Assembly Bill No. 490 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 Assemblyman Williams.

    Roll call on Assembly Bill No. 499:

    Yeas—41.

    Nays—None.

    Excused—Freeman.

    Assembly Bill No. 499 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 537.

    Bill read third time.

    Remarks by Assemblyman Bache.

    Roll call on Assembly Bill No. 537:

    Yeas—39.

    Nays—Buckley, Gibbons—2.

    Excused—Freeman.

    Assembly Bill No. 537 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 551.

    Bill read third time.

    Remarks by Assemblyman Beers.

    Roll call on Assembly Bill No. 551:

    Yeas—41.

    Nays—None.

    Excused—Freeman.

    Assembly Bill No. 551 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 555.

    Bill read third time.

    Remarks by Assemblymen Bache, Anderson, Arberry, Beers, Carpenter, Giunchigliani, Neighbors, Humke, Koivisto, McClain, Oceguera, Parks, Parnell and Williams.

    Mr. Speaker requested the privilege of the chair for the purpose of making remarks.

    Potential conflict of interest declared by Assemblymen Anderson, Arberry, Bache, Beers, Carpenter, Giunchigliani, Neighbors, Humke, Koivisto, McClain, Oceguera, Parks, Parnell, Perkins and Williams.

    Roll call on Assembly Bill No. 555:

    Yeas—41.

    Nays—None.

    Excused—Freeman.

    Assembly Bill No. 555 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 636.

    Bill read third time.

    Remarks by Assemblywoman Koivisto.

    Roll call on Assembly Bill No. 636:

    Yeas—41.

    Nays—None.

    Excused—Freeman.

    Assembly Bill No. 636 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.


    Assembly Bill No. 649.

    Bill read third time.

    Remarks by Assemblyman Lee.

    Roll call on Assembly Bill No. 649:

    Yeas—41.

    Nays—None.

    Excused—Freeman.

    Assembly Bill No. 649 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 663.

    Bill read third time.

    Remarks by Assemblyman Dini.

    Roll call on Assembly Bill No. 663:

    Yeas—41.

    Nays—None.

    Excused—Freeman.

    Assembly Bill No. 663 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 190.

    Bill read third time.

    Remarks by Assemblywoman Ohrenschall.

    Roll call on Senate Bill No. 190:

    Yeas—41.

    Nays—None.

    Excused—Freeman.

    Senate Bill No. 190 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

notice of exemption

April 27, 2001

    The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of:  Assembly Bills Nos. 324 and 457.

                                                                                        Mark Stevens

                                                                                   Fiscal Analysis Division

Assemblyman Arberry moved that Assembly Bill No. 324 be taken from the Chief Clerk’s desk and re-referred to the Committee on Ways and Means.

    Motion carried.

    Assemblyman Arberry moved that Assembly Bill No. 457 be taken from the Chief Clerk’s desk and re-referred to the Committee on Ways and Means.

    Motion carried.

    Assemblyman Arberry moved that Assembly Bill No. 456 be taken from the Chief Clerk’s desk and placed on the General File.

    Motion carried.

    Assemblywoman Buckley moved that Assembly Bill No. 314 just returned from the printer, be placed on the General File.

    Motion carried.

general file and third reading

    Assembly Bill No. 456.

    Bill read third time.

    Remarks by Assemblyman Gustavson.

    Roll call on Assembly Bill No. 456:

    Yeas—38.

    Nays—Anderson, Goldwater—2.

    Not Voting—Dini.

    Excused—Freeman.

    Assembly Bill No. 456 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 314.

    Bill read third time.

    Remarks by Assemblyman Bache.

    Roll call on Assembly Bill No. 314:

    Yeas—41.

    Nays—None.

    Excused—Freeman.

    Assembly Bill No. 314 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

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

    Assembly in recess at 12:38 p.m.

ASSEMBLY IN SESSION

    At 1:58 p.m.

    Mr. Speaker presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Anderson moved that Assembly Bill No. 133 be taken from the Chief Clerk’s desk and placed at the top of the General file.

    Motion carried.

    Assemblywoman Buckley moved that all rules be suspended and that Assembly Bill No. 349 be declared an emergency measure under the Constitution and placed on third reading and final passage.

    Motion carried unanimously.

    Assemblywoman Buckley moved that Assembly Bill Nos. 459, 483 just returned from the printer, be placed on the General File.

    Motion carried.

general file and third reading

    Assembly Bill No. 133.

    Bill read third time.

    The following amendment was proposed by Assemblymen Anderson, Manendo, Buckley, Carpenter and Brower.

    Amendment No. 622.

    Amend section 1, page 1, line 2, by deleting “2, 3 and 4” and inserting “2 to 11, inclusive,”

    Amend sec. 2, page 1, line 3, by deleting “40.670:” and inserting:

40.670 and subsection 1 of section 9 of this act:”.

    Amend the bill as a whole by renumbering sec. 2 as sec. 5 and adding new sections designated sections 2 through 4, following section 1, to read as follows:

    “Sec. 2.  “Design professional” means a person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.

    Sec. 3.  “Subcontractor” means a contractor who performs work on behalf of another contractor in the construction of a residence or appurtenance.

    Sec. 4.  “Supplier” means a person who provides materials, equipment or other supplies for the construction of a residence or appurtenance.”.

    Amend sec. 2, page 2, by deleting lines 1 through 46 and inserting:

    “2.  Within 15 days after receiving a notice pursuant to subsection 1, a contractor shall forward a copy of the notice by certified mail, return receipt requested, to each subcontractor, supplier and design professional who the contractor reasonably believes is responsible for a defect specified in the notice and include with the copy of the notice the specific defect for which the contractor believes the subcontractor, supplier or design professional is responsible.

    3.  The claimant shall, upon reasonable notice, allow the contractor and a subcontractor, supplier or design professional who received the notice pursuant to subsection 2 to access the residence or appurtenance that is the subject of the notice to determine the nature and extent of a defect and the nature and extent of repairs necessary to remedy the defect.

    4.  Within 15 days after a subcontractor, supplier or design professional receives a copy of a notice pursuant to subsection 2, he shall provide the contractor with a statement indicating:

    (a) Whether the subcontractor, supplier or design professional will repair the defect for which the contractor believes the subcontractor, supplier or design professional is responsible; and

    (b) If the subcontractor, supplier or design professional decides to repair the defect, an estimate of the length of time required for the repair, and at least two proposed dates on and times at which the subcontractor, supplier or design professional can begin making the repair.”.

    Amend the bill as a whole by renumbering sections 3 through 12 as sections 10 through 19 and adding new sections designated sections 6 through 9, following sec. 2, to read as follows:

    “Sec. 6.  Except as otherwise provided in NRS 40.670:

    1.  Except as otherwise provided in NRS 40.672, a contractor who receives notice of a constructional defect pursuant to subsection 1 of section 5 of this act may make the repairs necessary to remedy the defects and repair any damage or injury to the residence or appurtenance described in the notice or arrange to have such repairs made by a subcontractor, supplier or design professional to whom the contractor forwarded notice of the defect pursuant to subsection 2 of section 5 of this act. The contractor shall ensure that any such repairs are completed within a reasonable time, but in any event:

    (a) If the constructional defect is not part of a complex matter, not later than 45 days after receiving the notice; or

    (b) If the constructional defect is part of a complex matter, not later than 90 days after receiving the notice,

 

 
unless the claimant and the contractor negotiate in good faith and agree in writing to extend reasonably the time for completing the repairs in which case the repairs must be completed not later than the time set forth in the agreement.

    2.  In making repairs pursuant to subsection 1, the contractor or a subcontractor, supplier or design professional who is responsible for making the repairs shall:

    (a) Make the repairs at reasonable times that are agreed to in advance by the claimant, or by the owner of the residence or appurtenance if the claimant is a representative of a homeowner’s association;

    (b) Ensure that all of the work to make the repairs is completed by contractors and subcontractors who are properly licensed, bonded and insured;

    (c) Take any action necessary to prevent a mechanic’s lien from being obtained on the property of the claimant on which the repairs are being made, to remove such a mechanic’s lien if one is obtained, and to indemnify the claimant against any expenses incurred by the claimant concerning such a mechanic’s lien; and

    (d) Provide to the claimant a written report of each repair made, the method used to make the repair and the parts replaced in making such repairs within 10 days after the repairs are made.

    3.  The claimant shall allow the contractor and a subcontractor, supplier or design professional who is responsible for making repairs pursuant to subsection 1 a reasonable opportunity to make repairs pursuant to subsection 1.

    4.  If the claimant is not satisfied with the repairs made pursuant to subsection 1 or NRS 40.672 or the contractor does not make the repairs or have the repairs made within the time set forth in subsection 1 or within the time agreed to in writing by the claimant and the contractor, the claimant may commence an action governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 11, inclusive, of this act against the contractor for a constructional defect or any damages or injuries that were specified in the notice provided to the contractor pursuant to section 5 of this act. A claimant who is not satisfied with the repairs is not required to give additional notice pursuant to NRS 40.645 or 40.682 before commencing such an action.

    Sec. 7.  1.  Except as otherwise provided in subsection 3, a contractor who does not provide a subcontractor, supplier or design professional with notice of a constructional defect pursuant to subsection 2 of section 5 of this act who the contractor reasonably believes is responsible for a defect specified in the notice provided to the contractor pursuant to subsection 1 of section 5 of this act, may not recover attorney’s fees, costs, fees for expert witnesses or fees for consultants from the subcontractor, supplier or design professional that are incurred by the contractor in defending an action against the contractor for the constructional defect pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 11, inclusive, of this act.

    2.  Except as otherwise provided in subsection 3, after a claimant files a claim against a contractor that is governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 11, inclusive, of this act, a subcontractor, supplier or design professional who is responsible for a constructional defect involved in the claim and who did not receive notice of the defect pursuant to subsection 2 of section 5 of this act may present directly to the claimant an offer to repair the defect. If the claimant accepts the offer, the subcontractor, supplier or design professional repairs the defect to the satisfaction of the claimant and the claimant provides a statement in writing to the subcontractor, supplier or design professional indicating that the defect was repaired to his satisfaction, the contractor against whom the claim was filed may not pursue any claim related to the defect that was repaired against the subcontractor, supplier or design professional who repaired the defect.

    3.  The provisions of this section do not apply to a contractor who did not give notice of the constructional defect to the subcontractor, supplier or design professional if the contractor could not, after a good faith effort, identify the subcontractor, supplier or design professional who may have been responsible for the defect within the time set forth for providing a notice to the subcontractor, supplier or design professional.

    Sec. 8.  1.  A contractor, subcontractor, supplier or design professional who receives notice of a constructional defect pursuant to section 5 of this act may present the notice to an insurer who issued a policy of insurance covering all or part of the conduct or business of the contractor, subcontractor, supplier or design professional.

    2.  A notice provided to an insurer pursuant to subsection 1:

    (a) Constitutes the making of a claim under the policy by the contractor, subcontractor, supplier or design professional; and

    (b) Requires the contractor, subcontractor, supplier or design professional and the insurer to perform any obligations or duties required by the policy upon the making of a claim.

    Sec. 9.  1.  A claimant is not required to provide a contractor with notice pursuant to section 5 of this act before commencing an action against the contractor for damages arising from a constructional defect if:

    (a) The contractor has threatened or initiated legal proceedings against the claimant at any time;

    (b) The claimant has been sued by a third party or the contractor in connection with or resulting from a constructional defect and the claimant is filing a third-party complaint or cross-complaint against the contractor concerning that constructional defect; or

    (c) The contractor has threatened to commit or committed an act of violence or a criminal offense against the claimant or the property of the claimant, or the claimant has a reasonable belief that the contractor intends to commit an act of violence or a criminal offense against the claimant or the property of the claimant.

    2.  Nothing in sections 5 to 9, inclusive, of this act affects the ability of claimants to maintain a class action for constructional defects against a contractor.

    3.  Nothing in sections 5 to 9, inclusive, of this act affects the ability of a claimant, contractor, subcontractor, supplier or design professional to pursue any remedy available through the state contractors’ board pursuant to chapter 624 of NRS.”.

    Amend sec. 3, pages 2 and 3, by deleting lines 48 and 49 on page 2 and line 1 on page 3 and inserting:

action pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 11, inclusive, of this act for the professional negligence of a design professional or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture, concurrently with”.

    Amend sec. 3, page 3, by deleting lines 6 through 9 and inserting:

(b) Has consulted with an expert;”.

    Amend sec. 3, page 3, line 10, by deleting “design professional” and inserting “expert”.

    Amend sec. 3, page 3, line 13, by deleting “design professional” and inserting “expert”.

    Amend sec. 3, page 3, lines 16 and 17, by deleting:

a design professional” and inserting “an expert”.

    Amend sec. 3, page 3, line 19, by deleting “repose.” and inserting:

repose, or other limitations prescribed by law.”.

    Amend sec. 3, page 3, line 22, by deleting:

a design professional” and inserting “an expert”.

    Amend sec. 3, page 3, line 28, by deleting “design professional” and inserting “expert”.

    Amend sec. 3, page 3, line 30, by deleting “design professional;” and inserting “expert;”.

    Amend sec. 3, page 3, lines 31 and 32, by deleting:

design professional is licensed or registered in this state and” and inserting:

expert”.

    Amend sec. 3, page 3, lines 34 and 35, by deleting “design professional” and inserting “expert”.

    Amend sec. 3, page 3, line 36, by deleting “design professional” and inserting “expert”.

    Amend sec. 3, page 3, line 39, by deleting “design professional” and inserting “expert”.

    Amend sec. 3, page 3, line 41, by deleting “design professional” and inserting “expert”.

    Amend sec. 3, page 4, by deleting lines 9 through 15.

    Amend sec. 3, page 4, line 16, by deleting:

6.  A design professional” and inserting:

5.  An expert”.

    Amend sec. 3, page 4, by deleting lines 18 through 22 and inserting:

6.  As used in this section, “expert” means a person who:

    (a) Is licensed in a state to engage in the practice of professional engineering, land surveying, architecture or landscape architecture; or

    (b) Teaches or has taught at an accredited college or university in a discipline relevant to the action.”.

    Amend sec. 4, page 4, by deleting lines 23 through 27 and inserting:

    “Sec. 11.  1.  The court shall dismiss an action filed pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 11, inclusive, of this act for the professional negligence of a design professional or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture if the attorney for a complainant fails to:”.

    Amend sec. 4, page 4, line 28, by deleting “3” and inserting “10”.

    Amend sec. 4, page 4, line 29, by deleting “section 3” and inserting “section 10”.

    Amend sec. 4, page 4, line 31, by deleting “design professional” and inserting “expert”.

    Amend sec. 4, page 4, line 32, by deleting “3” and inserting “10”.

    Amend sec. 4, page 4, line 34, by deleting “3” and inserting “10”.

    Amend sec. 5, page 4, lines 37 and 38, by deleting:

2, 3 and 4” and inserting:

2 to 11, inclusive,”.

    Amend sec. 5, page 4, line 39, after “inclusive,” by inserting:

and sections 2 to 11, inclusive, of this act”.

    Amend sec. 6, page 4, line 45 by deleting:

2 of section 2” and inserting:

1 of section 6”.

    Amend sec. 6, page 4, line 46, by deleting:

2 of section 2” and inserting:

1 of section 6”.

    Amend sec. 6, page 6, by deleting lines 11 through 13 and inserting:

    “[6.  As used in this section, “subcontractor” means a contractor who performs work on behalf of another contractor in the construction of a residence or appurtenance.]”.

    Amend sec. 7, page 6, line 19, by deleting “2” and inserting “6”.

    Amend sec. 7, page 6, line 20, after “inclusive,” by inserting:

and sections 2 to 11, inclusive, of this act,”.

    Amend sec. 7, page 6, line 31, by deleting “2” and inserting “6”.

    Amend sec. 7, page 6, line 36, after “inclusive,” by inserting:

and sections 2 to 11, inclusive, of this act”.

    Amend sec. 7, page 6, line 38, by deleting “inclusive.” and inserting:

“inclusive [.] , and sections 2 to 11, inclusive, of this act.”.

    Amend sec. 8, page 7, line 6, by deleting “2” and inserting “5”.

    Amend sec. 8, page 7, line 10, by deleting “inclusive.” and inserting:

“inclusive [.] , and sections 2 to 11, inclusive, of this act.”.

    Amend sec. 9, page 7, line 23, by deleting:

2 of section 2” and inserting:

1 of section 6”.

    Amend sec. 9, page 7, line 24, by deleting:

2 of section 2” and inserting:

1 of section 6”.

    Amend sec. 10, page 9, line 16, after “inclusive,” by inserting:

and sections 2 to 11, inclusive, of this act”.

    Amend sec. 10, page 9, line 17, by deleting “2” and inserting “5”.

    Amend sec. 10, page 9, line 24, by deleting “2” and inserting “5”.

    Amend sec. 10, page 9, line 27, after “inclusive,” by inserting:

and sections 2 to 11, inclusive, of this act”.

    Amend sec. 10, page 9, by deleting line 36 and inserting:

“40.695, inclusive, and sections 2 to 11, inclusive, of this act or giving notice pursuant to section 5 of this act, the”.

    Amend sec. 11, page 9, line 41, by deleting “2” and inserting “5”.

    Amend sec. 11, page 9, line 45, by deleting “2” and inserting “5”.

    Amend sec. 12, page 10, line 18, after “inclusive,” by inserting:

and sections 2 to 11, inclusive, of this act”.

    Amend sec. 12, page 10, line 20, by deleting “2” and inserting “5”.

    Amend sec. 12, page 10, by deleting lines 23 through 25 and inserting:

    “2.  Tolling under this section applies [:

    (a) Only to a claim that is not a complex matter.

    (b) To] to a third party regardless of whether the party is required to appear”.

    Amend the bill as a whole by renumbering sec. 13 as sec. 26 and adding new sections designated sections 20 through 25, inclusive, following sec. 12, to read as follows:

    “Sec. 20.  Chapter 113 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Each contractor who develops, constructs or landscapes a new residence shall, within 30 days after the close of escrow of the initial purchase of the residence, provide in writing to the initial purchaser of the residence:

    (a) The name, license number, business address and telephone number of each subcontractor who performed any work related to the development, construction or landscaping of the residence; and

    (b) A brief description so the work performed by each subcontractor identified pursuant to paragraph (a).

    2.  As used in this section, “subcontractor” has the meaning ascribed to it in section 3 of this act.

    Sec. 21.  Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A person shall not provide or offer to provide anything of monetary value to a property manager of an association or to a member or officer of an executive board to induce the property manager, member or officer to encourage or discourage the association to file a claim for damages arising from a constructional defect.

    2.  A property manager shall not accept anything of value given to him in exchange for encouraging or discouraging the association that he manages to file a claim for damages arising from a constructional defect.

    3.  A member or officer of an executive board shall not accept anything of value given to him in exchange for encouraging or discouraging the association of which he is a member or officer of the executive board to file a claim for damages arising from a constructional defect.

    4.  If a property manager violates the provisions of this section:

    (a) The real estate division of the department of business and industry shall suspend or revoke his permit to engage in property management issued pursuant to chapter 645 of NRS, if he has been issued such a permit; and

    (b) The real estate commission shall suspend or revoke his certificate issued pursuant to NRS 116.31139, if he has been issued such a certificate.

    5.  If a member or officer of an executive board violates the provisions of this section, the executive board shall remove the officer or member from the board.

    6.  Any person who willfully violates the provisions of this section is guilty of a misdemeanor.

    7.  As used in this section, “constructional defect” has the meaning ascribed to it in NRS 40.615.

    Sec. 22.  NRS 116.1203 is hereby amended to read as follows:

    116.1203  1.  Except as otherwise provided in subsection 2, if a planned community contains no more than 12 units and is not subject to any developmental rights, it is subject only to NRS 116.1105, 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.

    2.  Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, [NRS] 116.3101 to 116.3119, and section 21 of this act inclusive, and 116.110305 to 116.110393, inclusive, to the extent necessary in construing any of those sections, apply to a residential planned community containing more than six units.

    Sec. 23.  NRS 116.31139 is hereby amended to read as follows:

    116.31139  1.  An association may employ a person engaged in property management for the common-interest community.

    2.  Except as otherwise provided in this section, a person engaged in property management for a common-interest community must:

    (a) Hold a permit to engage in property management that is issued pursuant to the provisions of chapter 645 of NRS; or

    (b) Hold a certificate issued by the real estate commission pursuant to subsection 3.

    3.  The real estate commission shall provide by regulation for the issuance of certificates for the management of common-interest communities to persons who are not otherwise authorized to engage in property management pursuant to the provisions of chapter 645 of NRS. The regulations:

    (a) Must establish the qualifications for the issuance of such a certificate, including the education and experience required to obtain such a certificate;

    (b) May require applicants to pass an examination in order to obtain a certificate;

    (c) Must establish standards of practice for persons engaged in property management for a common-interest community;

    (d) Must establish the grounds for initiating disciplinary action against a person to whom a certificate has been issued, including, without limitation, the grounds for placing conditions, limitations or restrictions on a certificate and for the suspension or revocation of a certificate; and

    (e) Must establish rules of practice and procedure for conducting disciplinary hearings.

 

 
The real estate division of the department of business and industry may investigate the property managers to whom certificates have been issued to ensure their compliance with section 21 of this act and the standards of practice adopted pursuant to this subsection and collect a fee for the issuance of a certificate by the commission in an amount not to exceed the administrative costs of issuing the certificate.

    4.  The provisions of subsection 2 do not apply to:

    (a) A person who is engaged in property management for a common-interest community on October 1, 1999, and is granted an exemption from the requirements of subsection 2 by the administrator upon demonstration that he is qualified and competent to engage in property management for a common-interest community.

    (b) A financial institution.

    (c) An attorney licensed to practice in this state.

    (d) A trustee.

    (e) An employee of a corporation who manages only the property of the corporation.

    (f) A declarant.

    (g) A receiver.

    5.  As used in this section, “property management” means the physical, administrative or financial maintenance and management of real property, or the supervision of those activities for a fee, commission or other compensation or valuable consideration.

    Sec. 24.  NRS 116.3115 is hereby amended to read as follows:

    116.3115  1.  Until the association makes an assessment for common expenses, the declarant shall pay all common expenses. After an assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association in accordance with the requirements set forth in NRS 116.31151. Except for an association for a time-share project governed by the provisions of chapter 119A of NRS, and unless the declaration imposes more stringent standards, the budget must include a budget for the daily operation of the association and the money for the reserve required by paragraph (b) of subsection 2.

    2.  Except for assessments under subsections 4 to 7, inclusive:

    (a) All common expenses, including a reserve, must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to subsections 1 and 2 of NRS 116.2107.

    (b) The association shall establish an adequate reserve, funded on a reasonable basis, for the repair, replacement and restoration of the major components of the common elements. The reserve may be used only for those purposes, including, without limitation, repairing, replacing and restoring roofs, roads and sidewalks, and must not be used for daily maintenance.

    3.  Any past due assessment for common expenses or installment thereof bears interest at the rate established by the association not exceeding 18 percent per year.

    4.  To the extent required by the declaration:

    (a) Any common expense associated with the maintenance, repair, restoration or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion the declaration provides;

    (b) Any common expense or portion thereof benefiting fewer than all of the units must be assessed exclusively against the units benefited; and

    (c) The costs of insurance must be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.

    5.  Assessments to pay a judgment against the association may be made only against the units in the common-interest community at the time the judgment was entered, in proportion to their liabilities for common expenses.

    6.  If any common expense is caused by the misconduct of any unit’s owner, the association may assess that expense exclusively against his unit.

    7.  The association of a common-interest community created before January 1, 1992, is not required to make an assessment against a vacant lot located within the community that is owned by the declarant.

    8.  If liabilities for common expenses are reallocated, assessments for common expenses and any installment thereof not yet due must be recalculated in accordance with the reallocated liabilities.

    9.  The association shall provide written notice to the owner of each unit of a meeting at which an assessment for a capital improvement or the commencement of a civil action is to be considered or action is to be taken on such an assessment at least 21 calendar days before the meeting. Except as otherwise provided in this subsection, the association may commence a civil action only upon a vote or written agreement of the owners of units to which at least a majority of the votes of the members of the association are allocated. The provisions of this subsection do not apply to a civil action that is commenced:

    (a) By an association for a time-share project governed by the provisions of chapter 119A of NRS;

    (b) To enforce the payment of an assessment;

    (c) To enforce the declaration, bylaws or rules of the association;

    (d) To proceed with a counterclaim; or

    (e) To protect the [health, safety and welfare of the members of the association.] action against the running of the statute of limitations or repose. If a civil action is commenced pursuant to this paragraph without the required vote or agreement, the action must be ratified within 90 days after the commencement of the action by a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated. If the association, after making a good faith effort, cannot obtain the required vote or agreement to commence or ratify such a civil action, the association may thereafter seek to dismiss the action without prejudice for that reason only if a vote or written agreement of the owners of the units to which at least a majority of votes of the members of the association are allocated was obtained at the time the approval to commence or ratify the action was sought.

    10.  At least 10 days before an association commences or seeks to ratify the commencement of a civil action, the association shall provide a written statement to all units’ owners that includes:

    (a) A reasonable estimate of the costs of the civil action, including reasonable attorney’s fees;

    (b) An explanation of the potential benefits of the civil action and the potential adverse consequences if the association does not commence the action or if the outcome of the action is not favorable to the association; and

    (c) All disclosures that are required to be made upon the sale of the property.

    11.  No person other than a unit’s owner may request the dismissal of a civil action commenced by the association on the ground that the association failed to comply with any provision of this section.

    Sec. 25.  NRS 119A.165 is hereby amended to read as follows:

    119A.165  1.  If a matter governed by this chapter is also governed by chapter 116 of NRS, compliance with the provisions of chapter 116 of NRS governing the matter which are in addition to or different from the provisions in this chapter governing the same matter is not required. In the event of a conflict between provisions of this chapter and chapter 116 of NRS, the provisions of this chapter prevail.

    2.  Without limiting the generality of subsection 1, the provisions of NRS 116.11145, 116.12065, 116.3103, 116.31031, 116.31034, 116.3106, 116.31065, 116.3108 to 116.311, inclusive, 116.31139, 116.31145 to 116.31158, inclusive, 116.31162, 116.31175, 116.31177, 116.41095 and 116.4117 and section 21 of this act do not apply to a time share or a time-share project.”.

    Amend sec. 13, page 10, line 29, by deleting:

“2, 3 and 4” and inserting:

“2 to 11, inclusive,”.

    Amend the title of the bill, fourth line, after “professional;” by inserting:

“imposing certain restrictions to prevent property managers from being encouraged to file a claim for a constructional defect; requiring a contractor to provide certain information to the initial purchaser of a residence;”

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes concerning construction, constructional defects and common-interest communities. (BDR 3‑667).”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblymen Anderson and Lee.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assemblywoman Buckley moved that all rules be suspended and the reprinting of Assembly Bill No. 133 be dispensed with, the Chief Clerk be authorized to insert Amendment No. 622 adopted by the Assembly, and the bill be placed on the General File.

    Motion carried unanimously.

    Assembly Bill No. 349.

    Bill read third time.

    Remarks by Assemblymen Goldwater, de Braga, Collins, Von Tobel and Brown.

    Roll call on Assembly Bill No. 349:

    Yeas—28.

    Nays—Angle, Beers, Brown, Carpenter, Cegavske, Gustavson, Hettrick, Marvel, Nolan, Tiffany, Von Tobel—11.

    Not Voting—Collins.

    Excused—Freeman, Williams—2.

    Assembly Bill No. 349 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 459.

    Bill read third time.

    Remarks by Assemblymen Parks, Smith, Cegavske, Giunchigliani, Anderson and Leslie.

    Roll call on Assembly Bill No. 459:

    Yeas—26.

    Nays—Angle, Beers, Brown, Carpenter, Cegavske, Claborn, Collins, Gustavson, Hettrick, Lee, Marvel, Neighbors, Tiffany, Von Tobel—14.

    Excused—Freeman, Williams—2.

    Assembly Bill No. 459 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 483.

    Bill read third time.

    Remarks by Assemblymen Beers, Collins, Lee, Anderson and Von Tobel.

    Potential conflicts of interest declared by Assemblymen Collins and Lee.

    Roll call on Assembly Bill No. 483:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Williams—2.

    Assembly Bill No. 483 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 133.

    Bill read third time.

    Remarks by Assemblymen Collins, Lee, Anderson and Von Tobel.

    Roll call on Assembly Bill No. 133:

    Yeas—40.

    Nays—None.

    Excused—Freeman, Williams—2.

    Assembly Bill No. 133 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

REMARKS FROM THE FLOOR

    Assemblyman Parks requested that the following remarks be entered in the Journal.

    Assemblywoman Buckley:

    Thank you, Mr. Speaker. I do not think I have ever used Order of Business 15 to address a bill but feel compelled to.  During the debate on AB 418, important points were not raised.

    The public policy behind a diverse portfolio is to eliminate risk. If a state depends on one type of energy, and there is a crisis, prices can rise beyond the reach of many individuals and small businesses—our constituents.  If a portfolio is diverse, risk is hedged and consumers are protected.  That is why so many of my colleagues supported AB 418.

    Some of my colleagues argued against this bill because it did not contain a price cap.  One of the reasons this bill did not contain a price cap is because current law already prohibits unjust and unreasonable rates.  If renewable energy is not affordable, it will not be allowed.  Also, the bill does not take effect until 2003.  This allows the next Nevada Legislature to examine how its efforts have spurred the development of renewable resources that are essential in ensuring low power prices in the future.

    My colleague from Assembly District 20 also argued that this bill is flawed because it allows renewable energy providers to ship power to other states. She argued that we should not allow our power to be exported when we just prohibited the sale of our power plants in AB 369. These are mixed comparisons. The Assembly leadership moved to quickly stop the sale of power plants so as not to lose control of our power plants and the prices they now charge. Because they are a regulated utility, we have the legal authority to initiate that action. We cannot ban any other company from exporting any energy because our U.S. Constitution does not allow it. Power plants that do not use renewable resources currently export power. Constitutionally, we do not have the authority to do what she suggests.

    AB 418 is another consumer protection measure to join those enacted this session.  Along with these other bills, AB 418 is part of a package of legislation that seeks to do everything we, as elected officials, can do to protect the people we represent from out-of-control utility prices and potential interruptions of service. That is why so many of us supported it. Thank you, Mr. Speaker.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Hannah Addison, Kevin Bassney, Matt Carrera, Amanda Casey, Gregory Christopher, Sammy Coonrad, Collin Davis, Kurt Egghart, Berna Francis, Cara Funding, Cheyenne Gott, Alexa Guglielmo, Jake Hess, Brendan Hill, Kevin Langley, Pat Mclarky, Anna Mestre, Morgan Murphy, Austin Smith, Bolle Stoever, Clee Thuong, Randy Velasco, Daniel Wells, Rachelle Wright, Cody West, Alyssa Wagner and Marriah Boley.

    On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Sandy Harmon.

    On request of Assemblywoman Smith, the privilege of the floor of the Assembly Chamber for this day was extended to Abigail Hart, Andre City, Jessica Reynolds, Zachary Silva, Leloni Atoigue, Greg Pheasant, Destiny King, Breanna Edwards, D’Marshae Vann, DeShan Carey, Chris Weathers, Yvonne Carey, Alex Vandevert, Dakota Beh, Autraya Chatman, Terrance Carthen, Roman Kea, Nicole West, Dexter Vann, Elisabeth Jones, Amber Guttke, Alphonso Hamilton, Tanaia Felton, Shyla Pheasant, Bianca Florez and Kathleen Rand.

    Assemblywoman Buckley moved that the Assembly adjourn until Monday, April 30, 2001 at 11:00 a.m.

    Motion carried.

    Assembly adjourned at 3:00 p.m.

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly