THE SEVENTY-SECOND DAY

                               

 

 

Carson City (Tuesday), April 17, 2001

    Assembly called to order at 11:12 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present except Assemblymen Oceguera and Parks, who were excused.

    Prayer by the Chaplain, Reverend Ruth Hanusa.

    O God, today we pray for all those who work in this place: for those who write bills, crafting the words with care; for those who conduct hearings, and for those who listen, and for those who speak, that they may do so with fairness, thoroughness and truthfulness; for those who lobby, that they might represent their special interests also mindful of the common good; for those who photocopy and those who process words; for those who deliver the messages and answer phones; for gate keepers, chair-fetchers, go-fers and photographers; for those who make coffee and pastries, and for those who clean and make repairs; for those who record the proceedings; for presiders and deciders; for the articulate and the ramblers; and for those whose humor daily refreshes the whole body. For all these we pray, O God. May they never weary in well-doing. Guide them, bless them, sustain them, by Your Grace.

Amen.

    Pledge of allegiance to the Flag.

    Assemblyman Manendo moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.

    Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 572, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 155, 422, 540, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Commerce and Labor, to which was referred Assembly Bill No. 620, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and re-refer to the Committee on Ways and Means.

Joseph E. Dini, Jr., Chairman

Mr. Speaker:

    Your Committee on Education, to which were referred Assembly Bills Nos. 213, 499, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Education, to which was referred Assembly Bill No. 214, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Wendell P. Williams, Chairman


Mr. Speaker:

    Your Concurrent Committee on Education, to which was referred Assembly Bill No. 311, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Concurrent Committee on Education, to which was referred Assembly Bill No. 409, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Wendell P. Williams, Chairman

Mr. Speaker:

    Your Committee on Elections, Procedures, and Ethics, to which were referred Assembly Bills Nos. 227, 443, 638, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Chris Giunchigliani, Chairman

Mr. Speaker:

    Your Concurrent Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 381, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Chris Giunchigliani, Chairman

Mr. Speaker:

    Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 413, 536, 554, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Douglas A. Bache, Chairman

Mr. Speaker:

    Your Concurrent Committee on Government Affairs, to which was referred Assembly Bill No. 482, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Douglas A. Bache, Chairman

Mr. Speaker:

    Your Committee on Health and Human Services, to which was referred Assembly Bill No. 442, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Health and Human Services, to which was re-referred Assembly Bill No. 173, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Ellen M. Koivisto, Chairman

Mr. Speaker:

    Your Committee on Judiciary, to which was referred Assembly Bill No. 548, 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 Assembly Bill No. 77, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Judiciary, to which was referred Assembly Bill No. 399, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Judiciary, to which was referred Assembly Bill No. 489, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.


    Also, your Committee on Judiciary, to which was referred Assembly Bill No. 581, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson, Chairman

Mr. Speaker:

    Your Concurrent Committee on Judiciary, to which was referred Assembly Bill No. 166, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson, Chairman

Mr. Speaker:

    Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Joint Resolution No. 7, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Marcia de Braga, Chairman

Mr. Speaker:

    Your Committee on Transportation, to which was referred Assembly Bill No. 246, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Transportation, to which was referred Assembly Bill No. 643, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Transportation, to which was referred Assembly Bill No. 474, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended, and re-refer to the Committee on Ways and Means.

Vonne S. Chowning, Chairman

Mr. Speaker:

    Your Committee on Ways and Means, to which was referred Assembly Bill No. 4, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Ways and Means, to which was re-referred Assembly Bill No. 315, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Morse Arberry Jr., Chairman

Mr. Speaker:

    Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 134, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Morse Arberry Jr., Chairman

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Anderson moved that Assembly Bill No. 573 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Anderson.

    Motion carried.

    Assemblywoman Giunchigliani moved that Assembly Bill No. 335 be taken from the Chief Clerk's desk and placed on the General File.

    Motion carried.

    Assemblyman Dini moved that Assembly Bill No. 415 be taken from the General File and placed on the Chief Clerk's desk.

    Motion carried.

    Assemblyman Dini moved that Assembly Bill No. 620 just reported out of committee, be placed on the Chief Clerk’s desk.

    Motion carried.

    Assemblyman Beers moved that Assembly Bill No. 483 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Beers.

    Motion carried.

    Assemblywoman Buckley moved that Assembly Bill No. 431 be taken from the General File and placed on the Chief Clerk's desk.

    Motion carried.

    Assemblyman Williams moved that Assembly Bill No. 311 just reported out of committee, be placed on the Chief Clerk’s desk.

    Motion carried.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, April 13, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 4, 150, 159, 499; Senate Joint Resolution No. 2.

                                                                                  Mary Jo Mongelli

                                                                            Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    Senate Joint Resolution No. 2.

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

    Motion carried.

Notice of Exemption

    April 16, 2001

    The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bill Nos. 69, 175, 199, 285, 291, 477, 567, 569, 605, 613 and 662.

                                                                                 Mark Stevens

                                                                                   Fiscal Analysis Division

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 4.

    Assemblyman Manendo moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.


    Senate Bill No. 150.

    Assemblyman Manendo moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Senate Bill No. 159.

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

    Motion carried.

    Senate Bill No. 499.

    Assemblyman Manendo moved that the bill be referred to the Committee on Taxation.

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Bills Nos. 4, 77, 155, 166, 213, 214, 227, 246, 399, 409, 413, 422, 443, 474, 489, 499, 536, 540, 548, 554, 581, 638, 643; Assembly Joint Resolution No. 7 be placed on the Second Reading File.

    Motion carried.

    Assemblywoman Buckley moved that Assembly Bill Nos. 134, 315 and 381 be placed on the General File.

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 204.

    Bill read second time.

    The following amendment was proposed by the Committee on Commerce and Labor:

    Amendment No. 246.

    Amend the bill as a whole by deleting sections 1 through 9 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

    “Section 1. NRS 598.0915 is hereby amended to read as follows:

    598.0915  A person engages in a “deceptive trade practice” if, in the course of his business or occupation, he:

    1.  Knowingly passes off goods or services for sale or lease as those of another.

    2.  Knowingly makes a false representation as to the source, sponsorship, approval or certification of goods or services for sale or lease.

    3.  Knowingly makes a false representation as to affiliation, connection, association with or certification by another.

    4.  Uses deceptive representations or designations of geographic origin in connection with goods or services for sale or lease.

    5.  Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations or quantities of goods or services for sale or lease or a false representation as to the sponsorship, approval, status, affiliation or connection of a person therewith.

    6.  Represents that goods for sale or lease are original or new if he knows or should know that they are deteriorated, altered, reconditioned, reclaimed, used or secondhand.

    7.  Represents that goods or services for sale or lease are of a particular standard, quality or grade, or that such goods are of a particular style or model, if he knows or should know that they are of another.

    8.  Disparages the goods, services or business of another by false or misleading representation of fact.

    9.  Advertises goods or services with intent not to sell or lease them as advertised.

    10.  Advertises goods or services for sale or lease with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.

    11.  Advertises under the guise of obtaining sales personnel when in fact the purpose is to first sell or lease goods or services to the sales personnel applicant.

    12.  Makes false or misleading statements of fact concerning the price of goods or services for sale or lease, or the reasons for, existence of or amounts of price reductions.

    13.  Fraudulently alters any contract, written estimate of repair, written statement of charges or other document in connection with the sale or lease of goods or services.

    14.  Knowingly makes any other false representation in a transaction.

    15.  Knowingly falsifies an application for credit relating to a retail installment transaction, as defined in NRS 97.115.

    Sec. 2. NRS 41.600 is hereby amended to read as follows:

    41.600  1.  An action may be brought by any person who is a victim of consumer fraud.

    2.  As used in this section, “consumer fraud” means:

    (a) An unlawful act as defined in NRS 119.330;

    (b) An act prohibited by NRS 482.36655 to 482.36667, inclusive;

    (c) An act prohibited by NRS 482.351; or

    (d) A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive.

    3.  If the claimant is the prevailing party, the court shall award [any] him:

    (a) Any damages that he has sustained[.] ; and

    (b) His costs in the action and reasonable attorney’s fees.

    4.  Any action brought pursuant to this section is not an action upon any contract underlying the original transaction.

    Sec. 3. NRS 97.285 is hereby amended to read as follows:

    97.285  [The] Except as otherwise provided by specific statute, the provisions of this chapter governing retail installment transactions are exclusive, and the provisions of any other statute do not apply to retail installment transactions governed by this chapter. If there is a conflict between the provisions of this chapter and any other statute, the provisions of this chapter control.”.

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

“AN ACT relating to trade practices; providing that the knowing falsification of an application for credit relating to a retail installment transaction is a deceptive trade practice; requiring the award of court costs and attorney’s fees to certain victims of consumer fraud;”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Provides that knowing falsification of application for credit relating to retail installment transaction is deceptive trade practice and requires award of court costs and attorney’s fees to certain victims of consumer fraud. (BDR 52‑1091)”.

    Assemblyman Dini moved the adoption of the amendment.

    Remarks by Assemblyman Dini.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 208.

    Bill read second time.

    The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:

    Amendment No. 253.

    Amend the bill as a whole by deleting sections 1 through 13 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

    “Section 1. Chapter 574 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided by a specific statute, an agency, board, commission or political subdivision of this state, including an agency, board, commission or governing body of a local government, shall not prohibit or impose restrictions that are more stringent than those set forth in this chapter concerning any of the following events in which an animal is used:

    (a) A rodeo;

    (b) A livestock show or exhibition that promotes the proper care, husbandry or performance of an animal; or

    (c) A circus or exhibition that is conducted in accordance with a permit issued by the United States Department of Agriculture.

    2.  As used in this section, “animal” has the meaning ascribed to it in NRS 574.050.

    Sec. 2. The provisions of section 1 of this act do not apply to any regulation or ordinance adopted before January 1, 2002, that prohibits or imposes restrictions that are more stringent than those set forth in chapter 574 of NRS concerning any event described in section 1.

    Sec. 3. This act becomes effective on January 1, 2002.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to animals; prohibiting an agency, board, commission or political subdivision of this state or an agency, board, commission or governing body of a local government in this state from prohibiting or imposing certain restrictions concerning certain events in which animals are used; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing regulation of certain events in which animals are used. (BDR 50‑206)”.

    Assemblyman Collins moved the adoption of the amendment.

    Remarks by Assemblyman Collins.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 337.

    Bill read second time.

    The following amendment was proposed by the Committee on Commerce and Labor:

    Amendment No. 278.

    Amend section 1, page 1, by deleting lines 9 through 18 and inserting:

    “3.  Solicits a person by telephone at his residence between 9 p.m. and 8 a.m.; or

    4.  Blocks or otherwise intentionally circumvents any service used to identify the”.

    Amend the bill as a whole by deleting sec. 3 and renumbering sec. 4 as sec. 3.

    Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 and 7 as sections 4 and 5.

    Assemblyman Dini moved the adoption of the amendment.

    Remarks by Assemblyman Dini.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 341.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 351.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 138.

    Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:

    “Section 1. Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2. 1.  If the board of trustees of a school district is considering whether to enter into a contract or other agreement to delegate to another its responsibility to operate, manage or oversee a school of the school district or is otherwise pursuing such a contractual relationship, the board of trustees shall provide notice to the superintendent of schools of the school district, each administrator who is employed by the board of trustees to perform administrative duties at the district level and each administrator employed at a school that is under such consideration. Each person who is so notified shall disclose to the board of trustees if he, or any member of his family who is related to him within the third degree of consanguinity or affinity, has a personal pecuniary interest in the corporation or other entity with whom the board of trustees desires to contract.

    2.  If the board of trustees of a school district is considering whether to enter into a contract or other agreement to delegate to another its responsibility to operate, manage or oversee a school of the school district or is otherwise pursuing such a contractual relationship, the board of trustees shall:

    (a)  Hold at least one public meeting regarding the potential agreement within the zone of attendance of each school that is under consideration.

    (b) At least 5 school days before the date of the meeting, cause notice of the purpose, date and time of the meeting to be published in at least one newspaper of general circulation within the county.

    (c) At least 5 school days before the date of the meeting, provide written notice of the meeting to each parent and legal guardian of a pupil who is enrolled in a school that is under consideration. The written notice may be included with other notices provided to parents and legal guardians of pupils if the notice is provided within the time prescribed in this paragraph.

    (d) Take such other action as is necessary to ensure that all the parents and legal guardians of pupils who are enrolled in a school that is under consideration are aware that the board of trustees is considering whether to enter into a contract or agreement and of the date and time of the public meeting.

    3.  At a public meeting held by the board of trustees pursuant to subsection 2, the board of trustees shall:

    (a) Provide full disclosure of the source of any donations that are expected to be made or that have been made to the proposed contractor in connection with the contract or agreement or to otherwise carry out the contract or agreement;

    (b) Provide a written report that indicates whether a member of the board of trustees, or any member of his family who is related to him within the third degree of consanguinity or affinity, has a personal pecuniary interest in the corporation or other entity with whom the board of trustees desires to contract;

    (c) Provide a written report that indicates whether any person who is required to make a disclosure pursuant to subsection 1, or any member of his family who is related to him within the third degree of consanguinity or affinity, has a personal pecuniary interest in the corporation or other entity with whom the board of trustees desires to contract; and

    (d)  Reserve a significant portion of the meeting for the board of trustees to:

      (1) Receive public comment on the proposed contract or agreement; and

      (2) Respond to or discuss any related questions.

    4.  If, after complying with the provisions of this section, the board of trustees of a school district decides to pursue a contract or other agreement to delegate to another its responsibility to operate, manage or oversee a school of the school district, the board of trustees may submit a written request for legislative approval pursuant to section 3 of this act.

    Sec. 3. 1.  The board of trustees of a school district shall not enter into a contract or other agreement to delegate to another its responsibility to operate, manage or oversee a school of the school district unless the board of trustees has:

    (a) Complied with section 2 of this act; and

    (b) Received approval to enter into the contract or agreement from the legislature by concurrent resolution.

    2.  The board of trustees of a school district may submit a written request for legislative approval pursuant to subsection 1 to the director of the legislative counsel bureau for transmission to the legislature. A written request must include, without limitation:

    (a) A description of the manner in which the board of trustees solicited participation of the parents and legal guardians of pupils who are enrolled in a school that is under consideration, including, without limitation, a description of the public comment that was received at each public meeting which was held pursuant to section 2 of this act;

    (b) A description of the source of any donations that are expected to be made or that have been made to the proposed contractor in connection with the contract or agreement or to otherwise carry out the contract or agreement;  

    (c) A report that indicates whether any member of the board of trustees, the superintendent of schools of the school district, any administrator who is employed by the board of trustees to perform administrative duties at the district level or any administrator employed at a school that is under consideration, or any member of the family of a person described in this paragraph who is related within the third degree of consanguinity or affinity, has a personal pecuniary interest in the corporation or other entity with whom the board of trustees desires to contract; 

    (d) The identity of the employees of the school district who were primarily responsible for the decisions relating to the operation and management of the school for the 4 years immediately preceding the date of the request; and

    (e) If the school has been designated as demonstrating need for improvement pursuant to NRS 385.367 or 385.368 within the immediately preceding year:

        (1) A description of the action taken by the school and the school district to improve the academic success of the school; and

        (2) A description of the adjustments in the allocation of financial resources of the school district that are necessary to improve the academic success of the school.

    3.  If a contract or other agreement for the operation, management or oversight of a school is approved by the legislature pursuant to this section, the board of trustees of the school district that enters into the agreement:

    (a) Remains responsible for complying with all applicable statutes and regulations relating to that school, including, without limitation, NRS 385.3455 to 385.391, inclusive; and

    (b) If the superintendent of public instruction appoints a licensed administrator to oversee that school pursuant to NRS 385.386, shall ensure that the person or entity with whom the board has entered into the contract or agreement complies with all recommendations and actions required by the administrator who was appointed by the superintendent of public instruction.

    Sec. 4. This act applies to the board of trustees of a school district for any contract or other agreement entered into on or after the effective date of this act, regardless of whether negotiations for the contract or agreement began before that date.

    Sec. 5. If the board of trustees of a school district enters into a contract or other agreement to delegate to another its responsibility for the operation, management or oversight of a school before the effective date of this act:

    1.  The board of trustees shall, not later than 60 days after the effective date of this act, prepare a written report available to the general public that:

    (a) Provides full disclosure of the source of any donations that are expected to be made or that have been made to the contractor in connection with the contract or agreement or to otherwise carry out the contract or agreement;and

    (b) Indicates whether any member of the board of trustees, the superintendent of schools of the school district, any administrator who is employed by the board of trustees to perform administrative duties at the district level or any administrator employed at a school that is covered by the contract or agreement, or any member of the family of a person described in this paragraph who is related within the third degree of consanguinity or affinity, has a personal pecuniary interest in the corporation or entity with whom the board of trustees entered into the contract.

    2.  The first renewal of such a contract or agreement, or an amendment that serves as a renewal of the contract or agreement, after the effective date of this act shall be deemed for the purposes of this act to be the entrance into a new contract or agreement to which the provisions of sections 2 and 3 of this act apply. If the first renewal of such a contract or agreement, or an amendment that serves as a renewal of the contract or agreement, after the effective date of this act does not comply with the provisions of sections 2 and 3 of this act, such a renewal or amendment is void.”.

    Sec. 6. This act becomes effective upon passage and approval.

    Amend the title of the bill to read as follows:

“AN ACT relating to education; requiring the board of trustees of a school district to make certain disclosures, hold public meetings and solicit public comment before entering into certain contracts relating to the delegation of its responsibility for the management of public schools; requiring the board of trustees of a school district to obtain approval from the legislature before entering into such contracts; providing that certain related requirements apply to the renewal of such contracts that were entered into before the effective date of this act; and providing other matters properly relating thereto.”.

    Assemblyman Williams moved the adoption of the amendment.

    Remarks by Assemblyman Williams.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assemblyman Williams moved that upon return from the printer Assembly Bill No. 351 be placed on the Chief Clerk’s desk.

    Motion carried.

    Assembly Bill No. 397.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 297.

    Amend section 1, page 1, line 3, after “statement” by inserting:

made by an alleged victim of an act that constitutes domestic violence pursuant to NRS 33.018”.

Amend section 1, page 1, by deleting lines 5 and 6 and inserting:

    “(a) The statement of the declarant describes or explains:

        (1) A threat of physical injury to or the infliction of physical injury upon the declarant; or

        (2) A threat of physical injury to or the infliction of physical injury upon a person to whom the declarant is related by blood or marriage;”.

    Amend section 1, page 2, line 2, after “known” by inserting “in writing”.

    Amend the title of the bill, third line, after “declarant” by inserting:

“or upon a person to whom the declarant is related by blood or marriage”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 451.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 452.

    Bill read second time.

    The following amendment was proposed by the Committee on Commerce and Labor:

    Amendment No. 247.

    Amend section 1, page 1, line 4, after “shall” by inserting:

use its best efforts to”.

    Amend section 1, page 1, line 6, by deleting “plan.” and inserting:

plan if the health center:

    (a) Meets all conditions imposed by the carrier on similarly situated providers of health care with which the carrier contracts, including, without limitation:

        (1) Certification for participation in the Medicaid or Medicare program; and

        (2) Requirements relating to the appropriate credentials for employees of providers of health care; and

    (b) Agrees to reasonable reimbursement rates that are generally consistent with those offered by the carrier to similarly situated providers of health care with which the carrier contracts.”.

    Amend sec. 3, page 1, line 16, after “shall” by inserting:

use its best efforts to”.

    Amend sec. 3, page 1, line 19, by deleting “enrollees.” and inserting:

enrollees if the health center:

    (a) Meets all conditions imposed by the carrier on similarly situated providers of health care with which the carrier contracts, including, without limitation:

        (1) Certification for participation in the Medicaid or Medicare program; and

        (2) Requirements relating to the appropriate credentials for employees of providers of health care; and

    (b) Agrees to reasonable reimbursement rates that are generally consistent with those offered by the carrier to similarly situated providers of health care with which the carrier contracts.”.

    Amend sec. 5, page 2, line 9, after “shall” by inserting:

use its best efforts to”.

    Amend sec. 5, page 2, line 12, by deleting “plan.” and inserting:

plan if the health center:

    (a) Meets all conditions imposed by the carrier on similarly situated providers of health care that are members of the carrier’s defined set of providers, including, without limitation:

        (1) Certification for participation in the Medicaid or Medicare program; and

        (2) Requirements relating to the appropriate credentials for employees of providers of health care; and

    (b) Agrees to reasonable reimbursement rates that are generally consistent with those offered by the carrier to similarly situated providers of health care that are members of the carrier’s defined set of providers.”.

    Amend sec. 8, page 3, line 1, after “shall” by inserting:

use its best efforts to”.

    Amend sec. 8, page 3, line 3, by deleting “enrollees.” and inserting:

enrollees if the health center:

    (a) Meets all conditions imposed by the organization on similarly situated providers of health care that are under contract with the organization, including, without limitation:

        (1) Certification for participation in the Medicaid or Medicare program; and

        (2) Requirements relating to the appropriate credentials for employees of providers of health care; and

    (b) Agrees to reasonable reimbursement rates that are generally consistent with those offered by the organization to similarly situated providers of health care that are under contract with the organization.”.

    Amend sec. 10, page 3, line 36, after “shall” by inserting:

use its best efforts to”.

    Amend sec. 10, page 3, line 38, by deleting “insureds.” and inserting:

insureds if the health center:

    (a) Meets all conditions imposed by the organization on similarly situated providers of health care that are under contract with the organization, including, without limitation:

        (1) Certification for participation in the Medicaid or Medicare program; and

        (2) Requirements relating to the appropriate credentials for employees of providers of health care; and

    (b) Agrees to reasonable reimbursement rates that are generally consistent with those offered by the organization to similarly situated providers of health care that are under contract with the organization.”.

    Amend sec. 15, page 5, line 42, by deleting:

“July 1, 2001” and inserting:

“January 1, 2002.”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Requires certain providers of health insurance to contract with federally qualified health centers as providers of health care under certain circumstances. (BDR 57‑1177)”.

    Assemblyman Dini moved the adoption of the amendment.

    Remarks by Assemblyman Dini.

    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 11:45 a.m.

ASSEMBLY IN SESSION

    At 11:51 a.m.

    Mr. Speaker presiding.

    Quorum present.

    Assembly Bill No. 465.

    Bill read second time.

    The following amendment was proposed by Assemblyman Bache:

    Amendment No. 309.

    Amend the bill as a whole by renumbering sec. 4 as sec. 5 and adding a new section designated sec. 4, following sec. 3, to read as follows:
    “Sec. 4.  Section 5 of Senate Bill No. 59 of this session is hereby amended to read as follows:

    Sec. 5.  NRS 371.045 is hereby amended to read as follows:

    371.045  1.  A board of county commissioners may by ordinance, but not as in a case of emergency, after receiving the approval of a majority of the registered voters voting on the question at a primary, general or special election, impose a supplemental [privilege] governmental services tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except:

    (a) A vehicle exempt from the [motor vehicle privilege] governmental services tax pursuant to this chapter; or

    (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.

    2.  A county may combine this question with questions submitted pursuant to NRS 244.3351, 278.710 or 377A.020, or any combination thereof.

    3.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.

    4.  Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.

    5.  Except as otherwise provided in subsection 6 and NRS 371.047, the county shall use the proceeds of the tax to pay the cost of:

    (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects or underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, respectively:

        (1) Within the boundaries of the county;

        (2) Within 1 mile outside the boundaries of the county if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county; or

        (3) Within 30 miles outside the boundaries of the county and the boundaries of this state, where those boundaries are coterminous, if:

            (I) The projects consist of improvements to a highway which is located wholly or partially outside the boundaries of this state and which connects this state to an interstate highway; and

            (II) The board of county commissioners finds that such projects will provide a significant economic benefit to the county;

    (b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or

    (c) Any combination of those uses.

    6.  The county may expend the proceeds of the supplemental [privilege] governmental services tax authorized by this section and NRS 371.047, or any borrowing in anticipation of that tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to the projects to be financed with the proceeds of the tax.

    7.  As used in this section, “based” has the meaning ascribed to it in NRS 482.011.”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assemblyman Bache moved that upon return from the printer Assembly Bill No. 465 be placed on the Chief Clerk’s desk.

    Motion carried.

    Assembly Bill No. 535.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 542.

    Bill read second time and ordered to third reading.


    Assembly Bill No. 547.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 294.

    Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 through 8 as sections 2 through 7.

    Amend sec. 8, page 8, line 4, by deleting “3” and inserting “2”.

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

“making various changes to”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 549.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 558.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 236.

    Amend section 1, page 1, line 5, by deleting “$357.50” and inserting “$368.75”.

    Amend sec. 2, page 1, line 11, by deleting “$202.34” and inserting “$208.92”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assemblyman Bache moved that upon return from the printer Assembly Bill No. 558 be placed on the Chief Clerk’s desk.

    Motion carried.

    Assembly Bill No. 574.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 240.

    Amend section 1, page 2, line 27, by deleting:

four times convicted” and inserting: “convicted four times or more”.

    Amend the bill as a whole by deleting sec. 2 and adding a new section designated sec. 2, following section 1, to read as follows:

    “Sec. 2.  NRS 176.035 is hereby amended to read as follows:

    176.035  1.  Except as otherwise provided in subsection 2, whenever a person is convicted of two or more offenses, and sentence has been pronounced for one offense, the court in imposing any subsequent sentence may provide that the sentences subsequently pronounced run either concurrently or consecutively with the sentence first imposed. Except as otherwise provided in subsections 2 and 3, if the court makes no order with reference thereto, all such subsequent sentences run concurrently.

    2.  Except as otherwise provided in this subsection, whenever a person under sentence of imprisonment for committing a felony commits another crime constituting a felony and is sentenced to another term of imprisonment for that felony, the latter term must not begin until the expiration of all prior terms. If the person is a probationer at the time the subsequent felony is committed, the court may provide that the latter term of imprisonment run concurrently with any prior terms or portions thereof. If the person is sentenced to a term of imprisonment for life without the possibility of parole, the sentence must be executed without reference to the unexpired term of imprisonment and without reference to his eligibility for parole.

    3.  Whenever a person under sentence of imprisonment commits another crime constituting a misdemeanor or gross misdemeanor, the court shall provide expressly whether the sentence subsequently pronounced runs concurrently or consecutively with the one first imposed.

    4.  Whenever a person under sentence of imprisonment commits another crime for which the punishment is death, the sentence must be executed without reference to the unexpired term of imprisonment.

    5.  This section does not prevent the state board of parole commissioners from paroling a person under consecutive sentences of imprisonment from a current term of imprisonment to a subsequent term of imprisonment.”.

    Amend the title of the bill by deleting the third through fifth lines and inserting: “concerning such programs of treatment; making various changes concerning the sentencing of certain persons who are sentenced to imprisonment without the possibility of parole; and providing other matters properly relating”.

    Amend the summary of the bill to read as follows:

“SUMMARY―Makes changes to provisions concerning programs of treatment for abuse of alcohol or drugs for certain offenders and provisions concerning sentencing of certain persons sentenced to imprisonment for life without parole. (BDR 16‑1327)”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 582.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 609.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 628.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 632.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 641.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 323.

    Amend section 1, page 6, by deleting lines 43 through 48 and inserting:

departments, agencies and officers of each participating jurisdiction may cooperate with and provide assistance to the cooperating committee concerning any provision of this agreement.”.

    Amend the title of the bill, third line, by deleting “requiring” and inserting “authorizing”.

    Assemblywoman Chowning moved the adoption of the amendment.

    Remarks by Assemblywoman Chowning.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 653.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 660.

    Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Chowning moved that Assembly Bill No. 8 be taken from the General File and placed on the Chief Clerk’s desk.

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 4.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 77.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 347.

    Amend section 1, page 2, line 27, by deleting “[5] 3” and inserting “5”.

    Amend section 1, page 2, line 30, by deleting “[7] 5” and inserting “7”.

    Amend section 1, page 2, line 31, by deleting “[15] 9” and inserting “15”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 77 be placed on the Chief Clerks desk.

    Motion carried.

    Assembly Bill No. 155.

    Bill read second time.

    The following amendment was proposed by the Committee on Commerce and Labor:

    Amendment No. 276.

    Amend section 1, page 2, by deleting lines 9 through 12 and inserting:

    “(b) The substitution is approved by the awarding authority [and:] or an authorized representative of the awarding authority. The substitution must be approved if the awarding authority or authorized representative of the awarding authority determines that:”.

    Amend section 1, page 2, by deleting lines 15 through 18 and inserting:

“offered to the subcontractor with the same general terms that all other subcontractors on the project were offered;”.

    Amend section 1, page 2, between lines 23 and 24, by inserting:

    “4.  As used in this section, “general terms” means the terms and conditions of a contract that set the basic requirements for a project and apply without regard to the particular trade or specialty of a subcontractor, but does not include any provision that controls or relates to the specific portion of the project that will be completed by a subcontractor, including, without limitation, the materials to be used by the subcontractor or other details of the work to be performed by the subcontractor.”.

    Assemblyman Dini moved the adoption of the amendment.

    Remarks by Assemblyman Dini.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 166.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 350.

    Amend sec. 15, page 10, line 41, by deleting “October” and inserting “July”.

    Amend the bill as a whole by adding a new section designated sec. 16, following sec. 15, to read as follows:

    “Sec. 16. This act becomes effective on July 1, 2001.”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.

    Assembly Bill No. 213.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 214.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 174.

    Amend the bill as a whole by deleting sections 1 through 5 and adding new sections designated as sections 1 through 5.9, following the enacting clause, to read as follows:

    “Section 1. Chapter 389 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.2 to 6, inclusive, of this act.

    Sec. 1.2.  As used in sections 1.2 to 5.9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 1.4, 1.6 and 1.8 of this act have the meanings ascribed to them in those sections.

    Sec. 1.4.  “Irregularity in testing administration” means the failure to administer an examination to pupils pursuant to NRS 389.015 or 389.550 in the manner intended by the person or entity that created the examination.

    Sec. 1.6. “Irregularity in testing security” means an act or omission that tends to corrupt or impair the security of an examination administered to pupils pursuant to NRS 389.015 or 389.550, including, without limitation:

    1.  The failure to comply with security procedures adopted pursuant to section 2 or 4 of this act;

    2.  The disclosure of questions or answers to questions on an examination in a manner not otherwise approved by law; and

    3.  Other breaches in the security or confidentiality of the questions or answers to questions on an examination.

    Sec. 1.8. “School official” means:

    1.  A member of a board of trustees of a school district;

    2.  A member of a governing body of a charter school; or

    3.  A licensed or unlicensed person employed by the board of trustees of a school district or the governing body of a charter school.

    Sec. 2. 1.  The department shall, by regulation or otherwise, adopt and enforce a plan setting forth procedures to ensure the security of examinations that are administered to pupils pursuant to NRS 389.015 and 389.550.

    2.  A plan adopted pursuant to subsection 1 must include, without limitation:

    (a) Procedures pursuant to which pupils, school officials and other persons may, and are encouraged to, report irregularities in testing administration and testing security.

    (b) Procedures necessary to ensure the security of test materials and the consistency of testing administration.

    (c) Procedures that specifically set forth the action that must be taken in response to a report of an irregularity in testing administration or testing security and the actions that must be taken during an investigation of such an irregularity. For each action that is required, the procedures must identify:

        (1) By category, the employees of the school district, charter school or department, or any combination thereof, who are responsible for taking the action; and

        (2) Whether the school district, charter school or department, or any combination thereof, is responsible for ensuring that the action is carried out successfully.

    (d) Objective criteria that set forth the conditions under which a school, including, without limitation, a charter school or a school district, or both, is required to file a plan for corrective action in response to an irregularity in testing administration or testing security for the purposes of section 5.3 of this act.

    3. A copy of the plan adopted pursuant to this section and the procedures set forth therein must be submitted on or before September 1 of each year to:

    (a) The state board; and

    (b) The legislative committee on education, created pursuant to NRS 218.5352.

    Sec. 3. 1.  If the department:

    (a) Has reason to believe that a violation of the plan adopted pursuant to section 2 of this act may have occurred;

    (b) Has reason to believe that a violation of the plan adopted pursuant to section 4 of this act may have occurred with respect to an examination that is administered pursuant to NRS 389.015 or 389.550; or

    (c) Receives a request pursuant to subparagraph (2) of paragraph (b) of subsection 1 of section 5 of this act to investigate a potential violation of the plan adopted pursuant to section 4 of this act with respect to an examination that is administered pursuant to NRS 389.015 or 389.550,

the department shall investigate the matter as it deems appropriate.

 

 
    2.  If the department investigates a matter pursuant to subsection 1, the department may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects.

    3.  If a witness refuses to attend, testify or produce materials as required by the subpoena, the department may report to the district court by petition, setting forth that:

    (a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;

    (b) The witness has been subpoenaed by the department pursuant to this section; and

    (c) The witness has failed or refused to attend, testify or produce materials before the department as required by the subpoena, or has refused to answer questions propounded to him,

 

 
and asking for an order of the court compelling the witness to attend, testify or produce materials before the department.

    4.  Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced materials before the department. A certified copy of the order must be served upon the witness.

    5.  If it appears to the court that the subpoena was regularly issued by the department, the court shall enter an order that the witness appear before the department at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.

    Sec. 4. 1.  The board of trustees of each school district shall, for each public school in the district, including, without limitation, charter schools, adopt and enforce a plan setting forth procedures to ensure the security of examinations.

    2.  A plan adopted pursuant to subsection 1 must include, without limitation:

    (a) Procedures pursuant to which pupils, school officials and other persons may, and are encouraged to, report irregularities in testing administration and testing security.

    (b) Procedures necessary to ensure the security of test materials and the consistency of testing administration.

    (c) With respect to secondary schools, procedures pursuant to which the school district or charter school, as appropriate, will verify the identity of pupils taking an examination.

    (d) Procedures that specifically set forth the action that must be taken in response to a report of an irregularity in testing administration or testing security and the action that must be taken during an investigation of such an irregularity. For each action that is required, the procedures must identify, by category, the employees of the school district or charter school who are responsible for taking the action and for ensuring that the action is carried out successfully.

 

 
The procedures adopted pursuant to this subsection must be consistent, to the extent applicable, with the procedures adopted by the department pursuant to section 2 of this act.

    3.  A copy of each plan adopted pursuant to this section and the procedures set forth therein must be submitted on or before September 1 of each year to:

    (a) The state board; and

    (b) The legislative committee on education, created pursuant to NRS 218.5352.

    4.  On or before September 30 of each school year, the board of trustees of each school district and the governing body of each charter school shall

 

provide a written notice regarding the examinations to all teachers and educational personnel employed by the school district or governing body, all personnel employed by the school district or governing body who are involved in the administration of the examinations, all pupils who are required to take the examinations and all parents and legal guardians of such pupils. The written notice must be prepared in a format that is easily understood and must include, without limitation, a description of the:

    (a) Plan adopted pursuant to this section; and

    (b) Action that may be taken against personnel and pupils for violations of the plan or for other irregularities in testing administration or testing security.

    5.  As used in this section:

    (a) “Examination” means:

        (1) Achievement and proficiency examinations that are administered to pupils pursuant to NRS 389.015 or 389.550; and

        (2) Any other examinations which measure the achievement and proficiency of pupils and which are administered to pupils on a district-wide basis.

    (b) “Irregularity in testing administration” means the failure to administer an examination in the manner intended by the person or entity that created the examination.

    (c) “Irregularity in testing security” means an act or omission that tends to corrupt or impair the security of an examination, including, without limitation:

        (1) The failure to comply with security procedures adopted pursuant to section 2 or 4 of this act;

        (2) The disclosure of questions or answers to questions on an examination in a manner not otherwise approved by law; and

        (3) Other breaches in the security or confidentiality of the questions or answers to questions on an examination.

    Sec. 5. 1.  If a school official has reason to believe that a violation of the plan adopted pursuant to section 4 of this act may have occurred, the school official shall immediately report the incident to the board of trustees of the school district. If the board of trustees of a school district has reason to believe that a violation of the plan adopted pursuant to section 4 of this act may have occurred, the board of trustees shall:

    (a) If the violation is with respect to an examination administered pursuant to NRS 389.015 or 389.550, immediately report the incident to the department orally or in writing followed by a comprehensive written report within 14 school days after the incident occurred; and

    (b) Cause to be commenced an investigation of the incident. The board of trustees may carry out the requirements of this paragraph by:

        (1) Investigating the incident as it deems appropriate, including, without limitation, using the powers of subpoena set forth in this section.

        (2) With respect to an examination that is administered pursuant to NRS 389.015 or 389.550, requesting that the department investigate the incident pursuant to section 3 of this act.

 

 
The fact that a board of trustees elects initially to carry out its own investigation pursuant to subparagraph (1) of paragraph (b) does not affect the ability of the board of trustees to request, at any time, that the department investigate the incident as authorized pursuant to subparagraph (2) of paragraph (b).

    2.  Except as otherwise provided in this subsection, if the board of trustees of a school district proceeds in accordance with subparagraph (1) of paragraph (b) of subsection 1, the board of trustees may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects. A board of trustees shall not issue a subpoena to compel the attendance or testimony of a witness or the production of materials unless the attendance, testimony or production sought to be compelled is related directly to a violation or an alleged violation of the plan adopted pursuant to section 4 of this act.

    3.  If a witness refuses to attend, testify or produce materials as required by the subpoena, the board of trustees may report to the district court by petition, setting forth that:

    (a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;

    (b) The witness has been subpoenaed by the board of trustees pursuant to this section; and

    (c) The witness has failed or refused to attend, testify or produce materials before the board of trustees as required by the subpoena, or has refused to answer questions propounded to him,

 

 
and asking for an order of the court compelling the witness to attend, testify or produce materials before the board of trustees.

    4.  Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced materials before the board of trustees. A certified copy of the order must be served upon the witness.

    5.  If it appears to the court that the subpoena was regularly issued by the board of trustees, the court shall enter an order that the witness appear before the board of trustees at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.

 

 
    Sec. 5.1.  1.  Except as otherwise provided in subsection 6, if the department determines that:

    (a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during one school year on the examinations administered pursuant to NRS 389.015, including, without limitation, the high school proficiency examination; and

    (b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination,

 

 
the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015, excluding the high school proficiency examination. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.

    2.  If the department determines that:

    (a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during one school year on the examinations administered pursuant to NRS 389.550; and

    (b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550,

 

 
the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.550. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.

    3.  If the department determines that:

    (a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during one school year on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination; and

    (b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550,

 

 
the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.550. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.

    4.  Except as otherwise provided in subsection 6, if the department determines that:  

    (a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during one school year on the examinations administered pursuant to NRS 389.550; and

    (b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination,

 

 
the department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015, excluding the high school proficiency examination. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. The school district shall pay for all costs related to the administration of examinations pursuant to this subsection.

    5.  The department shall provide as many notices pursuant to this section during one school year as are applicable to the irregularities occurring at a school. A school shall provide for additional administrations of examinations pursuant to this section within one school year as applicable to the irregularities occurring at the school.

    6.  If a school is required to provide an additional administration of examinations pursuant to subsection 2 of NRS 385.368 for a school year, the school is not required to provide for an additional administration pursuant to subsection 1 or 4 in that school year. The department shall ensure that the information required pursuant to paragraph (b) of subsection 3 of section 5.9 of this act is included in its report for the additional administration provided by such a school pursuant to subsection 2 of NRS 385.368.

    Sec. 5.3.  1.  The department shall notify the principal of a school, including, without limitation, a charter school, or the board of trustees of a school district, as applicable, if the school or the school district is required to file a plan for corrective action based upon the objective criteria adopted by the department pursuant to paragraph (d) of subsection 2 of section 2 of this act. Upon receipt of such notice, the school or the school district, as applicable, shall file a plan for corrective action with the department within the time prescribed by the department. Such a plan must specify the time within which the corrective action will be taken. The school or the school district, as applicable, shall commence corrective action pursuant to the plan immediately after the date on which the plan is filed.

    2.  The department shall establish procedures to document and monitor whether appropriate corrective action is being taken and whether that action is achieving the desired result. Such documentation must be maintained and reported in accordance with section 5.9 of this act.

    3.  The department may require a school or a school district to amend its plan for corrective action if the department determines that such amendment is necessary to ensure the security of test materials and the consistency of testing administration in the school or school district, as applicable.

    Sec. 5.5. 1.  The department shall establish a statewide program for use by schools and school districts in their preparation for the examinations that are administered pursuant to NRS 389.015 and 389.550. The program must:

    (a) Be designed to ensure the consistency and uniformity of all materials and other information used in the preparation for the examinations;

    (b) Be designed to ensure that the actual examinations administered pursuant to NRS 389.015 and 389.550 are not included within the materials and other information used for preparation; and

    (c) Prescribe a maximum amount of time during the school year that may be used for the preparation of the examinations.

    2.  If a school, including, without limitation, a charter school, or a school district provides preparation for the examinations that are administered pursuant to NRS 389.015 or 389.550, the school or school district shall comply with the program adopted pursuant to subsection 1. Such a school or school district shall not use materials or information in addition to those prescribed by the department.

    Sec. 5.7. 1.  The department shall establish a program of education and training regarding the administration and security of the examinations administered pursuant to NRS 389.015 and 389.550.

    2.  The board of trustees of each school district and the governing body of each charter school shall ensure that:

    (a) All the teachers and other educational personnel who provide instruction to pupils enrolled in a grade level that is required to be tested pursuant to NRS 389.015 or 389.550, and all other personnel who are involved with the administration of the examinations that are administered pursuant to NRS 389.015 or 389.550, receive, on an annual basis, the education and training established by the department; and

    (b) The training and education is otherwise available for all personnel who are not required to receive the training and education pursuant to paragraph (a).

    Sec. 5.9. 1.  The department shall establish procedures for the uniform documentation and maintenance by the department of irregularities in testing administration and testing security reported to the department pursuant to section 5 of this act and investigations of such irregularities conducted by the department pursuant to section 3 of this act. The procedures must include, without limitation:

    (a) A method for assigning a unique identification number to each incident of irregularity; and

    (b) A method to ensure that the status of an irregularity is readily accessible by the department.

    2.  In accordance with the procedures established pursuant to subsection 1, the department shall prepare and maintain for each irregularity in testing administration and each irregularity in testing security, a written summary accompanying the report of the irregularity. The written summary must include, without limitation:

    (a) An evaluation of whether the procedures prescribed by the department pursuant to paragraph (c) of subsection 2 of section 2 of this act were followed in response to the irregularity;

    (b) The corrective action, if any, taken in response to the irregularity pursuant to section 5.3 of this act;

    (c) An evaluation of whether the corrective action achieved the desired result; and

    (d) The current status and the outcome, if any, of an investigation related to the irregularity.

    3.  The department shall prepare a written report that includes for each school year:

    (a) A summary of each irregularity in testing administration and testing security reported to the department pursuant to section 5 of this act and each investigation conducted pursuant to section 3 of this act.

    (b) A summary for each school that was required to provide additional administration of examinations pursuant to section 5.1 of this act. The summary must include, without limitation:

        (1) The identity of the school;

        (2) The type of additional examinations that were administered pursuant to section 5.1 of this act;

        (3) The date on which those examinations were administered;

        (4) A comparison of the results of pupils on the:

            (I) Examinations in which an irregularity occurred in the first school year described in section 5.1 of this act;

            (II) Examinations in which an additional irregularity occurred in the second school year described in section 5.1 of this act; and

            (III) Additional examinations administered pursuant to section 5.1 of this act.

    (c) Each written summary prepared by the department pursuant to subsection 2.

    (d) The current status of each irregularity that was reported for a preceding school year which had not been resolved at the time that the preceding report was filed.

    (e) The current status and the outcome, if any, of an investigation conducted by the department pursuant to section 3 of this act.

    (f) An analysis of the irregularities and recommendations, if any, to improve the security of the examinations and the consistency of testing administration.

    4.  On or before September 1 of each year, the department shall submit the report prepared pursuant to subsection 3 for the immediately preceding school year to the legislative committee on education created pursuant to NRS 218.5352 and the state board.”.

    Amend sec. 14, page 9, line 16, by deleting “reprimand” and inserting: “reprimand, letters of admonition”.

    Amend sec. 23, page 12, by deleting line 4 and inserting: “(r) Intentional failure to observe and carry out the requirements”.

    Amend sec. 24, page 12, by deleting line 35 and inserting: “9.  Intentional failure to observe and carry out the”.

    Amend the bill as a whole by adding new sections designated sections 25.3 and 25.7, following sec. 25, to read as follows:

    “Sec. 25.3. 1.  On or before October 1, 2001, the department of education shall establish procedures for the uniform documentation and maintenance of irregularities in testing administration and testing security pursuant to section 5.9 of this act for use commencing with the 2001-2002 school year.

    2.  The report required pursuant to subsection 4 of section 5.9 of this act must first be submitted on or before September 1, 2002.

    Sec. 25.7. On or before July 1, 2002, the department of education shall establish:

    1.  A statewide program for the preparation of examinations pursuant to section 5.5 of this act for use commencing with the 2002-2003 school year.

    2.  A program of education and training regarding the administration and security of examinations pursuant to section 5.7 of this act for use commencing with the 2002-2003 school year.”.

    Amend sec. 27, page 13, by deleting lines 8 and 9 and inserting:

    “3.  Sections 1 to 1.8, inclusive, 3, 5, 5.1, 5.3, 5.9 to 24, inclusive, 25.3, 25.7 and 26 of this act become effective on July 1, 2001.

    4.  Sections 5.5 and 5.7 of this act become effective on July 1, 2001, for the purpose of establishing programs in accordance with those sections and on July 1, 2002, for all other purposes.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to education; requiring the department of education and the board of trustees of each school district to adopt a plan setting forth procedures concerning the security of certain examinations; requiring the department to establish certain additional procedures and programs relating to the examinations; requiring certain schools to provide for additional administration of the examinations under certain circumstances; prohibiting retaliatory action against an official of a school district or charter school who discloses information regarding irregularities in testing administration or testing security; providing that a teacher or administrator who intentionally fails to observe and carry out the provisions of a plan for test security is subject to disciplinary action; providing a penalty; and providing other matters properly relating thereto.”.

    Assemblyman Williams moved the adoption of the amendment.


    Remarks by Assemblyman Williams.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 227.

    Bill read second time.

    The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:

    Amendment No. 318.

    Amend section 1, page 1, by deleting lines 2 through 12 and inserting:

    “294A.0055  1.  “Committee for political action” means [an organization which receives contributions, makes contributions to candidates or other persons or makes expenditures] any group of natural persons or entities that solicits or receives contributions from any other person, group or entity and:

    (a) Makes or intends to make contributions to candidates or other persons; or

    (b) Makes or intends to make expenditures,

 

 
designed to affect the outcome of any primary, general or special election or question on the ballot. [The term]

    2.  “Committee for political action” does not include [a] :

    (a) An organization made up of legislative members of a political party whose primary purpose is to provide support for their political efforts.

    (b) An entity solely because it provides goods or services to a candidate or committee in the regular course of its business at the same price that would be provided to the general public.

    (c) An individual natural person.

    (d) An individual corporation or other business entity who has filed articles of incorporation or other documentation of organization with the secretary of state pursuant to Title 7 of NRS.

    (e) A personal campaign committee or the personal representative of a candidate who receives contributions or makes expenditures that are reported as campaign contributions or expenditures by the candidate.

    (f) A committee for the recall of a public officer.”.

    Amend the bill as a whole by adding new sections designated sections 2 and 3, following section 1, to read as follows:

    “Sec. 2. NRS 294A.380 is hereby amended to read as follows:

    294A.380  1. The secretary of state may adopt and promulgate regulations, prescribe forms in accordance with the provisions of this chapter and take such other actions as are necessary for the implementation and effective administration of the provisions of this chapter.

    2.  For the purposes of implementing and administering the provisions of this chapter regulating committees for political action, the secretary of state shall, in determining whether an entity or group is a committee for political action:

    (a) Disregard a group’s or entity’s division or separation into units, sections or smaller groups if it appears such division or separation is for the purpose of avoiding the reporting requirements of this chapter.

    (b) Disregard any other action taken by a group or entity that would otherwise constitute a committee for political action if it appears such action is taken for the purpose of avoiding the reporting requirements of this chapter.

    Sec. 3. NRS 294A.420 is hereby amended to read as follows:

    294A.420  1.  If the secretary of state receives information that a person or entity that is subject to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280 or 294A.360 has not filed a report or form for registration pursuant to the applicable provisions of those sections, the secretary of state may, after giving notice to that person or entity, cause the appropriate proceedings to be instituted in the first judicial district court.

    2.  Except as otherwise provided in this section, a person or entity that violates an applicable provision of NRS 294A.112, 294A.120, 294A.130, 294A.140, 294A.150, 294A.160, 294A.170, 294A.180, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the secretary of state in the first judicial district court and deposited with the state treasurer for credit to the state general fund.

    3.  If a civil penalty is imposed because a person or entity has reported its contributions, expenses or expenditures after the date the report is due, the amount of the civil penalty is:

    (a) If the report is not more than 7 days late, $25 for each day the report is late.

    (b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.

    (c) If the report is more than 15 days late, $100 for each day the report is late.

    4.  For good cause shown, the secretary of state may waive a civil penalty that would otherwise be imposed pursuant to this section. If the secretary of state waives a civil penalty pursuant to this subsection, the secretary of state shall:

    (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

    (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.”.

    Amend the title of the bill, first line, after “action;” by inserting:

“providing a civil penalty for failure to register as a committee for political action;”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 246.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 214.

    Amend the bill as a whole by deleting sections 1 through 6 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

    “Section 1. NRS 482.385 is hereby amended to read as follows:

    482.385  1.  Except as otherwise provided in subsection 4 and NRS 482.390, a nonresident owner of a vehicle of a type subject to registration pursuant to the provisions of this chapter, owning any vehicle which has been registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration license plate issued for the vehicle in the place of residence of the owner, may operate or permit the operation of the vehicle within this state without its registration in this state pursuant to the provisions of this chapter and without the payment of any registration fees to this state.

    2.  This section does not:

    (a) Prohibit the use of manufacturers’, distributors’ or dealers’ license plates issued by any state or country by any nonresident in the operation of any vehicle on the public highways of this state.

    (b) Require registration of vehicles of a type subject to registration pursuant to the provisions of this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.

    (c) Require registration of a vehicle operated by a border state employee.

    3.  When a person, formerly a nonresident, becomes a resident of this state [,] as defined in this chapter and chapter 483 of NRS he shall [:

    (a) Within] , within 30 days after becoming a resident , [; or

    (b) At the time he obtains his driver’s license, whichever occurs earlier,] apply for the registration of [any vehicle which he owns and] each vehicle he owns which is operated in this state. The director shall adopt regulations for the enforcement of this subsection, including, without limitation, regulations to carry out the procedures set forth in subsection 2 of NRS 483.245.

    4.  Any resident operating [a motor vehicle] upon a highway of this state a motor vehicle which is owned by a nonresident and which is furnished to the resident operator for his continuous use within this state, shall cause that vehicle to be registered within 30 days after beginning its operation within this state.

    5.  A person registering a vehicle pursuant to the provisions of subsection 3, 4 or 6 of this section or pursuant to NRS 482.390 must be assessed the registration fees and governmental servicestax, as required by the provisions of this chapter and chapter 371 of NRS. He must not be allowed credit on those taxes and fees for the unused months of his previous registration.

    6.  If a vehicle is used in this state for a gainful purpose, the owner shall immediately apply to the department for registration, except as otherwise provided in NRS 482.390, 482.395 and 706.801 to 706.861, inclusive.

    7.  An owner registering a vehicle pursuant to the provisions of this section shall surrender the existing nonresident license plates and registration certificates to the department for cancellation.

    8.  A vehicle may be cited for a violation of this section regardless of whether it is in operation or is parked on a highway, in a public parking lot or on private property which is open to the public if, after communicating with the owner or operator of the vehicle, the peace officer issuing the citation determines that:

    (a) The owner of the vehicle is a resident of this state; or

    (b) The vehicle is used in this state for a gainful purpose.

    Sec. 2. NRS 483.245 is hereby amended to read as follows:

    483.245  1.  When a person , formerly a nonresident, becomes a resident of [Nevada] this state as defined in this chapter and chapter 482 of NRS he [must,] shall, within 30 days , after becoming a resident, obtain a Nevada driver’s license as a prerequisite to driving any motor vehicle in the State of Nevada.

    2.  With respect to a person described in subsection 1:

    (a) If the person has not yet complied with the provisions of subsection 3 of NRS 482.385 at the time the department issues a Nevada driver’s license to him, the department shall inform the person:

        (1) Of the requirements of subsection 3 of NRS 482.385; and

        (2) That he may at that time also apply for the registration of each vehicle he owns which is operated in this state; and

    (b) If the person has not yet complied with the provisions of subsection 3 of NRS 482.385 on the date that is 30 days after the date on which the department issued a Nevada driver’s license to him, the department shall:

        (1) Send written notice to the person informing him that he is in violation of the provisions of subsection 3 of NRS 482.385; and

        (2) Notify the appropriate law enforcement agency that the person is in violation of the provisions of subsection 3 of NRS 482.385.

    3.  Where a person who applies for a license has a valid driver’s license from a state which has requirements for issuance of drivers’ licenses comparable to those of the State of Nevada, the department may issue a Nevada license under the same terms and conditions applicable to a renewal of a license in this state.

    [3.] 4.  In carrying out the provisions of this chapter, the director is authorized to enter into reciprocal agreements with appropriate officials of other states concerning the licensing of drivers of motor vehicles.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to motor vehicles; revising the provisions governing the registration of motor vehicles by new residents of this state; and providing other matters properly relating thereto.”.

    Assemblywoman Chowning moved the adoption of the amendment.

    Remarks by Assemblywomen Chowning and Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 399.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 296.

    Amend section 1, page 1, by deleting lines 5 through 15 and inserting:

agency against any person who knowingly stages an emergency or makes or causes to be made a false report of such an emergency to a public agency that a felony or misdemeanor has been committed or that an emergency exists.”.

    Amend section 1, page 1, line 19, by deleting “shall” and inserting “may”.

    Amend section 1, page 2, by deleting lines 2 through 7 and inserting:

caused a false report of an emergency to be made if the person disseminated or caused to be disseminated information by any means of public communication that resulted in an emergency response by a public agency to the emergency.”.

    Amend section 1, page 2, by deleting lines 17 through 19.

    Amend section 1, page 2, line 20, by deleting “(c)” and inserting “(b)”.

    Amend sec. 2, page 2, line 25, by deleting “or disseminated”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 409.

    Bill read second time.

    The following amendment was proposed by the Committee on Education:

    Amendment No. 285.

    Amend sec. 2, page 3, line 36, by deleting “or deflation”.

    Amend sec. 2, page 3, line 40, by deleting:

inflation or deflation.” and inserting “inflation.”.

    Amend sec. 16, page 10, line 49, by deleting “$100,000” and inserting “$150,000”.

    Assemblyman Williams moved the adoption of the amendment.


    Remarks by Assemblyman Williams.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.

    Assembly Bill No. 413.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 405.

    Amend section 1, page 1, line 10, by deleting “operation or”.

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

“AN ACT relating to cooperative agreements; prohibiting the operation of an entity created by cooperative agreement between public agencies in such a manner as to affect adversely the”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions regarding cooperative agreements between public agencies. (BDR 22-1305)”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 422.

    Bill read second time.

    The following amendment was proposed by the Committee on Commerce and Labor:

    Amendment No. 335.

    Amend section 1, page 2, by deleting lines 6 through 36 and inserting:

    “2.  A certificate issued pursuant to this section expires 1 year after it is issued and may be renewed in accordance with regulations adopted by the commissioner.

    3.  Except as otherwise provided in subsection 6, before the commissioner may certify an external review organization, the external review organization must:

    (a) Demonstrate to the satisfaction of the commissioner that it is able to carry out, in a timely manner, the duties of an external review organization set forth in this section and sections 4 to 12, inclusive, of this act. The demonstration must include, without limitation, proof that the external review organization employs, contracts with or otherwise retains only persons who are qualified because of their education, training, professional licensing and experience to perform the duties assigned to those persons; and

    (b) Provide assurances satisfactory to the commissioner that the external review organization will:

        (1) Conduct its external review activities in accordance with the provisions of this section and sections 4 to 12, inclusive, of this act;

        (2) Provide its determinations in a clear, consistent, thorough and timely manner; and

        (3) Avoid conflicts of interest.

    4.  For the purposes of this section, an external review organization has a conflict of interest if the external review organization or any employee, agent or contractor of the external review organization who conducts an external review has a material professional, familial or financial interest in any person who has a substantial interest in the outcome of the external review, including, without limitation:

    (a) The insured;

    (b) The insurer or any officer, director or management employee of the insurer;

    (c) The provider of health care services that are provided or proposed to be provided, his partner or any other member of his medical group or practice;

    (d) The hospital or other licensed health care facility where the health care service or treatment that is subject to external review has been or will be provided; or

    (e) A developer, manufacturer or other person who has a substantial interest in the principal procedure, equipment, drug, device or other instrumentality that is the subject of the external review.

    5.  The commissioner shall not certify an external review organization that is affiliated with:

    (a) A health care plan; or

    (b) A national, state or local trade association.

    6.  An external review organization that is certified or accredited by an accrediting body that is nationally recognized shall be deemed to have satisfied all the conditions and qualifications required for certification pursuant to this section.”.

    Amend section 1, page 2, line 37, by deleting “6.” and inserting “7.”.

    Amend section 1, page 2, line 41, by deleting “7.” and inserting “8.”.

    Amend section 1, pages 2 and 3, by deleting lines 46 through 48 on page 2 and lines 1 through 4 on page 3, and inserting:

    “9.  As used in this section:

    (a) “External review organization” has the meaning ascribed to it in section 6 of this act.

    (b) “Final adverse determination” has the meaning ascribed to it in section 7 of this act.

    (c) “Provider of health care” means any physician or other person who is licensed, certified or otherwise authorized in this state or any other state to provide any health care service.”.

    Amend sec. 5, page 3, by deleting lines 20 through 23 and inserting:

    “1.  Engaged in the practice of medicine; and

    2.  Certified or is eligible for certification by the board of medical”.

    Amend sec. 7, page 3, by deleting lines 38 through 43 and inserting:

    “1.  Not medically necessary; or

    2.  Experimental or investigational.”.

    Amend the bill as a whole by deleting sec. 8 and adding a new section designated sec. 8, following sec. 7, to read as follows:

    “Sec. 8. “Medically necessary” means health care services or products that a prudent physician would provide to a patient to prevent, diagnose or treat an illness, injury or disease or any symptoms thereof that are:

    1.  Provided in accordance with generally accepted standards of medical practice;

    2.  Clinically appropriate with regard to type, frequency, extent, location and duration; and

    3.  Not primarily provided for the convenience of the patient, physician or other provider of health care.”.

    Amend sec. 9, page 4, line 6, by deleting “90” and inserting “60”.

    Amend sec. 9, page 4, by deleting lines 9 through 15 and inserting:

    “2.  Within 5 days after receiving a request pursuant to subsection 1, the managed care organization shall notify the insured, his authorized representative or his physician, the agent who performed utilization review for the managed care organization, if any, and the office for consumer health assistance that the request has been filed with the managed care organization.

    3.  Within 5 days after receiving a notification pursuant to subsection 2, the office for consumer health assistance shall:

    (a) Randomly select an external review organization to conduct an external review of the final adverse determination;

    (b) Notify the external review organization that it has been selected to conduct the external review; and

    (c) Notify the insured, his authorized representative or his physician, the agent who performed utilization review for the managed care organization, if any, and the managed care organization of the external review organization selected to conduct the external review.

    4.  Upon notification by the office for consumer health assistance of the external review organization selected pursuant to subsection 3, the managed care organization shall provide to the external review organization all documents and”.

    Amend sec. 9, page 4, line 18, by deleting “(1)” and inserting “(a)”.

    Amend sec. 9, page 4, line 20, by deleting “(2)” and inserting “(b)”.

    Amend sec. 9, page 4, line 22, by deleting “(3)” and inserting “(c)”.

    Amend sec. 9, page 4, line 24, by deleting “(4)” and inserting “(d)”.

    Amend sec. 9, page 4, line 25, by deleting “(5)” and inserting “(e)”.

    Amend sec. 10, page 4, by deleting lines 39 through 41 and inserting:

make that determination pursuant to this section. The external review organization shall submit a”.

    Amend sec. 10, pages 4 and 5, by deleting lines 48 and 49 on page 4 and lines 1 through 14 on page 5, and inserting:

    “3.  A managed care organization shall approve or deny a request for an external review of a final adverse determination in an expedited manner not later than 72 hours after it receives proof from the insured’s provider of health care that failure to proceed in an expedited manner may jeopardize the life or health of the insured.

    4.  In making a determination pursuant to this section, an external”.

    Amend sec. 11, page 5, by deleting lines 27 through 30 and inserting:

    “Sec. 11. 1.  The determination of an external review organization concerning an external review of a final adverse determination is final and binding upon the managed care organization.”.

    Amend sec. 15, page 7, line 3, by deleting “and” and inserting “[and]”.

    Amend sec. 15, page 7, by deleting lines 10 through 17 and inserting:

determination if the managed care organization receives proof from the insured’s provider of health care that failure to proceed in an expedited manner may jeopardize the life or health of the insured, including notification of the procedure for requesting the expedited external review; and

        (4) Receive assistance from any person, including an attorney, for an external review of a final adverse determination; and

    (d) The telephone number of the office for consumer health assistance.”.

    Amend sec. 16, page 8, by deleting lines 2 and 3 and inserting:

regulations adopted by the commissioner of insurance, contract with at least two external review organizations that are certified by the commissioner of”.

    Assemblywoman Buckley moved the adoption of the amendment.

    Remarks by Assemblywoman Buckley.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 443.

    Bill read second time.

    The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:

    Amendment No. 315.

    Amend section 1, page 1, line 2, by deleting:

“to 5, inclusive,” and inserting “and 3”.

    Amend sec. 2, pages 1 and 2, by deleting lines 5 through 17 on page 1 and lines 1 and 2 on page 2, and inserting:

subdivision of this state or an agency thereof, other than a building of a public elementary or secondary school, an area must be made available for the use of any person to gather signatures on a petition at any time that the building is open to the public. The area must be reasonable and may be inside or outside of the building. Each public officer or employee in control of the operation of a building governed by this subsection shall designate and approve the area required by this subsection for the building.

    2.  Before a person may use an area designated pursuant to subsection 1, the person must notify the public officer or employee in control of the operation of the building governed by subsection 1 of the dates and times that the person intends to use the area to gather signatures on a petition. The public officer or employee may not deny the person the use of the area.

    3.  A person aggrieved by a decision made by a public officer or employee pursuant to subsection 1 may appeal the decision to the secretary of state. The secretary of state shall review the decision to determine whether the public officer or employee designated a reasonable area as required by subsection 1.

    4.  The decision of the secretary of state is a final decision for the purposes of judicial review. The decision of the secretary of state may only be appealed in the first judicial district court.

    5.  The secretary of state may adopt regulations to carry out the provisions of subsection 3.”.

    Amend the bill as a whole by deleting sections 4 through 10 and renumbering sections 11 and 12 as sections 4 and 5.

    Amend sec. 12, page 8, by deleting lines 47 through 49 and inserting:

“percent of the registered voters of the [municipality who together with any corporate petitioners own not less than 2 percent in assessed value of the taxable property of the] municipality. Any member elected to the governing”.

    Amend sec. 12, page 9, by deleting lines 6 through 9 and inserting:

“of the close of registration for the last preceding general election . [and assessed values must be determined from the next preceding final assessment roll. An authorized corporate officer may sign such a petition whether or not he is a registered voter.] The resolution of intent need not be”.

    Amend the bill as a whole by deleting sec. 13.

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

“expending money to support or oppose candidates or ballots questions; extending the period for gathering signatures on certain petitions; and providing other matters properly relating”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 474.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 325.

    Amend the bill as a whole by deleting sections 1 through 3, renumbering sec. 4 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

    “Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

    The director shall:

    1.  Establish and maintain a toll-free telephone number for persons to report to the department information concerning alleged violations of subsection 3 of NRS 482.385.

    2.  Establish procedures pursuant to which employees of the department will receive information reported pursuant to subsection 1 and, based upon the information so received, determine the appropriate action to be taken in response to the information.”.

    Amend sec. 4, page 3, by deleting lines 5 and 6 and inserting:

pursuant to this subsection, the department shall notify the appropriate local law enforcement agency that the person is in violation of this subsection.”.

    Amend sec. 4, page 3, line 13, by deleting “privilege” and inserting “governmental services”.

    Amend sec. 4, page 3, by deleting lines 27 and 28 and inserting:

“with the owner or operator of the vehicle, the peace officer issuing the”.

    Amend the bill as a whole by deleting sections 5 through 11 and adding new sections designated sections 3 and 4, following sec. 4, to read as follows:

    “Sec. 3. 1.  There is hereby appropriated from the state highway fund to the department of motor vehicles and public safety the sum of $109,000 for the purchase of equipment to establish and maintain the toll-free telephone number pursuant to section 1 of this act and for the costs related to a multimedia advertising campaign to inform the public about the toll-free telephone number and its purpose.

    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 highway fund as soon as all payments of money committed have been made.

    Sec. 4. 1.  This section and sections 1 and 3 of this act become effective on July 1, 2001.

    2.  Section 2 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.

    Amend the title of the bill to read as follows:

“AN ACT relating to motor vehicles; requiring the director of the department of motor vehicles and public safety to establish a toll-free telephone number for the reporting of certain violations relating to the registration of a vehicle; requiring the department to notify the appropriate local law enforcement agency of violations; making an appropriation; and providing other matters properly relating thereto.”.

    Assemblywoman Chowning moved the adoption of the amendment.


    Remarks by Assemblywoman Chowning.

    Amendment adopted.

    Assemblywoman Chowning moved that upon return from the printer that Assembly Bill No. 474 be re-referred to the Committee on Ways and Means.

    Bill ordered reprinted, engrossed and to the Committee on Ways and Means.

    Assembly Bill No. 489.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 249.

    Amend section 1 by deleting lines 2 through 19 on page 1 and lines 1 through 23 on page 2, and inserting:

    “176.0913  1.  If a defendant is convicted of an offense listed in subsection 4, the court, at sentencing, shall order that:

    (a) The name, social security number, date of birth and any other information identifying the defendant be submitted to the central repository for Nevada records of criminal history; and

    (b) [Samples of blood] A biological specimen be obtained from the defendant pursuant to the provisions of this section and that the [samples] specimen be used for an analysis to determine the genetic markers of the [blood.] specimen.

    2.  If the defendant is committed to the custody of the department of prisons, the department of prisons shall arrange for the [samples of blood] biological specimen to be obtained from the defendant. The department of prisons shall provide the [samples of blood] specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917.

    3.  If the defendant is not committed to the custody of the department of prisons, the division shall arrange for the [samples of blood] biological specimen to be obtained from the defendant. The division shall provide the [samples of blood] specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917. Any cost that is incurred to obtain [the samples of blood from the] a biological specimen from a defendant pursuant to this subsection is a charge against the county in which the defendant was convicted and must be paid as provided in NRS 176.0915.

    4.  The provisions of subsection 1 apply to a defendant who is convicted of any felony or any of the following offenses:

    (a) A crime against a child as defined in NRS 179D.210.

    (b) A sexual offense as defined in NRS 179D.410.

    [(c) Murder, manslaughter or any other unlawful killing pursuant to NRS 200.010 to 200.260, inclusive.

    (d) Mayhem pursuant to NRS 200.280.

    (e) Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390.

    (f) Battery with intent to commit a crime pursuant to NRS 200.400.

    (g) Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm pursuant to NRS 200.481.

    (h)] (c) Abuse or neglect of an older person pursuant to NRS 200.509.

    [(i)] (d) A second or subsequent offense for stalking pursuant to NRS 200.575.

    [(j) Burglary pursuant to NRS 205.060.

    (k) Invasion of the home pursuant to NRS 205.067.

    (l)] (e) An attempt to commit an offense listed in this subsection [.] or to commit any felony.”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblymen Anderson and Price.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 499.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 536.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 194.

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

“appoint an executive assistant, a chief deputy, a deputy of commercial recordings, a deputy of elections and not more than two”.

    Amend section 1, page 1, line 6, by deleting “deputy” andinserting:

deputy, deputy of commercial recordings, deputy of elections”.

    Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:

    “Sec. 3.  The secretary of state shall not underfill, fail to fill or otherwise compromise a position of employment in the classified service of the state that exists in the office of the secretary of state on July 1, 2001, as a result of or for the purpose of creating a new position of deputy in the unclassified service of the state pursuant to the amendatory provisions of this act, during the fiscal years 2001-2002 and 2002-2003.”.

    Amend the title of the bill, second line, by deleting:

a chief deputy” and inserting “certain deputies”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.


    Assembly Bill No. 540.

    Bill read second time.

    The following amendment was proposed by the Committee on Commerce and Labor:

    Amendment No. 334.

    Amend the bill as a whole by deleting sections 5 through 8 and renumbering sections 9 through 26 as sections 5 through 22.

    Amend sec. 11, page 4, line 20, by deleting “10” and inserting “6”.

    Amend sec. 21, page 6, line 31, by deleting “20” and inserting “16”.

    Amend sec. 26, page 7, line 8, by deleting “25” and inserting “21”.

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

“regulation, taxation and other treatment as recreational vehicles; and”.

    Assemblyman Dini moved the adoption of the amendment.

    Remarks by Assemblyman Dini.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 548.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 554.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 403.

    Amend sec. 13, page 5, line 2, before “powers” by inserting “administrative”.

    Assemblyman Bache moved the adoption of the amendment.

    Remarks by Assemblyman Bache.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 581.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 280.

    Amend section 1, page 2, line 23, by deleting “and” and inserting “or”.

    Amend section 1, page 2, line 28, after “crime” by inserting “information”.

    Amend sec. 5, page 4, by deleting line 47 and inserting:

    “(a) Charge a fee for”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 638.

    Bill read second time.

    The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:

    Amendment No. 316.

    Amend section 1, page 1, line 2, by deleting:

“2, 3 and 4” and inserting:

“2 and 3”.

Amend sec. 2, page 1, line 3, by deleting: “Not later than 10 working” and inserting: “As soon as practicable, but in no case later than 21 calendar”.

    Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 through 22 as sections 4 through 21.

    Amend sec. 10, page 6, line 34, by deleting: “11 and 12” and inserting:

“10 and 11”.

    Amend sec. 11, page 6, line 35, by deleting: “Not later than 10 working” and inserting: “As soon as practicable, but in no case later than 21 calendar”.

    Amend sec. 22, page 14, by deleting line 22 and inserting: “concerning a candidate;”.

    Amend sec. 22, page 14, line 26, by deleting: “for public or judicial office”.

    Amend sec. 22, page 14, by deleting line 29 and inserting: “of the campaign of the candidate.”.

    Amend sec. 22, page 14, lines 42 and 43, by deleting: “for public or judicial office”.

    Amend sec. 22, page 15, line 3, by deleting “of” and inserting:

“of :

    (a)”.

    Amend sec. 22, page 15, between lines 6 and 7, by inserting:

    “(b) NRS 233B.135, the court shall conduct its review:

        (1) By trial de novo; and

        (2) With a jury, unless the person alleged to have violated the provisions of NRS 294A.345 or 294A.346 requests a review without a jury.”.

    Amend the bill as a whole by deleting sec. 23 and renumbering sections 24 through 27 as sections 22 through 25.

    Amend sec. 24, page 17, after line 46, by inserting:    “5.  A candidate for judicial office or a judicial officer shall file a statement of financial disclosure pursuant to the requirements of Canon 4I of the Nevada Code of Judicial Conduct. Such a statement of financial disclosure must include, without limitation, all information required to be included in a statement of financial disclosure pursuant to NRS 281.571.”.

    Amend the bill as a whole by adding a new section designated sec. 26, following sec. 27, to read as follows:

    “Sec. 26. The amendatory provisions of section 21 of this act do not apply to proceedings for judicial review initiated before October 1, 2001.”.

    Amend the title of the bill by deleting the fourth through tenth lines and inserting:

“certain methods of voting; clarifying the treatment of special absent ballots; revising the procedures for closing a polling place and counting ballots; revising the provisions governing voting by a new resident for President and Vice President; revising the provisions governing appeals from certain decisions of the commission on ethics; revising the requirement that a judicial officer and a candidate for judicial office”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 643.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 324.

    Amend section 1, page 1, line 13, by deleting “privilege” and inserting “governmental services”.

    Amend section 1, page 2, line 12, by deleting “privilege” and inserting “governmental services”.

    Amend sec. 2, page 3, line 9, by deleting “vehicle privilege” and inserting “governmental services”.

    Assemblywoman Chowning moved the adoption of the amendment.

    Remarks by Assemblywoman Chowning.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Joint Resolution No. 7.

    Bill read second time and ordered to third reading.

general file and third reading

    Assembly Bill No. 83.

    Bill read third time.

    Remarks by Assemblymen Nolan and Chowning.

    Conflict of interest declared by Assemblyman Nolan.

    Roll call on Assembly Bill No. 83:

    Yeas—38.

    Nays—None.

    Not Voting—Nolan.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 83 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.


    Assembly Bill No. 105.

    Bill read third time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 295.

        Amend sec. 3, page 2, by deleting lines 9 through 14 and inserting:

    “3.  This section does not prohibit a person from possessing any material, component, substance or device:

    (a) As required for the performance of his duties related to mining, agriculture, construction or any other valid occupational purpose or if the person is authorized by a governmental entity which has lawful control over such matters to use those items in the performance of his duties;

    (b) In an amount which, if detonated or otherwise exploded, would not ordinarily cause substantial bodily harm to another person or substantial harm to the property of another; or

    (c) As part of a model rocket or engine for a model rocket that is designed, sold and used for the purpose of propelling a model rocket.”.

    Amend sec. 4, page 2, by deleting lines 21 through 23 and inserting:

cause destruction or injury to life or property.”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

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

    Assembly Bill No. 135.

    Bill read third time.

    Remarks by Assemblyman Dini.

    Roll call on Assembly Bill No. 135:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 135 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 192.

    Bill read third time.

    Remarks by Assemblyman Gibbons.

    Roll call on Assembly Bill No. 192:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 192 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 205.

    Bill read third time.

    Remarks by Assemblyman Gibbons.

    Roll call on Assembly Bill No. 205:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 205 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

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

    Motion carried.

general file and third reading

    Assembly Bill No. 236.

    Bill read third time.

    Remarks by Assemblyman Arberry.

    Roll call on Assembly Bill No. 236:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 236 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 242.

    Bill read third time.

    Remarks by Assemblyman Chowning.

    Roll call on Assembly Bill No. 242:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 242 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 277.

    Bill read third time.

    Remarks by Assemblyman Collins.

    Roll call on Assembly Bill No. 277:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 277 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.


    Assembly Bill No. 320.

    Bill read third time.

    Remarks by Assemblymen Buckley and Brower.

    Conflict of interest declared by Assemblyman Brower.

    Roll call on Assembly Bill No. 320:

    Yeas—36.

    Nays—Beers.

    Not    Voting—Brower, Goldwater—2.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 320 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 363.

    Bill read third time.

    Remarks by Assemblyman Giunchigliani.

    Roll call on Assembly Bill No. 363:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 363 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 414.

    Bill read third time.

    Remarks by Assemblyman Bache.

    Roll call on Assembly Bill No. 414:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 414 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 553.

    Bill read third time.

    Remarks by Assemblyman Bache.

    Roll call on Assembly Bill No. 553:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 553 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 557.

    Bill read third time.

    Remarks by Assemblyman Lee.

    Roll call on Assembly Bill No. 557:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 557 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 570.

    Bill read third time.

    Remarks by Assemblyman Parnell.

    Roll call on Assembly Bill No. 570:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 570 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 580.

    Bill read third time.

    Remarks by Assemblyman Anderson.

    Roll call on Assembly Bill No. 580:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 580 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 607.

    Bill read third time.

    Remarks by Assemblyman Giunchigliani.

    Roll call on Assembly Bill No. 607:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 607 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 621.

    Bill read third time.

    Remarks by Assemblymen Hettrick and Chowning.

    Roll call on Assembly Bill No. 621:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 621 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 335.

    Bill read third time.

    Remarks by Assemblyman Hettrick.

    Roll call on Assembly Bill No. 335:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 335 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 134.

    Bill read third time.

    Remarks by Assemblyman Dini.

    Roll call on Assembly Bill No. 134:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 134 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 315.

    Bill read third time.

    Remarks by Assemblyman Anderson.

    Roll call on Assembly Bill No. 315:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 315 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 381.

    Bill read third time.

    Remarks by Assemblyman Giunchigliani.

    Roll call on Assembly Bill No. 381:

    Yeas—39.

    Nays—None.

    Excused—Berman, Oceguera, Parks—3.

    Assembly Bill No. 381 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 upon return from the printer Assembly Bill No. 554 be placed on the Chief Clerk’s desk.

    Motion carried.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

        On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to Laura Hill.

    On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Pierre Cerisier, Gerard Boyer, Helene Dominguez, Emmanuelle Garnier and Acacio Marques.

    On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Roy Boyle and Dorothy Boyle.

    On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Harvey Jacobsen.

    Assemblywoman Buckley moved that the Assembly adjourn until Wednesday, April 18, 2001 at 10:30 a.m.

    Motion carried.

    Assembly adjourned at 1:22 p.m.

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly