NEVADA LEGISLATURE

THE ONE HUNDRED AND NINTH DAY

Carson City (Thursday), May 24, 2001

Assembly called to order at 10:53 a.m.

Mr. Speaker pro Tempore presiding.

Roll called.

All present.

Prayer by the Chaplain, Dr. Marvin Dennis.

Lord, we realize many times the success of our future is related to how we communicate with You, our Creator and Lord. So, I pray that You will inspire each of us in our private prayers to include what we understand as “The Lord’s Prayer”: Our Father, who art in Heaven, Hallowed be Thy Name. Thy Kingdom come. Thy will be done in earth, as it is in Heaven. Give us this day our daily bread. And forgive us our debts, as we forgive our debtors. And lead us not into temptation, but deliver us from evil; for Thine is the kingdom, and the power and the glory, forever.

Amen.

Pledge of allegiance to the Flag.

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

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Constitutional Amendments, to which was referred Assembly Joint Resolution No. 9, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Bob Price, Chairman

Mr. Speaker:

Your Committee on Government Affairs, to which was referred Senate Bill No. 265, 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 Government Affairs, to which was referred Senate Bill No. 553, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Douglas A. Bache, Chairman

Mr. Speaker:

Your Committee on Health and Human Services, to which was referred Senate Bill No. 352, 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 Health and Human Services, to which was referred Senate Bill No. 377, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ellen M. Koivisto, Chairman

Mr. Speaker:

Your Committee on Judiciary, to which were referred Senate Bills Nos. 286, 551, 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 Ways and Means, to which was referred Assembly Bill No. 454, 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 Ways and Means, to which was re-referred Assembly Bill No. 554, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

REPORTS OF SElect COMMITTEES

Mr. Speaker:

Your Select Committee on Health and Legal Issues, to which was referred Assembly Bill No. 667, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ellen M. Koivisto, Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 23, 2001

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 237, 289, 291, 609, 659, 662.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 180, Amendment No. 659; Assembly Bill No. 501, Amendment No. 761, and respectfully requests your honorable body to concur in said amendments.

Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 402, 478, 570.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Chamber, Carson City, May 24, 2001

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 49.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Neighbors moved that Senate Bill No. 395 be taken from the Chief Clerk’s desk and placed on the General File.

Assemblyman Neighbors withdrew the motion that Senate Bill No. 395 be taken from the Chief Clerk’s desk and placed on the General File.

By the Committee on Elections, Procedures, and Ethics:

Assembly Concurrent Resolution No. 35—Providing for the compensation of the clergy for services rendered to the Assembly and the Senate during the 71st session of the Nevada Legislature.

Whereas, The members of the 71st session of the Nevada Legislature have been sincerely appreciative of the daily religious services rendered by members of the clergy representing various denominations; and

Whereas, The invocations offered by the clergy provided inspiration and guidance for the members of the Nevada Legislature as they faced the challenges and demands of the 71st session; and

Whereas, A reasonable compensation should be provided for the clergy who performed such services; now, therefore, be it

Resolved by the assembly of the State of Nevada, the Senate Concurring, That the State Controller is authorized and directed to pay the sum of $35 per service out of the legislative fund to the members of the clergy who have performed religious services for the Assembly and the Senate during the 71st session of the Nevada Legislature.

Assemblywoman Giunchigliani moved the adoption of the resolution.

Remarks by Assemblywoman Giunchigliani.

Resolution adopted unanimously.

Senate Concurrent Resolution No. 49.

Assemblyman Hettrick moved the adoption of the resolution.

Remarks by Assemblyman Hettrick.

Resolution adopted unanimously.

Assemblywoman Buckley moved that Assembly Bill No. 667; Assembly Joint Resolution No. 9; Senate Bills Nos. 265, 286, 352, 377, 551, 553; Assembly Bill No. 454 be placed on the Second Reading File.

Motion carried.

Assemblywoman Buckley moved that Assembly Bill No. 554 be placed on the General File.

Motion carried.

Assemblywoman Buckley moved that the reading of histories on all Bills and Resolutions on the Second Reading File and the General File be dispensed with for this legislative day.

Motion carried.

Assemblywoman Chowning moved that Senate Bill No. 257 be taken from the Chief Clerk’s desk and placed on the General File.

Remarks by Assemblywoman Chowning.

Motion carried.

Assemblywoman Giunchigliani moved that Assembly Bill No. 460 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

Assemblywoman Giunchigliani moved that Assembly Bill No. 122 be taken from the General File and placed on the Chief Clerk’s desk.

Motion carried.

Assemblywoman Giunchigliani moved that Assembly Bill No. 319 be taken from the General File and placed on the Chief Clerk’s desk.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 402.

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

Motion carried.

Senate Bill No. 478.

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

Motion carried.

Senate Bill No. 570.

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

Motion carried.

SECOND READING AND AMENDMENT

Assembly Joint Resolution No. 9.

Bill read second time and ordered to third reading.

Assembly Bill No. 667.

Bill read second time.

The following amendment was proposed by the Select Committee on Health and Legal Issues:

Amendment No. 1000.

Amend section 1, page 1, by deleting lines 3 through 7 and inserting:

“1. Except as otherwise provided in subsection 2, a cause of action:

(a) Against a manufacturer of:

(1) Silicone manufactured for injection into the body; or

(2) Breast implants containing silicone gel;

(b) Based upon personal injury or death caused by the effects of silicone injected or implanted into the body; and

(c) That was barred as of July 1, 2001, solely because the applicable period of limitation expired,

is hereby revived, and an action thereon may be commenced not later than July 1, 2002. A court”.

Amend section 1, page 1, line 10, by deleting “2003.” and inserting “2002.”.

Amend the title of the bill, second line, by deleting “gel injected” and inserting:

“injected or implanted”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revives for limited time certain causes of action based on effects of silicone injected or implanted into body. (BDR 2‑1559)”.

Assemblywoman Koivisto moved the adoption of the amendment.

Remarks by Assemblywoman Koivisto.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 265.

Bill read second time.

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

Amendment No. 918.

Amend section 1, page 1, line 12, by deleting:

“the city or county and”.

Amend section 1, page 1, line 13, by deleting “structure.” and inserting:

“structure and which is approved by the city or county as an appropriate site for the structure.”.

Amend section 1, page 1, line 15, by deleting “routinely maintaining” and inserting:

“engaging in routine maintenance of”.

Amend section 1, page 1, line 21, by deleting “allow or”.

Amend section 1, page 2, by deleting lines 3 and 4 and inserting:

“4. The requirements of subsection 1 do not apply to a nonconforming outdoor advertising structure that is:

(a) Required to be removed as a result of the”.

Amend section 1, page 2, line 8, by deleting “lease.” and inserting:

“lease; or

(b) Destroyed or damaged in excess of 50 percent of its material structural value as a result of a natural disaster, including, without limitation, a fire, flood, earthquake, windstorm, rainstorm and snowstorm.”.

Amend section 1, page 2, line 10, after “development” by inserting “or redevelopment”.

Amend section 1, page 2, line 14, after “heard.” by inserting:

“The requirements of subsection 1 do not apply if, after the public hearing required by this subsection, a city or county requires the removal of the nonconforming outdoor advertising structure.”.

Amend section 1, page 2, line 32, by deleting “allowed or”.

Amend section 1, page 2, line 38, after “(c)” by inserting:

““Material structural value” means the cost of labor and materials necessary to erect an outdoor advertising structure. The term does not include any revenue or expenses related to the lease of real property upon which the outdoor advertising structure is located.

(d)”.

Amend section 1, page 2, by deleting lines 45 through 49 and inserting:

“permit, variance, waiver, condition of zoning or other approval for the use of land if, when the special use permit, conditional use permit, variance, waiver, condition of zoning or other approval for the use of land was first approved, the special use permit, conditional use permit, variance, waiver, condition of zoning or other approval for the use of land was limited by a specific condition which allowed or required the governing body of the city or county to conduct a review of the structure.”.

Amend section 1, page 3, line 1, by deleting “(d)” and inserting “(e)”.

Amend section 1, page 3, between lines 5 and 6, by inserting:

“(f) “Routine maintenance” means normal repair and upkeep of the structural integrity and appearance of a nonconforming outdoor advertising structure. The term does not include any increase in the size or height of the structure or any addition or enhancement to the structure that increases the visual effect of the structure or increases the impact on the use of the land in the area around the structure.”.

Amend the title of the bill, second line, after “certain” by inserting:

“nonconforming outdoor advertising”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires city or county to pay just compensation or authorize alternative location for certain nonconforming outdoor advertising structures under certain circumstances. (BDR 22‑156)”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

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

Senate Bill No. 286.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 893.

Amend the bill as a whole by deleting sections 3 through 15 and renumbering sections 16 through 23 as sections 3 through 10.

Amend sec. 16, page 10, line 2, by deleting:

“17 to 22,” and inserting:

“4 to 9,”.

Amend sec. 17, page 10, line 3, by deleting:

“17 to 22,” and inserting:

“4 to 9,”.

Amend sec. 23, page 13, by deleting lines 9 through 12 and inserting:

“Sec. 10. NRS 176.0121, 176.0123, 176.0125 and 176.0127 are hereby repealed.”.

Amend the bill as a whole by deleting sections 24 and 25 and renumbering sec. 26 as sec. 11.

Amend the leadlines of repealed sections by deleting the leadlines of NRS 179D.700, 205A.010, 205A.020, 205A.030, 205A.040, 205A.050, 205A.060, 205A.070, 205A.080, 205A.090, 205A.100, 209.015, 209.4813 and 209.4814.

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

“justice; eliminating the advisory commission on sentencing and”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

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

Senate Bill No. 352.

Bill read second time.

The following amendment was proposed by the Committee on Health and Human Services:

Amendment No. 962.

Amend section 1, page 1, by deleting line 9 and inserting:

“(a) Private homes [;] , unless the food prepared or manufactured in the home is sold, or offered or displayed for sale or for compensation or contractual consideration of any kind;”.

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

“Sec. 2. NRS 446.030 is hereby amended to read as follows:

446.030 1. “Food handler” means any person employed in or operating a food establishment, whether that person is an employer, employee or [independent individual] other natural person, who handles, stores, transports, prepares, manufactures, serves or sells food, or who comes in contact with eating or cooking utensils or other equipment used in the handling, preparation, manufacture, service [,] or sale of food.

2. The term does not include a person who only handles, stores, transports, sells or otherwise comes in contact with food that is permanently sealed or packaged for sale directly to the consumer and who, if the food is potentially hazardous food, handles the food only occasionally or incidentally outside the normal and usual course and scope of his responsibilities or employment.

3. As used in this section, “potentially hazardous food” has the meaning ascribed to it in subpart 1-201 of the 1999 edition of the Food Code published by the Food and Drug Administration of the United States Department of Health and Human Services, unless the administrator of the health division of the department of human resources has adopted a later edition of the Food Code for this purpose.

Sec. 3. NRS 446.870 is hereby amended to read as follows:

446.870 1. Except as otherwise provided in [subsection 2,] this section, it is unlawful for any person to operate a food establishment unless he possesses a valid permit issued to him by the health authority.

2. The health authority may exempt a food establishment from the provisions of this chapter if the health authority determines that the food which is sold, offered or displayed for sale, or served at the establishment does not constitute a potential or actual hazard to the public health.

3. Food that is prepared in a private home and given away free of charge or consideration of any kind is exempt from the provisions of this chapter, unless it is given to a food establishment.

4. Except as otherwise provided in subsection 5, food that is prepared in a private home must not be sold, or offered or displayed for sale or for compensation or contractual consideration of any kind, unless the person preparing the food possesses a valid permit issued to him by the health authority for that purpose.

5. A religious, charitable or other nonprofit organization may, without possessing a permit from the health authority, sell food occasionally to raise money, whether or not the food was prepared in a private home, if the sale occurs on the premises of the organization. If the sale is to occur off the premises of the organization, a permit from the health authority is required unless an exemption is granted pursuant to subsection 2.”.

Amend the title of the bill to read as follows:

“AN ACT relating to food establishments; excluding certain persons under certain circumstances from regulation as food handlers; clarifying that food prepared in a private home and given away at no charge is not subject to regulation as a food establishment under certain circumstances; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions regarding regulation of food establishments. (BDR 40‑1489)”.

Assemblywoman Koivisto moved the adoption of the amendment.

Remarks by Assemblywoman Koivisto.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 377.

Bill read second time.

The following amendment was proposed by the Committee on Health and Human Services:

Amendment No. 970.

Amend section 1, page 1, by deleting line 15 and inserting:

“fiscal year; or”.

Amend section 1, page 2, line 14, after “3.” by inserting:

“The money transferred to the division of health care financing and policy pursuant to subsection 1 must not come from any source of funding that could result in any reduction in revenue to the state pursuant to 42 U.S.C. § 1396b(w).

4.”.

Amend section 1, page 2, line 19, by deleting “4.” and inserting “[4.] 5.”.

Amend sec. 3, page 3, by deleting lines 16 through 19 and inserting:

“(c) For a payment to each private hospital:

(1) Which provides acute care and is located in a county that has a public hospital; and

(2) Whose Medicaid utilization percentage is greater than 20 percent,

in an amount of not less than $150 for each Medicaid”.

Amend sec. 3, page 3, line 36, after “(a)” by inserting:

““Medicaid day” means a day in which medical care is provided to a Medicaid patient, including a patient who receives his Medicaid benefits through a health maintenance organization.

(b)”.

Amend sec. 3, page 3, by deleting lines 40 through 45.

Amend sec. 4, page 4, line 5, after “(2)” by inserting:

“Any private hospital in a county whose population is 50,000 or more but less than 100,000 that is qualified to receive a payment pursuant to paragraph (b) of subsection 2 of NRS 422.387, $4,000,000 or the amount of the uncompensated costs of the hospital as defined in the state plan for Medicaid, whichever is less, for the fiscal year 2001-2002 and for the fiscal year 2002-2003.

(3)”.

Amend sec. 4, page 4, line 6, by deleting “100,000” and inserting “50,000”.

Amend sec. 4, page 4, line 11, by deleting “(3)” and inserting “(4)”.

Amend sec. 4, page 4, line 24, by deleting “$1,500,000” and inserting “$3,000,000”.

Amend sec. 4, page 4, line 28, by deleting “$750,000” and inserting “$1,500,000”.

Amend sec. 4, page 4, between lines 30 and 31, by inserting:

“(4) If the payment was received pursuant to subparagraph (4) of that paragraph, $750,000 or 75 percent of the amount received by the hospital, whichever is less, for the fiscal year 2001-2002 and for the fiscal year 2002-2003.”.

Amend the bill as a whole by renumbering sections 5 through 7 as sections 6 through 8 and adding a new section designated sec. 5, following sec. 4, to read as follows:

“Sec. 5. 1. The board of county commissioners of a county within which is located only one private hospital or one group of affiliated hospitals and which makes a transfer of money pursuant to paragraph (b) of subsection 1 of NRS 422.382 may obtain the money for that transfer by imposing a tax on the revenue of those hospitals during the fiscal years 2001-2002 and 2002-2003 at a rate that does not exceed 6 percent of that revenue.

2. The proceeds of the tax imposed pursuant to this section are exempt from the limitations imposed by NRS 354.59811 and must be excluded in determining the allowed revenue from taxes ad valorem for the county.”.

Amend sec. 5, page 4, line 39, by deleting:

“department of human resources” and inserting:

“legislative committee on health care”.

Amend sec. 5, page 5, line 30, by deleting:

“department of human resources” and inserting:

“legislative committee on health care”.

Amend sec. 5, page 5, lines 33 and 34, by deleting “department” and inserting “committee”.

Amend sec. 5, page 5, by deleting lines 36 through 39.

Amend the title of the bill by deleting the fourth line and inserting:

“for the treatment of those patients; authorizing the imposition in certain counties of a temporary tax on the revenue of hospitals; requiring the legislative committee on health care”.

Assemblywoman Koivisto moved the adoption of the amendment.

Remarks by Assemblywoman Koivisto.

Amendment adopted.

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

Senate Bill No. 551.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 897.

Amend section 1, pages 1 and 2, by deleting lines 3 through 12 on page 1 and lines 1 through 3 on page 2.

Amend section 1, page 2, line 4, by deleting “2.” and inserting “1.”.

Amend section 1, page 2, line 5, by deleting “subsection 1” and inserting:

“18 U.S.C. § 2703, as that section existed on the effective date of this act,”.

Amend section 1, page 2, line 7, by deleting “3.” and inserting “2.”.

Amend section 1, page 2, by deleting lines 13 through 21 and inserting:

“cause to believe that an individual subscriber or customer of a provider of Internet service has committed an offense through the use of the services of the provider of Internet service that is punishable as a felony, issue a subpoena to carry out the procedure set forth in 18 U.S.C. § 2703, as that section existed on the effective date of this act, to compel the provider of Internet service to provide information concerning the individual subscriber or customer that the provider of Internet service is required to disclose pursuant to 18 U.S.C. § 2703, as that section existed on the effective date of this act.

3. If a person who has been issued a subpoena pursuant to subsection 2 refuses to produce any information that the subpoena requires, the person who issued the subpoena may apply to the district court for the judicial district in which the investigation is being carried out for the enforcement of the subpoena in the manner provided by law for the enforcement of a subpoena in a civil action.

4. As used in this section, “provider of Internet service” has the meaning ascribed to it in NRS 205.4758, but does not include a public library when it is engaged in providing access to the Internet.”.

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

“with or attempt to contact or communicate with a child who is less than 16 years of age and who is at least 5 years younger than the person with the intent to persuade, lure or transport the child away from”.

Amend sec. 5, page 5, line 30, by deleting “21” and inserting “18”.

Amend the bill as a whole by renumbering sections 28 and 29 as sections 29 and 30 and adding a new section designated sec. 28, following sec. 27, to read as follows:

“Sec. 28. Section 2 of Assembly Bill No. 400 of this session is hereby amended to read as follows:

Sec. 2. NRS 200.575 is hereby amended to read as follows:

200.575 1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated or harassed, and that actually causes the victim to feel terrorized, frightened, intimidated or harassed, commits the crime of stalking. Except where the provisions of subsection 2 or 3 are applicable, a person who commits the crime of stalking:

(a) For the first offense, is guilty of a misdemeanor.

(b) For any subsequent offense, is guilty of a gross misdemeanor.

2. A person who[:

(a) Commits] commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause him to be placed in reasonable fear of death or substantial bodily harm[;

(b) Commits the crime of stalking on his spouse while a proceeding for the dissolution of their marriage is pending for which he has actual or legal notice or within 6 months after entry of the final decree of dissolution; or

(c) Commits the crime of stalking on a person with whom he has a child in common while a proceeding for the custody of that child is pending for which he has actual or legal notice,] commits the crime of aggravated stalking.

[3. A person who commits the crime of stalking with the use of an Internet or network site or electronic mail or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130.

4.] A person who commits the crime of aggravated stalking shall be punished[:

(a) If he commits the crime set forth in paragraph (a) of subsection 2,] for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.

[(b) If he commits the crime set forth in paragraph (b) or (c) of subsection 2:

(1) For the first offense, for a gross misdemeanor.

(2) For the second and any subsequent offense, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $5,000.

5.] 3. A person who commits the crime of stalking with the use of an Internet or network site or electronic mail or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony as provided in NRS 193.130.

4. Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.

[6.] 5. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.

[7.] 6. As used in this section:

(a) “Course of conduct” means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person.

(b) “Internet or network site” means any identifiable site on the Internet or on a network. The term includes, without limitation:

(1) A website or other similar site on the World Wide Web;

(2) A site that is identifiable through a Uniform Resource Location;

(3) A site on a network that is owned, operated, administered or controlled by a provider of Internet service;

(4) An electronic bulletin board;

(5) A list server;

(6) A newsgroup; or

(7) A chat room.

(d) “Provider of Internet service” has the meaning ascribed to it in NRS 205.4748.

(e) “Without lawful authority” includes acts which are initiated or continued without the victim’s consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to:

(1) Picketing which occurs during a strike, work stoppage or any other labor dispute.

(2) The activities of a reporter, photographer, cameraman or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity.

(3) The activities of a person that are carried out in the normal course of his lawful employment.

(4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.”.

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

“AN ACT relating to crimes; requiring a provider of Internet service to provide access to certain information; authorizing certain persons to issue subpoenas to obtain such information; establishing a penalty for committing the crime of stalking with the use of the Internet or electronic mail; prohibiting the use or attempted use of a computer, network or system to lure children under certain circumstances and providing”.

Assemblyman Anderson moved the adoption of the amendment.

Remarks by Assemblyman Anderson.

Amendment adopted.

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

Senate Bill No. 553.

Bill read second time.

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

Amendment No. 917.

Amend sec. 10, page 2, line 45, after “inclusive,” by inserting:

“and sections 2 and 3of Senate Bill No. 123 of this [act,] session,”.

Amend sec. 11, page 3, line 16, by deleting “and contemplated”.

Amend sec. 11, page 3, lines 17 and 18, by deleting “and contemplated”.

Amend sec. 11, page 3, line 20, after “(b)” by inserting:

“A complete statement, in the detail and form established by the committee on local government finance, of general obligation debt and special elective taxes contemplated to be submitted to the commission during the fiscal year.

(c)”.

Amend sec. 11, page 3, lines 27 and 28, by deleting “ad valorem” and inserting “property”.

Amend sec. 11, page 3, lines 30 and 31, by deleting “ad valorem” and inserting “property”.

Amend sec. 11, page 3, line 40, by deleting “(c),” and inserting “(d),”.

Amend sec. 11, page 3, line 41, after “the” by inserting “property”.

Amend sec. 11, page 3, line 42, by deleting “(c)” and inserting “(d)”.

Amend sec. 11, page 3, line 43, by deleting “[3] 5” and inserting “5”.

Amend sec. 11, page 4, line 1, by deleting “(d)” and inserting “(e)”.

Amend sec. 11, page 4, line 7, by deleting “The” and inserting:

“Except as otherwise provided in subsection 4, the”.

Amend sec. 11, page 4, line 8, by deleting “annually.” and inserting:

“once each fiscal year.”.

Amend sec. 11, page 4, line 9, after “4” by inserting:

“In a county whose population is 100,000 or more, the governing body of each municipality shall update all statements and plans required by subsection 1 not less often than once each fiscal year and not more often than twice each fiscal year, except that a municipality may update a statement or plan required by subsection 1 more often than twice each fiscal year:

(a) If the governing body determines, by a two-thirds vote, that an emergency requires that a statement or plan be updated;

(b) To include an item related to:

(1) An installment purchase that does not count against a debt limit; or

(2) An obligation for which no additional property tax is expected;

(d) To comply with the requirements of subsection 5 of NRS 268.625 or subsection 1 of NRS 350.091.

5.”.

Amend sec. 12, page 4, line 44, by deleting “or”.

Amend sec. 12, page 4, line 46, by deleting “ad valorem” and inserting “property”.

Amend sec. 12, page 5, lines 3 and 5, by deleting “ad valorem” and inserting “property”.

Amend sec. 12, page 5, line 11, after “agreement” by inserting:

“which complies with NRS 361.457 and which is”.

Amend sec. 12, page 5, by deleting lines 14 through 18 and inserting:

“the statutory limitation or unless the commission adopts a plan that is approved by the executive director of the department of taxation pursuant to which the combined property tax rate will be in compliance with the statutory limitation; or

(c) If, based upon the factors listed in subparagraphs (1) to (4), inclusive, of paragraph (b), the proposal will affect the ability of an affected governmental entity to levy the maximum amount of property taxes that it may levy pursuant to NRS 354.59811, unless:

(1) The proposal includes a resolution approving the proposal pursuant to subsection 3 of section 3 of Senate Bill No. 123 of this [act] session from each affected governmental entity whose ability to levy property taxes will be affected by the commission’s approval of the proposal; or

(2) The commission has resolved all conflicts between the municipality and all affected governmental entities and has approved the increase in property taxes resulting from the proposal pursuant to section 3 of Senate Bill No. 123 of this [act.] session.

5. Except as otherwise provided in subsection 6, ifgeneral obligation debt is to be incurred more than 36 months”.

Amend sec. 12, page 5, between lines 44 and 45, by inserting:

“6. The executive director of the department of taxation may not approve a proposal pursuant to subsection 5 which, based upon the factors listed in subparagraphs (1) to (4), inclusive, of paragraph (b) of subsection 4, will affect the ability of an affected governmental entity to levy the maximum amount of property taxes that it may levy pursuant to NRS 354.59811, unless:

(a) The proposal includes a resolution approving the proposal pursuant to subsection 3 of section 3 of Senate Bill No. 123 of this [act] session from each affected governmental entity whose ability to levy property taxes will be affected by the commission’s approval of the proposal; or

(b) The commission has resolved all conflicts between the municipality and all affected governmental entities and has approved the increase in property taxes resulting from the proposal pursuant to section 3 of Senate Bill No. 123 of this [act.] session.”.

Amend sec. 12, page 5, line 45, by deleting “[6” and inserting “7. [”.

Amend sec. 12, page 5, line 47, by deleting “commission.]” and inserting “commission.”.

Amend sec. 12, page 5, after line 47 by inserting:

“8.] As used in this section, “affected governmental entity” has the meaning ascribed to it in subsection 9 of section 3 of Senate Bill No. 123 of this [act.] session.”.

Amend sec. 13, page 6, line 31, after “3.” by inserting:

“If the proposal is from a municipality, the commission may not approve any portion of the proposal that is not included in the statement filed pursuant to paragraph (b) of subsection 1 of NRS 350.0035, as updated pursuant to subsection 3 or 4 of NRS 350.0035.

4.”.

Amend sec. 14, page 6, line 36, by deleting “approve” and inserting:

“approve, conditionally or provisionally approve,”.

Amend sec. 14, page 6, line 39, by deleting “(d),” and inserting:

“(d) and section 3 of Senate Bill No. 123 of this [act,] session,”.

Amend sec. 14, page 7, lines 12 and 13, by deleting “90 percent” and inserting:

“the specified percentage, pursuant to subsection 1 of section 2 of Senate Bill No. 123 of this [act,] session,”.

Amend sec. 14, page 7, line 15, by deleting “levy;” and inserting:

“levy in accordance with the priorities established pursuant to subsection 2 of section 2 of Senate Bill No. 123 of this [act;] session;”.

Amend sec. 14, page 7, line 18, by deleting “paragraph (a)” and inserting:

“paragraphs (a) and (b)”.

Amend sec. 23, page 13, line 21, by deleting “[,]”.

Amend sec. 23, page 13, line 29, after “article;” by inserting “or”.

Amend sec. 23, page 13, by deleting lines 30 through 38.

Amend sec. 23, page 13, line 39, by deleting “(b)” and inserting “(b)”.

Amend sec. 23, page 14, line 31, by deleting “[or]”.

Amend sec. 23, page 14, by deleting lines 34 and 35 and inserting:

“in proceeds; or

(n) A transfer by a government or governmental unit.”.

Amend sec. 37, page 18, line 24, after “543.600,” by inserting:

“and section 4 of Senate Bill No. 203 of this [act,] session,”.

Amend sec. 39, page 20, line 13, after “(a)” by inserting:

““Building permit” means the official document or certificate issued by the building officer of a local government which authorizes the construction of a structure.

(b)”.

Amend sec. 39, page 20, by deleting lines 15 through 17.

Amend sec. 39, page 20, between lines 24 and 25, by inserting:

“(d) “Current asset” means any cash maintained in an enterprise fund and any interest or other income earned on the money in the enterprise fund that, at the end of the current fiscal year, is anticipated by a local government to be consumed or converted into cash during the next ensuing fiscal year.

(e) “Current liability” means any debt incurred by a local government to provide the services associated with issuing building permits that, at the end of the current fiscal year, is determined by the local government to require payment within the next ensuing fiscal year.

(f) “Operating cost” means the amount paid by a local government for supplies, services, salaries, wages and employee benefits to provide the services associated with issuing building permits.

(g) “Working capital” means the excess of current assets over current liabilities, as determined by the local government at the end of the current fiscal year.”.

Amend sec. 39, page 20, lines 46 and 47, by deleting:

“fees for building permits;” and inserting:

“building permit fees;”.

Amend sec. 39, page 20, line 49, by deleting “and”.

Amend sec. 39, page 21, line 1, after “(c)” by inserting:

“Except as otherwise provided in subsection 5, the local government maintains a balance of unreserved working capital in the enterprise fund that does not exceed an amount equal to 9 months’ operating costs for the program for the issuance of building permits of the local government; and

(d)”.

Amend sec. 39, page 21, between lines 8 and 9, by inserting:

“5. In addition to the balance of unreserved working capital authorized pursuant to subsection 4, the local government may maintain in an enterprise fund created pursuant to this section an amount of working capital for the following purposes:

(a) An amount sufficient to pay the debt service for 1 year on any debt incurred by the local government to provide the services associated with issuing building permits;

(b) An amount that does not exceed the total amount of expenditures for the program for the issuance of building permits of the local government set forth in the capital improvement plan of the local government prepared pursuant to NRS 354.5945 for the current fiscal year; and

(c) An amount that does not exceed 4 percent of the annual operating costs of the program for the issuance of building permits of the local government which must be used to pay for unanticipated capital replacement.

6. Any amount in an enterprise fund created pursuant to this section that is designated for special use, including, without limitation, prepaid fees and any other amount subject to a contractual agreement, must be identified as a restricted asset and must not be included as a current asset in the calculation of working capital.

7. If a balance in excess of the amount authorized pursuant to subsections 4 and 5 is maintained in an enterprise fund created pursuant to this section at the close of 2 consecutive fiscal years, the local government shall reduce the building permit fees it charges by an amount that is sufficient to ensure that the balance in the enterprise fund at the close of the fiscal year next following those 2 consecutive fiscal years does not exceed the amount authorized pursuant to subsections 4 and 5.”.

Amend sec. 45, page 25, line 16, by deleting:

“section and in” and inserting “section,”.

Amend sec. 45, page 25, line 17, by deleting “354.750,” and inserting:

“354.750 and section 1 of Assembly Bill No. 96 of this [act,] session,”.

Amend sec. 45, page 25, line 41, after “(g)” by inserting:

“Nonnegotiable certificates of deposit issued by insured commercial banks, insured credit unions or insured savings and loan associations, except certificates that are not within the limits of insurance provided by an instrumentality of the United States, unless those certificates are collateralized in the same manner as is required for uninsured deposits by a county treasurer pursuant to NRS 356.133. For the purposes of this paragraph, any reference in NRS 356.133 to a “county treasurer” or “board of county commissioners” shall be deemed to refer to the appropriate financial officer or governing body of the county, school district or city purchasing the certificates.

(h)”.

Amend sec. 45, page 25, line 45, by deleting “(h)” and inserting “(i)”.

Amend sec. 45, page 26, line 3, by deleting “(i)” and inserting “(j)”.

Amend sec. 45, page 26, line 8, by deleting “(j)” and inserting “(k)”.

Amend sec. 45, page 26, line 21, by deleting “(k)” and inserting “(l)”.

Amend sec. 45, page 26, by deleting lines 25 through 27 and inserting:

“(3) Invest only in:

(I) Securities issued by the Federal Government or agencies of the Federal Government;

(II) Master notes, bank notes or other short-term commercial paper rated by a nationally recognized rating service as “A-1,” “P-1” or its equivalent, or better, issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States; or

(III) Repurchase agreements that are fully collateralized by the obligations described in sub-subparagraphs (I) and (II).”.

Amend the bill as a whole by adding a new section designated sec. 59.5, following sec. 59, to read as follows:

“Sec. 59.5. A board of trustees of a county school district that issues general obligations on or after the effective date of this act for purchases of necessary furniture and equipment for schools pursuant to paragraph (e) of subsection 1 of NRS 387.335, as amended by section 48 of this act, shall submit to the director of the legislative counsel bureau for transmission to the legislative commission on or before February 1, 2003, a report which itemizes those purchases made through December 31, 2002.”.

Amend sec. 60, page 37, by deleting lines 25 through 30 and inserting:

“Sec. 60. 1. This section, sections 48 and 59.5 of this act become effective upon passage and approval.

2. Sections 1 to 22, inclusive, 24 to 36, inclusive, 38, 40 to 43, inclusive, 46, 47 and 49 to 59, inclusive, of this act become effective on July 1, 2001.

3. Sections 37, 39, 44 and 45 of this act become effective at 12:01 a.m. on July 1, 2001.

4. Section 23 of this act becomes effective at 12:02 a.m. on July 1, 2001.

5. Section 48 of this act expires by limitation on July 1, 2003.”.

Assemblyman Bache moved the adoption of the amendment.

Remarks by Assemblyman Bache.

Amendment adopted.

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

Assembly Bill No. 454.

Bill read second time.

The following amendment was proposed by the Committee on Ways and Means:

Amendment No. 1002.

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

“Section 1. 1. The Board of Regents of the University of Nevada shall appoint a committee to conduct a study of the organizational structure of any community college within the University and Community College System of Nevada that has an enrollment of more than 20,000 students.

2. The committee appointed pursuant to subsection 1 must consist of members of the Board of Regents, members of each community in which the campus of each such community college is located, and any other persons deemed appropriate for membership by the Board of Regents.

3. The committee shall:

(a) Review the administrative structure of each such community college; and

(b) Determine whether the administrative structure allows each campus of the community college to operate at maximum effectiveness and whether the needs of each campus for executive leadership are being met.

4. The Board of Regents shall, not later than January 1, 2003, submit a report of the findings of the committee, including any recommended legislation, to the Director of the Legislative Counsel Bureau for transmittal to the 72nd session of the Nevada Legislature.

Sec. 2. This act becomes effective on July 1, 2001.”.

Amend the title of the bill to read as follows:

“AN ACT relating to the University and Community College System of Nevada; requiring the Board of Regents of the University of Nevada to appoint a committee to study the organizational structure of certain community colleges; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Requires Board of Regents of University of Nevada to appoint committee to study organizational structure of certain community colleges. (BDR S‑69)”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

INTRODUCTION, FIRST READING AND REFERENCE

By Assemblymen Hettrick, Lee, Cegavske, Gibbons, Brower, Anderson, Angle, Arberry, Beers, Brown, Buckley, Carpenter, Collins, Dini, Freeman, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Leslie, Manendo, Marvel, McClain, Nolan, Parnell, Perkins, Smith, Tiffany and Von Tobel (emergency request of Hettrick):

Assembly Bill No. 668—AN ACT relating to taxation; limiting the annual increase in the taxable value of certain property for the assessment of property taxes in cases of severe economic hardship; and providing other matters properly relating thereto.

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

Motion carried.

general file and third reading

Assembly Bill No. 235.

Bill read third time.

Remarks by Assemblyman Arberry.

Roll call on Assembly Bill No. 235:

Yeas—42.

Nays—None.

Assembly Bill No. 235 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 273.

Bill read third time.

Remarks by Assemblyman Marvel.

Roll call on Assembly Bill No. 273:

Yeas—42.

Nays—None.

Assembly Bill No. 273 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 297.

Bill read third time.

Remarks by Assemblyman Anderson.

Roll call on Assembly Bill No. 297:

Yeas—42.

Nays—None.

Assembly Bill No. 297 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assembly Bill No. 448.

Bill read third time.

Roll call on Assembly Bill No. 448:

Yeas—42.

Nays—None.

Assembly Bill No. 448 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 83.

Bill read third time.

Remarks by Assemblyman Brower.

Roll call on Senate Bill No. 83:

Yeas—42.

Nays—None.

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

Bill ordered transmitted to the Senate.

Senate Bill No. 112.

Bill read third time.

Remarks by Assemblyman McClain.

Roll call on Senate Bill No. 112:

Yeas—42.

Nays—None.

Senate Bill No. 112 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 113.

Bill read third time.

Remarks by Assemblyman Perkins.

Roll call on Senate Bill No. 113:

Yeas—42.

Nays—None.

Senate Bill No. 113 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 115.

Bill read third time.

Remarks by Assemblyman Parnell.

Roll call on Senate Bill No. 115:

Yeas—42.

Nays—None.

Senate Bill No. 115 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 116.

Bill read third time.

Remarks by Assemblyman Koivisto.

Roll call on Senate Bill No. 116:

Yeas—42.

Nays—None.

Senate Bill No. 116 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Goldwater moved that Senate Bill No. 122 be taken from the General File and placed on the Chief Clerk's desk.

Remarks by Assemblyman Goldwater.

Motion carried.

general file and third reading

Senate Bill No. 171.

Bill read third time.

Remarks by Assemblymen Manendo, Anderson, Collins and Gibbons.

Roll call on Senate Bill No. 171:

Yeas—36.

Nays—Anderson, Freeman, Koivisto, McClain, Oceguera—5.

Not Voting—Brower.

Senate Bill No. 171 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Assemblywoman Buckley moved that the Assembly recess until 2:00 p.m.

Motion carried.

Assembly in recess at 12:00 p.m.

ASSEMBLY IN SESSION

At 2:45 p.m.

Mr. Speaker pro Tempore presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Koivisto moved that all rules be suspended and that Assembly Bill No. 667 be declared an emergency measure under the Constitution and placed at the top of third reading and final passage.

Motion carried unanimously.

Assemblywoman Koivisto moved that upon return from the printer Senate Bill No. 377 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblywoman Koivisto.

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Commerce and Labor, to which was referred Senate Bill No. 99, 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 Senate Bill No. 133, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Joseph E. Dini, Jr., Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Anderson moved that Senate Bill No. 516 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Anderson.

Motion carried.

Assemblywoman Buckley moved that Senate Bills Nos. 99, 133 be placed on the Second Reading File.

Motion carried.

Assemblyman Dini moved that Senate Bill No. 65 be taken from the Chief Clerk’s desk and placed on the General File.

Remarks by Assemblyman Dini.

Motion carried.

Assemblyman Anderson moved that the action whereby Senate Bill No. 516 was placed on the Chief Clerk’s desk be rescinded.

Remarks by Assemblyman Anderson.

Motion carried.

Assemblyman Anderson moved that Senate Bill No. 261 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Anderson.

Motion carried.

Assemblyman Bache moved that Senate Bill No. 125 be taken from the Chief Clerk’s desk and placed on the General File.

Remarks by Assemblyman Bache.

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

By the Committee on Government Affairs:

Assembly Concurrent Resolution No. 36—Directing the Legislative Commission to conduct an interim study of the Public Employees’ Benefits Program.

Assemblyman Bache moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 99.

Bill read second time.

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

Amendment No. 996.

Amend sec. 1.5, page 2, by deleting lines 36 and 37 and inserting:

“6. An administrator shall not require a provider of health care to waive the payment of interest provided for in this section for the late payment of an approved claim.”.

Amend sec. 3, page 3, by deleting lines 38 and 39 and inserting:

“6. An insurer shall not require a provider of health care to waive the payment of interest provided for in this section for the late payment of an approved claim.”.

Amend sec. 5, page 4, by deleting lines 42 and 43 and inserting:

“6. An insurer shall not require a provider of health care to waive the payment of interest provided for in this section for the late payment of an approved claim.”.

Amend sec. 7, page 5, by deleting lines 48 and 49 and inserting:

“6. A carrier shall not require a provider of health care to waive the payment of interest provided for in this section for the late payment of an approved claim.”.

Amend sec. 10, page 7, by deleting lines 10 and 11 and inserting:

“6. A corporation shall not require a provider of health care to waive the payment of interest provided for in this section for the late payment of an approved claim.”.

Amend the bill as a whole by renumbering sec. 11 as sec. 11.3, and adding a new section designated sec. 11, following sec. 10, to read as follows:

“Sec. 11. Chapter 695C of NRS is hereby amended by adding thereto the provisions set forth as sections 11.3 and 11.7 of this act.”.

Amend sec. 11, page 7, by deleting lines 21 through 23 and inserting:

“Sec. 11.3. 1. A health maintenance organization shall not:”.

Amend sec. 11, page 7, line 33, by deleting:

“the effective date of this act” and inserting:

“October 1, 2001,”.

Amend the bill as a whole by adding a new section designated sec. 11.7, following sec. 11, to read as follows:

“Sec. 11.7. Any contract or other agreement entered into or renewed by a health maintenance organization on or after October 1, 2001:

1. To provide health care services through managed care to recipients of Medicaid under the state plan for Medicaid; or

2. With the division of health care financing and policy of the department of human resources to provide insurance pursuant to the children’s health insurance program,

must require the health maintenance organization to pay interest to a provider of health care services on a claim that is not paid within the time provided in the contract or agreement at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid. ”.

Amend sec. 12, page 8, by deleting lines 4 and 5 and inserting:

“4. The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, [and] sections 19 and 20 of [this act,] Senate Bill No. 2 of this session, section 11.3 of this act and NRS695C.250 and 695C.265 do not apply to”.

Amend sec. 15, page 9, by deleting lines 20 and 21 and inserting:

“6. A health maintenance organization shall not require a provider of health care services to waive the payment of interest provided for in this section for the late payment of an approved claim.”.

Amend sec. 18, page 10, by deleting lines 44 and 45 and inserting:

“6. An insurer shall not require a provider of health care to waive the payment of interest provided for in this section for the late payment of an approved claim.”.

Amend sec. 20, page 11, by deleting lines 43 through 45 and inserting:

“2. [If] Except as otherwise provided in this subsection, if an insurer unreasonably delays or refuses to pay the claim within 30 days after the insurer has been notified of”.

Amend sec. 20, page 12, line 2, after “NRS.” by inserting:

“The provisions of this section do not apply to the payment of a bill for accident benefits that is governed by the provisions of section 18 of this act.”.

Amend the bill as a whole by renumbering sec. 22 as sec. 24 and adding new sections designated sections 22 and 23, following sec. 21, to read as follows:

“Sec. 22. NRS 616C.220 is hereby amended to read as follows:

616C.220 1. The division shall designate one:

(a) Third-party administrator who has a valid certificate issued by the commissioner pursuant to NRS 683A.085; or

(b) Insurer, other than a self-insured employer or association of self-insured public or private employers,

to administer claims against the uninsured employers’ claim fund. The designation must be made pursuant to reasonable competitive bidding procedures established by the administrator.

2. An employee may receive compensation from the uninsured employers’ claim fund if:

(a) He was hired in this state or he is regularly employed in this state;

(b) He suffers an accident or injury [in this state] which arises out of and in the course of his employment;

(d) He makes an irrevocable assignment to the division of a right to be subrogated to the rights of the injured employee pursuant to NRS 616C.215.

3. If the division receives a claim pursuant to subsection 2, the division shall immediately notify the employer of the claim.

4. For the purposes of this section, the employer has the burden of proving that he provided mandatory industrial insurance coverage for the employee or that he was not required to maintain industrial insurance for the employee.

5. Any employer who has failed to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS is liable for all payments made on his behalf, including any benefits, administrative costs or attorney’s fees paid from the uninsured employers’ claim fund or incurred by the division.

6. The division:

(a) May recover from the employer the payments made by the division that are described in subsection 5 and any accrued interest by bringing a civil action in district court.

(b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the employee’s injury.

(d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.

7. The division shall:

(a) Determine whether the employer was insured within 30 days after receiving notice of the claim from the employee.

(b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation.

Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the division of its determination.

8. Upon demonstration of the:

(a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or

(b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim,

the division shall authorize payment from the uninsured employers’ claim fund.

9. Any party aggrieved by a determination regarding the administration of an assigned claim or a determination made by the division or by the designated third-party administrator or insurer regarding any claim made pursuant to this section may appeal that determination within 60 days after the determination is rendered to the hearings division of the department of administration in the manner provided by NRS 616C.305 and 616C.315 to 616C.385, inclusive.

10. All insurers shall bear a proportionate amount of a claim made pursuant to chapters 616A to 616D, inclusive, of NRS, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.

11. An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers’ claim fund. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.

12. Attorney’s fees recoverable by the division pursuant to this section must be:

(a) If a private attorney is retained by the division, paid at the usual and customary rate for that attorney.

(b) If the attorney is an employee of the division, paid at the rate established by regulations adopted by the division.

Any money collected must be deposited to the uninsured employers’ claim fund.

13. In addition to any other liabilities provided for in this section, the administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS.

Sec. 23. NRS 617.401 is hereby amended to read as follows:

617.401 1. The division shall designate one:

(a) Third-party administrator who has a valid certificate issued by the commissioner pursuant to NRS 683A.085; or

2. An employee may receive compensation from the uninsured employers’ claim fund if:

(a) He was hired in this state or he is regularly employed in this state;

(b) He contracts an occupational disease [as a result of work performed in this state;] that arose out of and in the course of employment;

(d) He makes an irrevocable assignment to the division of a right to be subrogated to the rights of the employee pursuant to NRS 616C.215.

3. If the division receives a claim pursuant to subsection 2, the division shall immediately notify the employer of the claim.

4. For the purposes of this section, the employer has the burden of proving that he provided mandatory coverage for occupational diseases for the employee or that he was not required to maintain industrial insurance for the employee.

5. Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on his behalf, including, but not limited to, any benefits, administrative costs or attorney’s fees paid from the uninsured employers’ claim fund or incurred by the division.

6. The division:

(a) May recover from the employer the payments made by the division that are described in subsection 5 and any accrued interest by bringing a civil action in district court.

(b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the occupational disease.

(d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.

7. The division shall:

(a) Determine whether the employer was insured within 30 days after receiving the claim from the employee.

(b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation.

Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the division of its determination.

8. Upon demonstration of the:

(a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or

the division shall authorize payment from the uninsured employers’ claim fund.

10. All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.

12. Attorney’s fees recoverable by the division pursuant to this section must be:

(a) If a private attorney is retained by the division, paid at the usual and customary rate for that attorney.

(b) If the attorney is an employee of the division, paid at the rate established by regulations adopted by the division. Any money collected must be deposited to the uninsured employers’ claim fund.

Amend sec. 22, page 12, line 25, by deleting “11” and inserting “11.3”.

Amend sec. 22, page 12, lines 29 and 30 by deleting:

“the effective date of this act.” and inserting:

“October 1, 2001.”.

Amend the bill as a whole by adding a new section designated sec. 25, following sec. 22, to read as follows:

“Sec. 25. 1. This section, sections 1 to 11.7, inclusive, and 13 to 24, inclusive, of this act become effective on October 1, 2001.

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

Amend the title of the bill, seventh line, after “care;” by inserting:

“allowing an employee who is injured or who contracts an occupational disease outside this state to receive compensation from the uninsured employers’ claim fund;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes to provisions governing health insurance. (BDR 57‑132)”.

Assemblyman Dini moved the adoption of the amendment.

Remarks by Assemblyman Dini.

Amendment adopted.

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

Senate Bill No. 133.

Bill read second time.

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

Amendment No. 975.

Amend sec. 3, page 2, line 39, by deleting “chapter” and inserting “section”.

Amend sec. 4, page 4, line 18, by deleting “chapter” and inserting “section”.

Amend the bill as a whole by adding a new section designated sec. 4.5, following sec. 4, to read as follows:

“Sec. 4.5. NRS 631.230 is hereby amended to read as follows:

631.230 1. Any person is eligible to [take an examination] apply for a license to practice dentistry in the State of Nevada who:

(a) Is over the age of 21 years;

(b) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;

(d) Is of good moral character.

2. To determine whether a person has good moral character , the board may consider whether his license to practice dentistry in another state has been suspended or revoked or whether he is currently involved in any disciplinary action concerning his license in that state.”.

Amend the bill as a whole by adding a new section designated sec. 7.5, following sec. 7, to read as follows:

“Sec. 7.5. NRS 631.290 is hereby amended to read as follows:

631.290 1. Any person is eligible to [take an examination] apply for a license to practice dental hygiene in this state who:

(a) Is of good moral character;

(b) Is over 18 years of age;

(d) Is a graduate of an accredited school of dental hygiene.

2. To determine whether a person has good moral character , the board may consider whether his license to practice dental hygiene in another state has been suspended or revoked or whether he is currently involved in any disciplinary action concerning his license in that state.”.

Amend sec. 10, page 7, line 19, by deleting “chapter” and inserting “section”.

Amend sec. 11, page 8, line 49, by deleting “chapter” and inserting “section”.

Amend sec. 12, page 9, line 1, by deleting “7” and inserting “7, 7.5”.

Assemblyman Dini moved the adoption of the amendment.

Remarks by Assemblyman Dini.

Amendment adopted.

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

general file and third reading

Assembly Bill No. 667.

Bill read third time.

Remarks by Assemblyman Koivisto.

Roll call on Assembly Bill No. 667:

Yeas—42.

Nays—None.

Assembly Bill No. 667 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

Assemblywoman Koivisto moved that all rules be suspended and that Assembly Bill No. 667 be immediately transmitted to the Senate.

Motion carried unanimously.

Bill ordered transmitted to the Senate.

Senate Bill No. 210.

Bill read third time.

Remarks by Assemblymen Bache and Gustavson.

Roll call on Senate Bill No. 210:

Yeas—39.

Nays—Angle, Gustavson—2.

Not Voting—Carpenter.

Senate Bill No. 210 having received a two-thirds majority, Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 221.

Bill read third time.

Remarks by Assemblymen Gustavson, Gibbons, Anderson, Freeman, Angle and Goldwater.

Conflict of interest declared by Assemblyman Gustavson.

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

Assemblyman Gustavson:

Thank you, Mr. Speaker pro Tempore. Due to any appearance of conflict or anything like that, I am employed by a business that could be affected by this bill and I will not be voting on the bill. Thank you.

Assemblywoman Gibbons:

Thank you, Mr. Speaker pro Tempore. Perhaps this has been one of the most controversial issues coming before this body, at least for the people who represent Reno and Washoe County. I wanted to assure you that I do rise in support of it and I will share with you some of the reasons why I am doing this, because this is the best way to go. Senate Bill 200, that we passed earlier in this Body, allowed for special obligation bonds or revenue bonds to the City Charter of Reno. Before that time, it was only general obligation bonds, which really made the taxpayer, the citizens of Reno, responsible for any improvements. SB 221 is a bill that will use revenue bonds, backed by the City’s taxing power. If they make a finding and it’s approved by the Washoe County Debt Management Commission, then they will not need to use any property taxes to pay back the bonds. They will only use the intended funding, which is the room taxes, to pay back the bonding. They also have to publish a notice of that finding in a newspaper. Also, it further protects the public because if no one files a petition within 60 days after the notice is filed, the City could issue general obligation bonds to be secured by both revenues. So, therefore, it would not come out of the citizen taxpayer or property owner. Thank you, Mr. Speaker. I will be supporting this worthy project.

Assemblyman Anderson:

Thank you, Mr. Speaker pro Tempore. I rise in opposition to SB 221. I don’t think there will be a more divisive piece of legislation that will hurt the region of Washoe County and division of a regional need. We have a very diverse community. Reno and Sparks are as different as night and day. They have always been and will always be. There are a few projects we have stepped forward. The Reno Sparks Convention Authority has come forward for the last couple of sessions and tried to convince, successfully convincing us, of the need to improve its image, to try to put a new tax structure in place. If SB 221 is passed, the downtown Reno room rate will be higher than 9 out of 10 of our direct market competitors. Only Denver, in fact, will have a higher rate—13.55 percent compared to downtown Reno’s 13.5. The only other state or areas that we are in market competition with will take us out. We will have no room to raise new revenue, should Indian gaming produce a new crisis. I believe northern Nevada faces that to a greater extent than southern Nevada. Therefore, downtown Reno room taxes will be maximized and we will be unable to support another regional initiative with a full region wide room tax increase. We need to have some reserve room tax capacity to help us react in case our regional tourism industry faces another crisis. It is possible we will have to cope with yet another crisis. Let me give you three recent examples of serious issues in the north.

While you in the south have yours, we have ours. Regional airline services experience a genuine crisis. Between December of 1998 and 1999 Reno passenger volume fell by 10.2 percent. Between December of 1999 and 2000 we lost another 8.8 percent. This trend is continuing and this decline is becoming ever greater. Secondly, the dollar available to RSCVA for marketing our region is falling fast. Options and direct services cost of several different facilities: the Reno Sparks Convention Center, the Livestock Events Center, the two golf courses, the Pioneer Center, the Incline Village Visitors Center and the National Bowling Stadium, are eating up the RSCVA budget. While the total dollars available have steadily increased, the dollar budgeted for marketing has steadily declined. Thirdly, we have failed to diversify our tourist base. Our most frequent visitors include people over the age of 55 and those who visit for two to three days. They are the group most likely to be taken by the Indian gaming in California.

I’m afraid this is indeed a historic moment. If this bill passes and is signed into law, it assumes the City of Reno goes forward with the plan as contained in this bill. This will be the last time we have a single entity planning an executive marketing program for the greater convention and tourist market in the greater Washoe County area. Regional planning, marketing and selling of tourism enterprises will effectively end once the downtown center is up and running. Downtown, through the downtown center, will be competing against the RSCVA. By the next session, Sparks, Incline Village will be coming to the Legislature looking for their own room tax and tax revenue system streams for local tourism authority. Then there is the question of public versus private enterprise. The major hotel in the community in which I live has a 110,000 square foot meeting space, roughly the same as this downtown convention center; nearly all on one level, this center is near a carbon copy. That hotel invested their own money in building their facility, adding a $10 million parking garage, to meet the needs of our community, to bring tourism into our area, to market itself at their expense. Yet, we are going to use public dollars taken from the public tax stream. This is wrong. It sets the wrong image.

How is the State of Nevada going to dedicate over $200 million paying for debt service, full cost of operation, maintenance and even the marketing of direct competition for the RSCVA? This is a bad piece of legislation. I can’t think of anything that is going to be more divisive to my community in terms of where it is going and where it could possibly be. It’s going to drive, I think, a deeper wedge between those communities and what is good for the community as a whole. I urge my colleagues to join me in voting against this piece of legislation.

Assemblywoman Gibbons:

Thank you, Mr. Speaker pro Tempore. I do respect my colleague from Sparks and he made some very wonderful points that need to be made. However, this legislation really only protects the citizen taxpayer. It will be funded by revenue bonds. This does not allow for the funding. This is a fight that will be taken on at the local level, at the city council. These aren’t like Las Vegas casino owners. We know them. They are our neighbors and friends. Most of us grew up with them. They will take this fight to the city council and make the necessary compromise that needs to be done. In this bill, we’re just doing what we can to protect the citizen taxpayer.

Assemblywoman Freeman:

Thank you, Mr. Speaker pro Tempore. I think the comments of my colleague from Sparks reflects the anguish many of us from Washoe County are feeling over this bill. It’s probably one of the most difficult, divisive issues that we have dealt with for many years. I will be supporting the bill. I would hope that in the future our local governments can get together and work together on these issues. There was an editorial in today’s paper, as a matter of fact, about the need for our local governments to be honest and forthright with one another and address issues as a community rather than separate entities, whether its fiscal equity, annexation or whatever it is. I know that you folks in the south deal with these as well. It really tears us apart. I will be supporting it but I would hope that in the future local governments find a way to resolve this as a local issue. I realize this is enabling. It will be decided at the local level as my colleague pointed out. It’s certainly been very difficult for us.

Assemblywoman Angle:

Thank you, Mr. Speaker pro Tempore. I have been contemplating whether to stand or not. I feel that I need to add a little balance to this. I, too, rise in opposition to SB 221. I feel that it’s not in the best interest of Washoe County, Reno, Sparks, or the RSCVA. I think it’s a form of corporate welfare and I will be opposing this. I urge you to all do the best thing for Washoe County. Thank you.

Assemblyman Goldwater:

Mr. Speaker pro Tempore, I just wanted to rise and give the body a little indication of what happened with this bill in the committee. It was widely supported by members of the downtown Reno community. Opponents who are not from specifically downtown Reno include members of Sparks, even though there are areas in major hotel casinos affected by the room tax, they have tried, when it comes to tax policy, to get together, compromise and continue to work things out. I think at the final hour a majority and large group of folks got together, formed a private corporation, put in a little private money and want to empower the local government to raise the room tax to support what the majority feels is a good decision.

Roll call on Senate Bill No. 221:

Yeas—32.

Nays—Anderson, Angle, Carpenter, Dini, Marvel, Neighbors, Price, Smith—8.

Not Voting—Brower, Gustavson—2.

Senate Bill No. 221 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 223.

Bill read third time.

Remarks by Assemblywoman Parnell.

Roll call on Senate Bill No. 223:

Yeas—42.

Nays—None.

Senate Bill No. 223 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 236.

Bill read third time.

Remarks by Assemblywoman Parnell.

Roll call on Senate Bill No. 236:

Yeas—42.

Nays—None.

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

Bill ordered transmitted to the Senate.

Senate Bill No. 237.

Bill read third time.

Remarks by Assemblywoman Parnell.

Roll call on Senate Bill No. 237:

Yeas—42.

Nays—None.

Senate Bill No. 237 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 245.

Bill read third time.

Remarks by Assemblywomen Leslie and Angle.

Roll call on Senate Bill No. 245:

Yeas—42.

Nays—None.

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

Bill ordered transmitted to the Senate.

Senate Bill No. 289.

Bill read third time.

Remarks by Assemblywomen Parnell and Giunchigliani.

Roll call on Senate Bill No. 289:

Yeas—42.

Nays—None.

Senate Bill No. 289 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 311.

Bill read third time.

Remarks by Assemblywoman Parnell.

Roll call on Senate Bill No. 311:

Yeas—42.

Nays—None.

Senate Bill No. 311 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 337.

Bill read third time.

Remarks by Assemblymen Manendo, Brown and Lee.

Potential conflict of interest declared by Assemblyman Lee.

Conflict of interest declared by Assemblyman Brown.

Roll call on Senate Bill No. 337:

Yeas—39.

Nays—Carpenter.

Not Voting—Brown.

excused—Tiffany.

Senate Bill No. 337 having received a two-thirds majority, Mr. Speaker pro Tempore declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 356.

Bill read third time.

Remarks by Assemblyman Bache.

Roll call on Senate Bill No. 356:

Yeas—42.

Nays—None.

Senate Bill No. 356 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 405.

Bill read third time.

Remarks by Assemblymen Dini and Carpenter.

Roll call on Senate Bill No. 405:

Yeas—42.

Nays—None.

Senate Bill No. 405 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

Senate Bill No. 502.

Bill read third time.

Remarks by Assemblyman Bache.

Roll call on Senate Bill No. 502:

Yeas—42.

Nays—None.

Senate Bill No. 502 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that Assembly Bill No. 554; Senate Bills Nos. 65, 125, 257, 516, 535, 543; Senate Joint Resolution No. 13 be taken from the General File and placed on the General File for the next legislative day.

Motion carried.

REMARKS FROM THE FLOOR

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

Governor Guinn:

Thank you very much, Mr. Speaker pro Tempore. Today is a very special day in the history of Nevada. Welcome to all of you from Faye Herron Elementary School, Reed High School, and Madison Elementary School in southern Nevada. The reason it is a very special day today is because I think it is symbolic of what is happening all across America and especially what is happening right here in Nevada. It is the great diversity that is coming about with our people. Diversity is so important. Today, what makes that a special relationship is that Assemblyman Wendell Williams is the first African American in the history of Nevada to be the Speaker pro Tempore in this august body of the Assembly. We congratulate you for that very much, Assemblyman Williams.

I think it sets an example to all of you young people to what you can do if you truly put your mind to it and you’re willing to work hard, sacrifice and do a good job with your schoolwork. If you will continue to do that, and then hopefully someday many of you will be sitting in this room; maybe you, too, will have an opportunity to be the Speaker of the Assembly or Speaker pro Tempore for the first time, in your life. We would love to see that happen.

Quickly, I just want to make sure I give Speaker pro Tempore Williams some good advice today. You just heard that there will soon be a school named Wendell P. Williams Elementary School in Clark County. Wendell, historically in this State they would not name a school after someone who was still alive. I think if you look at the history, the Kenny Guinn Junior High School was the first school wherein they named it after someone who was still alive. I am very grateful for that new process they have started. But, Wendell, it will put you in a very humble position, even though you are the Speaker pro Tempore today.

As we were doing the school dedication of the Kenny Guinn Junior High School, I was waiting outside before I went into the gymnasium where there were a few thousand people. I was out there by myself and there was a picture of me hanging on the wall. And this was a school that started with sixth, seventh and eighth graders.

A little sixth grader came by and I said, “How are you doing?”

He said, “Nothing much.”

I asked him, “Do you go to school here?”

“Yes.”

I asked him, “What grade are you in?”

“The sixth grade.”

I looked around to see if there was anyone there to hear me say the next words I was going to say to him. I asked, “See this picture?”

“Yes sir.”

I said, “That’s Kenny Guinn. That’s who the school is named after.”

“Yes, sir.”

I looked at him and he didn’t recognize me and I said, “I’m Kenny Guinn.”

The little kid looked at me and said, “It was very nice of your mother to name you after our school.”

Wendell, congratulations for the two great honors that you are going to have: this experience today as Speaker pro Tempore and also for having a school named after you. I can think of no two greater honors one could receive in their lifetime. So thank you very much and thank you for inviting me here today.

Students, keep up your good works, because we don’t want you if you are not going to get a Millennium Scholarship that this group, right here, approved. It’s a $10,000 scholarship for that “B” average and passing your high school exams. And with that said, I’m going to leave and go back to work. Thank you very much.

Judge Gene Porter:

Thank you, Mr. Speaker pro Tempore. I had not planned on attending the floor session this morning until I found out you were going to be presiding. I found our old roommate and he graciously agreed to let me sit here. I thought I would at least say a few words about what this occasion means to me personally and to those of us who have watched your career over the years. I first met Wendell Williams in 1986 when we happened to file for election on the exact same day. Then our pictures ran side by side the very next day in the Las Vegas Sun. By coincidence it ran alongside the representative from District 7. The three of us appeared in the newspaper together and we had never met each other. I had the opportunity to then meet both of these gentlemen during the campaign trail and the rest is, as you know, history.

Probably one of the proudest moments for me was when the Clark County School District decided to name a school after Wendell P. Williams. I know of very few people who have cared as much about children and education as Assemblyman Williams has. If you have ever driven through District 6 in Las Vegas, and had the privilege to be there, you will see, to this day, educational signs that say “Sponsored by Assemblyman Williams” on various corners of that district. They urge the students that live there to stay in school and get an education. That’s a legacy to him.

The naming of the Wendell P. Williams Elementary School is, in my opinion, Mr. Speaker pro Tempore, so far, one of the crowning moments of your career. On a personal note, I am very proud of you and, as usual, you handled yourself today with your usual class and style. Congratulations, sir, and thank you.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Justin Blumenthal, Becky Bradshaw, William Creveling, Adam Frenza, Kerrie Kramer, Dallin Smith, Toby Straw, Kyle Tingley, Josh Valdez, Aaron Crowther, Summer Foster, Justin Oberman, Brian Day, Raul Arce, Lisa Ferguson, Jorge Guevara, Tracy Gummert, Suzanne Hung, Josh Koder, Kyle Morris, Misty Nguyen, Stephen Percival, Josh Plowman, Luke Ruiz, Amy Woo, Danny Devine, Amber Farley, Nate Gibbs, Matt Highison, Seth Laylon, Sarah Lowery, Aaron McGraw, Lindsey Rudolph, Rich Schmitt, Rich Schroeder, Chris Walsh, Meghan Sullivan, Jolene Whelan, Tawnya Gamble and Shawn Curtis.

On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Larry Weinstein, Joseph Scalia, Cort Christie and Robert Bennington.

On request of Assemblyman Brower, the privilege of the floor of the Assembly Chamber for this day was extended to Jim Shaw.

On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Daryl A. Moore, Michele Richardson, Stephanie Tyler, Jenny DesVaux Oakes, Debra Jacobson, Anne Grisham, Shelly McFarland, Luz Marian Bolanos, Scott Siverhus, Shelia Gilchrist, Tami Zorn, Lori Lee-Rouadi, James Stiener, Marilu Rice, Jenny Siverhus, Mary Boyd, Francis Tovar, Broderick Davis Sr., Maria Cabrera, Xochilt Briseno, George Chavez, Andy Vaughn, Luis Corado, Teresa Hansen, Alma Hinojos, Elizabeth Samis, Jennifer Sialo, Violet Murrill, Christina Garcia, Tina Kinser, Maria Sanchez, Adriana Aguilar, Blanca Almeda, Dasha Anderson, Jonathan Asais, Celina Barraza, Jasmine Bartley, Antonio Bolanos, Pedro Borrunda, Mariela Cabrera, Kenzie Campos, Jose Cardenas, Adriana Castro, Edgar Cebreros, Jose Cerna, Jose Cervantes, Estefani Chavarria, Rocio Chavez, Eduardo Contreras, Wendy Corado, Esttefania Corona, Gustavo Covarruvias, Joseantonio Diaz, Myra Diaz, Cheniece Ellison, David Flores, Yazmin Flores, Jesus Garcia, Kathy Garcia, Manuel Georges, Benito Gonzales, Amanda Hansen, Jarroy Henry, Juliet Hernandez, Nancy Heron, Victor Hinojos, Maria Jara, Francisco Jimenez, Reyna Jimenez, Miguel Joanico, Ashlia Kinser, Kyle Kinser, Nivardo Landeros, Chavoney Lawson, Antonio Llamas, Ana Mariel Lopez, Steve Luera, Hector Maria, Michael Marroquin, Leopoldo Martinez, Yecenia Maya, Rebecca McFarland, Broderick McFarling Davis, Andrew McKinney, Adolfo Medina Jr., Victor Meza, Britany Montez, Jorge Morones, Bianca Munoz, Cassondra Murrill, Yarely Nunez, Azucena Pacheco, Natalie Portillo, Robert Pratt, Jesus Quintana, Moises Ramirez, Brenda Ramos, Patirck, Yoni Robles, Angel Rodriquez, Consuelo Rodriquez, Mayra Rodriguez, Julio Rodriquez, Armando Rojas, Brizuela Rojas, Elida Salgado, Brittany Sanchez, Danira Sanchez, Joseph Sandoval, Penina Siala, Thomas Smith, Tennessa Spendlove, Osman Tena, Luis Tostado, Jonathan Tovar, Linda Turner, Jeffery Ullom, Carlos Valdez, Yesenia Valencia, Tomas Velencia, Erika Velez, Efain Vivar, Denitra Wheeler, DeShawn Whright, Leah Winn, Joel Yepez and Stephanie Zamora.

On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to LeAnn Whitmore.

On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Katy Singlaub.

On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Michael Ball, Ivan Williams, Calderon Mosley, Jymmee Cooper, Tenisha Williams, Ebony Montgomery, Beaunra Brown, Courtney Davenport, Sharon Frazier, Joshua Ellis, Princess Worthen, Nigel Richey, Lakisha Parks, Sidney Dagons, Derrick Lea, Dr. Carol Foster, Michele Haldeman, Cynthia Hart, Jenny Rosowsky, Connie Washington, Barbara Peyton, Myrtis King, Alfredo Ajero, Michael Ajero, Ciro Avendano, Sheena Bailey, India Batiste, Damarqion Beasley, Keorris Berry, Denisheo Beverly, Lemond Blanche, Phantasia Boccheciamp, Donja Brooks, Joseph Brooks, Kristian Buchanan, Jamarlo Collins, Lamont Collins, Zachary Contreras, Jerry Cooper, Jr., Kaycee Cruz, Sabrina Day, Nomeka Draggon, Tallis Eaton, Teresa Eaton, Luz Favela Belmonte, Freddy Gardea, Spencer Gatson, Kabrika Glinton, Miyetta Gray, Lanesha Hardin, Armishma Hopkins, Demetrus Hughes, Eddameka Hurd, Britteny Idleburgh, Johnny Isaac, Carla Jackson, Tiarria Jamerson, Vincente Jimenez, Chantel Jimerson, Terrance Johnson, Jason Kline, Seshna Kumar, Deonte Lolar, Larry Loucious, Ebony Love, Antwon Manning, Brianda Martinez-Hernan, Endea McKnight, Bobby McRoy, Jr., Davonta Mitchell, Michael Monarrez, Brandon Montgomery, Margurite Paschal, Danielle Pollard, James Poole, Alexandria Ross, Jason Saladen, Sharielle Shaw, Andrea Smith, Jermaine Smith, Luis Soto, Daviote Stewart, Michael Stewart, Christina Stingley, Yumika Summerlin, Leeshur Taylor, Thomas Taylor, Jr., Shante Thomas, Michael Turner, Teresa Valles, Kiera Washington, Noriesha Webster, Jonsha Wesley, Matthew Wiggins, Norian Williams, Stephon Wimberly, Makey Yabut and Teresa Yabut.

Assemblywoman Buckley moved that the Assembly adjourn until Friday, May 25, 2001 at 11:00 a.m.

Motion carried.

Assembly adjourned at 3:34 p.m.

Approved: Richard D. Perkins

Speaker of the Assembly

Attest: Jacqueline Sneddon

Mr. Speaker:

Your Committee on Ways and Means, to which was referred Assembly Bill No. 454, 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 Ways and Means, to which was re-referred Assembly Bill No. 554, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

Speaker of the Assembly

Chief Clerk of the Assembly