THE ONE HUNDRED AND TENTH DAY
Carson City (Friday), May 25, 2001
Assembly called to order at 11:17 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Dr. Marvin Dennis.
Our Heavenly Father, help us to remember all those who have served our great state and nation. Help us to be thankful for each of them. As we approach this Memorial Day holiday help us in the midst of all our activities to pause and reflect upon Your goodness to us and reflect upon the memory of our loved ones. Thank You that we have a special day set aside to remember and be grateful that we are indeed a blessed nation. In the Name of My Wonderful Lord, I pray.
Amen.
Pledge of allegiance to the Flag.
Assemblywoman Buckley moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 33, 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 Taxation, to which was referred Senate Bill No. 527, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
David E. Goldwater, Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 518, 530, 531, 598, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Morse Arberry Jr., Chairman
COMMUNICATIONS
MESSAGES FROM THE GOVERNOR
State of Nevada
Executive Chamber
May 24, 2001
The Honorable Richard D. Perkins, Speaker of the Assembly, Nevada State Assembly, Legislative Building, Carson City, Nevada 89701
Dear Speaker Perkins:
I am returning Assembly Bill 481 to the 71st Session of the Nevada Legislature accompanied by my letter of objection.
Sincerely,
Kenny C. Guinn
MESSAGES FROM 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 passed Assembly Bills Nos. 7, 29, 33, 165, 171, 199, 201, 257, 264, 267, 431, 446, 488, 491, 536, 547, 563, 576, 601, 604, 636, 649; Senate Bill No. 143.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 44, Amendment No. 812; Assembly Bill No. 74, Amendment No. 709; Assembly Bill No. 92, Amendment No. 767; Assembly Bill No. 192, Amendment No. 851; Assembly Bill No. 245, Amendment No. 746; Assembly Bill No. 253, Amendment No. 849; Assembly Bill No. 294, Amendment No. 753; Assembly Bill No. 302, Amendment No. 854; Assembly Bill No. 308, Amendment No. 754; Assembly Bill No. 325, Amendment No. 755; Assembly Bill No. 344, Amendment No. 756; Assembly Bill No. 399, Amendment No. 757; Assembly Bill No. 402, Amendment No. 846; Assembly Bill No. 440, Amendment No. 821; Assembly Bill No. 463, Amendment No. 842; Assembly Bill No. 620, Amendment No. 852; Assembly Bill No. 622, Amendment No. 850; Assembly Bill No. 628, Amendment No. 870, 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 respectfully refused to recede from its action on Assembly Bill No. 660, Senate Amendment No. 688, and requests a conference, and appointed Senators Wiener, Amodei and Washington as a first Conference Committee to meet with a like committee of the Assembly.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 194, 448, 496, 497.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 730 to Senate Bill No. 163; Assembly Amendment No. 722 to Senate Bill No. 191; Assembly Amendment No. 720 to Senate Bill No. 197; Assembly Amendment No. 731 to Senate Bill No. 329.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 732 to Senate Bill No. 554.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Elections, Procedures, and Ethics:
Assembly Concurrent Resolution No. 37— Expressing support for the goals of the Disadvantaged Business Enterprise Program and the contract compliance programs of the Nevada Department of Transportation and urging the creation of a statewide task force to expand diversity in the work force on highway construction projects.
Assemblywoman Giunchigliani moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
UNFINISHED BUSINESS
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Parnell, Von Tobel and Bache as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 660.
MOTIONS, RESOLUTIONS AND NOTICES
Notice Of Exemption
May 24, 2001
The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of: Assembly Bill No. 123.
Gary Ghiggeri
Fiscal Analysis Division
Assemblywoman Giunchigliani moved that Senate Bill No. 219 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Assemblyman Manendo moved that Senate Bill No. 482 be taken from the Chief Clerk's desk and placed at the top of the General File.
Remarks by Assemblyman Manendo.
Motion carried.
Assemblywoman Koivisto moved that Senate Bill No. 377 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblywoman Koivisto.
Motion carried.
Assemblyman Dini moved that Senate Bill No. 6 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Remarks by Assemblyman Dini.
Motion carried.
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 Giunchigliani moved that Senate Bill No. 219 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Assemblywoman Buckley moved that Assembly Bills Nos. 518, 530, 531, 598; Senate Bills Nos. 33 and 527 be placed on the Second Reading 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.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 143.
Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 194.
Assemblyman Parks moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 448.
Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 496.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 497.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 6.
Bill read second time and ordered to third reading.
Assembly Bill No. 518.
Bill read second time and ordered to third reading.
Assembly Bill No. 530.
Bill read second time and ordered to third reading.
Assembly Bill No. 531.
Bill read second time and ordered to third reading.
Assembly Bill No. 598.
Bill read second time and ordered to third reading.
Senate Bill No. 33.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 742.
Amend the bill as a whole by renumbering section 1 as sec. 12 and adding new sections designated sections 1 through 11, following the enacting clause, to read as follows:
“Section 1. Chapter 132 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in this Title, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will, the term includes an electronic will.
Sec. 3. “Electronic record” means a record created, generated or stored by electronic means.
Sec. 4. “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
Sec. 5. “Electronic will” means a testamentary document that complies with the requirements of section 9 of this act.
Sec. 6. “Record” means information that is inscribed on a tangible medium, or that is stored in an electronic medium and is retrievable in perceivable form.
Sec. 7. NRS 132.025 is hereby amended to read as follows:
132.025 As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 132.030 to 132.370, inclusive, and sections 3 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 8. NRS 132.070 is hereby amended to read as follows:
132.070 “Codicil” means an addition to a will that may modify or revoke one or more provisions of the will, or add one or more provisions to the will, and is signed with the same formalities as a witnessed will, electronic will or holographic will.
Sec. 9. Chapter 133 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An electronic will is a will of a testator that:
(a) Is written, created and stored in an electronic record;
(b) Contains the date and the electronic signature of the testator and which includes, without limitation, at least one authentication characteristic of the testator; and
(c) Is created and stored in such a manner that:
(1) Only one authoritative copy exists;
(2) The authoritative copy is maintained and controlled by the testator or a custodian designated by the testator in the electronic will;
(3) Any attempted alteration of the authoritative copy is readily identifiable; and
(4) Each copy of the authoritative copy is readily identifiable as a copy that is not the authoritative copy.
2. Every person of sound mind over the age of 18 years may, by last electronic will, dispose of all of his estate, real and personal, but the estate is chargeable with the payment of the testator’s debts.
3. An electronic will that meets the requirements of this section is subject to no other form, and may be made in or out of this state. An electronic will is valid and has the same force and effect as if formally executed.
4. An electronic will shall be deemed to be executed in this state if the authoritative copy of the electronic will is:
(a) Transmitted to and maintained by a custodian designated in the electronic will at his place of business in this state or at his residence in this state; or
(b) Maintained by the testator at his place of business in this state or at his residence in this state.
5. The provisions of this section do not apply to a trust other than a trust contained in an electronic will.
6. As used in this section:
(a) “Authentication characteristic” means a characteristic of a certain person that is unique to that person and that is capable of measurement and recognition in an electronic record as a biological aspect of or physical act performed by that person. Such a characteristic may consist of a fingerprint, a retinal scan, voice recognition, facial recognition, a digitized signature or other authentication using a unique characteristic of the person.
(b) “Authoritative copy” means the original, unique, identifiable and unalterable electronic record of an electronic will.
(c) “Digitized signature” means a graphical image of a handwritten signature that is created, generated or stored by electronic means.
Sec. 10. NRS 133.040 is hereby amended to read as follows:
133.040 No will executed in this state, except such electronic wills or holographic wills as are mentioned in this chapter, is valid unless it is in writing and signed by the testator, or by an attending person at the testator’s express direction, and attested by at least two competent witnesses who subscribe their names to the will in the presence of the testator.
Sec. 11. NRS 133.045 is hereby amended to read as follows:
133.045 1. Whether or not the provisions relating to electronic wills and holographic wills apply, a will may refer to a written statement or list , including, without limitation, a written statement or list contained in an electronic record, to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.
2. To be admissible as evidence of the intended disposition, the statement or list must contain:
(a) The date of its execution.
(b) A title indicating its purpose.
(c) A reference to the will to which it relates.
(d) A reasonably certain description of the items to be disposed of and the names of the devisees.
(e) The testator’s handwritten signature [.] or electronic signature.
3. The statement or list may be:
(a) Referred to as a writing to be in existence at the time of the testator’s death.
(b) Prepared before or after the execution of the will.
(c) Altered by the testator after its preparation.
(d) A writing which has no significance apart from its effect upon the dispositions made by the will.”.
Amend the bill as a whole by renumbering sections 2 and 3 as sections 14 and 15 and adding a new section, designated sec. 13, following section 1, to read as follows:
“Sec. 13. NRS 133.080 is hereby amended to read as follows:
133.080 1. If in writing and subscribed by the testator, a last will and testament executed outside this state in the manner prescribed by the law, either of the state where executed or of the testator’s domicile, shall be deemed to be legally executed, and is of the same force and effect as if executed in the manner prescribed by the law of this state.
2. This section must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
3. As used in this section, “subscribed” includes, without limitation, placing an electronic signature on an electronic will.”.
Amend the bill as a whole by renumbering sections 4 through 15 as sections 17 through 28 and adding a new section designated sec. 16, following sec. 3, to read as follows:
“Sec. 16. Chapter 136 of NRS is hereby amended by adding thereto a new section to read as follows:
An electronic will may be proved by authentication satisfactory to the court.”.
Amend the bill as a whole by renumbering sections 16 and 17 as sections 30 and 31 and adding a new section designated sec. 29, following sec. 15, to read as follows:
“Sec. 29. NRS 150.310 is hereby amended to read as follows:
150.310 1. If it appears upon any accounting, or in any appropriate action or proceeding, that a personal representative, trustee or other fiduciary has paid or may be required to pay an estate tax to the Federal Government under the provisions of any federal estate tax law, now existing or hereafter enacted, upon or with respect to any property required to be included in the gross estate of a decedent under the provisions of any such law, the amount of the tax must be equitably prorated among the persons interested in the estate, whether residents or nonresidents of this state, to whom the property was, is or may be transferred or to whom any benefit accrues, except:
[1.] (a) Where a testator otherwise directs in his will.
[2.] (b) Where by written instrument , including, without limitation, an electronic trust, executed inter vivos direction is given for apportionment among the beneficiaries of taxes assessed upon the specific fund dealt with in the instrument.
2. As used in this section, “electronic trust” has the meaning ascribed to it in section 38 of this act.”.
Amend the bill as a whole by renumbering sec. 18 as sec. 44 and adding new sections designated sections 32 through 43, following sec. 17, to read as follows:
“Sec. 32. Chapter 159 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this chapter, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will or instrument, the term includes an electronic will as defined in section 5 of this act and an electronic trust as defined in section 38 of this act.
Sec. 33. Chapter 163 of NRS is hereby amended by adding thereto the provisions set forth as sections 34 to 40, inclusive, of this act.
Sec. 34. As used in this chapter, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will, trust or instrument to convey property, the term includes an electronic will as defined in section 5 of this act or an electronic trust as defined in section 38 of this act, as appropriate.
Sec. 35. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 36 to 39, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 36. “Electronic record” has the meaning ascribed to it in section 3 of this act.
Sec. 37. “Electronic signature” has the meaning ascribed to it in section 4 of this act.
Sec. 38. “Electronic trust” means a trust instrument that complies with the requirements of section 40 of this act.
Sec. 39. “Record” has the meaning ascribed to it in section 6 of this act.
Sec. 40. 1. An electronic trust is a trust instrument that:
(a) Is written, created and stored in an electronic record;
(b) Contains the electronic signature of the settlor; and
(c) Meets the requirements set forth in this chapter for a valid trust.
2. An electronic trust shall be deemed to be executed in this state if the electronic trust is:
(a) Transmitted to and maintained by a custodian designated in the trust instrument at his place of business in this state or at his residence in this state; or
(b) Maintained by the settlor at his place of business in this state or at his residence in this state, or by the trustee at his place of business in this state or at his residence in this state.
3. The provisions of this section do not apply to a testamentary trust.
Sec. 41. NRS 163.008 is hereby amended to read as follows:
163.008 1. A trust created in relation to real property is not valid unless it is created by operation of law or is evidenced by:
(a) A written instrument signed by the trustee, or by the agent of the trustee if he is authorized in writing to do so; or
(b) A written instrument , including, without limitation, an electronic trust, conveying the trust property and signed by the settlor, or by the agent of the settlor if he is authorized in writing to do so.
2. Such a trust may be recorded in the office of the county recorder in the county where all or a portion of the real property is located.
Sec. 42. NRS 163.260 is hereby amended to read as follows:
163.260 1. By an expressed intention of the testator or settlor [so] to do so contained in a will, or in an instrument in writing whereby a trust estate is created inter vivos, any or all of the powers or any portion thereof enumerated in NRS 163.265 to 163.410, inclusive, as they exist at the time [of the signing of the will by] that the testator signs the will or places his electronic signature on the will, if it is an electronic will, or at the time [of the signing by] that the first settlor [who] signs the trust instrument [,] or places his electronic signature on the trust instrument, if it is an electronic trust, may be, by appropriate reference made thereto, incorporated in such will or other written instrument, with the same effect as though such language were set forth verbatim in the instrument. Incorporation of one or more of the powers contained in NRS 163.265 to 163.410, inclusive, by reference to the proper section shall be in addition to and not in limitation of the common law or statutory powers of the fiduciary.
2. A fiduciary shall not exercise any power or authority conferred as provided in NRS 163.260 to 163.410, inclusive, in such a manner as, in the aggregate, to deprive the trust or the estate involved of an otherwise available tax exemption, deduction or credit, expressly including the marital deduction, or operate to impose a tax upon a donor or testator or other person as owner of any portion of the trust or estate involved. “Tax” includes, but is not limited to, any federal income, gift, estate or inheritance tax.
3. This section does not prevent the incorporation of the powers enumerated in NRS 163.265 to 163.410, inclusive, in any other kind of instrument or agreement.
4. As used in this section, “electronic will” has the meaning ascribed to it in section 5 of this act.
Sec. 43. NRS 163.590 is hereby amended to read as follows:
163.590 1. [A] Whether or not the provisions relating to electronic trusts apply, a trust may refer to a written statement or list , including, without limitation, a written statement or list contained in an electronic record, to dispose of items of tangible personal property not otherwise specifically disposed of by the trust, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.
2. To be admissible as evidence of the intended disposition, the statement or list must contain:
(a) The date of its execution.
(b) A title indicating its purpose.
(c) A reference to the trust to which it relates.
(d) A reasonably certain description of the items to be disposed of and the beneficiaries.
(e) The handwritten signature or electronic signature of the settlor.
3. The statement or list may be:
(a) Referred to as a writing to be in existence at the death of the settlor.
(b) Prepared before or after the execution of the trust instrument.
(c) Altered by the settlor after its preparation.
(d) A writing which has no significance apart from its affect upon the dispositions made by the trust.”.
Amend the bill as a whole by renumbering sec. 19 as sec. 46 and adding a new section designated sec. 45, following sec. 18, to read as follows:
“Sec. 45. NRS 164.010 is hereby amended to read as follows:
164.010 1. Upon petition of any person appointed as trustee of an express trust by any written instrument other than a will, or upon petition of a settlor or beneficiary of the trust, the district court of the county in which the trustee resides or conducts business, or in which the trust has been domiciled, shall consider the application to confirm the appointment of the trustee and specify the manner in which the trustee must qualify. Thereafter the court has jurisdiction of the trust as a proceeding in rem.
2. If the court grants the petition, it may consider at the same time any petition for instructions filed with the petition for confirmation.
3. At any time, the trustee may petition the court for removal of the trust from continuing jurisdiction of the court.
4. As used in this section, “written instrument” includes, without limitation, an electronic trust as defined in section 38 of this act.”.
Amend the bill as a whole by renumbering sec. 20 as sec. 48 and adding a new section designated sec. 47, following sec. 19, to read as follows:
“Sec. 47. Chapter 166 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this chapter, unless the context otherwise requires, when the term “writing” or “written” is used in reference to a will, trust or instrument, the term includes an electronic will as defined in section 5 of this act and an electronic trust as defined in section 38 of this act.”.
Amend the title of the bill, first line, after “probate;” by inserting:
“providing for the use of electronic wills and electronic trusts;”.
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. 527.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 811.
Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 370 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a person may institute a civil action in a court of competent jurisdiction for appropriate injunctive relief if the person:
(a) Sells, distributes or manufactures cigarettes; and
(b) Sustains direct economic or commercial injury as a result of a violation of subsection 4 of NRS 370.240 or NRS 370.385.
2. Nothing in this section authorizes an action against this state, a political subdivision of this state, or an officer, employee or agency thereof.”.
Amend the bill as a whole by deleting sec. 5 and adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. NRS 370.385 is hereby amended to read as follows:
370.385 1. A wholesale or retail dealer shall not affix a Nevada cigarette revenue stamp or a metered machine impression upon a package, carton, packet or other container of cigarettes which:
(a) Does not meet the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. §§ 1331 et seq., for the placement of labels, warnings or any other information required by that Act to be placed upon a container of cigarettes sold within the United States;
(b) Is labeled as “for export only,” “U.S. tax exempt,” “for use outside the U.S.” or with similar wording indicating that the manufacturer did not intend for the product to be sold in the United States;
(c) Has been altered by the unauthorized addition or removal of wording, labels or warnings described in paragraph (a) or (b);
(d) Has been exported from the United States after January 1, 2000, and imported into the United States in violation of 26 U.S.C. § 5754; [or]
(e) Has been imported into the United States in violation of 19 U.S.C. § 1681a;
(f) Was manufactured, packaged or imported by a person who has not complied with 15 U.S.C. § 1335a with regard to the cigarettes;
(g) Violates a federal trade-mark or copyright law [.] ; or
(h) Violates any other federal statute or regulation or with respect to which any federal statute or regulation has been violated.
2. A wholesale or retail dealer shall not:
(a) Affix Nevada cigarette revenue stamps or metered machine impressions on;
(b) Sell or distribute in this state; or
(c) Possess in this state with the intent to sell or distribute in this state,
cigarettes
manufactured for export outside the United States.
3. The department may impose a penalty on a wholesale or retail dealer who violates subsection 1 or 2 as follows:
(a) For the first violation, a penalty of $5,000.
(b) For each subsequent violation, a penalty of $10,000.
4. Notwithstanding any other provision of law, the department [may seize, destroy or sell to the manufacturer, for export only, a container of] shall seize and destroy cigarettes upon which a revenue stamp or metered machine impression was placed in violation of subsection 1 or 2.
5. As used in this section, “cigarettes manufactured for export outside the United States” means cigarettes contained in a package or carton which indicates that the cigarettes are tax exempt and for use outside the United States.”.
Amend sec. 6, pages 2 and 3, by deleting lines 47 through 49 on page 1 and lines 1 and 2 on page 3, and inserting:
“370.415 1. The department, its agents, sheriffs within their respective counties and all other peace officers of the State of Nevada shall seize any contraband cigarettes found or located in the State of Nevada.
2. A sheriff or other peace officer who seizes cigarettes pursuant to this section shall provide written notification of the seizure to the department not later than 5 working days after the seizure. The notification must include the reason for the seizure.
3. After consultation with the department, the sheriff or other peace officer shall transmit the cigarettes to the department if:
(a) The cigarettes, except for revenue stamps or metered machine impressions being properly affixed as required by this chapter, comply with all state and federal statutes and regulations; and
(b) The department approves the transmission of the cigarettes.
4. Upon receipt of the cigarettes, the department shall dispose of the cigarettes as provided in subsection 4 of NRS 370.270.
5. If the sheriff or other peace officer does not transmit the cigarettes to the department, he shall destroy the cigarettes.”.
Amend the bill as a whole by deleting sec. 7 and renumbering sections 8 and 9 as sections 7 and 8.
Amend the title of the bill by deleting the fifth through ninth lines and inserting:
“certificates regarding cigarettes imported into the United States; expanding the scope of prohibited acts by cigarette dealers; revising the provisions governing the disposal of certain contraband cigarettes; providing for a private right of action for injunctive relief regarding certain violations of chapter 370 of NRS; providing a penalty; and”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing contraband cigarettes, cigarette dealers and enforcement of statutes regarding cigarettes. (BDR 32‑1326)”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Education, to which was referred Senate Bill No. 127, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Education, to which was referred Senate Bill No. 243, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Concurrent Committee on Education, to which was referred Senate Bill No. 500, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 324, 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
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Giunchigliani moved that Senate Bill No. 466 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
general file and third reading
Senate Bill No. 482.
Bill read third time.
The following amendment was proposed by Assemblyman Manendo:
Amendment No. 783.
Amend sec. 8, page 2, by deleting lines 5 and 6.
Amend sec. 8, page 2, line 7, by deleting “2.” and inserting “1.”.
Amend sec. 8, page 2, line 13, by deleting “3.” and inserting “2.”.
Amend sec. 8, page 2, line 15, by deleting “4.” and inserting “3.”.
Assemblyman Manendo moved the adoption of the amendment.
Remarks by Assemblyman Manendo.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 454.
Bill read third time.
Roll call on Assembly Bill No. 454:
Yeas—42.
Nays—None.
Assembly Bill No. 454 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 554.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 999.
Amend sec. 11, page 4, between lines 46 and 47, by inserting:
“9. All contracts authorized by this section are subject to the requirements of chapter 333 of NRS, except that:
(a) Notwithstanding the provisions of subsection 1 of NRS 333.165 to the contrary, the board shall contract for all services regardless of the estimated value of the services; and
(b) Notwithstanding the provisions of NRS 333.335 to the contrary, each proposal received by the board concerning services must be evaluated by the board at a public meeting and each contract for services must be awarded by the board at a public meeting.”.
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Joint Resolution No. 9
Bill read third time.
Remarks by Assemblymen McClain, Price, Gustavson, Gibbons, Buckley, Mortenson, Freeman and Chowning.
Assemblywoman Buckley moved that Assembly Joint Resolution No. 9 be taken from the General File and placed on the Chief Clerk’s desk.
Remarks by Assemblywoman Buckley.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Constitutional Amendments:
Assembly Concurrent Resolution No. 38—Endorsing the support and expansion of programs that motivate students to learn more about the democratic system of government and other programs which encourage involvement in the democratic system of government.
Assemblyman Price moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
Assemblywoman Buckley moved that Senate Bills Nos. 127, 243 and 500 be placed on the Second Reading File.
Assemblywoman Buckley moved that Assembly Bill No. 324 be placed at the top of the General File.
Motion carried.
general file and third reading
Assembly Bill No. 324.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 877.
Amend sec. 28, page 11, line 3, by deleting “A” and inserting:
“[A] Except as otherwise provided in this section, a”.
Amend sec. 28, page 11, line 23, by deleting “A” and inserting:
“[A] Except as otherwise provided in this section, a”.
Amend sec. 28, page 11, line 24, by deleting “A” and inserting:
“[A] Except as otherwise provided in this section, a”.
Amend sec. 28, page 11, line 36, by deleting “A” and inserting:
“[A] Except as otherwise provided in this section, a”.
Amend sec. 28, page 11, between lines 45 and 46, by inserting:
“9. The commission may, by regulation, increase any fee set forth in this section if the commission determines that the increase in fees is necessary for the commission to carry out its duties prescribed by this chapter. The amount of an increase in fees pursuant to this subsection must not exceed the amount determined to be necessary for the commission to carry out its prescribed duties.”.
Amend the bill as a whole by adding new sections designated sections 96.3, 96.5 and 96.7, following sec. 96, to read as follows:
“Sec. 96.3. Not later than November 1, 2001, the director of the department of business and industry shall:
1. Identify in the budget of the division of financial institutions of the department the revenues and expenditures attributable to the regulation and licensing of mortgage brokers and mortgage agents; and
2. Submit, to the governor and interim finance committee for approval, revised budgets for the division of financial institutions and the mortgage industry commission, in which the identified revenues and expenditures have been appropriately transferred from the budget of the division to the budget of the commission.
Sec. 96.5. 1. Before the date on which the director of the department of business and industry certifies to the governor that the mortgage industry commission and its executive director are prepared to carry out the provisions of this act, or January 1, 2002, whichever occurs first, the state treasurer shall place any money deposited in the state general fund relating to the regulation and licensing of mortgage brokers and mortgage agents into the account for use by the division of financial institutions of the department for the regulation and licensing of mortgage brokers and mortgage agents.
2. On and after the date on which the director of the department of business and industry certifies to the governor that the mortgage industry commission and its executive director are prepared to carry out the provisions of this act, or January 1, 2002, as appropriate, the state treasurer shall place any money deposited in the state general fund relating to the regulation and licensing of mortgage brokers and mortgage agents into the account for use by the commission.
3. The director of the department of business and industry shall identify for the state treasurer that portion of the money being deposited in the state general fund which relates to the regulation and licensing of mortgage brokers and agents.
Sec. 96.7. The division of financial institutions of the department of business and industry and the mortgage industry commission shall enter into an interagency agreement to facilitate the transfer of the responsibility for the collection of the fees relating to the regulation and licensing of mortgage brokers and mortgage agents, and of all related fees with respect to which responsibility for the collection has been transferred from the division to the commission pursuant to this act. The agreement must include, without limitation, provisions which address:
1. The exchange of books and records between the division and the commission, as necessary; and
2. The allocation of costs between the division and the commission for services performed interdepartmentally.”.
Amend the title of the bill, fifth line, after “director” by inserting:
“authorizing the mortgage industry commission to increase fees by regulation in certain circumstances;”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
SECOND READING AND AMENDMENT
Senate Bill No. 127.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 973.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 and 3 as sections 1 and 2.
Amend the title of the bill to read as follows:
“AN ACT relating to education; authorizing the Elko County School District to continue its demonstration project in lieu of complying with the class-size reduction program; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes Elko County School District to continue demonstration project in lieu of complying with class-size reduction program. (BDR S‑172)”.
Assemblyman Williams moved the adoption of the amendment.
Remarks by Assemblymen Williams, Angle, Dini, Beers, Brower, Collins, Anderson, Goldwater and Chowning.
Assemblyman Gustavson requested that the following remarks be entered in the Journal.
Assemblyman Williams:
Thank you, Mr. Speaker. This bill had two sections. This amendment eliminates the first section of the bill, which would expand the pilot to other districts and leaves Elko intact to continue their pilot project.
Assemblywoman Angle:
Thank you, Mr. Speaker. I rise in opposition to this amendment. The reason is, I believe, that the language in this bill, Section 1, is “may”, which allows for districts to do this if they like to or not. It’s permissive. I think we need to permit our districts to do whatever they can to mitigate the problems that we have created with an unfunded mandate of class-size reduction of 16. This allows them to go to multiples of 22, if they like. They don’t have to but they can mitigate those cost problems with that. It also allows them to look at class-size reduction up through the sixth grade, which is one of those things we like them to do. Not just have 16 to 1 up until the third grade and then all of a sudden we have these huge classrooms from fourth, fifth and sixth grades. I think we should allow this permissive activity to go on so they can mitigate the problems they do have with things like team teaching and the other problems class reduction have caused. I would urge you to oppose this amendment and pass it just the way it came to us in committee, which is with both sections. Thank you, Mr. Speaker.
Assemblyman Dini:
Thank you, Mr. Speaker. Question. Through you to the chairman of Education. By deleting Section 1 are we, in fact, abolishing some programs that have been authorized by our previous action at the Legislature, like the special project in Lyon County for third grade remedial reading and in Washoe County? Does that in any way affect those two programs?
Assemblyman Williams:
Thank you, Mr. Speaker. To you and through you to the Speaker Emeritus. The answer to that is “no.” I would like to respond to my colleague from Washoe County as well. We must remember that the State of Nevada was the very first state to institute class-size reduction in this country. If, in fact, this Legislature decides to eliminate or change class size reduction in any form, it should be done by the Legislature—the members of this house and the members of the house down the hall. This bill that was presented to us, SB 127, was proposing to make changes in class-size reduction to be done, not by the Legislature, but by the Board of Examiners, the Legislative Bureau on Education, which is staff and the Interim Finance Committee. The committee realizes that, if in fact class-size reduction that was instituted by the Legislature, if in fact it should be changed, it should be done by the Legislature, not by the Board of Examiners, not by the Legislative Bureau on Education, and not by the Interim Finance Committee. It should be done by the Legislature. Class-size reduction is a big issue that should be decided by the Legislature, not these other groups. This is why the committee rejected Section 1 of this bill. So, the amendment leaves in place what the Legislature has approved, the projects that are currently going on and those the Speaker Emeritus mentioned—the pilot project which is currently being done in Elko. By the way, the Legislative Committee on Education that meets during the interim, not the staff, decided that Elko’s progress was to the point that it should continue. So we left that in place. This move by the Senate to change class-size reduction by the Board of Examiners is just not appropriate in this particular case. Also, no other school district in the State, other than Elko, has applied to make any changes in class size reduction. So why would we do it in this particular bill? I urge my colleagues to adopt this amendment.
Assemblyman Beers:
Thank you, Mr. Speaker. I rise in opposition to this amendment. I have to tell the body my personal anecdotal from the last two years. I have a daughter in middle-school. Throughout elementary school she was 32 to 2 until she hit the fourth grade; and then she was in 34 to 1; and in the fifth grade 35 to 1. Essentially, what we have done here in this ten-year-long experiment is squish down the ratio in the lower grades, in order to squish up the ratio in the upper grades and it doesn’t work. I see allowing this pilot program to continue an important step in documenting the fact that this doesn’t work, so that we can remove this onerous requirement from all our children.
Assemblyman Brower:
Thank you very much, Mr. Speaker. I haven’t had the privilege this session of serving with the Speaker pro Tempore on your Education Committee, so I didn’t hear this bill in committee. It seems to me the bill, in Section 1, allows school districts other than Elko to apply to the State to pursue a pilot program similar to the one in Elko, to adjust the rigid class size restrictions that we as a Legislature have placed. If my understanding is correct, I think that is a good idea, that local districts should be able to apply if they think less rigidity may suit their own particular needs. If my understanding is correct, I would oppose this amendment as well. Thank you, Mr. Speaker.
Assemblyman Collins:
Thank you, Mr. Speaker. I rise in support of my chairman of the Education Committee and support this amendment that we delete Section 1. Very simply because early in the 1990’s when we put in class-size reduction, the goal was to continue to expand it. This body of the Legislature and the Executive Office, for whatever reason, primarily financially, failed to expand that program to those upper grades. And until this body, as the chairman of Education has said, expands those processes into those grades, giving financial abilities to the local school districts, then we should not try any more experiments until we can see—like is being performed in Elko—if they are worthy of continuation. I hope that we all will support this amendment to delete Section 1. Thank you.
Assemblyman Anderson:
Thank you, Mr. Speaker. I was not going to address the issue until my colleague from Assembly District 4 brought forth the issue of compression that seems to have taken place in certain school districts. I think that as a function, not of class-size reduction, but rather the function of the growth factor and the inability of the school districts to build suitable facilities to keep up with the growing demand of population. In point of fact, if the excellent opportunity that took place in the lower grades is because of what we saw happening the time the legislation was initially passed. That was in those beginning grades, when it was absolutely essential those elementary forms of reading and writing were being introduced, there be greater contact. Therefore, I believe that it has been a successful program and it is proving to be a successful program. It is too bad we have not had the wherewithal to expand it to those additional grades. Your child benefited from this program already. It is a shame that where she is now is in the other part of the curve where, had our law not been in place, she would have been in a first grade with 35 students. I think it is successful and I support the amendment.
Assemblyman Goldwater:
Mr. Speaker, I rise in support of this amendment. I think the most salient point brought out by the chairman of the Committee on Education has to do with legislative control. We deal with the issue of class-size reduction not in a light way on your K-12 subcommittee. It is not an issue we brush over, it is not something we do not pay attention to. It is something we give a lot of time and effort to study, learn and figure out what is best. To abdicate control of that would be an abdication of our responsibility as a Legislature and an abdication of our responsibilities of the powers of the purse. I think it would be a horrible mistake to let that control pass. So, therefore, I rise in strong support of this amendment.
Assemblywoman Chowning:
Thank you, Mr. Speaker. I would just like to remind, to clarify too, my colleague from District 37 and other members of the body. If they would look at page 2, lines 25-27. Therein lies the final step of approval. That is with the Interim Finance Committee. If this committee approves, then the school district may carry out a demonstration project. That means “they may” without the final legislative approval as a body. It puts the process in the hands of the Interim Finance Committee to allow a school district to raise the class-size reduction to 22 to 1. If this is a meritorious measure, as many people feel, then the school districts should bring it to the legislative body, as a whole, as Elko did. Then everyone can make the decision, not a select committee. Thank you.
Assemblyman Beers:
Thank you, Mr. Speaker, for recognizing me a second time. 22 to 1 is a reduction in class size for my child, in all elementary school grades. It is not an increase. It’s a reduction. This is a failed program. There are no test results anywhere in this state that indicate it is worthwhile. I’m not advocating we reduce the teachers we have in the classroom, just that we equalize to the level we all grew up with, which is roughly 22-24 to 1.
Assemblyman Williams:
Thank you, Mr. Speaker. To you and through you to the previous speaker. We must remember that this is not a question of whether or not class-size reduction is working or not. This is not a question of how class-size reduction should be handled. The question in this piece of legislation is one thing: should we do it as a Legislature? Should we change it or should the Board of Examiners, Interim Finance and the Legislative Bureau on Education change it. The question with this bill is whether any statistics prove class-size reduction works or doesn’t work, whether it should be 22 to 1, whether it should be 18 to 1, whether it should be 8 to 1. That is not the question this body faces at this hour. At this hour, the question is who should make changes in class-size reduction, the Legislature or someone else? We started class-size reduction in this state. If we determine that it’s not working, that it’s a failure or it’s a success, we make that decision—the Legislature. Our question, today, when we push this button or we raise our voice to support this amendment or to not support this amendment, is who makes the changes in class-size reduction. My colleague is missing that point. Whether your child is a he or a she, whether it’s 22 to 1 or 16 to 1, that’s not the question we have before us today. The Committee on Education amended the bill to take out Section 1 because the Senate sent us a bill that said class-size reduction should be changed by other than those who have the power to do it—the Legislature. This amendment rejected that. I urge my colleagues to reject that. Mr. Speaker, if in fact the debate on whether class-size reduction should be changed, that should come to you and the Legislature, not to someone else. I urge my colleagues to adopt this amendment, to place in control the body that started class-size reduction and the body that should change class-size reduction if we choose to. That is our question today. I urge my colleagues to support this amendment.
Assemblywoman Angle:
Thank you, Mr. Speaker, for recognizing me a second time. I believe that the actual point of this is that we are permitting two more districts to go to the same pilot that Elko has been doing successfully. We have also said our Interim Finance Committee, which is us, the Legislature, will have the final say on whether they may do this or not. So, I feel like we have the proper controls here. We are allowing this experiment to be expanded and we are asking for those wonderful results that Elko has seen, to happen in our two largest districts. We are asking, with this bill, to be allowed to give mitigation to other districts. The same we have allowed for Elko, and that is to go to that 22 to 1 ratio, all the way through their elementary schools. I urge you to reject this amendment. Thank you, Mr. Speaker.
Assemblyman Williams:
Thank you, Mr. Speaker. To you and to my colleague who just responded. You must remember Elko came to us asking for this pilot. The two districts that you mentioned, Clark and Washoe, as of 12:24 p.m. today, have not come to us. Clark County has not come to this body, nor has Washoe, asking for permission to do what Elko has done. This bill is not asking or requesting Clark or Washoe to do that because Clark and Washoe has not asked us to do this. What this bill is doing, in its original form is asking for a backdoor approach to scrutinize and eliminate, if you will, class size reduction by the way of a body that is not designed to do this. The Board of Examiners? You look at their description of what they do in this State, it is not to do anything with class size reduction. The Legislature does that. Legislative Bureau of Education? In case my colleagues don’t know, that is staff. I don’t think anywhere in the history of our state has staff got into a position to change and create legislation. It doesn’t happen. The Legislature does that. So what we are asking for is to retain the power of changing class size reduction to the Legislature. That is our duty. The committee felt that since no other school district other than Elko has come to us to look at a pilot and in fact, the pilot that Elko is now operating was done through the legislative process. That is our job. Again, for the final time, this amendment is only to allow Elko to continue the process they asked for. No other school district has done so. I would hope that in fact if we ever change this class-size reduction plan in Nevada, it is done through the two houses of the Legislature. This amendment will reject anyone else from trying to do that. That is our job.
Assemblyman Goldwater, Oceguera and Manendo moved the previous question.
The question being on the adoption of Amendment No. 973 to Senate Bill No. 127:
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 243.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 971.
Amend section 1, page 2, by deleting lines 30 through 43 and inserting:
“leave of absence to accept employment with the charter school. After the first school year in which an employee is on a leave of absence, he may return to his former teaching position with the board of trustees. After the third school year, an employee who is on a leave of absence may submit a written request to the board of trustees to return to a comparable teaching position with the board of trustees. After the sixth school year, an employee shall either submit a written request to return to a comparable teaching position or resign from the position for which his leave was granted. The board of trustees shall grant a written request to return to a comparable position pursuant to this subsection even if the return of the employee requires the board of trustees to reduce the existing work force of the school district. The board of trustees may require that a request to return to”.
Assemblyman Williams moved the adoption of the amendment.
Remarks by Assemblyman Williams.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 500.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 976.
Amend the bill as a whole by deleting sections 7 and 8 and adding a new section designated sec. 7, following sec. 6, to read as follows:
“Sec. 7. This act becomes effective on July 1, 2001.”.
Amend the title of the bill by deleting the fifth through eighth lines and inserting:
“authorizing agreements for an exchange of interest rates;”.
Assemblyman Williams moved the adoption of the amendment.
Remarks by Assemblyman Williams.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to the Concurrent Committee on Ways and Means.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:23 p.m.
ASSEMBLY IN SESSION
At 1:02 p.m.
Mr. Speaker presiding.
Quorum present.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 564, 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
general file and third reading
Senate Bill No. 65.
Bill read third time.
The following amendment was proposed by Assemblyman Dini:
Amendment No. 998.
Amend sec. 3, page 3, line 45, after “year.” by inserting:
“The chairmanship and vice chairmanship of the committee must alternate each biennium between the houses of the legislature.”.
Amend the bill as a whole by renumbering sec. 5 as sec. 6 and adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. For purposes of electing a chairman and vice chairman of the legislative committee for local government taxes and finances for the term beginning on July 1, 2001:
1. The elected chairman must not be a member of the same house of the legislature as the chairman of the legislative committee to study the distribution among local governments of revenue from state and local taxes whose term expires on July 1, 2001; and
2. The elected vice chairman must not be a member of the same house of the legislature as the vice chairman of the legislative committee to study the distribution among local governments of revenue from state and local taxes whose term expires on July 1, 2001.”.
Assemblyman Dini moved the adoption of the amendment.
Remarks by Assemblyman Dini.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Koivisto moved that Senate Bill No. 352 be taken from the General File and placed at the top of the General File.
Motion carried.
general file and third reading
Senate Bill No. 352.
Bill read third time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 1035.
Amend section 1, page 2, by deleting lines 4 through 14 and inserting:
“frozen desserts which are regulated under chapter 584 of NRS;
(g) The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of NRS who handles only [those] alcoholic beverages which are in sealed containers.”.
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. 99.
Bill read third time.
Remarks by Assemblyman Dini.
Roll call on Senate Bill No. 99:
Yeas—42.
Nays—None.
Senate Bill No. 99 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 125.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 125:
Yeas—42.
Nays—None.
Senate Bill No. 125 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 133.
Bill read third time.
Remarks by Assemblymen Goldwater, Freeman, Carpenter, Brower, Dini, and Leslie.
Roll call on Senate Bill No. 133:
Yeas—30.
Nays—Berman, Brower, Brown, Carpenter, Cegavske, Collins, de Braga, Dini, Gibbons, Humke, Parnell, Von Tobel—12.
Senate Bill No. 133 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 257.
Bill read third time.
Remarks by Assemblymen Chowning, Dini, Carpenter and Oceguera.
Potential conflict of interest declared by Assemblyman Oceguera.
Roll call on Senate Bill No. 257:
Yeas—38.
Nays—Bache, Goldwater, Leslie, Perkins—4.
Senate Bill No. 257 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 265.
Bill read third time.
Remarks by Assemblymen Bache, Freeman, Mortenson, Berman and Hettrick.
Potential conflict on interest declared by Assemblywoman Berman.
Roll call on Senate Bill No. 265:
Yeas—35.
Nays—Anderson, Brown, Freeman, Leslie, Manendo, Perkins, Price—7.
Senate Bill No. 265 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 286
Bill read third time.
Remarks by Assemblyman Anderson.
Assemblyman Anderson moved that Senate Bill No. 286 be taken from the General File and placed on the Chief Clerk’s desk.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Williams moved that Senate Bill No. 543 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Williams.
Motion carried.
Assemblywoman Giunchigliani moved that Assembly Bill No. 122 be taken from the Chief Clerk's desk and placed at the top of the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Assemblyman Bache moved that Senate Bill No. 487 be taken from the Chief Clerk's desk and placed at the top of the General File.
Remarks by Assemblyman Bache.
Motion carried.
general file and third reading
Senate Bill No. 487.
Bill read third time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 787.
Amend sec. 3, page 6, by deleting lines 17 and 18 and inserting:
“355.170 1. Except as otherwise provided in this section, NRS 354.750 and section 1 of [this act,] Assembly Bill No. 96 of this session, a board of county commissioners, a board of trustees of a county”.
Amend sec. 3, page 6, line 42, 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. 3, page 6, line 45, by deleting “(h)” and inserting “(i)”.
Amend sec. 3, page 7, line 3, by deleting “(i)” and inserting “(j)”.
Amend sec. 3, page 7, line 8, by deleting “(j)” and inserting “(k)”.
Amend sec. 3, page 7, line 21, by deleting “(k)” and inserting “(l)”.
Amend sec. 3, page 7, 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 sec. 3, page 7, line 28, by deleting “(l)” and inserting “(m)”.
Amend sec. 8, page 14, by deleting line 44 and inserting:
“Sec. 8. 1. This section and sections 1, 2 and 4 to 7, inclusive, of this act become effective on July 1, 2001.
2. Section 3 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
The following amendment was proposed by Assemblyman Bache:
Amendment No. 1037.
Amend sec. 4, page 10, line 18, by deleting “50” and inserting “25”.
Amend the bill as a whole by deleting sec. 7 and inserting:
“Sec. 7. (Deleted by amendment.)”.
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. 122.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1029.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any public officer or employee of the state or any agency thereof, or of a political subdivision or an agency of a political subdivision, who is an emergency communications technician must be relieved from his duties, upon the request of the division of emergency management of the department of motor vehicles and public safety or a local organization for emergency management and the approval of his employer, to assist the division or local organization for emergency management during a disaster or emergency that occurs in this state, California, Oregon, Idaho, Utah or Arizona, without loss of his regular compensation for a period of not more than 15 working days in any calendar year. No such absence may be a part of the annual vacation of the public officer or employee which is provided for by law.
2. As used in this section:
(a) “Disaster” has the meaning ascribed to it in NRS 414.0335.
(b) “Emergency” has the meaning ascribed to it in NRS 414.0345.
(c) “Emergency communications technician” means a person who is:
(1) Licensed by the Federal Communications Commission as an amateur radio operator; and
(2) A member of:
(I) The Radio Amateur Civil Emergency Service or a successor organization sponsored by the agency of the Federal Government for emergency management; or
(II) The Amateur Radio Emergency Service or a successor organization sponsored by the American Radio Relay League or its successor.
(d) “Local organization for emergency management” has the meaning ascribed to it in NRS 414.036.”.
Amend section 1, page 2, by deleting line 15 and inserting:
“(b) For his unused”.
Amend section 1, page 2, by deleting lines 21 and 22.
Amend the bill as a whole by renumbering sec. 3 as sec. 5 and adding a new section designated sec. 4, following sec. 2, to read as follows:
“Sec. 4. Notwithstanding the provisions of subsection 6 of NRS 284.3621, if a state employee to whom NRS 284.355 applies transferred between July 1, 1998, and July 1, 2001, any amount of his unused sick leave accrued but not carried forward to an account for catastrophic leave established pursuant to NRS 284.3621, the employee may, before January 1, 2002, request his appointing authority to transfer to his account for his unused sick leave accrued but not carried forward an amount of his unused sick leave that he is entitled to carry forward pursuant to subsection 1 of NRS 284.355 that is equal to the amount of his unused sick leave that he transferred to an account for catastrophic leave during that period, less any unused sick leave returned to the employee from an account for catastrophic leave pursuant to subsection 5 of NRS 284.3621. Upon receipt of such a request, the appointing authority of the employee shall cause the transfer of such sick leave before July 1, 2002.”.
Amend the title of the bill, first line, by deleting “state employees;” and inserting:
“public employees; authorizing a leave of absence for certain public officers and employees to assist the division of emergency management of the department of motor vehicles and public safety or a local organization for emergency management during a disaster or emergency;”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywomen Giunchigliani and Koivisto.
Potential conflict of interest declared by Assemblywoman Koivisto.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 535.
Bill read third time.
Remarks by Assemblyman de Braga.
Roll call on Senate Bill No. 535:
Yeas—42.
Nays—None.
Senate Bill No. 535 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 551.
Bill read third time.
Roll call on Senate Bill No. 551:
Yeas—42.
Nays—None.
Senate Bill No. 551 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 553.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 553:
Yeas—42.
Nays—None.
Senate Bill No. 553 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Joint Resolution No. 13.
Resolution read third time.
Remarks by Assemblyman Ohrenschall.
Roll call on Senate Joint Resolution No. 13:
Yeas—42.
Nays—None.
Senate Joint Resolution No. 13 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Senate Bill No. 377.
Bill read third time.
Remarks by Assemblywoman Koivisto.
Roll call on Senate Bill No. 377:
Yeas—42.
Nays—None.
Senate Bill No. 377 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 466.
Bill read third time.
Roll call on Senate Bill No. 466:
Yeas—42.
Nays—None.
Senate Bill No. 466 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which was referred Senate Bill No. 320, 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
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Senate Bill No. 489, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
REPORTS OF select COMMITTEES
Mr. Speaker:
Your Select Committee on Energy, to which was referred Senate Bill No. 362, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Senate Bills Nos. 320, 362 and 489 be placed on the Second Reading File.
Motion carried.
Assemblywoman Buckley moved that vetoed Assembly Bill No. 481 of the 71st Session be made a Special Order of Business for Wednesday, May 30, 2001 at 11:15 a.m.
Motion carried.
Assemblywoman Buckley moved that Assembly Joint Resolution No. 9 be taken from the Chief Clerk’s desk and placed on the General File.
Motion carried.
Assemblywoman Von Tobel moved that Senate Bill No. 395 be taken from the Chief Clerk’s desk and placed on the General File.
Remarks by Assemblywoman Von Tobel.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 320.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 974.
Amend the bill as a whole by deleting sections 1 through 41 and adding new sections designated sections 1 through 18, following the enacting clause, to read as follows:
“Section 1. Chapter 683A of NRS is hereby amended by adding thereto a new section to read as follows:
1. An external review organization shall not conduct an external review of a final adverse determination pursuant to sections 4 to 12, inclusive, of this act unless it is certified in accordance with regulations adopted by the commissioner. The regulations must include, without limitation, provisions setting forth:
(a) The manner in which an external review organization may apply for a certificate and the requirements for the issuance and renewal of the certificate pursuant to this section;
(b) The grounds for which the commissioner may refuse to issue, suspend, revoke or refuse to renew a certificate issued pursuant to this section; and
(c) The manner and circumstances under which an external review organization is required to conduct its business.
2. A certificate issued pursuant to this section expires 1 year after it is issued and may be renewed in accordance with regulations adopted by the commissioner.
3. Except as otherwise provided in subsection 6, before the commissioner may certify an external review organization, the external review organization must:
(a) Demonstrate to the satisfaction of the commissioner that it is able to carry out, in a timely manner, the duties of an external review organization set forth in this section and sections 4 to 12, inclusive, of this act. The demonstration must include, without limitation, proof that the external review organization employs, contracts with or otherwise retains only persons who are qualified because of their education, training, professional licensing and experience to perform the duties assigned to those persons; and
(b) Provide assurances satisfactory to the commissioner that the external review organization will:
(1) Conduct its external review activities in accordance with the provisions of this section and sections 4 to 12, inclusive, of this act;
(2) Provide its determinations in a clear, consistent, thorough and timely manner; and
(3) Avoid conflicts of interest.
4. For the purposes of this section, an external review organization has a conflict of interest if the external review organization or any employee, agent or contractor of the external review organization who conducts an external review has a material professional, familial or financial interest in any person who has a substantial interest in the outcome of the external review, including, without limitation:
(a) The insured;
(b) The insurer or any officer, director or management employee of the insurer;
(c) The provider of health care services that are provided or proposed to be provided, his partner or any other member of his medical group or practice;
(d) The hospital or other licensed health care facility where the health care service or treatment that is subject to external review has been or will be provided; or
(e) A developer, manufacturer or other person who has a substantial interest in the principal procedure, equipment, drug, device or other instrumentality that is the subject of the external review.
5. The commissioner shall not certify an external review organization that is affiliated with:
(a) A health care plan; or
(b) A national, state or local trade association.
6. An external review organization that is certified or accredited by an accrediting body that is nationally recognized shall be deemed to have satisfied all the conditions and qualifications required for certification pursuant to this section.
7. The commissioner may charge and collect a fee for issuing or renewing a certificate of an external review organization pursuant to this section. The fee must not exceed the cost of issuing or renewing the certificate.
8. The commissioner shall annually prepare and make available to the general public a list that includes the name of each external review organization which is issued a certificate or whose certificate is renewed pursuant to this section during the year immediately preceding the year in which the commissioner prepares the list.
9. As used in this section:
(a) “External review organization” has the meaning ascribed to it in section 6 of this act.
(b) “Final adverse determination” has the meaning ascribed to it in section 7 of this act.
(c) “Provider of health care” means any physician or other person who is licensed, certified or otherwise authorized in this state or any other state to provide any health care service.
Sec. 2. NRS 695C.260 is hereby amended to read as follows:
695C.260 [Every] Each health maintenance organization shall establish [a] :
1. A complaint system which complies with the provisions of NRS 695G.200 to 695G.230, inclusive[.] ; and
2. A system for conducting external reviews of final adverse determinations that complies with the provisions of sections 4 to 12, inclusive, of this act.
Sec. 3. Chapter 695G of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 12, inclusive, of this act.
Sec. 4. “Authorized representative” means a person who has obtained the consent of an insured to represent him in an external review of a final adverse determination conducted pursuant to sections 4 to 12, inclusive, of this act.
Sec. 5. “Clinical peer” means a physician who is:
1. Engaged in the practice of medicine; and
2. Certified or is eligible for certification by the board of medical examiners in the same or similar area of practice as is the health care service that is the subject of a final adverse determination.
Sec. 6. “External review organization” means an organization that:
1. Conducts an external review of a final adverse determination;
2. Is certified by the commissioner in accordance with section 1 of this act; and
3. Has contracted with the director of the office for consumer health assistance to conduct external reviews of final adverse determinations pursuant to subsection 8 of NRS 223.560.
Sec. 7. “Final adverse determination” means a final decision of a managed care organization to deny, reduce or terminate coverage for health care services or to deny payment for those services concerning a complaint filed pursuant to NRS 695G.200 because the health care services were determined to be:
1. Not medically necessary; or
2. Experimental or investigational.
The term does not include a determination relating to a claim for
workers’ compensation pursuant to chapters 616A to 617, inclusive, of NRS.
Sec. 8. “Medically necessary” means health care services or products that a prudent physician would provide to a patient to prevent, diagnose or treat an illness, injury or disease or any symptoms thereof that are:
1. Provided in accordance with generally accepted standards of medical practice;
2. Clinically appropriate with regard to type, frequency, extent, location and duration; and
3. Not primarily provided for the convenience of the patient, physician or other provider of health care.
Sec. 8.3. “Office for consumer health assistance” means the office for consumer health assistance in the office of the governor.
Sec. 8.5. In carrying out its duties set forth in sections 4 to 12, inclusive, of this act, each managed care organization shall adopt procedures to ensure that the organization and its employees cooperate fully with an external review organization that is conducting a review of a final adverse determination or conducting a review pursuant to section 10.5 of this act, including, without limitation, providing all documents and materials relating to the determination in an accurate, fair, impartial and complete manner.
Sec. 9. 1. Except as otherwise provided in section 10.5 of this act, if an insured or a physician of an insured receives notice of a final adverse determination from a managed care organization concerning the insured, and if the insured is required to pay $500 or more for the health care services that are the subject of the final adverse determination, the insured, the physician of the insured or an authorized representative may, within 60 days after receiving notice of the final adverse determination, submit a request to the managed care organization for an external review of the final adverse determination.
2. Within 5 days after receiving a request pursuant to subsection 1, the managed care organization shall notify the insured, his authorized representative or his physician, the agent who performed utilization review for the managed care organization, if any, and the office for consumer health assistance that the request has been filed with the managed care organization.
3. Within 5 days after receiving a notification pursuant to subsection 2, the office for consumer health assistance shall:
(a) Randomly select an external review organization to conduct an external review of the final adverse determination;
(b) Notify the external review organization that it has been selected to conduct the external review; and
(c) Notify the insured, his authorized representative or his physician, the agent who performed utilization review for the managed care organization, if any, and the managed care organization of the external review organization selected to conduct the external review.
4. Upon notification by the office for consumer health assistance of the external review organization selected pursuant to subsection 3, the managed care organization shall provide to the external review organization all documents and other materials relating to the final adverse determination, including, without limitation:
(a) Any medical records of the insured relating to the external review;
(b) A copy of the provisions of the health care plan upon which the final adverse determination was based;
(c) Any documents used by the managed care organization to make the final adverse determination;
(d) A statement of the reasons for the final adverse determination; and
(e) Insofar as practicable, a list that specifies each provider of health care who has provided health care to the insured and the medical records of the provider of health care relating to the external review.
Sec. 10. 1. Except as otherwise provided in section 10.5 of this act, upon receipt of a request for an external review pursuant to section 9 of this act, the external review organization shall, within 5 days after receiving the request:
(a) Review the request and the documents and materials submitted pursuant to section 9 of this act; and
(b) Notify the insured, his physician and the managed care organization if any additional information is required to conduct a review of the final adverse determination.
2. The external review organization shall approve, modify or reverse the final adverse determination within 15 days after it receives the information required to make that determination pursuant to this section. The external review organization shall submit a copy of its determination, including the reasons therefor, to:
(a) The insured;
(b) The physician of the insured;
(c) The authorized representative of the insured, if any;
(d) The managed care organization; and
(e) The director of the office for consumer health assistance.
3. In making a determination pursuant to this section, an external review organization or any clinical peer who conducts or participates in an external review of a final adverse determination for the external review organization shall consider, without limitation:
(a) The medical records of the insured;
(b) Any recommendations of the physician of the insured;
(c) Any generally accepted medical guidelines, including guidelines established by the Federal Government or any national or professional society, board or association that establishes such guidelines, if approved by the commissioner for consideration by the external review organization; and
(d) Any applicable criteria relating to utilization review established and used by the managed care organization or the agent it designates to perform utilization review.
Sec. 10.5. 1. If a managed care organization receives a request pursuant to subsection 1 of section 9 of this act and proof from the insured’s provider of health care that failure to proceed in an expedited manner may jeopardize the life or health of the insured, the managed care organization shall, not later than 72 hours after it receives such proof:
(a) Notify the insured, his authorized representative or his physician, the agent who performed utilization review for the managed care organization, if any, and, except as otherwise provided in subsection 6, the office for consumer health assistance that the request has been filed with the managed care organization; and
(b) Except as otherwise provided in subsection 6, provide to the office for consumer health assistance all documents and other materials set forth in subsection 4 of section 9 of this act.
2. Not later than 1 working day after being notified by a managed care organization pursuant to subsection 1 that a request for an expedited review has been filed, the office for consumer health assistance shall:
(a) Randomly select an external review organization to conduct an external review of the final adverse determination;
(b) Notify the external review organization that it has been selected to conduct the external review and provide the documents and other materials it received from the managed care organization pursuant to paragraph (b) of subsection 1 to the external review organization; and
(c) Notify the insured, his authorized representative or his physician, the agent who performed utilization review for the managed care organization, if any, and the managed care organization of the external review organization selected to conduct the external review.
3. An external review organization that receives a request for an external review pursuant to subsection 2 shall, not later than 2 working days after receiving the request, approve, modify or reverse the final adverse determination, unless the managed care organization and the insured or his authorized representative consent to a longer period of time. The external review organization shall, not later than 1 working day after the external review is completed, provide notification of its determination by telephone, including the reasons therefor, to:
(a) The insured;
(b) The physician of the insured;
(c) The authorized representative of the insured, if any;
(d) The managed care organization; and
(e) The director of the office for consumer health assistance.
4. Not later than 5 working days after the external review is completed, the external review organization shall provide its determination, including the reasons therefor, in writing to the persons listed in subsection 3.
5. In making a determination pursuant to this section, an external review organization or any clinical peer who conducts or participates in an external review of a final adverse determination for the external review organization shall consider the list of considerations set forth in subsection 3 of section 10 of this act.
6. The office for consumer health assistance shall make reasonable arrangements to be available 24 hours a day, 7 days a week, including weekends and holidays, to receive a notice, documents and other materials pursuant to subsection 1. If the managed care organization that is required to provide a notice pursuant to subsection 1 finds that the office for consumer health assistance is not available to receive the notice, the managed care organization shall provide the notice and any documents and other materials to the division of mental health and developmental services of the department of human resources. If the division of mental health and developmental services receives a notice, documents or other materials pursuant to this subsection, it shall forward them to the office for consumer health assistance the following business day.
7. Any notice or other information required to be provided pursuant to this section must be sent by the most expeditious method possible, including, without limitation, facsimile or electronic mail, or conveyed orally by telephone.
Sec. 11. 1. If the decision of an external review organization on a request for external review is in favor of the insured, the decision is final, conclusive and binding upon the managed care organization.
2. An external review organization or any clinical peer who conducts or participates in an external review of a final adverse determination for the external review organization is not liable in a civil action for damages relating to a determination made by the external review organization if the determination is made in good faith.
3. The cost of conducting an external review of a final adverse determination pursuant to sections 4 to 12, inclusive, of this act must be paid to the office for consumer assistance by the managed care organization that made the final adverse determination.
Sec. 12. In lieu of resolving a complaint of an insured in accordance with a system for resolving complaints established pursuant to the provisions of NRS 695G.200, a managed care organization may:
1. Submit the complaint to an external review organization pursuant to the provisions of sections 4 to 12, inclusive, of this act; or
2. If a federal law or regulation provides a procedure for submitting the complaint for resolution that the commissioner determines is substantially similar to the procedure for submitting the complaint to an external review organization pursuant to sections 4 to 12, inclusive, of this act, submit the complaint for resolution in accordance with the federal law or regulation.
Sec. 13. NRS 695G.010 is hereby amended to read as follows:
695G.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 695G.020 to 695G.080, inclusive, and sections 4 to 8.3, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 14. NRS 695G.210 is hereby amended to read as follows:
695G.210 1. [A] Except as otherwise provided in section 12 of this act, a system for resolving complaints created pursuant to NRS 695G.200 must include, without limitation, an initial investigation, a review of the complaint by a review board and a procedure for appealing a determination regarding the complaint. The majority of the members of the review board must be insureds who receive health care services from the managed care organization.
2. Except as otherwise provided in subsection 3, a review board shall complete its review regarding a complaint or appeal and notify the insured of its determination not later than 30 days after the complaint or appeal is filed, unless the insured and the review board have agreed to a longer period . [of time.]
3. If a complaint involves an imminent and serious threat to the health of the insured, the managed care organization shall inform the insured immediately of his right to an expedited review of his complaint. If an expedited review is required, the review board shall notify the insured in writing of its determination within 72 hours after the complaint is filed.
4. Notice provided to an insured by a review board regarding a complaint must include, without limitation, an explanation of any further rights of the insured regarding the complaint that are available under his health care plan.
Sec. 15. NRS 695G.230 is hereby amended to read as follows:
695G.230 1. [Following] After approval by the commissioner, each managed care organization shall provide a written notice to an insured, in clear and comprehensible language that is understandable to an ordinary layperson, explaining the right of the insured to file a written complaint and to obtain an expedited review pursuant to NRS 695G.210. Such a notice must be provided to an insured:
(a) At the time he receives his certificate of coverage or evidence of coverage;
(b) Any time that the managed care organization denies coverage of a health care service or limits coverage of a health care service to an insured; and
(c) Any other time deemed necessary by the commissioner.
2. [Any time that] If a managed care organization denies coverage of a health care service to an insured, including, without limitation, a health maintenance organization that denies a claim related to a health care plan pursuant to NRS 695C.185, it shall notify the insured in writing within 10 working days after it denies coverage of the health care service of:
(a) The reason for denying coverage of the service;
(b) The criteria by which the managed care organization or insurer determines whether to authorize or deny coverage of the health care service; [and]
(c) His right to [file] :
(1) File a written complaint and the procedure for filing such a complaint[.] ;
(2) Appeal a final adverse determination pursuant to sections 4 to 12, inclusive, of this act;
(3) Receive an expedited external review of a final adverse determination if the managed care organization receives proof from the insured’s provider of health care that failure to proceed in an expedited manner may jeopardize the life or health of the insured, including notification of the procedure for requesting the expedited external review; and
(4) Receive assistance from any person, including an attorney, for an external review of a final adverse determination; and
(d) The telephone number of the office for consumer health assistance.
3. A written notice which is approved by the commissioner shall be deemed to be in clear and comprehensible language that is understandable to an ordinary layperson.
Sec. 16. NRS 223.560 is hereby amended to read as follows:
223.560 The director shall:
1. Respond to written and telephonic inquiries received from consumers and injured employees regarding concerns and problems related to health care and workers’ compensation;
2. Assist consumers and injured employees in understanding their rights and responsibilities under health care plans and policies of industrial insurance;
3. Identify and investigate complaints of consumers and injured employees regarding their health care plans and policies of industrial insurance and assist those consumers and injured employees to resolve their complaints, including, without limitation:
(a) Referring consumers and injured employees to the appropriate agency, department or other entity that is responsible for addressing the specific complaint of the consumer or injured employee; and
(b) Providing counseling and assistance to consumers and injured employees concerning health care plans and policies of industrial insurance;
4. Provide information to consumers and injured employees concerning health care plans and policies of industrial insurance in this state;
5. Establish and maintain a system to collect and maintain information pertaining to the written and telephonic inquiries received by the office;
6. Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the director pursuant to this section; [and]
7. In appropriate cases and pursuant to the direction of the governor, refer a complaint or the results of an investigation to the attorney general for further action[.] ; and
8. On or before January 1 of each year, and in accordance with regulations adopted by the commissioner of insurance, contract with at least two external review organizations that are certified by the commissioner of insurance pursuant to section 1 of this act to conduct external reviews of final adverse determinations in accordance with the provisions of sections 4 to 12, inclusive, of this act. A contract entered into pursuant to this subsection may be renewed by the director.
Sec. 17. NRS 223.580 is hereby amended to read as follows:
223.580 On or before February 1 of each year, the director shall submit a written report to the governor, and to the director of the legislative counsel bureau for transmittal to the appropriate committee or committees of the legislature. The report must include, without limitation:
1. A statement setting forth the number and geographic origin of the written and telephonic inquiries received by the office and the issues to which those inquiries were related;
2. A statement setting forth the type of assistance provided to each consumer and injured employee who sought assistance from the director, including, without limitation, the number of referrals made to the attorney general pursuant to subsection 7 of NRS 223.560; [and]
3. A statement setting forth the disposition of each inquiry and complaint received by the director[.] ; and
4. A statement setting forth the number of external reviews conducted by external review organizations pursuant to sections 4 to 12, inclusive, of this act and the disposition of each of those reviews.
Sec. 18. This act becomes effective upon passage and approval for the purpose of adopting regulations by the commissioner of insurance to carry out the provisions of this act and on July 1, 2002, for all other purposes.”.
Amend the title of the bill to read as follows:
“AN ACT relating to health care; requiring an external review organization to be certified by the commissioner of insurance before conducting an external review of a final adverse determination of a managed care organization or health maintenance organization; authorizing an insured under certain health care plans to submit to a managed care organization or health maintenance organization a request for such a review under certain circumstances; requiring an external review organization to approve, modify or reverse a final adverse determination within a certain period; providing that an external review organization is not liable in a civil action for damages relating to a determination issued by the external review organization under certain circumstances; requiring the director of the office for consumer health assistance in the office of the governor to contract with certain external review organizations; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for external review of certain determinations made by managed care and health maintenance organizations. (BDR 57‑676)”.
Amend the bill as a whole by adding the following assemblywoman as a primary joint sponsor:
Assemblywoman Buckley.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 362.
Bill read second time.
The following amendment was proposed by the Select Committee on Energy:
Amendment No. 955.
Amend sec. 4, page 2, by deleting lines 1 through 3 and inserting:
“Sec. 4. 1. “Other permitting entity” means any state or local entity:
(a) That is responsible for the enforcement of environmental laws and”.
Amend sec. 4, page 2, line 8, by deleting “2.” and inserting “(b)”.
Amend sec. 4, page 2, between lines 12 and 13, by inserting:
“2. The term does not include the commission or the state engineer.”.
Amend sec. 8, page 3, line 16, by deleting “that” and inserting “the”.
Amend sec. 8, page 3, line 23, before “application” by inserting “amended”.
Amend sec. 11, page 4, by deleting lines 30 and 31 and inserting:
“construction of the utility facility, file with the commission and each other permitting entity an application, in such a form as the commission or other permitting entity prescribes, containing:”.
Amend sec. 11, page 4, by deleting lines 37 through 39 and inserting:
“statement relating to the construction of the utility facility:
(1) File with the commission an amended application that complies with the provisions of subsection 1; and
(2) File with each other permitting entity an amended application for a permit, license or other approval for the construction of the utility facility.”.
Amend sec. 11, page 4, line 40, before “must” by inserting:
“filed with the commission”.
Amend sec. 11, page 4, line 43, before “must” by inserting:
“filed with the commission”.
Amend sec. 12, page 5, line 13, by deleting “[30] 15” and inserting “30”.
Amend sec. 12, page 5, line 18, by deleting “[30] 15” and inserting “30”.
Amend sec. 12, page 5, line 27, by deleting “[30] 15” and inserting “30”.
Amend sec. 12, page 5, line 30, by deleting “[30] 15” and inserting “30”.
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. 489.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 859.
Amend sec. 50, page 24, line 13, by deleting “and”.
Amend sec. 50, page 24, line 14, by deleting “crime.” and inserting:
“crime; and
(5) The advisory council for prosecuting attorneys.”.
Amend sec. 53, page 25, line 18, by deleting “either”.
Amend sec. 53, page 25, lines 35 and 40, by deleting “own”.
Amend sec. 53, page 26, line 10, by deleting “own”.
Amend sec. 53, page 26, lines 11 and 12, by deleting:
“bureau of alcohol and drug abuse in” and inserting:
“health division of”.
Amend sec. 53, page 26, line 21, by deleting:
“For the purposes of” and inserting:
“As used in”.
Amend sec. 73, page 34, line 40, by deleting “49” and inserting “49, 51”.
Amend sec. 73, page 34, between lines 41 and 42, by inserting:
“3. Section 50 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
general file and third reading
Assembly Joint Resolution No. 9.
Resolution read third time.
Remarks by Assemblymen Price and Gustavson.
Roll call on Assembly Joint Resolution No. 9:
Yeas—31.
Nays—Arberry, Buckley, Freeman, Giunchigliani, Goldwater, Koivisto, Leslie, McClain, Oceguera, Ohrenschall—10.
excused—Beers.
Assembly Joint Resolution No. 9 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Senate Bill No. 395.
Bill read third time.
The following amendment was proposed by the Assemblywoman Von Tobel:
Amendment No. 1034.
Amend section 1, page 2, by deleting lines 15 through 18 and inserting:
“M.] south along center 1/4 section line through sections 3, 10, 15 and 22 to the south quarter corner of section 22, T. 20 S., R. 54 E.; thence east along the north boundary of sections 27, 26 and 25, T. 20 S., R. 54 E. to the range line between Ranges 54 and 55 E., M.D.B. & M.; thence southerly along that range line to the northeast corner of the SE 1/4 of the SE 1/4 of section 12, T. 21 S., R. 54 E.; thence westerly along the north line of the S 1/2 of the S 1/2 of said section 12 to the northeast corner of the SE 1/4 of the SE 1/4 of section 11, T. 21 S., R. 54 E.; thence westerly along the north line of said SE 1/4 of the SE 1/4 of section 11 to the northwest corner of said SE 1/4 of the SE 1/4 of section 11; thence southerly along the west line of said SE 1/4 of the SE 1/4 of section 11 to the southwest corner of said SE 1/4 of the SE 1/4 of section 11; thence easterly along the south line of sections 11 and 12, T. 21 S., R. 54 E., to the range line between Ranges 54 and 55 E., M.D.B. & M.; thence southerly along that range line to the intersection of the state line between Nevada and California.”.
Assemblywoman Von Tobel moved the adoption of the amendment.
Remarks by Assemblymen Von Tobel, Neighbors, Bache, Tiffany and Anderson.
Amendment lost.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 2:13 p.m.
ASSEMBLY IN SESSION
At 2:27 p.m.
Mr. Speaker presiding.
Quorum present.
Senate Bill No. 395.
Bill read third time.
Remarks by Assemblymen Bache, Smith, Arberry and Neighbors.
Roll call on Senate Bill No. 395:
Yeas—33.
Nays—Angle, Bache, Beers, Brower, Giunchigliani,
Gustavson, Humke, Smith,
Von Tobel—9.
Senate Bill No. 395 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Dini moved that Senate Bill No. 330 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Dini.
Motion carried.
Assemblywoman Giunchigliani moved that Senate Bill No. 565 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
general file and third reading
Senate Bill No. 330.
Bill read third time.
Roll call on Senate Bill No. 330:
Yeas—42.
Nays—None.
Senate Bill No. 330 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 565.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 1061.
Amend section 1, page 1, line 6, by deleting “may” and inserting “shall”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Senate Bill No. 425, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Senate Bill No. 425 be placed on the Second Reading File.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 425.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 914.
Amend sec. 2, page 1, line 3, by deleting “On” and inserting:
“Except as otherwise provided in section 4.5 of this act, on”.
Amend sec. 2, page 1, by deleting lines 9 and 10 and inserting:
“unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The board of county commissioners complies with the provisions of section 5 of this act.”.
Amend sec. 3, page 1, line 11, by deleting “On” and inserting:
“Except as otherwise provided in section 4.5 of this act, on”.
Amend sec. 3, page 1, by deleting lines 17 and 18 and inserting:
“unless:
(a) The public utility willingly agrees to the acquisition or expansion; and
(b) The board of county commissioners complies with the provisions of section 5 of this act.”.
Amend sec. 4, page 2, line 4, by deleting “On” and inserting:
“Except as otherwise provided in section 4.5 of this act, on”.
Amend sec. 4, page 2, by deleting lines 10 and 11 and inserting:
“unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The board of county commissioners complies with the provisions of section 5 of this act.”.
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. Sections 2, 3 and 4 of this act do not apply to:
1. Services provided by the county to another department, division or agency of the county or to another governmental entity if the governing body of that governmental entity is the board of county commissioners; or
2. Expansion of services provided by the county to an area which is contiguous to an area of existing development where the county already provides services.”.
Amend sec. 5, page 2, line 18, by deleting “Prepares” and inserting “Prepare”.
Amend sec. 5, page 2, line 20, by deleting “Causes” and inserting “Cause”.
Amend sec. 5, page 2, line 24, by deleting “Holds” and inserting “Hold”.
Amend sec. 5, page 2, line 26, by deleting “Complies” and inserting “Comply”.
Amend sec. 13, page 6, line 3, by deleting “On” and inserting:
“Except as otherwise provided in section 15.5 of this act, on”.
Amend sec. 13, page 6, by deleting lines 9 and 10 and inserting:
“unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The governing body complies with the provisions of section 16 of this act.”.
Amend sec. 14, page 6, line 11, by deleting “On” and inserting:
“Except as otherwise provided in section 15.5 of this act, on”.
Amend sec. 14, page 6, by deleting lines 16 and 17 and inserting:
“subject to the provisions of chapter 704 of NRS, unless:
(a) The public utility willingly agrees to the acquisition or expansion; and
(b) The governing body complies with the provisions of section 16 of this act.”.
Amend sec. 15, page 6, line 21, by deleting “On” and inserting:
“Except as otherwise provided in section 15.5 of this act, on”.
Amend sec. 15, page 6, by deleting lines 26 and 27 and inserting:
“is subject to the provisions of chapter 711 of NRS, unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The governing body complies with the provisions of section 16 of this act.”.
Amend the bill as a whole by adding a new section designated sec. 15.5, following sec. 15, to read as follows:
“Sec. 15.5. Sections 13, 14 and 15 of this act do not apply to:
1. Services provided by the city to another department, division or agency of the city or to another governmental entity if the governing body of that governmental entity is the governing body of the city; or
2. Expansion of services provided by the city to an area which is contiguous to an area of existing development where the city already provides services.”.
Amend sec. 16, page 6, line 33, by deleting “Prepares” and inserting “Prepare”.
Amend sec. 16, page 6, line 35, by deleting “Causes” and inserting “Cause”.
Amend sec. 16, page 6, line 39, by deleting “Holds” and inserting “Hold”.
Amend sec. 16, page 6, line 41, by deleting “Complies” and inserting “Comply”.
Amend sec. 22, page 10, line 20, by deleting “On” and inserting:
“Except as otherwise provided in section 24.5 of this act, on”.
Amend sec. 22, page 10, by deleting lines 26 and 27 and inserting:
“unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The general improvement district complies with the provisions of section 25 of this act.”.
Amend sec. 23, page 10, line 28, by deleting “On” and inserting:
“Except as otherwise provided in section 24.5 of this act, on”.
Amend sec. 23, page 10, by deleting lines 34 and 35 and inserting:
“unless:
(a) The public utility willingly agrees to the acquisition or expansion; and
(b) The general improvement district complies with the provisions of section 25 of this act.”.
Amend sec. 24, page 10, line 39, by deleting “On” and inserting:
“Except as otherwise provided in section 24.5 of this act, on”.
Amend sec. 24, page 10, by deleting lines 45 and 46 and inserting:
“unless:
1. The public utility willingly agrees to the acquisition or expansion; and
2. The general improvement district complies with the provisions of section 25 of this act.”.
Amend the bill as a whole by adding a new section designated sec. 24.5, following sec. 24, to read as follows:
“Sec. 24.5. Sections 22, 23 and 24 of this act do not apply to:
1. Services provided by the general improvement district to another department, division or agency of the general improvement district or to another governmental entity if the governing body of that governmental entity is the board of trustees of the general improvement district; or
2. Expansion of services provided by the general improvement district to an area which is contiguous to an area of existing development where the general improvement district already provides services.”.
Amend sec. 25, page 11, line 4, by deleting “Prepares” and inserting “Prepare”.
Amend sec. 25, page 11, line 6, by deleting “Causes” and inserting “Cause”.
Amend sec. 25, page 11, line 10, by deleting “Holds” and inserting “Hold”.
Amend sec. 25, page 11, line 12, by deleting “Complies” and inserting “Comply”.
Amend sec. 33, page 17, line 26, by deleting “Notwithstanding” and inserting:
“Except as otherwise provided in section 1 of Senate Bill No. 211 of this [act] session, notwithstanding”.
Amend the bill as a whole by deleting sections 55 through 57 and inserting:
“Secs. 55-57. (Deleted by amendment.)”.
Amend the bill as a whole by adding a new section designated sec. 83.5, following sec. 83, to read as follows:
“Sec. 83.5. Sections 40 and 59 of Assembly Bill No. 11 of this session are hereby amended to read as follows:
Sec. 40. Section 2.330 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 484, is hereby amended to read as follows:
Sec. 2.330 Powers of [board of supervisors:]city council: Provision of utilities. Except as otherwise provided in sections 13, 14 and 15 of Senate Bill No. 425 of this [act, the board of supervisors] session, the city council may:
1. Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.
2. Provide for the construction of any facility necessary for the provision of [such] the utilities.
3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and [shall] may be perfected by filing with the county recorder of Elko County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien [shall:] must:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
Sec. 59. Section 6.010 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 873, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. Except as otherwise provided in sections 13, 14 and 15 of Senate Bill No. 425 of this [act, the board of supervisors,] session, the city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
9. Storm sewer projects;
10. Street projects;
11. Underground electric and communication facilities;
12. Underpass projects; and
13. Water projects.”.
Amend sec. 84, page 46, line 41, by deleting “April” and inserting “July”.
Amend the title of the bill, third line, by deleting “utilities;” and inserting:
“utilities in certain circumstances; providing an exception;”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Giunchigliani moved that the vote whereby Senate Bill No. 257 was passed be rescinded.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
general file and third reading
Senate Bill No. 257.
Bill read third time.
Roll call on Senate Bill No. 257:
Yeas—36.
Nays—Arberry, Bache, Giunchigliani, Goldwater, Leslie, Perkins—6.
Senate Bill No. 257 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 294.
The following Senate amendment was read:
Amendment No. 753.
Amend sec. 3, page 3, line 14, by deleting “subsection 3” and inserting “this section”.
Amend sec. 3, page 3, line 38, by deleting “sealed.” and inserting:
“automatically sealed when the child reaches 21 years of age.
4. Except as otherwise provided in NRS 62.600, a child whose record has not been automatically sealed pursuant to subsection 2 may petition for the sealing of all records relating to the child after the child reaches 30 years of age.”.
Amend sec. 3, page 3, line 39, by deleting “4.” and inserting “5.”.
Amend sec. 3, page 3, by deleting line 41 and inserting:
“petitioner. If a petition is filed pursuant to subsection 4, the court shall notify the district attorney of the county. The district attorney, a probation officer, any of their deputies or”.
Amend sec. 3, page 3, by deleting line 44 and inserting:
“[3.] 6. If, after [the hearing,] a hearing on a petition filed pursuant to subsection 1, the court finds that, [since such termination”.
Amend sec. 3, page 4, by deleting line 8 and inserting:
“5.] 7. If, after a hearing on a petition filed pursuant to subsection 4, the court finds that, in the period since the child reached 21 years of age, the child has not been convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records, papers and exhibits in the child’s case in the custody of the juvenile court, district court, justice’s court, municipal court, probation officer, law enforcement agency or any other agency or public official. Other records relating to the case, in the custody of such other agencies and officials as are named in the order, may also be ordered sealed.
8. The court shall send a copy of the order sealing the records of a”.
Amend sec. 3, page 4, line 14, by deleting “7.” and inserting “9.”.
Amend sec. 3, page 4, line 19, by deleting “8.” and inserting “10.”.
Amend sec. 3, page 4, line 22, by deleting “9.” and inserting “11.”.
Amend sec. 3, page 4, line 26, by deleting “10.” and inserting “12.”.
Amend sec. 3, page 4, line 29, by deleting “11.” and inserting “13.”.
Amend sec. 3, page 4, line 31, by deleting “12.” and inserting “14.”.
Amend sec. 3, page 4, line 35, by deleting “13.” and inserting “15.”.
Amend the title of the bill, third line, after “records” by inserting “automatically”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 294.
Remarks by Assemblyman Anderson.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 344.
The following Senate amendment was read:
Amendment No. 756.
Amend section 1, page 2, line 10, by deleting the brackets and strike-through.
Amend section 1, page 2, lines 12 and 13, by deleting the brackets and strike-through.
Amend section 1, page 2, lines 21 and 22, by deleting the brackets and strike-through.
Amend the bill as a whole by deleting sec. 2 and adding new sections designated sections 2 through 4, following section 1, to read as follows:
“Sec. 2. Section 1 of Senate Bill No. 31 of this session is hereby amended to read as follows:
Section 1. NRS 200.471 is hereby amended to read as follows:
200.471 1. As used in this section:
(a) “Assault” means intentionally placing another person in reasonable apprehension of immediate bodily harm.
(b) “Officer” means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer,
guard, matron or other correctional officer of a city or county jail; [or]
(5) A justice
of the supreme court, district judge, justice of the peace, municipal judge,
magistrate, court commissioner, master or referee, including a person acting
pro tempore in a capacity listed in this subparagraph[.] ; or
(6) An employee of the state or a political subdivision of the state whose official duties require him to make home visits.
(c) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
(d) “Taxicab” has the meaning ascribed to it in NRS 706.8816.
(e) “Taxicab driver” means a person who operates a taxicab.
(f) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.
2. A person convicted of an assault shall be punished:
(a) If paragraph (c) or (d) of this subsection does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(c) If paragraph (d) of this subsection does not apply to the circumstances of the crime and if the assault is committed upon an officer, a school employee, a taxicab driver or a transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer, school employee, taxicab driver or transit operator, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(d) If the assault is committed upon an officer, a school employee, a taxicab driver or a transit operator who is performing his duty by a probationer, a prisoner who is in lawful custody or confinement or a parolee and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, school employee, taxicab driver or transit operator, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 3. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.”.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 344.
Remarks by Assemblyman Anderson.
Motion carried by a constitutional majority.
Assembly Bill No. 302.
The following Senate amendment was read:
Amendment No. 854.
Amend sec. 6, page 3, by deleting lines 40 through 49 and inserting:
“(a) Successfully completed an accredited 4-year program of study, or its equivalent, in Oriental medicine that is approved by the board; and
(b) Passed the examinations required by NRS 634A.120; or
2. Has:
(a) Successfully completed a 4-year program, or its equivalent, in Oriental medicine at a school or college of Oriental medicine that is approved by the board;”.
Amend sec. 6, page 4, line 1, after “state” by inserting:
“or foreign country”.
Amend sec. 6, page 4, line 5, by deleting “634A.120; or” and inserting “634A.120.”.
Amend sec. 6, page 4, by deleting lines 6 through 14.
Amend sec. 15, page 8, by deleting line 35 and inserting:
“after June 30, 1999, and before the effective date of this act.”.
Amend sec. 16, page 8, line 38, by deleting:
“October 1, 2001,” and inserting:
“the effective date of this act,”.
Amend the bill as a whole by adding a new section designated sec. 17, following sec. 16, to read as follows:
“Sec. 17. This act becomes effective upon passage and approval.”.
Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 302.
Remarks by Assemblyman Dini.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 622.
The following Senate amendment was read:
Amendment No. 850.
Amend sec. 12, page 4, line 29, by deleting “$100” and inserting “$250”.
Amend sec. 12, page 5, line 2, by deleting “$50.” and inserting “$150.”.
Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 622.
Remarks by Assemblyman Dini.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 192.
The following Senate amendment was read:
Amendment No. 851.
Amend section 1, page 1, by deleting lines 10 and 11 and inserting:
“(b) Have at least [two instructors] :
(1) One instructor on the premises of the barber school at all times if ”.
Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 192.
Remarks by Assemblyman Dini.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 2:50 p.m.
ASSEMBLY IN SESSION
At 3:52 p.m.
Mr. Speaker presiding.
Quorum present.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Concurrent Committee on Constitutional Amendments, to which was referred Assembly Joint Resolution No. 14, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended, and re-refer to the Committee on Elections, Procedures, and Ethics.
Bob Price, Chairman
Mr. Speaker:
Your Committee on Education, to which was referred Senate Bill No. 165, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Wendell P. Williams, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Parks moved that Assembly Joint Resolution No. 14 and Senate Bill No. 165 be placed on the Second Reading File.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Joint Resolution No. 14.
Bill read second time.
The following amendment was proposed by the Committee on Constitutional Amendments:
Amendment No. 968.
Amend the resolution, page 1, line 2, by deleting “section 32” and inserting:
“sections 25 and 32”.
Amend the resolution, page 1, line 3, after “read” by inserting “respectively”.
Amend the resolution, page 1, between lines 3 and 4, by inserting:
“Sec. 25. The Legislature shall establish a system of County and Township Government . [which shall be uniform throughout the State.]”.
Amend the resolution, page 1, line 8, by deleting “people,” and inserting:
“people [,] or their appointment,”.
Amend the title of the resolution by deleting the second and third lines and inserting:
“Nevada to remove the requirements that the system for county and township government be uniform and that the Legislature fix the compensation of county officers and to authorize the Legislature to provide for the appointment of county officers.”.
Amend the summary of the resolution to read as follows:
“SUMMARY—Proposes to amend Nevada Constitution to revise certain provisions relating to system of county and township government and county officers. (BDR C‑1526)”.
Assemblyman Price moved the adoption of the amendment.
Remarks by Assemblyman Price.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assemblyman Mortenson moved that upon return from the printer Assembly Joint Resolution No. 14 be re-referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Chowning moved that Senate Bill No. 524 be taken from the Chief Clerk’s desk and placed on the General File.
Remarks by Assemblywoman Chowning.
Motion carried.
Assemblywoman Koivisto moved that Senate Bill No. 544 be taken from the Chief Clerk’s desk and placed on the General File.
Remarks by Assemblywoman Koivisto.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 165.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 1041.
Amend sec. 10, pages 13 and 14, by deleting lines 42 through 48 on page 13 and lines 1 through 4 on page 14, and inserting:
“386.605 1. On or before [April 15] January 1 of each year, the governing body of each charter school shall submit the information concerning the charter school that is [contained in the report] required pursuant to subsection 2 of NRS 385.347 to the [:
(a) Governor;
(b) State board;
(c) Department;
(d) Legislative committee on education created pursuant to NRS 218.5352; and
(e) Legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356.] board of trustees of the school district in which the charter school is located, for inclusion in the report of the school district pursuant to that section. The information must be submitted by the charter school in a format prescribed by the board of trustees.”.
Amend sec. 10, page 14, by deleting lines 6 and 7 and inserting:
“charter school shall submit the information [prepared by the governing body] applicable to the charter school that is contained in the report pursuant to paragraph (t) of subsection 2 of”.
Amend sec. 10, page 15, line 4, by deleting “and” and inserting “[and]”.
Amend sec. 10, page 15, line 6, by deleting “218.5356.” and inserting:
“218.5356 [.] ; and
(f) Board of trustees of the school district in which the charter school is located.”.
Amend sec. 14, page 19, line 12, after “(d)” by inserting:
“Administered in each school in accordance with the plan adopted pursuant to section 2 of Assembly Bill No. 214 of this [act] session by the department and with the plan adopted pursuant to section 4 of Assembly Bill No. 214 of this [act] session by the board of trustees of the school district in which the examinations are administered. The department shall monitor the compliance of school districts and individual schools with:
(1) The plan adopted by the department; and
(2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the department.
(e)”.
Amend sec. 16, page 23, line 16, by deleting “(c)” and inserting “(c)”.
Amend the bill as a whole by renumbering sec. 20 as sec. 21 and adding a new section designated sec. 20, following sec. 19, to read as follows:
“Sec. 20. Section 5 of Senate Bill No. 36 of this session is hereby amended to read as follows:
Sec. 5. NRS 387.303 is hereby amended to read as follows:
387.303 1. Not later than November 10 of each year, the board of trustees of each school district shall submit to the superintendent of public instruction and the department of taxation a report which includes the following information:
(a) For each fund within the school district, including, without limitation, the school district’s general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school district’s final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.
(b) The count of pupils computed pursuant to paragraph (a) of subsection 1 of NRS 387.1233.
(c) The school district’s actual expenditures in the fiscal year immediately preceding the report.
(d) The school district’s proposed expenditures for the current fiscal year.
(e) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the superintendent of public instruction upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.
(f) The number of teachers who received an increase in salary pursuant to subsection 2 of NRS 391.160 for the current and preceding fiscal years.
(g) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.
(h) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.
(i) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.
(j) The expenditures from the account created pursuant to subsection 3 of NRS 179.1187. The report must indicate the total amount received by the district in the preceding fiscal year, and the specific amount spent on books and computer hardware and software for each grade level in the district.
2. On or before November 25 of each year, the superintendent of public instruction shall submit to the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each school district pursuant to subsection 1.
3. The superintendent of public instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the school districts with the apportionment received by those districts from the state distributive school account for the preceding year.”.
Amend sec. 20, page 25, by deleting line 24 and inserting:
“Sec. 21. 1. This section and sections 1 to 13, inclusive, and 15 to 20, inclusive, of this act become effective on July 1, 2001.
2. Section 14 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.
Assemblywoman Parnell moved the adoption of the amendment.
Remarks by Assemblywoman Parnell.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
general file and third reading
Senate Bill No. 524.
Bill read third time.
The following amendment was proposed by Assemblywoman Chowning:
Amendment No. 1011.
Amend sec. 2, page 1, by deleting line 4 and inserting:
“otherwise requires:
1. “Document” means an application, notice, report,”.
Amend sec. 2, page 1, between lines 8 and 9 by inserting:
“2. The term does not include a certificate of ownership, certificate of title or power of attorney which:
(a) Contains a disclosure of the odometer reading of a vehicle;
(b) Is signed by the transferor and transferee of the vehicle; and
(c) Is printed by means of a secure printing process.”.
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 544.
Bill read third time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 992.
Amend section 1, page 2, between lines 27 and 28, by inserting:
“(5) If authorized by federal law, a prescription transmitted electronically is not required to be written and signed entirely by hand by the practitioner who issued the prescription.”.
Amend section 1, page 2, line 43, by deleting “The” and inserting:
“Except as otherwise provided in this subsection, the”.
Amend section 1, page 2, line 46, after “law.” by inserting:
“The regulations adopted pursuant to paragraph (b) of subsection 2 for the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance must not be more stringent than federal law governing the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance or the rules, regulations or orders of any federal agency administering such law.”.
Amend sec. 11, page 5, by deleting lines 37 and 38 and inserting:
“(d) Except as otherwise provided in subsection 5, by electronic transmission or transmission by a facsimile machine, including, without limitation, transmissions made from a facsimile machine to another facsimile machine, a computer equipped with a facsimile modem to a facsimile machine or a computer to another computer, pursuant to the regulations of the board.”.
Amend sec. 11, page 6, by deleting lines 7 through 14 and inserting:
“4. Each written prescription must be written in such a manner that any”.
Amend sec. 11, page 6, between lines 18 and 19, by inserting:
“5. A prescription for a controlled substance must not be given by electronic transmission or transmission by a facsimile machine unless authorized by federal law.
6. A prescription that is given by electronic transmission is not required to contain the signature of the practitioner if:
(a) It contains a facsimile signature, security code or other mark that uniquely identifies the practitioner; or
(b) A voice recognition system, biometric identification technique or other security system approved by the board is used to identify the practitioner.”.
Amend sec. 12, page 6, line 30, by deleting “or private”.
Amend the bill as a whole by renumbering sections 13 through 15 as sections 14 through 16 and adding a new section designated sec. 13, following sec. 12, to read as follows:
“Sec. 13. Section 2 of Assembly Bill No. 415 of this session is hereby amended to read as follows:
Sec. 2. NRS 639.0745 is hereby amended to read as follows:
639.0745 1. The board may adopt regulations concerning[:
(a) The] the transfer of information between pharmacies relating to prescriptions.
[(b)] 2. The board shall adopt regulations concerning the electronic transmission and the transmission by a facsimile machine of a prescription from a practitioner to a pharmacist for the dispensing of a drug.
[2.] The regulations must establish procedures to:
(a) Ensure the security and confidentiality of the data that is transmitted between:
(1) The practitioner and the pharmacy;
(2) The practitioner and an insurer of the person for whom the prescription is issued; and
(3) The pharmacy and an insurer of the person for whom the prescription is issued.
(b) Protect the identity of the practitioner to prevent misuse of the identity of the practitioner or other fraudulent conduct related to the electronic transmission of a prescription.
(c) Verify the authenticity of a signature that is produced:
(1) By the computer or other electronic device; or
(2) Manually by the practitioner.
3. The board shall adopt regulations governing the exchange of information between pharmacists and practitioners relating to prescriptions filled by the pharmacists for persons who are suspected of:
(a) Misusing prescriptions to obtain excessive amounts of drugs.
(b) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person.
The pharmacists and
practitioners shall maintain the confidentiality of the information exchanged
pursuant to this subsection.”.
Amend sec. 15, page 7, by deleting lines 27 through 36 and inserting:
“Sec. 16. 1. This section and section 15 of this act become effective upon passage and approval.
2. Sections 1 and 12 of this act become effective upon passage and approval for the purpose of adopting regulations and at 12:01 a.m. on October 1, 2001, for all other purposes.
3. Sections 2, 3, 4 and 6 to 10, inclusive, of this act become effective on July 1, 2001.
4. Section 5 of this act becomes effective at 12:01 a.m. on July 1, 2001.
5. Section 14 of this act becomes effective at 12:02 a.m. on July 1, 2001.
6. Sections 11 and 13 of this act become effective at 12:01 a.m. on October 1, 2001.”.
Amend the title of the bill, first line, by deleting “authorizing” and inserting “requiring”.
Assemblywoman Koivisto moved the adoption of the amendment.
Remarks by Assemblywoman Koivisto.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 501.
The following Senate amendment was read:
Amendment No. 761.
Amend the bill as a whole by deleting sections 1 through 6 and renumbering sections 7 and 8 as sections 1 and 2.
Amend sec. 8, page 6, line 35, by deleting “7” and inserting “1”.
Amend the title of the bill to read as follows:
“AN ACT relating to education; making certain changes to the method of calculating the amount of the basic governmental services tax to be distributed to a county school district; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions relating to method of calculating amount of basic governmental services tax to be distributed to county school district. (BDR 43‑1004)”.
Assemblyman Goldwater moved that the Assembly concur in the Senate amendment to Assembly Bill No. 501.
Remarks by Assemblyman Goldwater.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 74.
The following Senate amendment was read:
Amendment No. 709.
Amend the bill as a whole by deleting sec. 2 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. 1. Except as otherwise provided in subsection 2, the labor commissioner shall adopt regulations prohibiting the employment of a child under the age of 16 years in connection with the solicitation for sale or selling of any product, good or service at any time or place or in any manner the labor commissioner determines to be dangerous to the health or welfare of such a child.
2. The labor commissioner shall not prohibit the employment of a child under the age of 16 years in connection with the solicitation for sale or selling of:
(a) Any product, good or service in a county whose population is less than 100,000; or
(b) Any agricultural product at a fixed
location directly to consumers and not for resale.
This subsection does not authorize the employment of a child in violation of a specific statute.
3. No child under the age of 16 years may be employed, permitted or required to work in any capacity, including, without limitation, as an independent contractor, in connection with the solicitation for sale or selling of any product, good or service at any time or place or in any manner prohibited by the labor commissioner pursuant to subsection 1.”.
Amend the bill as a whole by renumbering sections 4 through 6 as sections 5 through 7 and adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. NRS 609.200 is hereby amended to read as follows:
609.200 [The] Except as otherwise provided in section 2 of this act, the labor commissioner may[, from time to time,] determine whether or not any particular trade, process of manufacture[,] or occupation, or any particular method of carrying on such trade, process of manufacture or occupation is sufficiently dangerous to the lives or limbs, or injurious to the health or morals, of minors under 16 years of age employed therein to justify their exclusion therefrom, and may prohibit their employment therein.”.
Amend the title of the bill, first line, after “children;” by inserting:
“requiring the labor commissioner to adopt regulations”.
Amend the summary of the bill to read as follows:
“SUMMARY—Requires labor commissioner to adopt regulations prohibiting employment of children under 16 years of age in certain activities relating to commercial sales. (BDR 53-659)”.
Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 74.
Remarks by Assemblyman Dini.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 44.
The following Senate amendment was read:
Amendment No. 812.
Amend sec. 2, page 2, by deleting lines 38 and 39 and inserting:
“accurate reproduction of the original. If a claim filed in this state is open, the records in the file”.
Amend sec. 2, page 2, line 43, by deleting “has been” and inserting “is”.
Amend sec. 2, page 2, line 45, by deleting “7 calendar” and inserting “14”.
Amend sec. 2, page 3, line 8, by deleting:
“current or closed claims; and” and inserting:
“[current] claims that are open or closed [claims;] ; and”.
Amend sec. 5 page 4, line 34, after “paid;” by inserting “and”.
Amend sec. 5, page 4, by deleting lines 35 through 37 and inserting:
“(b) The [periodic revision of the schedule; and
(c) The] monitoring of compliance by providers of benefits with the [adopted] schedule of fees and charges.”.
Amend the bill as a whole by renumbering sections 7 through 9 as sections 8 through 10 and adding a new section designated sec. 7, following sec. 6, to read as follows:
“Sec. 7. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The governor.
(b) The department of prisons.
(c) The University and Community College System of Nevada.
(d) The office of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The welfare division of the department of human resources.
(h) The division of health care financing and policy of the department of human resources.
(i) The state board of examiners acting pursuant to chapter 217 of NRS.
(j) Except as otherwise provided in NRS 533.365, the office of the state engineer.
(k) The division of industrial relations of the department of business and industry in acting to enforce the provisions of NRS 618.375.
(l) The administrator of the division in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.
(m) The board to review claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.
2. Except as otherwise provided in NRS 391.323, the department of education, the board of the public employees’ benefits program and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) Chapter 703 of NRS for the judicial review of decisions of the public utilities commission of Nevada;
(d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and
(e) NRS 90.800 for the use of summary orders in contested cases,
prevail over the
general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or
(b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.
6. The state board of parole commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.”.
Amend sec. 8, page 5, line 37, by deleting “1” and inserting “5”.
Amend sec. 8, page 5, line 41, by deleting “1” and inserting “5”.
Amend sec. 9, page 6, line 9, by deleting:
“6, 7 and 8” and inserting:
“6 to 9, inclusive,”.
Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 44.
Remarks by Assemblyman Dini.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 620.
The following Senate amendment was read:
Amendment No. 852.
Amend sec. 4, page 3, lines 4 and 10, by deleting “delivered” and inserting “sent”.
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 624.031 is hereby amended to read as follows:
624.031 [This chapter does] The provisions of this chapter do not apply to:
1. Work [done] performed exclusively by an authorized representative of the United States Government, the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state.
2. An officer of a court when acting within the scope of his office.
3. Work [done] performed exclusively by a public utility operating pursuant to the regulations of the public utilities commission of Nevada on construction, maintenance and development work incidental to its [own] business.
4. An owner of property who is building or improving a residential structure on the property for his own occupancy and not intended for sale[.] or lease. The sale or lease, or the offering for sale or lease, of the newly built structure within 1 year after its completion creates a rebuttable presumption for the purposes of this section that the building of the structure was performed with the intent to sell[.] or lease that structure. An owner of property who requests an exemption pursuant to this subsection must apply to the board for the exemption. The board shall adopt regulations setting forth the requirements for granting the exemption.
5. An owner of a complex containing not more than four condominiums, townhouses, apartments or cooperative units, the managing officer of the owner or an employee of the managing officer, who performs work to repair or maintain that property the value of which is less than $500, including labor and materials, unless:
(a) A building permit is required to perform the work;
(b) The work is of a type performed by a plumbing, electrical, refrigeration, heating or air-conditioning contractor;
(c) The work is of a type performed by a contractor licensed in a classification prescribed by the board that significantly affects the health, safety and welfare of members of the general public;
(d) The work is performed as a part of a larger project:
(1) The value of which is $500 or more; or
(2) For which contracts of less than $500 have been awarded to evade the provisions of this chapter; or
(e) The work is performed by a person who is licensed pursuant to this chapter or by an employee of [such a] that person.
6. The sale or installation of any finished product, material or article of merchandise which is not [actually] fabricated into and does not become a permanent fixed part of the structure.
7. The construction, alteration, improvement or repair of personal property.
8. The construction, alteration, improvement or repair financed in whole or in part by the Federal Government and [carried on] conducted within the limits and boundaries of a site or reservation, the title of which rests in the Federal Government.
9. An owner of property, the primary use of which is as an agricultural or farming enterprise, building or improving a structure on the property for his [own] use or occupancy and not intended for sale or lease.
[10. An owner of property who builds or improves a structure upon his property and who contracts solely with a managing contractor licensed pursuant to the provisions of this chapter for the building or improvement, if the owner is and remains financially responsible for the building or improving of all buildings and structures built by the owner upon his property pursuant to the exemption of this subsection.]”.
Amend the title of the bill, fifth line, after “account;” by inserting:
“revising the exemptions from the provisions governing contractors;”.
Assemblyman Dini moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 620.
Remarks by Assemblyman Dini.
Bill ordered transmitted to the Senate.
Assembly Bill No. 628.
The following Senate amendment was read:
Amendment No. 870.
Amend sec. 2, page 3, by deleting lines 1 and 2 and inserting:
“(d) If a police officer or a salaried or volunteer fireman”.
Amend sec. 2, page 3, line 6, by deleting “employment.” and inserting:
“employment, unless the insurer can prove by a preponderance of the evidence that the exposure was not related to the employment of the police officer or fireman.”.
Amend sec. 3, page 3, line 18, by deleting “If” and inserting:
“Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if”.
Amend sec. 3, page 3, line 33, by deleting “If” and inserting:
“Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if”.
Amend the title of the bill, first line, by deleting “expanding” and inserting “revising”.
Assemblyman Dini moved that the Assembly concur in the Senate amendment to Assembly Bill No. 628.
Remarks by Assemblyman Dini.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Recede From Assembly Amendments
Assemblyman Bache moved that the Assembly do not recede from its action on Senate Bill No. 554, that a conference be requested, and that Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.
Remarks by Assemblyman Bache.
Motion carried.
Appointment of Conference Committees
Mr. Speaker appointed Assemblymen Bache, Berman and Smith as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 554.
Consideration of Senate Amendments
Assembly Bill No. 92.
The following Senate amendment was read:
Amendment No. 767.
Amend section 1, page 1, line 10, after “neighborhoods;” by inserting “and”.
Amend section 1, page 1, line 11, by deleting “property; and” and inserting “property.”.
Amend section 1, page 1, by deleting line 12.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 92.
Remarks by Assemblyman Bache.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 180.
The following Senate amendment was read:
Amendment No. 659.
Amend sec. 2, page 2, line 29, by deleting “this qualification” and inserting:
“the requirement to be a duly licensed member, in good standing, of the State Bar of Nevada”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 180.
Remarks by Assemblyman Bache.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 402.
The following Senate amendment was read:
Amendment No. 846.
Amend section 1, page 1, line 4, by deleting “20,000” and inserting “50,000”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 402.
Remarks by Assemblyman Bache.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 440.
The following Senate amendment was read:
Amendment No. 821.
Amend sec. 2, page 2, line 26, by deleting “6 months” and inserting “30 days”.
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 440.
Remarks by Assemblyman Bache.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 463.
The following Senate amendment was read:
Amendment No. 842.
Amend section 1, page 1, line 14, by deleting “officer.” and inserting:
“officer if he:
(a) Is responding to an emergency call or is in pursuit of a suspected violator of the law; or
(b) Determines that noncompliance with any such provision is necessary to carry out his duties.”.
Amend the bill as a whole by renumbering sections 3 and 4 as sections 4 and 5 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. NRS 574.050 is hereby amended to read as follows:
574.050 As used in NRS 574.050 to 574.200, inclusive:
1. “Animal” does not include the human race, but includes every other living creature.
2. “Police animal” means an animal which is owned or used by a state or local governmental agency and which is used by a peace officer in performing his duties as a peace officer.
3. “Torture” or “cruelty” includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.”.
Amend the title of the bill by deleting the third line and inserting:
“duties under certain circumstances; revising the definition of “police animal” for provisions concerning cruelty to animals to include an animal which is used, but not owned, by a governmental agency; providing penalties; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing treatment and use of certain animals. (BDR 15‑809)”.
Assemblyman de Braga moved that the Assembly concur in the Senate amendment to Assembly Bill No. 463.
Remarks by Assemblyman de Braga.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Assembly Bill No. 253.
The following Senate amendment was read:
Amendment No. 849.
Amend sec. 24.5, page 6, line 49, by deleting “include lost” and inserting:
“include:
(a) Costs incurred by the institution relating to any investigation or hearing conducted by the national collegiate athletic association concerning the violation; and
(b) Lost”.
Amend sec. 24.5, page 7, line 1, by deleting “(a)” and inserting “(1)”.
Amend sec. 24.5, page 7, line 2, by deleting “(b)” and inserting “(2)”.
Amend sec. 24.5, page 7, line 3, by deleting “(c)” and inserting “(3)”.
Amend sec. 24.5, page 7, line 5, by deleting “(d)” and inserting “(4)”.
Assemblyman Williams moved that the Assembly concur in the Senate amendment to Assembly Bill No. 253.
Remarks by Assemblyman Williams.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 4:18 p.m.
ASSEMBLY IN SESSION
At 4:19 p.m.
Mr. Speaker pro Tempore presiding.
Quorum present.
UNFINISHED BUSINESS
Consideration of Senate Amendments
Assembly Bill No. 245.
The following Senate amendment was read:
Amendment No. 746.
Amend the bill as a whole by deleting sections 1 through 15 and adding new sections designated sections 1 through 16, following the enacting clause, to read as follows:
“Section 1. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. As used in sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. “Advertise” and “advertisement” mean the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to take a sightseeing tour.
Sec. 4. “Commissioner” means the commissioner of the division.
Sec. 5. “Division” means the consumer affairs division of the department of business and industry.
Sec. 6. “Sightseeing tour” means an excursion that:
1. Has a duration of 24 hours or less;
2. Travels to one or more points of interest; and
3. Is conducted using one or more means of motorized conveyance, including, without limitation, an airplane, bus, helicopter, tour boat or touring raft.
Sec. 7. “Tour broker” means a person who, in this state, advertises a sightseeing tour for a tour operator and collects money from customers for a sightseeing tour.
Sec. 8. “Tour operator” means a person who, in this state, engages in the business of providing a sightseeing tour to customers.
Sec. 9. 1. In each advertisement for a sightseeing tour, a tour broker and a tour operator shall disclose in a clear and conspicuous manner the total price a customer is required to pay to take the sightseeing tour. Unless the inclusion of a fee or tax in the total price would violate a specific statute of this state or a federal statute or regulation, the total price must include, without limitation, all fees, taxes and other charges that a customer for a sightseeing tour is required to pay to take the sightseeing tour. If a fee or tax cannot be included in the total price because its inclusion would violate a specific statute of this state or a federal statute or regulation, the tour broker or tour operator, as applicable, shall disclose in a clear and conspicuous manner that the fee or tax is not included in the total price and must be paid in addition to the total price.
2. A tour broker and a tour operator shall not charge a customer for a sightseeing tour an amount that exceeds the sum of:
(a) The total price for the sightseeing tour which is disclosed in an advertisement for the sightseeing tour; and
(b) Any fee or tax that is not included in the total price for the sightseeing tour because its inclusion would violate a specific statute of this state or a federal statute or regulation.
3. On a billing invoice or receipt given to a customer for a sightseeing tour, a tour broker and a tour operator shall provide a clear and conspicuous notice which:
(a) Sets forth the provisions of subsection 2;
(b) States that complaints concerning the charges for a sightseeing tour may be directed to the division; and
(c) Provides a telephone number for the division.
4. If a tour operator issues or causes to be issued a coupon or other indicia of discount or special promotion, the tour operator shall honor the coupon or other indicia in good faith unless: (a) The coupon or other indicia sets forth a date of expiration that is clearly legible; and
(b) The date of expiration has passed.
5. The failure of a tour broker or tour operator to comply with a provision of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
Sec. 10. The provisions of sections 11, 12 and 13 of this act do not apply to a tour broker whose business is confined to advertising, or a tour operator whose business is confined to advertising and conducting, sightseeing tours that originate in a county other than a county whose population is 400,000 or more.
Sec. 11. 1. Each tour broker and tour operator shall deposit with the division:
(a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;
(b) An irrevocable letter of credit for which the tour broker or tour operator is the obligor, issued by a bank whose deposits are federally insured; or
(c) A certificate of deposit in a financial institution which is doing business in this state and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the commissioner, except that the interest may accrue to the tour broker or tour operator.
2. The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.
3. The amount of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be $10,000.
4. If the tour broker or tour operator deposits a bond, the tour broker or tour operator shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the division during business hours. The tour broker or tour operator shall notify the division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the division.
5. The commissioner may reject any bond, letter of credit or certificate of deposit that fails to conform to the requirements of this chapter.
6. A tour broker or tour operator may change the form of security that he has deposited with the division. If the tour broker or tour operator changes the form of the security, the commissioner may retain for not more than 1 year any portion of the security previously deposited by the tour broker or tour operator as security for claims arising during the time the previous security was in effect.
7. If the amount of the bond, letter of credit or certificate of deposit falls below the amount required by this section, the tour broker or tour operator shall, within 30 days, increase the amount of the bond, letter of credit or certificate of deposit to the amount required by this section.
Sec. 12. 1. The security required to be deposited by a tour broker or tour operator pursuant to section 11 of this act must be held in trust for consumers injured by:
(a) The bankruptcy of the tour broker or tour operator; or
(b) The tour broker’s or tour operator’s breach of any agreement entered into in his capacity as a tour broker or tour operator.
2. A consumer so injured may bring and maintain an action in any court of competent jurisdiction to recover against the security.
3. The division may bring an action for interpleader against all claimants upon the security. If the division brings such an action, the division shall publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county in which the tour broker or tour operator has its principal place of business. The division may deduct its costs of the action, including, without limitation, the costs of the publication of the notice, from the amount of the security. All claims against the security have equal priority. If the security is insufficient to pay all the claims in full, the claims must be paid pro rata. If the tour broker or tour operator has posted a bond with the division, the surety is then relieved of all liability under the bond.
4. The division may, in lieu of bringing an action for interpleader pursuant to subsection 3, conduct a hearing to determine the distribution of the security to claimants. The division shall adopt regulations to provide for adequate notice and the conduct of the hearing. If the tour broker or tour operator has posted a bond with the division, distribution pursuant to this subsection relieves the surety of all liability under the bond.
Sec. 13. 1. If no claims have been filed against the security deposited with the division pursuant to section 11 of this act within 6 months after the tour broker or tour operator ceases to operate, the commissioner shall release the security to the tour broker or tour operator and shall not audit any claims filed against the security thereafter by consumers.
2. If one or more claims have been filed against the security within 6 months after the tour broker or tour operator ceases to operate, the proceeds must not be released to the tour broker or tour operator or distributed to any consumer earlier than 1 year after the tour broker or tour operator ceases to operate.
3. For the purposes of this section, the commissioner shall determine the date on which a tour broker or tour operator ceases to operate.
Sec. 14. The commissioner may adopt such regulations as the commissioner determines are necessary to carry out the intent of sections 2 to 14, inclusive, of this act.
Sec. 15. NRS 598.0999 is hereby amended to read as follows:
598.0999 1. A person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of Assembly Bill No. 337 of this [act] session upon a complaint brought by the commissioner, the director, the district attorney of any county of this state or the attorney general shall forfeit and pay to the state general fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of Assembly Bill No. 337 of this [act.] session.
2. In any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of Assembly Bill No. 337 of this [act,] session, if the court finds that a person has willfully engaged in a deceptive trade practice, the commissioner, the director, the district attorney of any county in this state or the attorney general bringing the action may recover a civil penalty not to exceed $2,500 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.
3. A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice, other than a deceptive trade practice described in NRS 598.992:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second offense, is guilty of a gross misdemeanor.
(c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.
5. If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, and section 1 of Assembly Bill No. 337 of this [act,] session, 598.100 to 598.2801, inclusive, 598.281 to 598.289, inclusive, 598.840 to 598.966, inclusive, sections 2 to 14, inclusive, of this act or 598.992, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:
(a) The suspension of the person’s privilege to conduct business within this state; or
(b) If the
defendant is a corporation, dissolution of the
corporation.
The court may grant or deny the
relief sought or may order other appropriate relief.
Sec. 16. The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to deceptive trade practices; requiring certain tour brokers and tour operators to make certain disclosures relating to price in an advertisement for a sightseeing tour; prohibiting certain tour brokers and tour operators from charging more for a sightseeing tour than the price disclosed in an advertisement for the tour; requiring certain tour brokers and tour operators to include certain information on a billing invoice or receipt given to a customer for a sightseeing tour; requiring a tour operator to honor in good faith any nonexpired coupon or other indicia of discount or special promotion that the tour operator has issued or caused to be issued; requiring certain tour brokers and tour operators to deposit security with the consumer affairs division of the department of business and industry; authorizing certain consumers to bring and maintain an action to recover against the deposited security; providing for the release of the deposited security within a certain period after the tour broker or tour operator ceases to operate; authorizing the commissioner of the consumer affairs division to adopt certain regulations; providing penalties; and providing other matters properly relating thereto.”.
Assemblyman Chowning moved that the Assembly concur in the Senate amendment to Assembly Bill No. 245.
Remarks by Assemblyman Chowning.
Motion carried by a constitutional majority.
Bill ordered to enrollment.
REMARKS FROM THE FLOOR
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblyman Perkins:
Thank you, Mr. Speaker pro Tempore. I felt it was important to come down and speak a little bit to the body. I want to tell you all, that I do appreciate the hard work that you have put in thus far in this legislative session. We’re less than a couple of weeks away from completing the work in this session. It gets harder every day. I know that each and every one of you have put a great deal of work into the accomplishments that will come out of this session. I also wanted to mention that along with the Minority Leader and the Assistant Minority Leader I was able to, during our break, wander over to the Capitol and listen in on a press conference the Governor had relative to the education budgets. In that press conference, there was talk of an additional $122.5 million, aside from what was in the rollup in the growth in K-12. That $122.5 million being a 2 percent employer raise, $14.5 million to go to vital education programs and text books, school employee retention bonus pool, teacher recruitment bonuses and some energy assistance for our school districts.
I would hearken back to our opening day and the remarks that I made on that day. I believe as I discussed what I thought we were going to try and accomplish this session, I was focusing on if we were going to do enough for our children. As much as I am very, very happy about the efforts that have been made so far, and the plan that has been laid out, I’m still disappointed, standing here 11 days from the completion of our legislative session, that we have not yet done enough, particularly in K-12 education. That is not to say there has not been a lot of hard work. I appreciate the efforts that all have made to get us to the level where we are. Their efforts have been very difficult and one step at a time.
I guess, Mr. Speaker pro Tempore, my remarks culminate with this: I am still challenging all of us to continue, as long as we have any time in this legislative session, to continue to find the money we need for our educational system.
The last trip I took home, I had, waiting for me, a letter from a young lady. With your indulgence I will read through it very quickly:
“Dear Richard Perkins:
My name is Tierra Birchold and I am 13 years of age. I attend Thurman White Middle School, which is one of the schools you plan to take the music and art programs out of. I have lived in Las Vegas for about 4 years now and two out of the four years, I have participated in the school’s music program. I would like to say that being in an orchestra gives me something to look forward to each day. It gives me a chance to show my talents and also gives me challenges. I think that for some kids it keeps them from doing things they shouldn’t. For me, I don’t take it because I have to or to keep me out of trouble. I take orchestra for my pleasure. Mrs. Fazio is an awesome orchestra teacher. She helps kids when needed, but can also help with some of her students personal problems when they come to her for help. Mrs. Fazio makes me look forward to each and every day because she is so enjoyable and because she makes learning to play an instrument fun. Without the music program, I would not be involved with anything active. People always ask what sport I play and I say, “I play the violin.” You may think playing the violin isn’t a sport. Well, it is. It requires hard work, practice, group cooperation and it’s fun. Those qualities belong to both sports and being in an orchestra, band or a choir group.
Without the music program, kids would just come home each day and instead of practicing they would sit and watch television. What does that do for us? Nothing too great. You never hear about the greatest television watcher. It is the musicians and the sports stars that you hear about. Some of us actually want to be famous too but for us to get there, we have to take the classes and you are taking them away. Music is an art, a privilege that you can learn to play something that difficult. It is a right. We won’t get the right to play an instrument and become famous if you take that right away. I am not telling you what to do or how to think. I am just giving you some opinions from people who are actually involved. So please take this into consideration before you throw all our hard work out the window.
Thurman White Orchestra has a concert at our school on the 16th of May at 6:30 pm. If possible we would appreciate it if you could come and see all the hard work we have accomplished. I thank you for your time and I am hoping for the best. Sincerely Yours, Tierra Birchtold, Violin Player.”
Now, Mr. Speaker pro Tempore, I know that we do not cancel programs. Those decisions are made at the school district level. I know that with the money the Governor has suggested being spent on vital school education programs, programs like art and music and sports, have additional monies available to them. All the programs, whether they’re the curriculum programs or the sports or the extracurricular programs, all have to have instructors and teachers to make the program work. That is where I think we have not yet done enough for K-12 education. If we don’t have a good starting salary for our teachers, if we don’t have something for them to look forward to, if we don’t have the incentives for them to continue in a very difficult teaching environment, we haven’t done the work that we were supposed to; and then I would tell you we have left this session and we did not fulfill the goal I set, at least for myself and this body. That was to do all we could for our children.
Lastly, Mr. Speaker pro Tempore, I implore all of us to continue to work as long as we have any time here to continue to find additional resources for this effort. Thank you.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 135, 214, 237, 289, 291, 318, 336, 377, 384, 534, 551, 609, 659, 662; Assembly Joint Resolutions Nos. 7, 12, 13, 26; Assembly Joint Resolution No. 13 of the 70th Session; Senate Bills Nos. 26, 48, 57, 70, 88, 119, 135, 144, 153, 156, 163, 175, 191, 197, 211, 222, 249, 250, 251, 255, 273, 298, 329, 336, 349, 372, 376, 389, 415, 424, 480, 489, 525, 528, 533, 540, 546, 560, 566; Senate Joint Resolution No. 11.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Alejandra Alvarado, Fletcher Bowman, Zachary Bunker, Shoshone Campbell, Wayne Crank, Kayla Drozek, Laura Ferrence, Zackary Franco, Victoria Gooch, Trent Hampton, Cody Kapphahn, Katrina Manwarren, Sandra Martinez, Joshua Murphy, Andrew Perazzo, Crystal Peters, Casey Pomeroy, Nicole Ricks, Omar Rivas, Shane Smith, Allison Stanfield, Mark Weaselboy, Cody Wilson, Taylor Gatz, Sunni Welch, Kristi Pritchard, Maria Benita, Carla Pomeroy, Mandi Taylor, Barbara Ghiglia, Yazmin Aguilera, Daulton Amick, Laurel Amick, Katherine Boivin, Kimber Brown, Cody Carpenter, Terence Davis, Natasha Dugan, Sandra Elliott, Adam Eyzaguirre, Kattie Goodrick, Michael Goodrick, Stacey Johnson, Jordan Sedgwick, Becky Marquez, Simone Mincer, Lauren Mongillo, Etta-mae Allen, Paige Olivo, Karina Paholke, Jeffery Ramsey, Randall Reeder, T.J. Sanders, Larry Sandoval, Ricky Vargas, Liliana Peru, Kathi Ramsey, Irma Eyzaguirre, Jackie Mongillo, Renata Johnson and Renae Paholke.
On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to William Raley.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Vicki Lamb, Dixie Graham, Russ Osborn, José Alcaraz, Jonathan Blatnik, Chris Caspary-Bugely, Samantha Ensminger, Jonathon Glocknitzer, Casey Carlisle, Tianna Gregory, Ronny Griffin, Travis Keene, Jessica Lamb, Allisa Larsen, Andrew Lococo, Danielle Munk, Ashley Peretti, Allen Roach, Lisa Van Den Berg, Kirby Wigton, Amy Williams, Ericka Wilson, Andrea Wright, Sarah Young, Marcus Ombrose, Nick Andrews, Matthew Boyd, Ryan Bugg, Anthony Demarta, Rebecca Doan, Seanna Drew, Cory Greenwood, Kurt Hewlett, Ryan Kelly, Donnie Larson, Taylor Ohl, Blayne Osborn, Paulina Rubio, Rynn Stanton, Justin Stegemann, Nestor Sanchez, Lauren Hoppe, Aaron Whalin, Kevin Emm and Stephanie Ferguson.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Natalie Thew and Paula Santerior.
On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Kirk Mortenson.
On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Dr. Walter Eykmann, Dietmar Franzke, Christine Goertz, Stefan Jetz, Jakob Kreidl, Christa Naab, Eduard Nöth, Friedrich Odenbach, Rudolf Peterke, Adi Sprinkart, Dr. Gerhard Waschler, Wilhelm Hüllmantel, Franz Segl and Petra Neumeier.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Peggy Lear Bowen.
Assemblywoman Buckley moved that the Assembly adjourn until Saturday, May 26, 2001 at 10:00 a.m.
Motion carried.
Assembly adjourned at 4:35 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon