THE ONE HUNDRED AND SIXTEENTH DAY

                               

 

 

Carson City (Thursday), May 31, 2001

    Assembly called to order at 11:50 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Pastor Bruce Henderson.

    Lord, where would we be without water and food and family and basic essentials and even extravagant luxuries—not to mention all these delicious almonds. Thank You, Father. Where would we be without our support staff—the secretaries, the bookkeepers, the front desk, the full-time LCB staff, the police, the seasonal hirees. Thank You, Father.

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.

    Mr. Speaker announced if there were no objections, the Assembly would recess for the purpose of a presentation by Victor Tseng, Director General, Taipei Economic and Cultural Office in San Francisco.

    Assembly in recess at 12:00 p.m.

ASSEMBLY IN SESSION

    At 1:05 p.m.

    Mr. Speaker presiding.

    Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Health and Human Services, to which was referred Senate Bill No. 207, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Health and Human Services, to which was referred Senate Bill No. 402, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Health and Human Services, to which was referred Senate Bill No. 574, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Health and Human Services, to which was referred Senate Bill No. 208, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Health and Human Services, to which was referred Senate Bill No. 319, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Government Affairs.

Ellen M. Koivisto, Chairman

Mr. Speaker:

    Your Committee on Ways and Means, to which was referred Assembly Bill No. 597, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Ways and Means, to which were referred Senate Bills Nos. 139, 321, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Ways and Means, to which was re-referred Senate Bill No. 307, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

Mr. Speaker:

    Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 21, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

Mr. Speaker:

    Your Concurrent Committee on Ways and Means, 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: Do pass.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 30, 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. 285, 454, 531, 598.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 4, Amendment No. 1111; Assembly Bill No. 447, Amendment Nos. 928, 1146, 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. 54, Senate Amendment No. 663, and requests a conference, and appointed Senators Porter, Washington and Care 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 respectfully refused to recede from its action on Assembly Bill No. 133, Senate Amendment No. 1044, and requests a conference, and appointed Senators Townsend, O'Connell and Schneider 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 respectfully refused to recede from its action on Assembly Bill No. 653, Senate Amendment No. 926, and requests a conference, and appointed Senators Schneider, O'Connell and Coffin 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. 295, 445, 449, 459.

    Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 576.

    Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 814 to Senate Bill No. 219; Assembly Amendment No. 811 to Senate Bill No. 527.

    Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment Nos. 993, 1114 to Senate Bill No. 216; Assembly Amendment Nos. 1135, 1143 to Senate Bill No. 357.

    Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Amodei, Townsend and Mathews as a first Conference Committee concerning Senate Bill No. 116.

    Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Washington, Townsend and Mathews as a first Conference Committee concerning Senate Bill No. 482.

                                                                                    Mary Jo Mongelli

                                                                             Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    By Assemblymen Dini, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams; Senators Jacobsen, Amodei, Care, Carlton, Coffin, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:

    Assembly Joint Resolution No. 15—Urging the President and the Congress of the United States to support the participation of Taiwan of the Republic of China in the World Health Organization.

    Assemblyman Dini moved that all rules be suspended, reading so far had considered first reading, rules further suspended, resolution considered engrossed, declared an emergency measure under the Constitution and placed on the top of third reading and final passage.

    Motion carried unanimously.

general file and third reading

    Assembly Joint Resolution No. 15.

    Resolution read third time.

    Remarks by Assemblymen Dini, Buckley, Anderson, Hettrick, Nolan and Humke.

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

    Assemblyman Dini:

    Nevada has enjoyed its political and economic ties with Taiwan for many years. In 1985, Taiwan was designated as Nevada’s sister state. This resolution urges the United States Congress to support the participation of Taiwan of the Republic of China, in the World Health Organization. Participation in an international program such as the World Health Organization is crucial to world health to prevent the potential spread of various infectious diseases which increase proportionately with the increase in world trade and travel.  This country’s population of 21 million is larger than three-quarters of the member states already in the World Health Organization. Taiwan shares the noble goals of the organization and is committed to assist financially or technically in international aid and health activities. I therefore urge this house to support this resolution to tell the Congress to support their efforts to become a member of this organization.

    Assemblywoman Buckley:

    Thank you, Mr. Speaker. I rise in strong support of AJR 15. As this body works on health care issues, every session, I think all of us in this body are well aware the health care needs of every state and nation. It is so important, I believe, for the participation in the World Health Organization, as the resolution clearly states. As we move in friendship with our colleagues who have joined us here today, I would like to rise in strong support that we send a message to the President and the Congress to consider the health care needs first, and do all it can to ensure Taiwan of the Republic of China, finally gets the participation they deserve, back, to join the World Health Organization.

    Assemblyman Anderson:

    Thank you, Mr. Speaker. I rise in support of the resolution. Both in recognition of the commitment of the State of Taiwan of the Republic of China to its rightful position as a world health participant. I think it is only fitting that we recognize this more so, not just because she’s our sister state, but because of her position as a world leader, in terms of its economic position and its contribution for its citizens. It deserves and needs this type of recognition.

    Assemblyman Hettrick:

    Thank you, Mr. Speaker. I, too, rise in support AJR 15. I think it is important to recognize that Taiwan is not asking to step into this without being a willing participant and a partner in the funding and the technology that is a part of the World Health Organization. They have offered to participate in every way and be a true partner in the World Health Organization. I think the United States and the rest of the world need to recognize their willingness to help all of us benefit, not just for their own but for the entire world’s benefit, so I truly support this resolution and trust all of us will send that message.

    Assemblyman Nolan:

    Thank you, Mr. Speaker. I, too, rise in support of AJR 15. It doesn’t take much to draw correlation between our efforts to provide health care, as my colleague from Clark County said, to our rural areas and the health care that is needed in so many disadvantaged countries in the same region of the world, in which Taiwan exists. It would only be fitting that the assistance they have offered, Taiwan being advanced culturally and financially, would have world class physicians which they could lend to the efforts of these other disadvantaged countries. I strongly support AJR 15.

    Assemblyman Humke:

    Thank you, Mr. Speaker. I rise in support of AJR 15 and would echo the remarks of previous speakers. It is not hard to imagine that the regional leader, the Asian leader of all countries, would be the leader in the health care field as well. We need to support this resolution, to support our sister state with whom we have such great relations. Thank you, Mr. Speaker.

    Roll call on Assembly Joint Resolution No. 15:

    Yeas—42.

    Nays—None.

    Assembly Joint Resolution No. 15 having received a constitutional majority, Mr. Speaker declared it passed.

    Assemblyman Dini moved that all rules be suspended and that Assembly Joint Resolution No. 15 be immediately transmitted to the Senate.

    Motion carried unanimously.

MOTIONS, RESOLUTIONS AND NOTICES

    Assembly Resolution No. 14.

    By Assemblymen Perkins, Buckley and Hettrick:

    Assembly Resolution No. 14—Designating certain members of the Assembly as regular and alternate members of the Legislative Commission.

    Assemblywoman Giunchigliani moved the adoption of the resolution.

    Remarks by Assemblywoman Giunchigliani.

    Resolution adopted unanimously.

    Assemblywoman Buckley moved that Assembly Bill No. 597 be placed on the Second Reading File.

    Motion carried.

    Assemblywoman Buckley moved that Assembly Bill No. 21 and Senate Bills Nos. 207, 208, 402, 574, 139, 307 and 321 be placed on the Second Reading File.

    Assemblywoman Buckley moved that Senate Bill No. 500 be placed on the General File.

    Motion carried.

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

    Motion carried.

    Assemblywoman Buckley moved that the reading of the history on Senate Bills upon Introduction be dispensed with for this legislative day.

    Motion carried.

    Assemblywoman Giunchigliani moved that Senate Bill No. 531 be taken from the Chief Clerk’s desk and placed on the General File.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 295.

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

    Motion carried.

    Senate Bill No. 445.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Senate Bill No. 449.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.


    Senate Bill No. 459.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Senate Bill No. 576.

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

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 597.

    Bill read second time.

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

    Amendment No. 1163.

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

    “Section 1. There is hereby appropriated from the state general fund to the Department of Motor Vehicles and Public Safety the sum of $431,046 for the Division of Parole and Probation to be distributed as follows:

1.  For computer hardware and software equipment      $306,748

2.  For telecommunication costs for fiscal year 2001-2002             $62,149

3.  For telecommunication costs for fiscal year 2002-2003             $62,149

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

    2.  Any remaining balance of the appropriation made by subsection 2 of section 1 of this act must not be committed for expenditure after June 30, 2002, and reverts to the state general fund as soon as all payments of money committed have been made.

    3.  Any remaining balance of the appropriation made by subsection 3 of section 1 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 3. 1.  This section and subsection 1 of section 1 of this act become effective upon passage and approval.

    2.  Subsection 2 of section 1 of this act becomes effective on July 1, 2001.

    3.  Subsection 3 of section 1 of this act becomes effective on July 1, 2002.”.

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

“and ongoing telecommunication costs of”.

    Amend the summary of the bill to read as follows:

“SUMMARY—Makes appropriation to Department of Motor Vehicles and Public Safety for purchase of computers for and ongoing telecommunication costs of Division of Parole and Probation. (BDR S-1382)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 21.

    Bill read second time and ordered to third reading.

    Senate Bill No. 207.

    Bill read second time and ordered to third reading.

    Senate Bill No. 208.

    Bill read second time.

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

    Amendment No. 1169.

    Amend sec. 2, page 2, between lines 10 and 11, by inserting:

    “4.  The health division may solicit and accept gifts and grants to pay the costs associated with the position of state dental health officer.”.

    Amend sec. 3, page 2, between lines 34 and 35, by inserting:

    “4.  The health division may solicit and accept gifts and grants to pay the costs associated with the position of state public health dental hygienist.”.

    Amend the bill as a whole by deleting sec. 12 and inserting:

    “Sec. 12. (Deleted by amendment.)”.

    Amend the bill as a whole by renumbering sections 16 and 17 as sections 17 and 18 and adding a new section designated sec. 16, following sec. 15, to read as follows:

    “Sec. 16.  Section 7.5 of Senate Bill No. 133 of this session is hereby amended to read as follows:

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

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

    (a) Is of good moral character;

    (b) Is over 18 years of age;

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

    (d) Is a graduate of a school of dental hygiene or other institution that awards at least an associate degree upon completion of the program and that is accredited by a regional educational accrediting organization that is recognized by the United States Department of Education. The program of dental hygiene must:

        (1) Be accredited by the Commission on Dental Accreditation of the American Dental Association or its successor specialty accrediting organization; and

        (2) Include a curriculum of not less than 2 years of academic instruction in dental hygiene or its academic equivalent.

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

    Amend sec. 16, page 7, by deleting lines 9 and 10 and inserting:

    “Sec. 17. Notwithstanding the provisions of sections 2 and 3 of this act, for the fiscal years 2001-2002 and 2002-2003:

    1.  The health division may, in lieu of complying with the provisions of sections 2 and 3 of this act, appoint a”.

    Amend sec. 16, page 7, line 16, by deleting “Each” and inserting:

“Unless the health division provides otherwise, each”.

    Amend sec. 16, page 7, line 17, by deleting “act,” and inserting “act”.

    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. 402.

    Bill read second time and ordered to third reading.

    Senate Bill No. 574.

    Bill read second time.

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

    Amendment No. 1170.

    Amend sec. 18, page 4, line 38, by deleting “10” and inserting “8.5”.

    Assemblywoman Koivisto moved the adoption of the amendment.

    Remarks by Assemblywoman Koivisto.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 139.

    Bill read second time and ordered to third reading.

    Senate Bill No. 307.

    Bill read second time and ordered to third reading.

    Senate Bill No. 321.

    Bill read second time and ordered to third reading.


MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Bill No. 343 be taken from the General File and placed on the Chief Clerk’s desk.

    Remarks by Assemblywoman Buckley.

    Motion carried.

general file and third reading

    Assembly Bill No. 378.

    Bill read third time.

    Remarks by Assemblyman Freeman.

    Roll call on Assembly Bill No. 378:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 378 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 508.

    Bill read third time.

    Roll call on Assembly Bill No. 508:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 508 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 564.

    Bill read third time.

    Remarks by Assemblymen Giunchigliani, Koivisto and Angle.

    Assemblywoman Giunchigliani requested that her remarks be entered in the Journal.

    Assemblywoman Giunchigliani:

    Assembly Bill 564 is a key piece of legislation that will benefit our retirees as well as our current employees. When we voted this bill out, as amended, in Ways and Means it was asked that I read a letter of intent on the floor. I will submit it for the record if I may. As originally drafted AB 564 would have placed into statute a provision requiring the Public Employees Benefits Program to return to a coordination of benefits for Medicare retirees in the group health plan following the Medicare “carve out” of 1999. That statutory change was sought because the plan has not fully eliminated the impact of the carve out despite a 1999 Legislative Letter of Intent stating the carve out be eliminated or partially restored due to the disproportionate impact it had on retirees over 65 years of age. There has been some reduction on out-of-pocket costs for Medicare retirees in the plan from $3000 (for the year 2000) down to $2000 (for 2001). However relative to AB 564 the Ways and Means Committee requested a Letter of Intent expressing its continuing intention to ask the board to eliminate the impact the carve on our Medicare retirees.

    Potential conflict of interest declared by Assemblywoman Koivisto.

    Roll call on Assembly Bill No. 564:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 564 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

    Assembly Bill No. 596.

    Bill read third time.

    Roll call on Assembly Bill No. 596:

    Yeas—42.

    Nays—None.

    Assembly Bill No. 596 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that all rules be suspended and that all Assembly bills passed this legislative day be immediately transmitted to the Senate.

    Motion carried unanimously.

general file and third reading

    Senate Bill No. 232.

    Bill read third time.

    Remarks by Assemblyman Carpenter.

    Roll call on Senate Bill No. 232:

    Yeas—40.

    Nays—Angle, Gustavson—2.

    Senate Bill No. 232 having received a constitutional majority, Mr. Speaker declared it passed.

    Bill ordered transmitted to the Senate.

    Senate Bill No. 500.

    Bill read third time.

    Roll call on Senate Bill No. 500:

    Yeas—41.

    Nays—None.

    Not Voting—Goldwater.

    Senate Bill No. 500 having received a constitutional majority, Mr. Speaker declared it passed, as amended.

    Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Anderson moved that Senate Bill No. 194 be taken from the Chief Clerk's desk and placed on the General File for the next legislative day.

    Remarks by Assemblyman Anderson.

    Motion carried.


general file and third reading

    Senate Bill No. 531.

    Bill read third time.

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

    Amendment No. 1168.

    Amend the bill as a whole by deleting section 1 and renumbering sections 2 through 13 as sections 1 through 12.

    Amend sec. 2, page 2, lines 12 and 13, by deleting:

and section 1 of this act,”.

    Amend sec. 8, page 4, by deleting lines 7 through 11 and inserting:

    “(a) Is in the unclassified service of the state [.

    3.  Except as otherwise provided in NRS 284.143, the director shall] ;

    (b) Serves at the pleasure of the commission; and

    (c) Shall devote his entire time and attention to the business of his”.

    Amend sec. 10, page 4, by deleting lines 33 through 39 and inserting:

    “(a) Is in the unclassified service of the state [.

    3.  Except as otherwise provided in NRS 284.143, the deputy director shall] ; and

    (b) Shall devote his entire time and attention to the business of his”.

    Amend sec. 11, pages 4 and 5, by deleting lines 45 through 49 on page 4 and lines 1 and 2 on page 5, and inserting:

“out his functions and duties. The assistants and employees have such duties as may be prescribed by the executive director.”.

    Amend the bill as a whole by deleting sections 14 and 15 and renumbering sections 16 through 19.5 as sections 13 through 17.

    Amend the bill as a whole by deleting sec. 20 and renumbering sections 21 and 22 as sections 18 and 19.

    Amend the title of the bill to read as follows:

“AN ACT relating to the Colorado River commission; changing the name of the commission to the Colorado River commission of Nevada; changing the titles of certain officers of the commission; removing the option of the executive director of the commission and the deputy executive director of the commission to engage, under certain circumstances, in a business or occupation or hold another office for profit that is in addition to their employment with the commission; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

“SUMMARY¾Revises provisions concerning Colorado River commission. (BDR 48‑354)”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblywoman Giunchigliani.

    Amendment adopted.

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

UNFINISHED BUSINESS

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Parks, Neighbors and Tiffany as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 653.

Recede From Assembly Amendments

    Assemblywoman Chowning moved that the Assembly do not recede from its action on Senate Bill No. 303, 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 Assemblywoman Chowning.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Ohrenschall, Smith and Nolan as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 303.

Recede From Assembly Amendments

    Assemblywoman Koivisto moved that the Assembly do not recede from its action on Senate Bill No. 377, 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 Assemblywoman Koivisto.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen McClain, Williams and Gibbons as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 377.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Koivisto moved that Senate Bill No. 319 be re-referred to the Committee on Government Affairs.

    Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 447.

    The following Senate amendment was read:

    Amendment No. 928.

    Amend sec. 6, page 1, by deleting lines 20 and 21 and inserting:

    “Sec. 6.  “Home loan” means a consumer credit transaction that:

    1.  Is secured by a mortgage loan which involves real property located within this state; and

    2.  Constitutes a mortgage under § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32.”.

    Amend the bill as a whole by deleting sections 7 and 8 and inserting:

    “Secs. 7 and 8.  (Deleted by amendment.)”.

    Amend sec. 11, page 2, line 20, by deleting “assets.” and inserting:

assets, including, without limitation, income.”.

    Amend sec. 11, page 2, by deleting line 22 and inserting:

refinancing by the original borrower of a home loan owned by the lender or an affiliate of the lender.”.

    Amend sec. 11, page 2, line 40, by deleting “WITHOUT FINANCING”.

    Amend sec. 11, page 2, by deleting lines 42 and 43.

    Amend sec. 12, page 3, line 11, after “lender” by inserting “willfully”.

    Amend sec. 12, page 3, by deleting lines 13 through 18 and inserting:

loan, the lender is liable to the borrower in an amount equal to the sum of:

    (a) Three times the amount of actual damages sustained by the borrower; and

    (b) If an action brought by the borrower is successful in enforcing the liability imposed by paragraph (a), the costs of bringing the action and reasonable attorney’s fees as determined by the court.

    3.  The borrower has a defense against the unpaid obligation of the home loan to the extent of any amount awarded by a court pursuant to paragraph (a) of subsection 2, and the court, in addition to any other legal or equitable remedy, may cure any existing default of the home loan and cancel any pending foreclosure sale, trustee’s sale or other sale to enforce the home loan.”.

    Amend sec. 13, page 3, by deleting lines 22 through 24 and inserting:

general in an amount not to exceed $5,000.”.

    Amend the bill as a whole by deleting sections 15 and 16 and inserting:

    “Secs. 15 and 16.  (Deleted by amendment.)”.

    Amend the bill as a whole by adding a new section designated sec. 18.5, following sec. 18, to read as follows:

    “Sec. 18.5. The provisions of this act apply only to home loans entered into on or after October 1, 2001.”.

    Assemblyman Dini moved that the Assembly do not concur in the Senate Amendment No. 928 to Assembly Bill No. 447.

    Remarks by Assemblyman Dini.

    Motion carried.

    The following Senate amendment was read:

    Amendment No. 1146.

    Amend sec. 12, page 3, line 9, after “who” by inserting “willfully”.

    Amend sec. 13, page 3, line 26, after “who” by inserting “willfully”.

    Assemblyman Dini moved that the Assembly concur in the Senate Amendment No. 1146 to Assembly Bill No. 447.

    Remarks by Assemblyman Dini.

    Motion carried by a constitutional majority.

    Bill ordered transmitted to the Senate.

Recede From Assembly Amendments

    Assemblyman Dini moved that the Assembly do not recede from its action on Senate Bill No. 216, 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 Dini.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen Parks, Oceguera and Nolan as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 216.

Consideration of Senate Amendments

    Assembly Bill No. 627

    The following Senate amendment was read:

    Amendment No. 736.

    Amend the bill as a whole by renumbering sections 2 through 9 as sections 13 through 20 and adding new sections designated sections 2 through 12, following section 1, to read as follows:

    “Sec. 2. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 12, inclusive, of this act.

    Sec. 3. As used in sections 3 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 4.  “Commissioner” means the commissioner of the consumer affairs division of the department of business and industry.

    Sec. 5. “Division” means the consumer affairs division of the department of business and industry.

    Sec. 6. “Seller of travel” means a person who offers for sale, directly or indirectly, transportation by air, land, rail or water, travel services, vacation certificates or any combination thereof, to a person or group of persons for a fee, commission or other valuable consideration. The term:

    1.  Includes any person who offers membership in a travel club or any services related to travel for an advance fee or payment.

    2.  Does not include:

    (a) A hotel that provides or arranges travel services for its patrons or guests; or

    (b) A person who, for compensation, transports persons or property by air, land, rail or water.

    Sec. 7. “Travel services” include, without limitation, short-term leases of passenger cars, lodging, transfers, sight-seeing tours and any other services that are related to travel by air, land, rail or water or any other method of transportation.

    Sec. 8. “Vacation certificate” means any document received by a person for consideration paid in advance which evidences that the holder of the document is entitled to:

    1.  Transportation by air, land, rail or water; or

    2.  The use of lodging or other facilities for a specified period,

 

 
during the period for which the certificate is valid.

    Sec. 9.  1.  Before advertising its services or conducting business in this state, a seller of travel must register with the division by:

    (a) Submitting to the division an application for registration on a form prescribed by the division;

    (b) Paying to the division a fee of $25; and

    (c) Depositing the security required pursuant to section 10 of this act, if any, with the division.

    2.  The division shall issue a certificate of registration to the seller of travel upon receipt of:

    (a) The security in the proper form if the seller of travel is required to deposit security pursuant to section 10 of this act; and

    (b) The payment of the fee required by this section.

    3.  A certificate of registration:

    (a) Is not transferable or assignable; and

    (b) Expires 1 year after it is issued.

    4.  A seller of travel must renew a certificate of registration issued pursuant to this section before the certificate expires by:

    (a) Submitting to the division an application for the renewal of the certificate on a form prescribed by the division; and

    (b) Paying to the division a fee of $25.

    Sec. 10. 1.  Except as otherwise provided in subsection 8, each seller of travel 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 seller of travel 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 seller of travel.

    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 $50,000.

    4.  If the seller of travel deposits a bond, the seller of travel 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 seller of travel 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 comply with the requirements of this chapter.

    6.  A seller of travel may change the form of security that he has deposited with the division. If the seller of travel 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 seller of travel as security for claims arising during the time the previous security was in effect.

    7.  If the amount of the deposited security falls below the amount required by this chapter for that security, the seller of travel shall be deemed not to be registered as required by section 9 of this act for the purposes of this chapter.

    8.  The provisions of this section do not apply to a seller of travel who is accredited by and appointed as an agent of the Airlines Reporting Corporation.

    Sec. 11. 1.  The security required to be deposited by a seller of travel pursuant to section 10 of this act must be held in trust for consumers injured as a result of:

    (a) Any act of fraud or misrepresentation by the seller of travel acting in his capacity as a seller of travel;

    (b) The bankruptcy of the seller of travel; or

    (c) The breach of any contract entered into by the seller of travel in his capacity as a seller of travel.

    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 seller of travel has its principal place of business. The division may deduct its costs of the action, including 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 seller of travel 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 seller of travel has posted a bond with the division, distribution pursuant to this subsection relieves the surety of all liability under the bond.

    5.  If the security is sufficient to pay all claims against the security in full, the division may deduct from the amount of the security, the cost of any investigation or hearing it conducted to determine the distribution of the security.

    Sec. 12. 1. If no claims have been filed against the security deposited with the division pursuant to section 10 of this act within 6 months after the seller of travel ceases to operate or his registration expires, whichever occurs later, the commissioner shall release the security to the seller of travel 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 seller of travel ceases to operate or his registration expires, whichever occurs later, the proceeds must not be released to the seller of travel or distributed to any consumer earlier than 1 year after the seller of travel ceases to operate or his registration expires, whichever occurs later.

    3. For the purposes of this section, the commissioner shall determine the date on which a seller of travel ceases to operate.”.

    Amend sec. 2, page 3, between lines 28 and 29, by inserting:

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

    Amend sec. 3, page 3, between lines 44 and 45, by inserting:

The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.”.

    Amend sec. 3, page 4, by deleting line 10 and inserting:

    “598.840 to 598.966, inclusive, or [598.992,] sections 3 to 12, inclusive, of this act, fails to comply with a ”.

    Amend sec. 6, page 5, by deleting line 18 and inserting:

    “598.946  1.  Except as otherwise provided in subsection 5, before”.

    Amend sec. 6, page 5, line 19, by deleting “Before”.

    Amend sec. 6, page 5, by deleting lines 22 through 24 and inserting:

“NRS 598.2807. The security must [be] :

    (a) Be conditioned on compliance by the owner with the provisions of NRS 598.940 to 598.966, inclusive, and the terms of the contract with a buyer [.] ; and

    (b) Remain on deposit with the division until the release of the security is authorized or required pursuant to NRS 598.2809, except that the dance studio or health club may change the form of the security as provided in NRS 598.2807.”.

    Amend sec. 6, page 6, by deleting lines 1 through 9 and inserting:

    “5.  [If a dance studio or health club has actively conducted business for not less than 4 consecutive years and has not changed ownership or, in the case of a corporation, not more than 25 percent of its authorized shares have been transferred, it is not required to deposit security with the division pursuant to NRS 598.2807.] If , on October 1, 2001, a dance studio or health club [does not deposit such security, it shall] has not deposited security with the division pursuant to NRS 598.2807 because it was not required to do so pursuant to this section, the dance studio or health club:

    (a) Is not required to deposit security with the division pursuant to NRS 598.2807; and

    (b) Shall obtain a written acknowledgment from each member and prominently post a notice on its premises stating that no security for refunds or reimbursement has been deposited with the State of Nevada.”.

    Amend sec. 8, page 6, line 11, by deleting “4” and inserting “15”.

    Amend sec. 9, page 6, by deleting line 28 and inserting:

    “Sec. 20.  1.  This section, sections 1 to 12, inclusive, and 14 to 19, inclusive, of this act become effective on October 1, 2001.

    2.  Section 13 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.

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

“with the consumer affairs division; requiring certain sellers of travel to register and deposit security with the consumer affairs division; authorizing certain consumers to bring and maintain actions to recover against the security; providing for the release of the security within a certain period after the seller of travel ceases to operate; and providing other matters properly relating”.

    Assemblyman Dini moved that the Assembly concur in the Senate Amendment No. 736 to Assembly Bill No. 627.

    Remarks by Assemblyman Dini.

    Motion carried by a two-thirds constitutional majority.

    The following Senate amendment was read:

    Amendment No. 841.

    Amend sec. 14, page 6, by deleting line 22 and inserting:

“pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of [this act] Assembly Bill No. 337 of this session upon a”.

    Amend sec. 14, page 6, by deleting lines 29 through 32 and inserting:

“enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of [this act.] Assembly Bill No. 337 of this session.

    2.  In any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of [this act,] Assembly Bill No. 337 of this session, if the court finds that a person has willfully engaged in a”.

    Amend sec. 14, page 7, line 2, by deleting “inclusive, 598.100” and inserting:
“inclusive, and section 1 of [this act,] Assembly Bill No. 337 of this session, 598.100”.

    Assemblyman Dini moved that the Assembly concur in the Senate Amendment No. 841 to Assembly Bill No. 627.

    Remarks by Assemblyman Dini.

    Motion carried by a two-thirds constitutional majority.

    The following Senate amendment was read:

    Amendment No. 958.

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

    “Section 1.  (Deleted by amendment.)”.

    Assemblyman Dini moved that the Assembly concur in the Senate Amendment No. 958 to Assembly Bill No. 627.

    Remarks by Assemblyman Dini.

    Motion carried by a two-third’s constitutional majority.

    The following Senate amendment was read:

    Amendment No. 1086.

    Amend sec. 2, page 1, line 3, by deleting “12,” and inserting “13,”.

    Amend sec. 6, page 2, line 7, by deleting “or”.

    Amend sec. 6, page 2, line 9, by deleting “water.” and inserting:

water; or

    (c) A tour broker or tour operator who is subject to the provisions of sections 2 to 14, inclusive, of Assembly Bill No. 245 of this session.”.

    Amend sec. 7, page 2, by deleting lines 10 through 13 and inserting:

    “Sec. 7. “Travel services” includes, without limitation:

    1.  Short-term leases of passenger cars;

    2.  Lodging;

    3.  Transfers;

    4.  Sightseeing tours other than sightseeing tours for which a tour broker or tour operator is regulated pursuant to sections 2 to 14, inclusive, of Assembly Bill No. 245 of this session; and

    5.  Any other services that are related to travel by air, land, rail or water or any other method of transportation.”.

    Amend the bill as a whole by renumbering sections 13 through 17 as sections 14 through 18 and adding a new section designated sec. 13, following sec. 12, to read as follows:

    “Sec. 13.  The commissioner of the consumer affairs division of the department of business and industry may adopt regulations governing the disclosures that must be made by a provider to a customer before the customer may be charged for a telecommunications service.”.

    Amend sec. 14, page 5, by deleting line 25 and inserting:

“and section 1 of Assembly Bill No. 337 of this session upon a”.

    Amend sec. 14, page 5, by deleting line 33 and inserting:

“and section 1 of Assembly Bill No. 337 of this session.”.

    Amend sec. 14, page 5, by deleting lines 35 and 36 and inserting:

“598.0999, inclusive, and section 1 of Assembly Bill No. 337 of this session, if the court finds that a person has willfully engaged in a”.

    Amend sec. 14, page 6, by deleting lines 8 through 10 and inserting:

“inclusive, and section 1 of Assembly Bill No. 337 of this 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 Assembly Bill No. 245 of this [act or 598.992,] session or sections 3 to 12, inclusive, of this act,”.

    Amend the bill as a whole by renumbering sections 18 through 20 as sections 20 through 22 and adding a new section designated sec. 19, following sec. 17, to read as follows:

    “Sec. 19. NRS 598.968 is hereby amended to read as follows:

    598.968  As used in NRS 598.968 to 598.9694, inclusive, and section 13 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.9682 and 598.9684 have the meanings ascribed to them in those sections.”.

    Amend sec. 19, page 8, line 22, by deleting “15” and inserting “16”.

    Amend sec. 20, page 8, line 39, by deleting:

“12, inclusive, and 14 to 19,” and inserting:

“13, inclusive, and 16 to 21,”.

    Amend sec. 20, page 8, line 41, by deleting:

“Section 13 of this act becomes” and inserting:

“Sections 14 and 15 of this act become”.

    Amend the title of the bill to read as follows:

“AN ACT relating to trade practices; authorizing the commissioner of the consumer affairs division of the department of business and industry to adopt regulations governing the disclosures that must be made by a provider of a telecommunications service to a customer before the customer is charged for the service; expanding the definition of “deceptive trade practice” to include certain advertising practices relating to goods or services; revising the provisions governing certificates of registration issued to certain registrants by the consumer affairs division; requiring the renewal of those certificates of registration; increasing the amount of the security that certain dance studios and health clubs are required to deposit with the consumer affairs division; requiring certain sellers of travel to register and deposit security with the consumer affairs division; authorizing certain consumers to bring and maintain actions to recover against the security; providing for the release of the security within a certain period after the seller of travel ceases to operate; and providing other matters properly relating thereto.”.

    Assemblyman Dini moved that the Assembly concur in the Senate Amendment No. 1086 to Assembly Bill No. 627.

    Remarks by Assemblyman Dini.

    Motion carried by a two-thirds constitutional majority.

    The following Senate amendment was read:

    Amendment No. 1136.

    Amend sec. 13, page 4, by deleting lines 38 and 39 and inserting:

    “Sec. 13. The public utilities commission of Nevada may adopt regulations governing”.

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

“AN ACT relating to trade practices; authorizing the public utilities commission of Nevada to adopt regulations”.

    Assemblyman Dini moved that the Assembly concur in the Senate Amendment No. 1136 to Assembly Bill No. 627.

    Remarks by Assemblyman Dini.

    Motion carried by a two-thirds constitutional majority.

    Bill ordered to enrollment.

Recede From Assembly Amendments

    Assemblyman de Braga moved that the Assembly do not recede from its action on Senate Bill No. 357, 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 de Braga.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen de Braga, Bache and Brown as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 357.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Goldwater moved that Senate Bill No. 307 be taken from the General File and placed on the Chief Clerk's desk.

    Remarks by Assemblyman Goldwater.

    Motion carried.

UNFINISHED BUSINESS

Recede From Assembly Amendments

    Assemblyman de Braga moved that the Assembly do not recede from its action on Senate Bill No. 62, 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 de Braga.

    Motion carried.

Appointment of Conference Committees

    Mr. Speaker appointed Assemblymen de Braga, Bache and Carpenter as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 62.


MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 31, 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. 187, 189, 507, 517, 524, 527, 529, 532, 533; Senate Bill No. 581.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 530, Amendment No. 1152; Assembly Bill No. 618, Amendment No. 1153, 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 adopted Assembly Concurrent Resolution No. 37.

    Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 84, 442, 463, 579.

                                                                                    Mary Jo Mongelli

                                                                             Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

    Senate Bill No. 84.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Senate Bill No. 442.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Senate Bill No. 463.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Senate Bill No. 579.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

    Senate Bill No. 581.

    Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.

    Motion carried.

REMARKS FROM THE FLOOR

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

    Assemblyman Carpenter:

    Thank you, Mr. Speaker. Today is Cowboy Hall of Fame day in the Nevada Assembly. Mr. Williams and I have the special honor to induct special people into the Cowboy Hall of Fame today. If you don’t make it this time, just remember if you stay here long enough, you will become a member of the Cowboy Hall of Fame. Maybe Mr. Williams would like to make a preliminary statement on what the Hall of Fame is all about.

    Assemblyman Williams:

    Thank you, Mr. Speaker. First of all, I want to tell all the members why it is better to be a cowboy than to be a politician. First of all, a cowboy gets up early in the morning and he decides what he is going to do. He then straddles his horse and he gets to work. He spends as little money as he can. He does the best he can. A politician, on the other hand, gets up late in the morning, straddles the fence, spends all the money he can, gets all the votes lined up, then he decides what to do. So, Mr. Speaker, being a charter member of the Cowboy Hall of Fame and the only urban cowboy in the Hall of Fame, I was somewhat reluctant to accept the position my colleague from Elko has taken, but being an honorary resident of Elko, I had to go along with that as well. Getting into the Cowboy Hall of Fame is something that is not easily and readily done. Living in the West is one of the things we honor and respect throughout the State. Those members that we induct into the Hall of Fame today take this induction with a lot of pride and honor. You have to be able to sit out on the range by the campfire. You just can’t get up on a horse, put him in a trailer, and drive where you have to go. You have to ride out to the range, eat the beans from the can, recite the poetry and live the cowboy way. With that, Mr. Speaker, we would like to, with your indulgence, present to you today, the member of the Cowboy Hall of Fame. We would like to ask that we have as much decorum and respect as possible when we do this. I would hate to do what a cowboy had to do down in Texas.

    This cowboy rode into town and he wanted a drink. He pulled into a saloon. It was one of those towns where the local people had a habit of picking on strangers. So this particular cowboy rode into town and had his drink at the saloon. We he went back outside someone had stolen his horse. He walked back into the bar and said, “Don’t make me do what I had to do down in Texas. I’m going to have another drink. When I finish, I expect my horse to be back where I left it.” He took his gun out, threw it up in the air without even looking, caught it and shot the chandelier out. He drank one more beer and went back outside. His horse was sitting right where he had left it. He got on his horse and started to ride out of town when the bartender staggered outside. He asked, “By the way, stranger. What did you have to do down in Texas?” The cowboy turned around and said, “I had to walk the rest of the way to where I was going.” So, we don’t want to do what we had to do in Texas when we do this.

    Assemblyman Carpenter:

    Thank you, Mr. Speaker. The Cowboy Way: Write it in your heart. Stand by the code and it will stand by you. Ask no more and give no less than honesty, courage, loyalty, generosity, fairness and never forget their constituents name.

    Assemblyman Williams:

    Speaker Rich “The Kid” Perkins is a native Nevadan, born in Boulder City and first elected to the Nevada Assembly in 1993 serving five regular sessions by following the cowboy rule of, “Talk low, talk slow and don’t say too much.” With that, we would like to induct Speaker Richard Perkins into the Cowboy Hall of Fame.

    Mr. Speaker:

    Thank you, to Mr. Carpenter and Mr. Williams. It is an honor I am at a loss of words to describe.

    Assemblyman Carpenter:

    Whereas, Vonne “Boom Boom” Chowning is a graduate of the University of Nevada and has served six regular sessions and one special session by following the cowboy rule of, “The easiest way to eat crow is while it’s still warm. The colder it gets, the harder it is to swaller.” We want to now induct “Boom Boom” into the Cowboy Hall of Fame.

    Assemblyman Williams:

    Thank you, Mr. Speaker. I need to tell all those people who have been trying to get into the Hall of Fame. One of the things you have to know how to do is the “hambone.” You got to be able to do the “hambone” to get into the Cowboy Hall of Fame. If you need some lessons on that, I’ll give you that lesson. Whereas, Dave “Hambone” Humke has served the state of Nevada as a United States Marine and in ten regular sessions and two special sessions by following the cowboy rule of, “It don’t take a genius to spot a goat in a flock of sheep.” We hereby induct David “Hambone” Humke into the Cowboy Hall of Fame.

    Assemblyman Humke:

    Thank you, Mr. Speaker and ya’ll. I’ve learned one thing from the charter members of the Hall of Fame—stop trying so hard and you’ll get in. Thank you.

    Assemblyman Carpenter:

    Whereas, Lynn “Cool Hand” Hettrick was co-speaker of the Assembly in 1995 and has served in five regular sessions by following the cowboy rule of, “Timing has a lot to do with the outcome of a rain dance.” Mr. Co-Speaker, you are now a member of the famous Cowboy Hall of Fame.

    Assemblyman Williams:

    I just want to say to all those buckaroos, sidewinders, and cowpokes who might be listening out on the Internet today, there’s some very beautiful cowgirls in this facility today. With that, Mr. Speaker: WHEREAS, Chris “Bulldog” Giunchigliani received her Masters degree in Education from UNLV and has served six regular sessions by following the cowboy rule of, “Don’t worry about bitin’ off more’n you can chew; your mouth is probably a whole lot bigger’n you think.”

    Assemblywoman Giunchigliani:

    From a “ka-girl” to a “ka-boy,” thank you very much. I am quite honored. I guess I will have to go out and do a tour of Elko again in the near future.

    Assemblyman Carpenter:

    This is a lot of fun.Whereas, Moose “Brush Popper” Arberry was educated in Nevada at Western High School and UNLV and has served in nine regular sessions and one special session by following the cowboy rule of, “If you’re ridin’ ahead of the herd, take a look back every now and then to make sure it’s still there with ya.”

    Assemblyman Williams:

    Thank you, Mr. Speaker. We are trying to get through this as fast as we can but this is very important business for our State.Whereas, Bernard “Bubba” Anderson was born, raised and educated in the Great State of Nevada and has served six regular sessions by following the cowboy rule of, “The biggest troublemaker you’ll probably ever have to deal with watches you shave his face in the mirror every morning.”

    Assemblyman Anderson:

    “Awww, shucks.”

    Assemblyman Carpenter:

    Now, for the guy that was really hoping he would get into the Cowboy Hall of Fame. It took us a long time to decide. Whereas, Tom “Rhinestone” Collins is a Nevada Power Company Apprentice Program graduate and has served four regular sessions by following the cowboy rule of, “Don’t try on another man’s hat. It’s almost as bad as getting on his horse.” So, with that Tom Collins, you are finally in the Cowboy Hall of Fame.

    Assemblyman Collins:

    Mr. Speaker, members of this illustrious body, I am very proud to have finally made this accomplishment. This is a very important goal I have always had ever since I got into the Legislature. In fact, after not making it last time after the last session, I immediately went to Yerington where the best cattle in the State of Nevada are grown and bought seven heifers that were already bred so that I could really be a cowboy. It worked. Thank you, very much.

    Assemblyman Carpenter:

    Mr. Collins, buying those cows, you are going to be a broke cowboy.

    Assemblyman Williams:

    Mr. Speaker, finally, probably the only real cowboy, other than my colleague from Elko and myself in this building—WHEREAS, Terry “Biscuit Roller” Sullivan is a native Nevadan raised in Lovelock and has served in the Assembly Sergeant at Arms office for four regular sessions by following the cowboy rule of, “Few cowboys ever owned much. The primary reward of being a cowboy was the pleasure of living a cowboy’s life.” We present the real cowboy of Nevada, Terry “Biscuit Roller” Sullivan.

    Assemblyman Carpenter:

    Thank you. We appreciate all of you being in the Assembly. Remember, if you stay here long enough, whether you like or not, you’re going to get into the Cowboy Hall of Fame. This time there were so many people that should be in that we had to roll the dice, like we do in Nevada. It’s the luck of the draw. Stay around and run again. Resolved By The Legislative Cowboy Hall Of Fame, that these eight legislative members and one honorary member are recognized for their outstanding service in following the Cowboy Way; and be it further

    Resolved that Rick “The Kid” Perkins, Vonne “Boom Boom” Chowning, Dave “Hambone” Humke, Lynn “Cool Hand” Hettrick, Chris “Bulldog” Giunchigliani, Moose “Brush Popper” Arberry, Bernard “Bubba” Anderson, Tom “Rhinestone” Collins and Terry “Biscuit Roller” Sullivan are hereby inducted into the Nevada Assembly Cowboy Hall of Fame. This official proclamation is signed by John “Boss” Carpenter and Wendell “Rowdy” Williams. Thank you, all.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 77, 102, 198, 225, 229, 235, 248, 273, 489, 581, 641, 643; Assembly Concurrent Resolutions Nos. 39, 40; Senate Bills Nos. 219, 527.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Tony Dane.

    On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Patti Ogren, Charlie Christy, Suzanne Myers, Gail Imzaki, Peggy Livingston, Maggie Lattimore, Karen Cummins, Dorothy Tanaka, Chelsie Christy, Ginny Delaski, Mary Ford Germano, Carolyn Gillis, Doris, Jackson and T.J. Gioia.

    On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Yvonne Lewis.

    On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Shanna Krueger, Mark Krueger, Nancy Bieberdorf, Victor Barajas, Tee Baratti, Tana Barker, Jason Cain, Justin Cavdill, Rebecca Coles, Allen Coyle, Jason Etchison, Chris Fleming, Shannon Fleming, Michael Janas, Kevin Kittel, Felicia Kunkle, Maggie Ladd, Stephanie Langley, Sarah McKenna, James McRae, Jeffrey Miller, Richard Moore, Marc Welson, Angela Wiblett, Leslie Wiblett, Sean Polish, Amy Schanhals, Mathew Spieth, Tricia Stransky, Rene Torres, Jenilee Acne, Roxanne Bales, Chris Becker, Matt Borremans, Ryan Dimit, Michelle Hulme, Jim Kepler, Dana Kincaid, Carissa Leach, Angela Longe, Carne Macall, Jason Manning, Brian Martin, Stephanie Nickerson, Robert Nylen, Rena-Lynn Powers, Louis Ramos, Cayla Reese, Melissa Robson, Matt Sobol, Sheila Toombs, Shane Van Zant, Sarah Vay, Rachelle Villeneuve, Tzeitel Volberdine, Katie Williams, Victor Tseng and Charles Liu.

    On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Joyce Peterson and Lorry White.

    On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Kristin Hanson.

    On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Jane Johnson, Peggy Dehl, Tony Mariskanish, Julie Patterson, Markus Adams, Stephanie Adamson, Alex Angelo, Kelsey Berg, Max Brown, Sarah Crockett, Michelle Fleming, Walker Gotchy, Chelsea Haynes, Nikita Jensen, Llanie Ibarra, Shaun Kennedy, Matthew Kleinfieldt, James Kronenberg, Michael Lawrence, Jenny Lushing, Tony Mariskanish, Amanda Osborne, Kevin Patterson, Nick Rahm, Rachael Remington, Lisa Santillanez, Micah Trainor, Kelby Ward.

    On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Tim Martin.

    Assemblyman Parks moved that the Assembly adjourn until Friday, June 1, 2001 at 11:30 a.m.

    Motion carried.

    Assembly adjourned at 2:27 p.m.

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly