NEVADA LEGISLATURE

THE ONE HUNDRED AND FIFTEENTH DAY

Carson City (Wednesday), May 28, 2003

Assembly called to order at 11:26 a.m.

Mr. Speaker presiding.

Roll called.

All present.

Prayer by the Chaplain, Reverend Bruce Henderson.

Father, we come to You today as products of a rich heritage. Our forefathers wrote that we have been “endowed by our Creator.” Our currency carries our national motto, “In God we trust.” Our years are marked B.C. and A.D. to commemorate Your intervention into a fallen world. The presidential oath ends with the words, “so help me God.” And, in just a moment, we will pledge that we are “one nation under God.” So, it is natural that we come to You today to request Your help as we try to wrap up this session of the Nevada State Legislature. As You have been our help in ages past, please be that for the next several days as well. Thank You.

Amen.

Pledge of Allegiance to the Flag.

Assemblyman Oceguera 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 Elections, Procedures, and Ethics, to which were referred
Assembly Concurrent Resolution No. 18; Senate Concurrent Resolutions Nos. 20, 26, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Also, your Committee on Elections, Procedures, and Ethics, to which was referred
Senate Bill No. 289, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Chris Giunchigliani, Chairman

Mr. Speaker:

Your Committee on Ways and Means, to which were referred Assembly Bill No. 550;
Senate Bills Nos. 164, 263, 324, 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 were re-referred Senate Bills Nos. 173, 456, 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 27, 2003

To the Honorable the Assembly:

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. 163, Senate Amendments Nos. 860, 897, 661, and requests a conference, and appointed Senators Amodei, Care, and McGinness 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. 536, Senate Amendments Nos. 770, 672, 898, and requests a conference, and appointed Senators Amodei, Care, and McGinness 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 concurred in the Assembly Amendment No. 809 to Senate Bill No. 19; Assembly Amendment No. 777 to Senate Bill No. 55; Assembly Amendment No. 826 to Senate Bill No. 76;
Assembly Amendment No. 735 to Senate Bill No. 78; Assembly Amendment No. 721 to
Senate Bill No. 82; Assembly Amendment No. 744 to Senate Bill No. 100;
Assembly Amendment No. 873 to Senate Bill No. 112; Assembly Amendment No. 637 to Senate Bill No. 146; Assembly Amendments Nos. 812, 883 to Senate Bill No. 168;
Assembly Amendment No. 636 to Senate Bill No. 176; Assembly Amendment No. 628 to Senate Bill No. 179; Assembly Amendment No. 646 to Senate Bill No. 181;
Assembly Amendment No. 814 to Senate Bill No. 196; Assembly Amendment No. 795 to Senate Bill No. 262; Assembly Amendment No. 794 to Senate Bill No. 309;
Assembly Amendment No. 783 to Senate Bill No. 312; Assembly Amendment No. 647 to Senate Bill No. 328; Assembly Amendment No. 793 to Senate Bill No. 329;
Assembly Amendment No. 780 to Senate Bill No. 331; Assembly Amendments Nos. 627, 817 to Senate Bill No. 332; Assembly Amendment No. 784 to Senate Bill No. 345;
Assembly Amendment No. 706 to Senate Bill No. 354; Assembly Amendment No. 690 to Senate Bill No. 386; Assembly Amendment No. 738 to Senate Bill No. 444;
Assembly Amendment No. 705 to Senate Bill No. 452; Assembly Amendment No. 788 to Senate Bill No. 453; Assembly Amendment No. 641 to Senate Bill No. 470;
Assembly Amendment No. 642 to Senate Bill No. 475; Assembly Amendment No. 651 to Senate Bill No. 485; Assembly Amendment No. 650 to Senate Bill No. 486;
Assembly Amendment No. 757 to Senate Bill No. 489; Assembly Amendment No. 649 to Senate Joint Resolution No. 3; Assembly Amendment No. 648 to Senate Joint Resolution No. 4.

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. 774 to Senate Bill No. 97;
Assembly Amendment No. 737 to Senate Bill No. 143; Assembly Amendment No. 592 to Senate Bill No. 144; Assembly Amendment No. 790 to Senate Bill No. 147;
Assembly Amendments Nos. 575, 785 to Senate Bill No. 231; Assembly Amendments Nos. 884, 904 to Senate Bill No. 319; Assembly Amendment No. 615 to Senate Bill No. 359;
Assembly Amendments Nos. 901, 755 to Senate Bill No. 370; Assembly Amendment No. 729 to Senate Bill No. 436; Assembly Amendment No. 792 to Senate Bill No. 449;
Assembly Amendment No. 638 to Senate Bill No. 451; Assembly Amendment No. 786 to Senate Bill No. 459.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Hardy, Rhoads, and Wiener as a first Conference Committee concerning Senate Bill
No. 59.

Mary Jo Mongelli

Assistant Secretary of the Senate

UNFINISHED BUSINESS

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Anderson, Sherer, and Horne as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 163.

Mr. Speaker appointed Assemblymen Anderson, Sherer, and Horne as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 536.

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 18.

Assemblywoman Giunchigliani moved the adoption of the resolution.

Remarks by Assemblywoman Giunchigliani.

Resolution adopted.

Senate Concurrent Resolution No. 20.

Assemblywoman Giunchigliani moved the adoption of the resolution.

Remarks by Assemblywoman Giunchigliani.

Resolution adopted.

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

Assembly in recess at 11:35 a.m.

ASSEMBLY IN SESSION

At 11:48 a.m.

Mr. Speaker presiding.

Quorum present.

Senate Concurrent Resolution No. 26.

Assemblywoman Giunchigliani moved the adoption of the resolution.

Remarks by Assemblywoman Giunchigliani.

Resolution adopted.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 519, 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

SECOND READING AND AMENDMENT

Assembly Bill No. 550.

Bill read second time and ordered to third reading.

Senate Bill No. 164.

Bill read second time and ordered to third reading.

Senate Bill No. 263.

Bill read second time and ordered to third reading.

Senate Bill No. 289.

Bill read second time and ordered to third reading.

Senate Bill No. 324.

Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Oceguera moved that Assembly Bill No. 519 be taken from its position on the General File and placed at the top of the General File.

Motion carried.

Assemblyman Oceguera moved that Senate Joint Resolution No. 10 be taken from the General File and placed on the General File for the next legislative day.

Motion carried.

Assemblyman Oceguera moved that Senate Bill No. 66 be taken from the Chief Clerk’s desk and placed on the General File.

Motion carried.

general file and third reading

Assembly Bill No. 519.

Bill read third time.

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

Amendment No. 937.

Amend the bill as a whole by adding a new section designated sec. 10, following sec. 9, to read as follows:

“Sec. 10. This act becomes effective July 1, 2003.”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Amendment adopted.

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

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 146.

The following Senate amendment was read:

Amendment No. 665.

Amend the bill as a whole by deleting sections 1 through 5 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:

“Section 1. Chapter 625 of NRS is hereby amended by adding thereto a new section to read as follows:

1. On or before February 1 of each year, the Board shall submit a report to the Director of the Legislative Counsel Bureau for distribution to each member of the Senate Standing Committee on Commerce and Labor and the Assembly Standing Committee on Commerce and Labor.

2. Each report submitted pursuant to subsection 1 must include the following information for the previous calendar year:

(a) The number of persons who relied upon the provisions of this chapter relating to education to qualify for the issuance of a license, the results of each examination taken by each of those persons and a statement indicating whether the Board issued a license to each of those persons;

(b) A description of the facts and circumstances under which the Board exercised its discretion regarding whether to allow an applicant for a license to take the examination for that license or to issue a license to the applicant; and

(c) The number and types of complaints, if any, the Board received regarding the procedure for applying for a license and the procedure for issuance of a license.

Sec. 2. NRS 625.100 is hereby amended to read as follows:

625.100 1. The Governor shall appoint seven persons, ~~[six]~~ four of whom must be engaged in the practice or teaching of professional engineering in any of its disciplines except military engineering, ~~[and one]~~ two of whom must be engaged in the practice or teaching of land surveying ~~[.]~~ and one of whom must be a member of the general public. The members must be citizens of the United States and residents of this state, and constitute the State Board of Professional Engineers and Land Surveyors.

2. All appointments made for members who are engaged in the practice or teaching of professional engineering or land surveying must be made from the current roster of professional engineers and professional land surveyors as issued by the Board and on file in the office of the Secretary of State. Insofar as practicable, membership on the Board of those members must be distributed proportionately among the recognized disciplines of the profession. ~~[One of the members who is a professional land surveyor must not be licensed as a professional engineer.]~~ The members who are professional land surveyors must not be professional engineers.

3. Within 30 days after his appointment, ~~[a]~~ each member shall take and subscribe to the oath of office as prescribed by the laws of Nevada and shall file the oath with the Secretary of State.

Sec. 3. NRS 625.154 is hereby amended to read as follows:

625.154 1. The Board shall hold examinations of applicants for licenses at least once each year in localities determined by the number of applications received.

2. The examinations must be written and administered in English.

3. The Board shall not prohibit an applicant for a license from taking a regularly scheduled examination for that license solely because the Board failed to review the applicant's application before the examination. If the Board prohibits an applicant for a license from taking the examination in violation of this subsection, the Board shall hold or cause to be held an examination for the applicant within 30 days after the violation occurs.

Sec. 4. NRS 625.383 is hereby amended to read as follows:

625.383 1. Each professional engineer and professional land surveyor shall obtain a stamp of the design authorized by the Board, bearing his name and the number of his license and the legend “Professional Engineer” followed by the discipline for which he is qualified or the legend “Professional Land Surveyor,” respectively.

2. To facilitate the obtaining of a stamp by a professional engineer or professional land surveyor pursuant to subsection 1, the Board shall, upon request, provide its authorized design to any retailer or manufacturer of stamps. A professional engineer or professional land surveyor may obtain his stamp from any retailer or manufacturer of stamps.

3. A professional land surveyor shall not use the legend “Professional Engineer.”

Sec. 5. 1. The term of each member of the State Board of Professional Engineers and Land Surveyors expires on the effective date of this act.

2. As soon as practicable after the effective date of this act, the Governor shall appoint to the Board:

(a) Three members who are engaged in the practice or teaching of professional engineering, except military engineering, to serve for terms of
3 years;

(b) One member who is engaged in the practice or teaching of professional engineering, except military engineering, to serve for a term of
2 years;

(d) One member who is engaged in the practice or teaching of land surveying to serve for a term of 1 year; and

(e) One member who is a member of the general public to serve for a term of 1 year.

Sec. 6. 1. This act becomes effective upon passage and approval.

2. Section 1 of this act expires by limitation on December 1, 2014.”.

Amend the title of the bill to read as follows:

“AN ACT relating to professions; requiring the State Board of Professional Engineers and Land Surveyors to submit annual reports regarding certain activities of the Board to the Director of the Legislative Counsel Bureau; revising the membership of the Board; requiring the Board to hold an examination for an applicant for a license under certain circumstances; requiring the Board to provide its authorized design for a stamp to a retailer or manufacturer under certain circumstances; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes to provisions governing State Board of Professional Engineers and Land Surveyors. (BDR 54‑496)”.

Assemblyman Goldwater moved that the Assembly concur in the Senate Amendment No. 665 to Assembly Bill No. 146.

Remarks by Assemblyman Goldwater.

Motion carried.

The following Senate amendment was read:

Amendment No. 739.

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

“Sec. 5. NRS 625.500 is hereby amended to read as follows:

625.500 1. The licensure requirements of this chapter do not apply to ~~[the]~~ :

(a) The employees of interstate or intrastate public utility companies while they are engaged in work for those companies ~~[or to any]~~ ;

(b) Any architect registered pursuant to the provisions of chapter 623
of NRS and who practices architecture as permitted by chapter 623
of NRS ~~[.]~~ ; or

(c) A person, while he is using a scanner for the purpose of construction management or monitoring, or both, if he is certified by the International Conference of Building Officials or a successor organization for the purposes for which he is using the scanner.

2. As used in this section, “scanner” means a device that uses laser technology to capture the digital shape of physical objects through laser triangulation.”.

Amend the title of the bill, ninth line, after “circumstances;” by inserting: “exempting certain laser scanner operators from the licensure requirements applicable to professional engineers and land surveyors;”.

Assemblyman Goldwater moved that the Assembly concur in the Senate Amendment No. 739 to Assembly Bill No. 146.

Remarks by Assemblyman Goldwater.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Recede From Assembly Amendments

Assemblyman Collins moved that the Assembly do not recede from its action on Senate Bill No. 144, 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 Collins.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Mortenson, Collins, and Goicoechea as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 144.

Recede From Assembly Amendments

Assemblywoman Koivisto moved that the Assembly do not recede from its action on Senate Bill No. 231, Amendment No. 575, Amendment No. 785, 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 Assemblywomen Pierce, Leslie, and Weber as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 231.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Goldwater moved that Assembly Bill No. 490 be taken from the General File and placed on the Chief Clerk’s desk.

Remarks by Assemblyman Goldwater.

Motion carried.

general file and third reading

Senate Bill No. 58.

Bill read third time.

Remarks by Assemblyman Geddes.

Roll call on Senate Bill No. 58:

Yeas—42.

Nays—None.

Senate Bill No. 58 having received a two-thirds majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 106.

Bill read third time.

Remarks by Assemblyman Oceguera.

Roll call on Senate Bill No. 106:

Yeas—39.

Nays—Angle, Gustavson—2.

Not Voting—Buckley.

Senate Bill No. 106 having received a two-thirds majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 173.

Bill read third time.

Roll call on Senate Bill No. 173:

Yeas—42.

Nays—None.

Senate Bill No. 173 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 456.

Bill read third time.

Roll call on Senate Bill No. 456:

Yeas—42.

Nays—None.

Senate Bill No. 456 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Senate Bill No. 66.

Bill read third time.

Remarks by Assemblymen Ohrenschall, Sherer, Mortenson, Goldwater, Giunchigliani, and Gustavson.

Conflict of interest declared by Assemblywoman Ohrenschall.

Potential conflict of interest declared by Assemblyman Sherer.

Roll call on Senate Bill No. 66:

Yeas—18.

Nays—Andonov, Angle, Atkinson, Beers, Brown, Buckley, Christensen, Claborn, Conklin, Geddes, Goicoechea, Grady, Griffin, Gustavson, Hardy, Horne, Knecht, Leslie, Mabey, Marvel, Mortenson, Sherer, Weber—23.

Not Voting—Ohrenschall.

Senate Bill No. 66 having failed to receive a constitutional majority,
Mr. Speaker declared it lost.

UNFINISHED BUSINESS

Recede From Assembly Amendments

Assemblyman Anderson moved that the Assembly do not recede from its action on Senate Bill No. 97, 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 Anderson.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Anderson, Buckley, and Gibbons as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 97.

Recede From Assembly Amendments

Assemblyman Anderson moved that the Assembly do not recede from its action on Senate Bill No. 436, 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 Anderson.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Buckley, Brown, and Conklin as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 436.

Recede From Assembly Amendments

Assemblyman Manendo moved that the Assembly do not recede from its action on Senate Bill No. 143, 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 Manendo.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Atkinson, McCleary, and Grady as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 143.

Recede From Assembly Amendments

Assemblyman Manendo moved that the Assembly do not recede from its action on Senate Bill No. 359, 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 Manendo.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Ohrenschall, Williams, and Weber as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 359.

Recede From Assembly Amendments

Assemblyman Manendo moved that the Assembly do not recede from its action on Senate Bill No. 451, 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 Manendo.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblywomen Pierce, Koivisto, and Weber as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 451.

Recede From Assembly Amendments

Assemblyman Parks moved that the Assembly do not recede from its action on Senate Bill No. 370, Amendment No. 755 and Amendment
No. 901, 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 Parks.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Goldwater, Griffin, and Parks as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 370.

Recede From Assembly Amendments

Assemblywoman Giunchigliani moved that the Assembly recede from its action on Senate Bill No. 449.

Remarks by Assemblywoman Giunchigliani.

Motion carried.

Bill ordered transmitted to the Senate.

Assemblywoman Koivisto moved that the Assembly recede from its action on Senate Bill No. 459.

Remarks by Assemblywoman Koivisto.

Motion carried.

Bill ordered transmitted to the Senate.

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

Assembly in recess at 12:33 p.m.

ASSEMBLY IN SESSION

At 12:35 p.m.

Mr. Speaker presiding.

Quorum present.

Consideration of Senate Amendments

Assembly Bill No. 453.

The following Senate amendment was read:

Amendment No. 711.

Amend the bill as a whole by adding new sections designated sections 3.3 and 3.7, following sec. 3, to read as follows:

“Sec. 3.3. NRS 679B.240 is hereby amended to read as follows:

679B.240 To ascertain compliance with law, or relationships and transactions between any person and any insurer or proposed insurer, the Commissioner may, as often as he deems advisable, examine the accounts, records, documents and transactions relating to such compliance or relationships of:

1. Any insurance agent, solicitor, broker, surplus lines broker, general agent, adjuster, insurer representative, bail agent, motor club agent or any other licensee or any other person the Commissioner has reason to believe may be acting as or holding himself out as any of the foregoing.

2. Any person having a contract under which he enjoys in fact the exclusive or dominant right to manage or control an insurer.

3. Any insurance holding company or other person holding the shares of voting stock or the proxies of policyholders of a domestic insurer, to control the management thereof, as voting trustee or otherwise.

4. Any subsidiary of the insurer.

5. Any person engaged in this state in, or proposing to be engaged in this state in, or holding himself out in this state as so engaging or proposing, or in this state assisting in, the promotion, formation or financing of an insurer or insurance holding corporation, or corporation or other group to finance an insurer or the production of its business.

6. Any external review organization, as defined in section 19 of Assembly Bill No. 79 of this session.

Sec. 3.7. NRS 679B.290 is hereby amended to read as follows:

679B.290 1. Except as otherwise provided in subsection 2:

(a) The expense of examination of an insurer, or of any person referred to in subsection 1, 2 , ~~[or]~~ 5 or 6 of NRS 679B.240, must be borne by the person examined. Such expense includes only the reasonable and proper hotel and travel expenses of the Commissioner and his examiners and assistants, including expert assistance, reasonable compensation as to such examiners and assistants and incidental expenses as necessarily incurred in the examination. As to expense and compensation involved in any such examination the Commissioner shall give due consideration to scales and limitations recommended by the National Association of Insurance Commissioners and outlined in the examination manual sponsored by that association.

(b) The person examined shall promptly pay to the Commissioner the expenses of the examination upon presentation by the Commissioner of a reasonably detailed written statement thereof.

2. The Commissioner may bill an insurer for the examination of any person referred to in subsection 1 of NRS 679B.240 and shall adopt regulations governing such billings.”.

Amend sec. 21, pages 19 and 20, by deleting lines 32 through 44 on
page 19 and lines 1 through 33 on page 20, and inserting:

“683A.08528 1. Not later than ~~[March]~~ July 1 of each year, each holder of a certificate of registration as an administrator shall file ~~[a financial statement]~~ with the Commissioner ~~[on a form approved by the Commissioner.]~~ an annual report for the most recently completed fiscal year of the administrator. Each annual report must be verified by at least two officers of the administrator.

2. Each annual report filed pursuant to this section must include all the following:

(a) Except as otherwise provided in this paragraph, a financial statement of the administrator that has been audited and prepared by an independent certified public accountant. In lieu of a financial statement that has been audited and prepared by an independent certified public accountant, the administrator may include with the annual report a financial statement that has been reviewed by an independent certified public accountant if:

(1) The total business assets of the administrator were less than $100,000 at the end of the most recently completed fiscal year of the administrator; or

(2) The administrator did not have any agreements to act as an administrator during the most recently completed fiscal year of the administrator.

(b) The complete name and address of each person, if any, for whom the administrator agreed to act as an administrator during the most recently completed fiscal year of the administrator.

(c) Any other information required by the Commissioner.

3. In addition to the information required pursuant to subsection 2, if an annual report is prepared on a consolidated basis, the annual report must include a columnar or combining worksheet that:

(a) Includes the amounts shown on the consolidated financial statement accompanying the annual report;

(b) Separately sets forth the amounts for each entity included in the worksheet; and

(c) Includes an explanation of each consolidating and eliminating entry included in the worksheet.

4. Each administrator who files an annual report pursuant to this section shall, at the time of filing the annual report, pay a filing fee in an amount determined by the Commissioner.

5. On or before September 1 of each year, the Commissioner shall, for each administrator, review the annual report that is most recently filed by the administrator. As soon as practicable after reviewing the report, the Commissioner shall:

(a) Issue a certificate to the administrator:

(1) Indicating that, based on the annual report and accompanying financial statement, the administrator has a positive net worth and is currently licensed and in good standing in this state; or

(2) Setting forth any deficiency found by the Commissioner in the annual report and accompanying financial statement; or

(b) Submit a statement to any electronic database maintained by the National Association of Insurance Commissioners or any affiliate or subsidiary of the Association:

(1) Indicating that, based on the annual report and accompanying financial statement, the administrator has a positive net worth and is in compliance with existing law; or

(2) Setting forth any deficiency found by the Commissioner in the annual report and accompanying financial statement.”.

Amend the bill as a whole by adding a new section designated sec. 55.2, following sec. 55, to read as follows:

“Sec. 55.2. Chapter 687B of NRS is hereby amended by adding thereto a new section to read as follows:

1. No policy of industrial insurance that has been in effect for at least
70 days or that has been renewed may be cancelled by the insurer before the expiration of the agreed term or 1 year from the effective date of the policy or renewal, whichever occurs first, except on any one of the following grounds:

(a) A failure by the policyholder to pay a premium for the policy of industrial insurance when due;

(b) A failure by the policyholder to:

(1) Report any payroll;

(2) Allow the insurer to audit any payroll in accordance with the terms of the policy or any previous policy issued by the insurer; or

(3) Pay any additional premium charged because of an audit of any payroll as required by the terms of the policy or any previous policy issued by the insurer;

(c) A material failure by the policyholder to comply with any federal or state order concerning safety or any written recommendation of the insurer’s designated representative for loss control;

(d) A material change in ownership of the policyholder or any change in the policyholder’s business or operations that:

(1) Materially increases the hazard for frequency or severity of loss;

(2) Requires additional or different classifications for the calculation of premiums; or

(3) Contemplates an activity that is excluded by any reinsurance treaty of the insurer;

(e) A material misrepresentation made by the policyholder; or

(f) A failure by the policyholder to cooperate with the insurer in conducting an investigation of a claim.

2. An insurer shall not cancel a policy of industrial insurance pursuant to paragraph (a), (b), (e) or (f) of subsection 1 except upon 10 days’ written notice submitted by the insurer to the policyholder.

3. Except as otherwise provided in this subsection, an insurer shall not cancel a policy of industrial insurance pursuant to paragraph (c) or (d) of subsection 1 except upon 30 days’ written notice by the insurer to the policyholder. An insurer is not required to provide a written notice to a policyholder pursuant to this subsection if the policyholder and the insurer consent to the cancellation of the policy of industrial insurance and to the reissuance of another policy of industrial insurance effective upon a material change in the ownership or operations of the insured. If the policyholder corrects the condition to the satisfaction of the insurer within the period specified in the policy of insurance, the insurer shall not cancel the policy.

4. Any written notice submitted to a policyholder pursuant to this section must be given by first class mail addressed to the policyholder at the address of the policyholder set forth in the policy of industrial insurance. Evidence indicating that a written notice specified in this section has been mailed is sufficient proof of notice.

5. The provisions of this section do not prohibit, during any period in which a policy of industrial insurance is in force, any change in the premium rate required or authorized by any law, regulation or order of the Commissioner, or otherwise agreed upon by the policyholder and the insurer.

6. For the purposes of this section, any policy of industrial insurance that is written for a term of more than 1 year, or any policy of industrial insurance with no fixed date of expiration, shall be deemed to be written for successive periods of 1 year.”.

Amend the bill as a whole by renumbering sec. 55.5 as sec. 55.4 and adding new sections designated sections 55.6 and 55.8, following sec. 55.5, to read as follows:

“Sec. 55.6. NRS 687B.310 is hereby amended to read as follows:

687B.310 1. NRS 687B.310 to 687B.420, inclusive, and section 55.2 of this act apply to all binders and all contracts of insurance the general terms of which are required to be approved or are subject to disapproval by the Commissioner, except as otherwise provided by statute or by rule pursuant to subsection 3.

2. The contract may provide terms more favorable to policyholders than are required by NRS 687B.310 to 687B.420, inclusive ~~[.]~~ , and section 55.2 of this act.

3. The Commissioner may by rule exempt from NRS 687B.310
to 687B.420, inclusive, and section 55.2 of this act classes of insurance contracts where the policyholders do not need protection against arbitrary termination.

4. The rights provided by NRS 687B.310 to 687B.420, inclusive, and section 55.2 of this act are in addition to and do not prejudice any other rights the policyholder may have at common law or under other statutes.

5. NRS 687B.310 to 687B.420, inclusive, and section 55.2 of this act do not prevent the rescission or reformation of any life or health insurance contract not otherwise denied by the terms of the contract or by any other statute.

6. Any notice to an insured required pursuant to NRS 687B.320
to 687B.350, inclusive, and section 55.2 of this act must be personally delivered to the insured or mailed first class or certified to the insured at his address last known by the insurer. The notice must state the effective date of the cancellation or nonrenewal and be accompanied by a written explanation of the specific reasons for the cancellation or nonrenewal.

Sec. 55.8. NRS 687B.320 is hereby amended to read as follows:

687B.320 1. ~~[No]~~ Except as otherwise provided in subsection 3, no insurance policy that has been in effect for at least 70 days or that has been renewed may be cancelled by the insurer ~~[prior to]~~ before the expiration of the agreed term or 1 year from the effective date of the policy or renewal, whichever ~~[is less,]~~ occurs first, except on any one of the following grounds:

(a) Failure to pay a premium when due;

(b) Conviction of the insured of a crime arising out of acts increasing the hazard insured against;

(c) Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim thereunder;

(d) Discovery of:

(1) An act or omission; or

(2) A violation of any condition of the policy, which occurred after the first effective date of the current policy and substantially and materially increases the hazard insured against;

(e) A material change in the nature or extent of the risk, occurring after the first effective date of the current policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed;

(f) A determination by the Commissioner that continuation of the insurer’s present volume of premiums would jeopardize the insurer’s solvency or be hazardous to the interests of policyholders of the insurer, its creditors or the public; or

(g) A determination by the Commissioner that the continuation of the policy would violate, or place the insurer in violation of, any provision of the Code.

2. No cancellation under subsection 1 is effective until in the case of paragraph (a) of subsection 1 at least 10 days and in the case of any other paragraph of subsection 1 at least 30 days after the notice is delivered or mailed to the policyholder.

3. The provisions of this section do not apply to a policy of industrial insurance.”.

Amend sec. 56, page 47, line 38, by deleting “An” and inserting: “~~[An]~~ Except as otherwise provided in subsection 2, an”.

Amend sec. 56, page 47, line 40, by deleting “~~[30]~~ 60” and inserting “30”.

Amend sec. 56, page 48, by deleting lines 8 through 18 and inserting:

“2. The provisions of this section do not apply to a policy of industrial insurance.”.

Amend the bill as a whole by adding new sections designated sections 56.1 through 56.9, following sec. 56, to read as follows:

“Sec. 56.1. NRS 687B.360 is hereby amended to read as follows:

687B.360 If a notice of cancellation or nonrenewal under NRS 687B.310 to 687B.420, inclusive, and section 55.2 of this act does not state with reasonable precision the facts on which the insurer’s decision is based, the insurer shall supply that information within 6 days after receipt of a written request by the policyholder. No notice is effective unless it contains adequate information about the policyholder’s right to make such a request.

Sec. 56.3. NRS 687B.370 is hereby amended to read as follows:

687B.370 Except for a notice of cancellation for the failure to pay a premium when due, no notice required pursuant to NRS 687B.310
to 687B.420, inclusive, and section 55.2 of this act is effective unless it contains adequate instructions enabling the policyholder to apply for insurance through any voluntary or mandatory risk-sharing plan established pursuant to NRS 686B.180 and 686B.200 existing at the time of the notice, for which the policyholder may be eligible.

Sec. 56.5. NRS 687B.380 is hereby amended to read as follows:

687B.380 There is no liability on the part of and no cause of action of any nature may arise against any insurer, its authorized representative, its agents, its employees, or any person furnishing to the insurer information as to reasons for cancellation or nonrenewal, for any statement made by them in complying with NRS 687B.310 to 687B.420, inclusive, and section 55.2 of this act or for the providing of information pertaining thereto.

Sec. 56.7. NRS 688A.361 is hereby amended to read as follows:

688A.361 No contract of annuity may be delivered or issued for delivery in this state unless it contains in substance the following provisions, or corresponding provisions which in the opinion of the Commissioner are at least as favorable to the contract holder:

1. A statement that upon cessation of payment of considerations under a contract, or upon receipt of a written request submitted by an owner of a contract, the company will grant a paid-up annuity benefit on a plan stipulated in the contract of such value as is specified in NRS 688A.3631 to 688A.3637, inclusive, and 688A.366;

2. If a contract provides for a lump-sum settlement at maturity or any other time, a statement that upon surrender of the contract at or before the commencement of any annuity payments, the company will pay in lieu of any paid-up annuity benefit a cash surrender benefit of an amount specified in NRS 688A.3631, 688A.3633, 688A.3637 and 688A.366, and that the company ~~[reserves]~~ may reserve the right to defer the payment of such cash surrender benefit for a period of not more than 6 months after demand therefor with surrender of the contract ~~[;]~~ if the company submits a written request to and receives written approval for the deferral from the Commissioner. The request must address the necessity and equitability to all policyholders of the deferral;

3. A statement of the mortality table, if any, and interest rates used in calculating any minimum paid-up annuity, cash surrender or death benefits which are guaranteed under the contract, together with sufficient information to determine the amounts of those benefits; and

4. A statement that any paid-up annuity, cash surrender or death benefits which may be available under the contract are not less than the minimum benefits required by any statute of the state in which the contract is delivered and an explanation of the manner in which such benefits are altered by the existence of any additional amounts credited by the company to the contract, any indebtedness to the company on the contract or any prior withdrawals from or partial surrenders of the contract, except that any deferred annuity contract may provide that if no considerations have been received under a contract for a period of 2 full years, and the portion of the paid-up annuity benefit at maturity on the plan stipulated in the contract arising from considerations paid before that period would be less than $20 monthly, the company may terminate the contract by payment in cash of the then present value of such portion of the paid-up annuity benefit, calculated on the basis of the mortality table, if any, and interest rate specified in the contract for determining the paid-up annuity benefit, and by such payment shall be relieved of any further obligation under the contract.

Sec. 56.9. NRS 688A.363 is hereby amended to read as follows:

688A.363 1. The minimum values, specified in NRS 688A.3631 to 688A.3637, inclusive, and 688A.366, of any paid-up annuity, cash surrender or death benefits available under an annuity contract ~~[shall]~~ must be based upon minimum nonforfeiture amounts as defined in this section.

~~[1.]~~ 2. With respect to contracts providing for flexible considerations, the minimum nonforfeiture amount for any time at or before the commencement of any annuity payments is equal to an accumulation up to such time at a rate of interest ~~[of 3 percent per annum of percentages of the net considerations paid before such time,]~~ calculated pursuant to subsection 3, which must be decreased by the sum of:

(a) Any prior withdrawals from or partial surrenders of the contract, accumulated at a rate of interest ~~[of 3 percent per annum; and]~~ calculated pursuant to subsection 3;

(b) An annual charge in the amount of $50, accumulated at rates of interest calculated pursuant to subsection 3;

(c) Any premium tax paid by the company for the contract, accumulated at rates of interest calculated pursuant to subsection 3; and

(d) The amount of any indebtedness to the company on the contract, including interest due and accrued . ~~[, and increased by any existing additional amounts credited by the company to the contract.]~~ The net considerations for a given contract year used to define the minimum nonforfeiture amount ~~[shall]~~ must be an amount ~~[not less than zero and shall be]~~ that is equal to 87.5 percent of the ~~[corresponding]~~ gross considerations credited to the contract during that contract year . [less an annual contract charge of $30 and a collection charge of $1.25 per consideration credited to the contract during that contract year. The percentages of net considerations shall be 65 percent of the net consideration for the first contract year and 87.5 percent of the net considerations for the second and later contract years, except that the percentage shall be 65 percent of the portion of the total net consideration for any renewal contract year which exceeds by not more than 2 times the sum of those portions of the net considerations in all prior contract years for which the percentage was 65 percent.

2. With respect to contracts providing for fixed scheduled considerations, minimum nonforfeiture amounts shall be calculated on the assumption that considerations are paid annually in advance and shall be defined as for contracts with flexible considerations which are paid annually, with the following exceptions:

(a) The portion of the net consideration for the first contract year to be accumulated shall be the sum of 65 percent of the net consideration for the first contract year plus 22.5 percent of the excess of the net consideration for the first contract year over the lesser of the net considerations for the second and third contract years.

~~(b) The annual contract charge shall be the lesser of:~~

~~(1) Thirty dollars; or~~

~~(2) Ten percent of the gross annual consideration.~~

3. With respect to contracts providing for a single consideration, minimum nonforfeiture amounts shall be defined as for contracts with flexible considerations except that the percentage of net consideration used to determine the minimum nonforfeiture amount shall be equal to 90 percent and the net consideration shall be the gross consideration less a contract charge of $75.]

3. For the purpose of this section, the rate of interest used to determine the minimum nonforfeiture amounts must be an annual rate of interest determined as the lesser of 3 percent per annum or a rate specified in the contract if the rate is calculated in accordance with regulations adopted by the Commissioner, except that at no time may the resulting rate be less than 1 percent per annum.”.

Amend the bill as a whole by adding a new section designated sec. 57.5, following sec. 57, to read as follows:

“Sec. 57.5. NRS 690B.100 is hereby amended to read as follows:

690B.100 As used in NRS 690B.100 to 690B.180, inclusive, unless the context otherwise requires:

1. “Home” means a structure used primarily for residential purposes and includes, without limitation:

(a) A single-family dwelling;

(b) A unit in a multiple-family structure;

(d) The common elements of a common-interest community, as defined in NRS 116.110318, and any appurtenance to the common elements.

2. “Insurance for home protection” means a contract of insurance, which affords coverage over a specified term for a predetermined fee, under which a person, other than the manufacturer, builder, seller or lessor of the home, agrees to repair, replace or indemnify from the cost of repair or replacement based upon the failure of any structure, component, system or appliance of the home. The term does not include ~~[a]~~ :

(a) A contract which insures against any consequential losses caused by the defects or failures.

(b) An annual home service agreement on household appliances, systems and components if the agreement principally provides for service, repair or replacement due to normal wear and tear or inherent defect. Such agreements may include provisions for incidental indemnity or for service or repair of roof leaks.”.

Amend the bill as a whole by adding new sections designated sections 78.3 through 78.7, following sec. 78, to read as follows:

“Sec. 78.3. NRS 693A.495 is hereby amended to read as follows:

693A.495 1. No director, officer, employee or agent of the converting mutual, or any other person, may receive any fee, commission or other valuable consideration, other than his usual regular salary and compensation, for aiding, promoting or assisting in a plan of conversion except as set forth in the plan of conversion approved by the Commissioner.

2. Subsection 1 does not prohibit a management or employee incentive compensation program that is contained in the plan of conversion and approved by the Commissioner to be adopted upon conversion to the new stock insurer or prohibit such a program to be adopted later by the new stock insurer.

3. Subsection 1 does not prohibit the payment of reasonable fees and compensation to attorneys, accountants, actuaries and investment bankers for services performed in the independent practice of their professions if the person is also a member of the board of directors of the converting mutual.

Sec. 78.5. NRS 693A.625 is hereby amended to read as follows:

693A.625 1. All the initial shares of the capital stock of a reorganized stock insurer must be issued to the mutual insurance holding company or to ~~[a single]~~ one or more intermediate stock holding ~~[company.]~~ companies.

2. Policyholders of a domestic mutual insurer that has been reorganized are members of the mutual insurance holding company, and their voting rights must be determined in accordance with the articles of incorporation and bylaws of the mutual insurance holding company. The mutual insurance holding company shall provide its members with the same membership rights as were provided to policyholders of the mutual insurer immediately before reorganization. The reorganization must not reduce, limit or otherwise affect the number or identity of the policyholders who may become members of the mutual insurance holding company or secure for managerial personnel any unfair advantage through or connected with the reorganization.

3. A mutual insurance holding company or an intermediate stock holding company formed pursuant to NRS 693A.550 to 693A.665, inclusive:

(a) Must not be authorized to transact the business of insurance;

(b) Is subject to the jurisdiction of the Commissioner, who shall ensure that policyholder interests are protected; and

4. An intermediate stock holding company formed pursuant to
NRS 693A.550 to 693A.665, inclusive, shall be deemed to be a mutual insurance holding company subject to the provisions of NRS 693A.400 to 693A.540, inclusive.

5. A mutual insurance holding company formed pursuant to
NRS 693A.550 to 693A.665, inclusive:

(a) Shall not issue stock.

(b) Shall invest in insurers not less than 50 percent of its net worth as determined by generally accepted accounting practices.

6. The aggregate pledges and encumbrances of the assets of a mutual insurance holding company must not affect more than 49 percent of the mutual insurance holding company’s stock in an intermediate stock holding company or a reorganized stock insurer.

7. If any proceeding under chapter 696B of NRS is brought against a reorganized stock insurer, the mutual insurance holding company and each intermediate stock holding company must be named parties to the proceeding. All the assets of the mutual insurance holding company and ~~[the]~~ each intermediate stock holding company shall be deemed assets of the estate of the reorganized stock insurer to the extent necessary to satisfy claims against the reorganized stock insurer.

8. No distribution to members of a mutual insurance holding company may occur without the prior written approval of the Commissioner.
The Commissioner may give such approval only if he is satisfied that the distribution is fair and equitable to policyholders as members of the mutual insurance holding company.

9. No solicitation for the sale of the stock of an intermediate stock holding company or a reorganized stock insurer may be made without the prior written approval of the Commissioner.

10. A mutual insurance holding company or an intermediate stock holding company may not voluntarily dissolve without the approval of the Commissioner.

Sec. 78.7. NRS 693A.640 is hereby amended to read as follows:

693A.640 1. No director, officer, employee or agent of the mutual insurer, or any other person, may receive any fee, commission or other valuable consideration, other than his usual regular salary and compensation, for aiding, promoting or assisting in a plan of reorganization except as set forth in the plan of reorganization approved by the Commissioner.

2. Subsection 1 does not prohibit a management or employee incentive compensation program that is contained in the plan of reorganization and approved by the Commissioner to be adopted upon reorganization to the reorganized stock insurer or prohibit such a program to be adopted later by the reorganized stock insurer.

Amend sec. 85.5, page 73, line 14, by deleting “and” and inserting “or”.

Amend the bill as a whole by deleting sec. 95 and adding new sections designated sections 95 through 97, following sec. 94, to read as follows:

“Sec. 95. The amendatory provisions of sections 56.7 and 56.9 of this act:

1. Do not apply to any contract of annuity that is delivered or issued for delivery in this state before October 1, 2003.

2. Do not apply to any contract of annuity that is delivered or issued for delivery in this state on or after October 1, 2003, and before October 1, 2005, unless the company elects to incorporate the substance of those amendatory provisions into the contract.

3. Apply to any contract of annuity that is delivered or issued for delivery in this state on or after October 1, 2005.

Sec. 96. 1. The Governor or his designee shall conduct a study of the feasibility and potential benefits of consolidating the powers and duties of the Division of Insurance of the Department of Business and Industry and the Division of Industrial Relations of the Department of Business and Industry into a single division within the Department of Business and Industry.

2. The study must include, without limitation:

(a) An assessment of whether such a consolidation would increase administrative efficiency, improve regulation and result in cost savings.

(b) An assessment of whether such a consolidation would benefit the businesses and industries regulated by the Division of Insurance and the Division of Industrial Relations.

3. Not later than October 1, 2004, the Governor or his designee shall prepare a report that contains the findings of the study and submit the report and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to:

(a) The Senators who served as members of the Senate Standing Committee on Commerce and Labor during the 72nd Session of the Nevada Legislature;

(b) The Assemblymen who served as members of the Assembly Standing Committee on Commerce and Labor during the 72nd Session of the Nevada Legislature; and

Sec. 97. 1. This section and section 96 of this act become effective upon passage and approval.

2. Sections 3.3 and 3.7 of this act become effective:

(a) Upon passage and approval of this act, if Assembly Bill No. 79 of this session is enacted into law before passage and approval of this act; or

(b) Upon passage and approval of Assembly Bill No. 79 of this session, if Assembly Bill No. 79 of this session is enacted into law after passage and approval of this act.

3. Sections 56.7 and 56.9 of this act become effective on July 1, 2003, for the purpose of adopting regulations and on October 1, 2003, for all other purposes.

4. Sections 1, 2, 3, 4 to 56.5, inclusive, and 57 to 95, inclusive, of this act become effective on October 1, 2003.”.

Amend the title of the bill, third line, after “information;” by inserting: “authorizing the Commissioner to examine the accounts, records, documents and transactions of an external review organization for certain purposes;”.

Assemblyman Goldwater moved that the Assembly concur in the Senate amendment to Assembly Bill No. 453.

Remarks by Assemblyman Goldwater.

Motion carried by a two-thirds constitutional majority.

Bill ordered to enrollment.

Recede From Assembly Amendments

Assemblywoman Giunchigliani moved that the Assembly do not recede from its action on Senate Bill No. 147, 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 Giunchigliani.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Anderson, McCleary, and Beers as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 147.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that Assembly Bill No. 519 just returned from the printer, be placed on the General File.

Motion carried.

Assemblywoman Buckley gave notice that on the next legislative day she would move to reconsider the vote whereby Senate Bill No. 66 was this day refused passage.

general file and third reading

Assembly Bill No. 519.

Bill read third time.

Roll call on Assembly Bill No. 519:

Yeas—42.

Nays—None.

Assembly Bill No. 519 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 Assembly Bill No. 519; Senate Bills Nos. 58, 106, 173, and 456 be immediately transmitted to the Senate.

Motion carried unanimously.

UNFINISHED BUSINESS

Recede From Assembly Amendments

Assemblyman Goldwater moved that the Assembly do not recede from its action on Senate Bill No. 319, Amendment No. 884, Amendment No. 904, 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 Goldwater.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Leslie, Goldwater, and Gibbons as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 319.

Recede From Assembly Amendments

Assemblyman Goldwater moved that the Assembly do not recede from its action on Senate Bill No. 102, 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 Goldwater.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Goldwater, Buckley, and Beers as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 102.

Assemblywoman Buckley moved that the Assembly recess until 6:00 p.m.

Motion carried.

Assembly in recess at 12:49 p.m.

ASSEMBLY IN SESSION

At 6:12 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. 521, 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 28, 2003

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed
Assembly Bills Nos. 195, 548; Senate Bills Nos. 500, 501.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 13, Amendment No. 921; Assembly Bill No. 29, Amendment No. 919; Assembly Bill No. 286, Amendment No. 912, 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. 30, Senate Amendment No. 698, and requests a conference, and appointed Senators Nolan, Cegavske, and Mathews 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. 114, Senate Amendment No. 678, and requests a conference, and appointed Senators Hardy, Tiffany, and Titus 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. 355, Senate Amendment No. 769, and requests a conference, and appointed Senators Coffin, Tiffany, and O’Connell 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. 358, Senate Amendments Nos. 852, 621, and requests a conference, and appointed Senators Amodei, Hardy, 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. 388, Senate Amendment No. 848, and requests a conference, and appointed Senators Townsend, Hardy, 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. 398, Senate Amendment No. 857, and requests a conference, and appointed Senators Townsend, Hardy, 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. 444, Senate Amendment No. 833, and requests a conference, and appointed Senators Nolan, Carlton, 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. 529, Senate Amendment No. 548, and requests a conference, and appointed Senators Tiffany, Titus, and Raggio 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. 51, 214, 381, 495.

Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 878 to Senate Bill No. 116; Assembly Amendments Nos. 890, 822 to Senate Bill No. 491.

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. 851 to Senate Bill No. 46;
Assembly Amendment No. 779 to Senate Bill No. 229; Assembly Amendment No. 843 to Senate Bill No. 336.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Hardy, Shaffer, and Schneider as a first Conference Committee concerning
Senate Bill No. 193.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Carlton, Hardy, and Shaffer as a first Conference Committee concerning
Senate Bill No. 372.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Care, Amodei, and Schneider as a first Conference Committee concerning
Senate Bill No. 432.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bills Nos. 206, 207.

Mary Jo Mongelli

Assistant Secretary of the Senate

UNFINISHED BUSINESS

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Manendo, Goicoechea, and Atkinson as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 30.

Mr. Speaker appointed Assemblymen Oceguera, Sherer, and Ohrenschall as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 358.

Mr. Speaker appointed Assemblymen Chowning, Carpenter, and Claborn as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 444.

Mr. Speaker appointed Assemblymen Conklin, Beers, and Pierce as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 529.

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 51.

Assemblyman Oceguera moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 214.

Assemblyman Oceguera moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 381.

Assemblyman Oceguera moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 495.

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

Motion carried.

Senate Bill No. 500.

Assemblyman Oceguera moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 501.

Assemblyman Oceguera moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

general file and third reading

Assembly Bill No. 521.

Bill read third time.

Remarks by Assemblywoman Chowning.

Roll call on Assembly Bill No. 521:

Yeas—42.

Nays—None.

Assembly Bill No. 521 having received a constitutional majority,
Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 13.

The following Senate amendment was read:

Amendment No. 921.

Amend sec. 3, page 3, by deleting lines 32 and 33 and inserting: “guilty shall sentence the defendant to life imprisonment without the possibility of parole or impanel a new jury to determine the sentence.”.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 13.

Remarks by Assemblyman Anderson.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 29.

The following Senate amendment was read:

Amendment No. 919.

Amend section 1, page 1, line 10, by deleting “$5” and inserting “$7”.

Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 29.

Remarks by Assemblyman Anderson.

Motion carried by a two-thirds constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 542.

The following Senate amendment was read:

Amendment No. 882.

Amend the bill as a whole by renumbering section 1 as sec. 1.5 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:

1. To the extent practicable, the Legislative Counsel shall cause each bill or joint resolution introduced in the Legislature to include a digest. The digest must be printed on the bill immediately following the title of the bill.

2. The digest must be drafted by the Legislative Counsel in plain English and include a concise and clear summary of any existing laws directly related to the legislation and a summary of how the legislation adds to, changes or repeals such existing laws. To the extent practicable, if either house amends a bill or joint resolution, the Legislative Counsel shall cause the digest to be revised as necessary to reflect the adoption of the amendment. The digest is not subject to amendment by the Legislature.”.

Amend sec. 9, page 6, between lines 18 and 19, by inserting:

“3. If an amendment adds an appropriation to a bill that previously did not include an appropriation or removes all appropriations from a bill that previously included one or more appropriations, the Legislative Counsel shall change the summary of the bill to reflect the inclusion or removal.”.

Amend the bill as a whole by deleting sec. 22 and adding a new section designated sec. 22, following sec. 21, to read as follows:

“Sec. 22. NRS 426.715 is hereby amended to read as follows:

426.715 Any person who sells, solicits orders for or delivers, in any public building or on any public land, any commodity which a blind vendor is authorized by the Bureau to sell is guilty of a misdemeanor except:

1. A person licensed by or under contract to the Bureau;

2. A person who delivers a commodity to a blind vendor or for his account;

3. A person who is raising money for the charitable activities of a corporation organized for educational, religious, scientific, charitable or eleemosynary purposes under the provisions of chapter 82 of NRS;

4. Public employees jointly sharing in the cost of coffee or other beverages purchased by them for their own use, if there is no commercial arrangement for the delivery of products and supplies to the building or land;

5. A person who is catering an event inside or otherwise delivering food or beverages to the Legislative Building; or

~~[5.]~~ 6. A person who is authorized to conduct such an activity under the terms of a contract, lease or other arrangement with a municipality pursuant to NRS 496.090.”.

Assemblywoman Giunchigliani moved that the Assembly concur in the Senate amendment to Assembly Bill No. 542.

Remarks by Assemblymen Giunchigliani and Beers.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Leslie, Atkinson, and Grady as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 398.

Recede From Assembly Amendments

Assemblyman Collins moved that the Assembly do not recede from its action on Senate Bill No. 336, 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 Collins.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Koivisto, McCleary, and Grady as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 336.

Reports of Conference Committees

Mr. Speaker:

The first Conference Committee concerning Assembly Bill No. 40, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA2, which is attached to and hereby made a part of this report.

John Oceguera	Terry Care
David Brown	Mike McGinness
Barbara Buckley	Mark E. Amodei

Assembly Conference Committee Senate Conference Committee

Conference Amendment No. CA2.

Amend section 1, page 1, line 10, by deleting “Thirty” and inserting “Ninety”.

Assemblyman Oceguera moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 40.

Remarks by Assemblyman Oceguera.

Motion carried by a constitutional majority.

Mr. Speaker:

The first Conference Committee concerning Assembly Bill No. 81, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA3, which is attached to and hereby made a part of this report.

John Oceguera	Warren B. Hardy
Barbara Buckley	Raymond C. Shaffer
David Brown	Michael Schneider

Assembly Conference Committee Senate Conference Committee

Conference Amendment No. CA3.

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

“2. Sec.NRS 600.500 is hereby amended to read as follows:

Except 600.500 as otherwise provided by express written agreement, an employer is the sole owner of any patentable invention or trade secret developed by his employee during the course and scope of the employment that relates directly to work performed during the course and scope of the employment.”.

Amend the title of the bill, third line, after “marks;” by inserting: “limiting the right of an employer to own certain intellectual property developed by an employee;”.

Assemblyman Oceguera moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 81.

Remarks by Assemblyman Oceguera.

Motion carried by a constitutional majority.

Mr. Speaker:

The first Conference Committee concerning Senate Bill No. 206, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA1, which is attached to and hereby made a part of this report.

Bernie Anderson	Mark E. Amodei
Rod Sherer	Terry Care
William Horne	Mike McGinness

Assembly Conference Committee Senate Conference Committee

Conference Amendment No. CA1.

Amend sec. 38, page 25, line 16, by deleting “nonresponsibility” and inserting “nonresponsibility.”.

Amend sec. 38, page 25, by deleting lines 17 through 32 and inserting: “Any lessee who causes a work of 4. improvement to be constructed, altered or repaired upon property that is leased shall provide a payment and completion bond from a surety licensed to do business in this state in an amount equal to not less than 1.5 times the total amount of the construction contract. The surety bond must be recorded in accordance with
NRS 108.2415 to 108.2425, inclusive, before commencement of the construction, alteration or repair of the work of improvement and must be payable upon default by the lessee of any undisputed amount pursuant to the construction contract that is due and payable to the prime contractor for more than 30 days. If a lessee fails to record a surety bond as required pursuant to this section, the prime contractor may invalidate the construction contract and may recover damages including, without limitation, consequential damages, reasonable attorney’s fees and costs.

As used in this section, “disinterested 5. owner” means an owner who did not personally or through his agent or representative, directly or indirectly, request, require, authorize, consent to or cause a work of improvement, or any portion thereof, to be constructed, altered or repaired upon the property of the owner. The term must not be interpreted to invalidate a notice of nonresponsibility recorded pursuant to this section or to deny the rights granted pursuant to this section upon the recording of a notice of nonresponsibility because:

The disinterested owner is a lessor or (a) an optionor under a lease that requests, requires, authorizes or consents to his lessee causing the work of improvement to be constructed, altered or repaired upon the property;

The lessee personally or through his (b) agent or representative enters into a contract and causes the work of improvement to be constructed, altered or repaired upon the property; and

The lessor or optionor notifies the lessee in writing (c) that pursuant to subsection 4, the lessee must record a surety bond before causing a work of improvement to be constructed, altered or repaired upon the property.”.

Assemblyman Anderson moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 206.

Remarks by Assemblyman Anderson.

Motion carried by a constitutional majority.

Mr. Speaker:

The first Conference Committee concerning Assembly Bill No. 73, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA6, which is attached to and hereby made a part of this report.

Marcus Conklin	Maurice E. Washington
David Brown
Genie Ohrenschall	Dina Titus
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. CA6.

Amend sec. 2, page 4, by deleting lines 7 through 10 and inserting: “inclusive, the court shall order the person to pay restitution.”.

Amend sec. 3, page 4, line 32, by deleting: “and any costs”.

Assemblyman Conklin moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 73.

Remarks by Assemblyman Conklin.

Motion carried by a constitutional majority.

Consideration of Senate Amendments

Assembly Bill No. 286.

The following Senate amendment was read:

Amendment No. 912.

Amend sec. 3, page 3, by deleting lines 42 and 43 and inserting: “for the benefit of all state officers and employees and other persons who participate in the Program.”.

Amend sec. 3, page 4, by deleting lines 7 through 18 and inserting: “rates and coverage for active and retired state officers and employees and their dependents, commingle the claims experience of such active and retired officers and employees and their dependents.

(b) Except as otherwise provided in this paragraph, negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 that wishes to obtain group insurance for its active and retired officers ~~[, employees and retired]~~ and employees and their dependents by participation in the Program. The Board shall establish separate rates and coverage for ~~[those officers, employees and retired]~~ active and retired officers and employees of those public agencies and their dependents based on actuarial reports ~~[.]~~ that commingle the claims experience of such active and retired officers and employees and their dependents.”.

Amend sec. 4, page 6, by deleting lines 41 through 44 and inserting:

“(b) The rates set forth in the contract are based on :

(1) For active and retired state officers and employees and their dependents, the commingled claims experience of such active and retired ~~[state]~~ officers and employees and their dependents; and

(2) For active and retired officers and employees of public agencies enumerated in NRS 287.010 that contract with the Program to obtain group insurance by participation in the Program and their dependents, the commingled claims experience of such active and retired officers and employees and their dependents.”.

Amend sec. 10, page 11, by deleting line 14 and inserting:

“Sec. 10. 1. This section and section 8 of this act become effective on July 1, 2003.

2. Sections 1 to 7, inclusive, and 9 of this act become effective on October 1, 2003.”.

Amend the title of the bill by deleting the seventh through tenth lines and inserting: “government to ensure that rates established for coverage for their programs of group insurance are the same for all participants; requiring the Board of the Public Employees’ Benefits Program to establish rates and coverage for active and retired officers and employees of local governments that participate in the Program and their dependents based on the separate commingled claims experience of those active and retired officers and employees and their dependents; providing a period of open”.

Assemblyman Manendo moved that the Assembly concur in the Senate amendment to Assembly Bill No. 286.

Remarks by Assemblyman Manendo.

Motion carried by a constitutional majority.

Bill ordered to enrollment.

Appointment of Conference Committees

Mr. Speaker appointed Assemblywomen Giunchigliani, Koivisto, and Weber as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 355.

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

Assembly in recess at 6:35 p.m.

ASSEMBLY IN SESSION

At 6:52 p.m.

Mr. Speaker presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Oceguera moved that BUREAU OF NATIONAL AFFAIRS: William Carlile, be accepted as a accredited press representative, that he be assigned space at the press table in the Assembly Chambers and that he be allowed use of appropriate broadcasting facilities.

Motion carried.

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

Assembly in recess at 6:53 p.m.

ASSEMBLY IN SESSION

At 6:57 p.m.

Mr. Speaker presiding.

Quorum present.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

The first Conference Committee concerning Senate Bill No. 207, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA4, which is attached to and hereby made a part of this report.

William Horne	Terry Care
John C. Carpenter	Dennis Nolan
Genie Ohrenschall	Maurice E. Washington
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. CA4.

Amend the bill as a whole by renumbering sections 1 through 27 as sections 2 through 28 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. Chapter 111 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The owner of an interest in real property may create a deed that conveys his interest in real property to a grantee which becomes effective upon the death of the owner. Such a conveyance is subject to liens on the property in existence on the date of the death of the owner.

2. The owner of an interest in real property who creates a deed pursuant to subsection 1 may designate in the deed:

(a) Multiple grantees who will take title to the property upon his death as joint tenants with right of survivorship, tenants in common, husband and wife as community property, community property with right of survivorship or any other tenancy that is recognized in this state.

(b) A successor in interest to the grantee. If a successor in interest is designated, the deed must include a provision stating the condition precedent for the interest of the successor to vest.

3. If the owner of the real property which is the subject of a deed created pursuant to subsection 1 holds the interest in the property as a joint tenant with right of survivorship or as community property with the right of survivorship and:

(a) The deed includes a conveyance of the interest from each of the other owners, the deed becomes effective on the date of the death of the last surviving owner; or

(b) The deed does not include a conveyance of the interest from each of the other owners, the deed becomes effective on the date of the death of the owner who created the deed only if the owner who conveyed his interest in real property to the grantee is the last surviving owner.

4. If an owner of an interest in real property who creates a deed pursuant to subsection 1 transfers his interest in the real property to another person during his lifetime, the deed created pursuant to subsection 1 is void.

5. The provisions of this section must not be construed to limit the recovery of benefits paid for Medicaid.”.

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

Amend sec. 14, page 8, line 7, by deleting: “15 and 16” and inserting:
“16 and 17”.

Amend sec. 19, page 9, line 27, by deleting: “20 and 21” and inserting:
“21 and 22”.

Amend sec. 23, page 11, line 5, by deleting “13” and inserting “14”.

Amend sec. 24, page 11, line 42, by deleting “13” and inserting “14”.

Amend sec. 25, page 12, line 19, by deleting “13” and inserting “14”.

Amend sec. 26, page 12, line 39, by deleting “13” and inserting “14”.

Amend the title of the bill, first line, after “estates;” by inserting: “authorizing a person to convey his interest in real property in a deed which becomes effective upon his death;”.

Assemblyman Horne moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 207.

Remarks by Assemblyman Horne.

Motion carried by a constitutional majority.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Williams, Pierce, and Goicoechea as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 114.

Mr. Speaker appointed Assemblymen Koivisto, McCleary, and Christensen as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 388.

Recede From Assembly Amendments

Assemblyman Manendo moved that the Assembly do not recede from its action on Senate Bill No. 229, 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 Manendo.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen McCleary, Collins, and Hardy as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 229.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 16, 57, 190, 220, 223, 239, 254, 320, 325, 326, 369, 394, 401, 425, 429, 431, 432, 452, 459, 470, 509, 514, 515;
Assembly Joint Resolution No. 13; Assembly Concurrent Resolutions
No. 29, 30; Assembly Resolution No. 6; Senate Bills Nos. 19, 55, 76, 78, 82, 100, 112, 136, 146, 168, 176, 179, 181, 196, 241, 262, 309, 312, 320, 328, 329, 331, 332, 345, 354, 386, 407, 416, 423, 425, 426, 439, 444, 452, 453, 470, 475, 485, 486, 489; Senate Joint Resolutions No. 3, 4;
Senate Concurrent Resolution No. 39.

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 Monica A. Courey and Dianne L. Higgins.

On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Cathy Guild,
Kelsey Gregory, Mandy Schloegel, and Cristina Dreher.

On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Grace Higgins and
Sally Higgins.

On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Paul Nielsen, Erika Allee, Juan Araiza, Ivan Barajas, Jamie Chiarella, Alex Chichester, Noah Conrath, Christopher Dudley, Reid Evans, Cali Fennelly, Robert Fifer,
Kenneth Gasaway, Pamela Gotera, Leonard Hernandez, Desirae Houle, Schinria Islam, Reem Itani, Daniel Juarez, Alexey Kanwetz,
Blaise Labranch, Clayton Lewis, Gage Locke, Scott Mase,
Jordan Mehrmafakham, Cassandra Melancon, Robert Morgan-Beesley, Gabrielle Newman, Hilary Peil, Kristine Perez, Justin Ring, Whitney Roubo, Tyler Stokes, Whitney Thomas, Jenessa Warren, Timothy Woodard,
Jakob Camarena, Bryan Chuan, Jaqueline Dory, Patrick Gamer,
David Headrick, Donald Hoeck, Austin Iveson, Daniel Jara, James Johnson, Andrea Lynch, Britton Murdock, Jennifer Oring, Steven Owens,
Niccolas Peralta, Kevin Peterson, Meryl Rasmussen, Anthony Rissone, Daniel Sanchez, Alexander Shaw, Cameron Sheridan, Ashley Ullrich,
Delson Barr, Vivian Carbajal, Jaclyn Johnson, Angela Madera, Hilary Allen, Anthony Bass, Zachary Blackburn, Casey Brown, Mark Brown,
Bradley Bush, Scott Carnahan, John Casey, Jose Evangelista, Tiffany Fortier, Santino Gallegos, Emily Hamilton, Dane Higgins, Hetty Hu,
Laura Kreidberg, Trevor Landa, Jenni Laureano, Morgan McCombs,
Jared Munson, Rosario Perez-Vincen, Erica Reid, Cassandra Summers,
Glen Washington, Nicholas York, Ami Borrego, Luis Cabrera, Stacy Challis, Harvey Downs, Nicole Franke, Kelsy Galli, Sara Goodman, Ryan Iinuma, Shabatun Islam, Ariadna Martinez, Riley McKowan, Allie McLoughlin, Vanessa Moreno, Luke Mudge, Anthony Mustin, Paulina Pulleyn,
William Richeson, Peter Savage, Amanda Schloegel, Joshua Shapiro,
Marcus Smith, Shireen Spears, Cameron Walburg, Judson Wesnousky, Ashley Wingate, Chelsea Zuppan, Ann-Marie Zwischenberg, Nicole Koffler, and Ernesto Schaefer.

Assemblywoman Buckley moved that the Assembly adjourn until Thursday, May 29, 2003, at 11:00 a.m.

Motion carried.

Assembly adjourned at 7:01 p.m.

Approved: Richard D. Perkins

Speaker of the Assembly

Attest: Jacqueline Sneddon

Chief Clerk of the Assembly