THE FORTY-THIRD DAY
Carson City (Monday), March 17, 2003
Assembly called to order at 11:17 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Patrick Propster.
Proverb 14: The naïve inherit folly: but the prudent are crowned with knowledge. The evil will bow down before the good; and the wicked at the gates of the righteous. Lord God Almighty, things are not as simple as found in Your word; we have made them more complex. What used to be as simple as saying, “You shall not murder,” nowadays becomes a debate. We therefore humbly ask that You would give divine help through Your infinite wisdom to this Assembly as decisions are made today. We also pray for President Bush and all those guiding him in the monumental choices regarding safety throughout the world and the preservation of the freedoms we so cherish. In the mighty Name of the Lord.
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 Commerce and Labor, to which was referred Assembly Bill No. 140, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
David Goldwater, Chairman
Mr. Speaker:
Your Concurrent Committee on Education, to which was referred Assembly Bill No. 162, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 57, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernie Anderson, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 14, 2003
To the Honorable the Assembly:
I have the honor to inform
your honorable body that the Senate on this day passed
Senate Bill No. 213.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 18.
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Mary Jo Mongelli |
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Assistant Secretary of the Senate |
SECOND READING AND AMENDMENT
Assembly Bill No. 135.
Bill read second time and ordered to third reading.
Assembly Bill No. 147.
Bill read second time and ordered to third reading.
Assembly Bill No. 203.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 48.
Amend section 1, page 2, by deleting lines 7 through 9 and inserting: Department of Administration;
(b) Two persons who are employed by the University and Community College System of Nevada; and
(c) One student who is currently enrolled in an institution within the University and Community College System of Nevada.”.
Amend sec. 2, page 2, by deleting lines 31 through 33 and inserting:
“1. Examine and evaluate the need in this state for existing and potential higher education programs to ensure economic progress and development within the State of Nevada and to ensure that the educational needs of its residents are being met;”.
Amend sec. 2, page 2, line 38, after “resources” by inserting “within institutions”.
Amend sec. 2, page 2, line 39, by deleting “and”.
Amend sec. 2, page 2, by deleting line 43 and inserting: “Nevada; and
5. Recommend to the Board of Regents and the Legislature such action as may be needed for the efficient and effective operation of higher education in Nevada if the State is to progress economically and socially.”.
Amend sec. 7, page 3, line 18, after “to the” by inserting: “Board of Regents, Legislative Committee on Education and”.
Assemblyman Williams moved the adoption of the amendment.
Remarks by Assemblyman Williams.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 216.
Bill read second time and ordered to third reading.
Assembly Bill No. 218.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 42.
Amend section 1, page 1, line 3, after “1.” by inserting: “The board of trustees of each school district shall adopt a master plan to provide for the progressive discipline of pupils enrolled in the school district and the on-site review of disciplinary decisions. The master plan must:
(a) Include a provision for the withholding of a portion of the salary or other compensation of a principal pursuant to subsection 6; and
(b) Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463.
2. The board of trustees of each school district shall submit a copy of the master plan to the Superintendent of Public Instruction.
3.”.
Amend section 1, page 1, line 7, after “teachers” by inserting: “and support personnel”.
Amend section 1, page 2, by deleting lines 3 through 30 and inserting: “(e) Comply with the master plan adopted pursuant to subsection 1 by the board of trustees of the school district in which the school is located.
4. After the input and participation of teachers, support personnel, and parents and guardians of pupils is received pursuant to paragraph (a) of subsection 3, the principal and the teachers and support personnel who are employed at the school shall adopt the plan without any further review except as required by subsection 5.
5. On or before October 1 of each year, the principal of each public school shall:
(a) Review the plan in consultation with the teachers and support personnel who are employed at the school;
(b) Based upon the review, make revisions to the plan, as recommended by the teachers and support personnel, if necessary;
(c) Post a copy of the plan or the revised plan, as applicable, in a prominent place at the school for public inspection and otherwise make the plan available for public inspection at the administrative office of the school; and
(d) Submit a copy of the plan or the revised plan, as applicable, to the superintendent of schools of the school district.
6. If a principal fails to submit a copy of the plan or the revised plan, as applicable, pursuant to subsection 5 on or before October 1, the board of trustees of the school district shall withhold a portion of his salary or other compensation, as determined by the board of trustees in accordance with the master plan adopted pursuant to subsection 1, for each day after October 1 during which the school's plan is not submitted to the superintendent of schools. The board of trustees shall set aside and maintain separately the portion of the principal’s salary or other compensation that is withheld until such time as the principal submits the plan or the revised plan, as applicable, to the superintendent of schools. If the principal of the school submits the plan or the revised plan, as applicable, to the superintendent of schools, the board of trustees shall immediately pay to the principal the salary or other compensation that was withheld.
7. On or before November 1 of each year, the superintendent of schools of each school district shall submit a report to the board of trustees of the school district that includes:
(a) A compilation of the plans submitted pursuant to this section by each school within the school district.
(b) The name of each principal, if any, who has not complied with the reporting requirements of this section.
8. On or before November 30 of each year, the board of trustees of each school district shall submit a written report to the Superintendent of Public Instruction based upon the compilation submitted pursuant to subsection 7 that reports the progress of each school within the district in complying with the requirements of this section.
9. On or before December 31 of each year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau concerning the progress of the schools and school districts throughout this state in complying with this section. If the report is submitted during:
(a) An even-numbered year, the Director of the Legislative Counsel Bureau shall transmit it to the next regular session of the Legislature.
(b) An odd-numbered year, the Director of the Legislative Counsel Bureau shall transmit it to the Legislative Committee on Education.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 392.4645 is hereby amended to read as follows:
392.4645 1. The master plan of a board of trustees and the plan of a school established pursuant to NRS 392.4644 must provide for the temporary removal of a pupil from a classroom if, in the judgment of the teacher, the pupil has engaged in behavior that seriously interferes with the ability of the teacher to teach the other pupils in the classroom and with the ability of the other pupils to learn. The master plan of a board of trustees and the plan of a school must provide that, upon the removal of a pupil from a classroom pursuant to this section, the principal of the school shall provide an explanation of the reason for the removal of the pupil to the pupil and offer the pupil an opportunity to respond to the explanation. Within 24 hours after the removal of a pupil pursuant to this section, the principal of the school shall notify the parent or legal guardian of the pupil of the removal.
2. Except as otherwise provided in subsection 3, a pupil who is removed from a classroom pursuant to this section must be assigned to a temporary alternative placement pursuant to which the pupil:
(a) Is separated, to the extent practicable, from pupils who are not assigned to a temporary alternative placement;
(b) Studies under the supervision of appropriate personnel of the school district; and
(c) Is prohibited from engaging in any extracurricular activity sponsored by the school.
3. The principal shall not assign a pupil to a temporary alternative placement if the suspension or expulsion of a pupil who is removed from the classroom pursuant to this section is:
(a) Required by NRS 392.466; or
(b) Authorized by NRS 392.467 and the principal decides to proceed in accordance with that section.
If the principal proceeds in accordance with NRS 392.466 or 392.467, the pupil must be removed from school in accordance with those sections and the provisions of NRS 392.4642 to 392.4648, inclusive, do not apply to the pupil.”.
Amend the bill as a whole by renumbering sec. 3 as sec. 5 and adding a new section designated sec. 4, following sec. 2, to read as follows:
“Sec. 4. On or before September 1, 2003, the board of trustees of each school district shall adopt a master plan pursuant to section 1 of this act.”.
Amend the title of the bill to read as follows:
“AN ACT relating to education; requiring the board of trustees of each school district to adopt a master plan for the progressive discipline of pupils and on-site review of disciplinary decisions; revising provisions governing the plan required of each public school for the progressive discipline of pupils and on-site review of disciplinary decisions; providing that the salary of a principal must be withheld if the principal does not submit a plan within the time prescribed; specifying the terms of certain members on a committee to review the temporary alternative placement of pupils; and providing other matters properly relating thereto.”.
Assemblyman Williams moved the adoption of the amendment.
Remarks by Assemblyman Williams.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Assembly Bill No. 224.
Bill read second time and ordered to third reading.
general file and third reading
Assembly Bill No. 60.
Bill read third time.
Remarks by Assemblyman Anderson.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:29 a.m.
ASSEMBLY IN SESSION
At 11:31 a.m.
Mr. Speaker presiding.
Quorum present.
Remarks by Assemblymen Horne and Ohrenschall.
Roll call on Assembly Bill No. 60:
Yeas—23.
Nays—19—Anderson, Arberry, Atkinson, Claborn, Conklin, Geddes, Giunchigliani, Goldwater, Horne, Koivisto, Leslie, Manendo, McCleary, Mortenson, Ohrenschall, Parks, Pierce, Sherer, Williams.
Assembly Bill No. 60 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Hardy, Beers, Mabey, Sherer, Knecht, Andonov, Angle, Christensen, Collins, Geddes, Gibbons, Goicoechea, Grady, Griffin, Gustavson, Hettrick, Marvel, and Weber; Senators McGinness and Washington:
Assembly Bill No. 338—AN ACT relating to attorneys; requiring the Supreme Court of Nevada to adopt rules which require that before undertaking representation of a client for the purposes of commencing litigation, an attorney must ensure that the client is adequately informed about litigation; and providing other matters properly relating thereto.
Assemblyman Hardy moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Collins:
Assembly Bill No. 339—AN ACT relating to taxation; increasing the tax on the privilege of conducting business in this state; and providing other matters properly relating thereto.
Assemblyman Collins moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblyman Hettrick; Senators Amodei and McGinness:
Assembly Bill No. 340—AN ACT making an appropriation to Douglas County for the support of programs that are designed to prevent suicide; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Oceguera, Anderson, Parks, Conklin, Gibbons, Atkinson, Chowning, Giunchigliani, Goldwater, Horne, Leslie, McCleary, Mortenson, Pierce, and Williams:
Assembly Bill No. 341—AN ACT relating to civil actions; effectuating a specific and limited waiver of the immunity of the State under the Eleventh Amendment to the United States Constitution with regard to certain federal laws regulating employment practices; and providing other matters properly relating thereto.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Mortenson, Parks, Hettrick, Giunchigliani, and Collins:
Assembly Bill No. 342—AN ACT relating to taxation; requiring a transient lodging establishment to obtain a license from the Department of Taxation; imposing an occupancy tax on the rental of a room or space in such an establishment; providing penalties; and providing other matters properly relating thereto.
Assemblyman Mortenson moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblyman Carpenter (by request):
Assembly Bill No. 343—AN ACT relating to sellers of travel; requiring a seller of travel to include his registration number in his advertising; requiring a seller of travel to maintain a trust account for money received for the purchase of travel services; revising the definition of “seller of travel”; requiring the Division to mail to a seller of travel an application for the renewal of his certificate before the expiration of his current certificate; allowing a seller of travel to comply with certain financial security requirements by maintaining a specified policy of insurance; providing an exclusion from certain financial security requirements; and providing other matters properly relating thereto.
Assemblyman Carpenter moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblyman Perkins:
Assembly Bill No. 344—AN ACT relating to elections; providing for a special election to fill a vacancy in the office of Representative in Congress in the event of certain catastrophes; and providing other matters properly relating thereto.
Assemblyman Oceguera moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblyman Perkins:
Assembly Bill No. 345—AN ACT relating to public schools; requiring the boards of trustees of school districts to make the libraries in public high schools open to the general public during certain times that are not regular school hours; and providing other matters properly relating thereto.
Assemblyman Oceguera moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblyman Carpenter (by request):
Assembly Bill No. 346—AN ACT relating to taxation; authorizing the operation or maintenance of heavy-duty equipment on a highway in this state using dyed special fuel under certain circumstances; revising the circumstances under which special mobile equipment may be operated or maintained on a highway in this state using dyed special fuel; authorizing the operation and maintenance of farm equipment on a controlled-access highway using dyed special fuel; and providing other matters properly relating thereto.
Assemblyman Carpenter moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblyman Geddes:
Assembly Bill No. 347—AN ACT relating to civil actions; providing in skeleton form for immunity from civil liability to certain persons who furnish or otherwise assist an occupational licensing board in an investigation and to certain persons who file complaints with such a board; providing complete sovereign immunity to occupational licensing boards in certain circumstances; and providing other matters properly relating thereto.
Assemblyman Geddes moved that the bill be referred to the Committee on Commerce and Labor.
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 11:41 a.m.
ASSEMBLY IN SESSION
At 11:43 a.m.
Mr. Speaker presiding.
Quorum present.
Assemblyman
Geddes moved that the action whereby Assembly Bill
No. 347 was referred to the Committee on Commerce and Labor be rescinded.
Motion carried.
Assemblyman Geddes moved that Assembly Bill No. 347 be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Carpenter:
Assembly Bill No. 348—AN ACT relating to property taxes; revising the provisions governing the development of certain factors used in the determination of the taxable value of improvements to real property; and providing other matters properly relating thereto.
Assemblyman Carpenter moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Ohrenschall, Claborn, and Buckley:
Assembly Bill No. 349—AN ACT relating to older persons; requiring training and education in geriatrics and gerontology as a condition for licensing certain health care professionals and for persons who work in long-term care facilities; removing the limitation on the number of hearings that the Nevada Silver Haired Legislative Forum may hold; and providing other matters properly relating thereto.
Assemblywoman Ohrenschall moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblymen Ohrenschall and Claborn:
Assembly Bill No. 350—AN ACT relating to facilities for the dependent; prohibiting the State Board of Health from requiring a residential facility for groups which provides care only to older patients to purchase or maintain a policy of liability insurance; and providing other matters properly relating thereto.
Assemblywoman Ohrenschall moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Ohrenschall and Claborn:
Assembly Bill No. 351—AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide an exemption from the tax for medicines and medical devices that are ordered for senior citizens by providers of health care and sold over the counter, without a prescription; contingently providing the same exemption from certain analogous taxes; and providing other matters properly relating thereto.
Assemblywoman Ohrenschall moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Ohrenschall, Claborn, and Buckley:
Assembly Bill No. 352—AN ACT relating to mobile homes; revising provisions relating to the sale of an older mobile home; requiring a disclosure by the owner that the older mobile home does not meet certain standards required by statute or ordinance at the time of sale; and providing other matters properly relating thereto.
Assemblywoman Ohrenschall moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblywoman Giunchigliani:
Assembly Bill No. 353—AN ACT relating to the University and Community College System of Nevada; prohibiting a university, university foundation or community college from using certain personally identifiable information contained in the education records of a student or former student or the employment records of an employee or former employee without the written consent of the student, former student, employee or former employee; requiring the System to provide certain informational seminars to the Board of Regents of the University of Nevada; providing in skeleton form for a reduction in the size of the Board of Regents; providing for a term of office of 4 years for each member of the Board of Regents; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblywoman Giunchigliani:
Assembly Bill No. 354—AN ACT relating to employees of a school district; prescribing a time by which hearings must be commenced for licensed and unlicensed employees of a school district; providing that employees must not be required to seek alternative employment and mitigate damages during the pendency of proceedings; requiring an administrator to provide notice to an employee of a complaint against the employee by a parent or pupil; revising provisions governing the contents of a notice of admonition issued to a licensed employee; revising provisions governing the selection of hearing officers and conduct of hearings for licensed employees; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblywoman Giunchigliani:
Assembly Bill No. 355—AN ACT relating to aeronautics; requiring the board of county commissioners of certain larger counties to designate a preferred airport or other preferred facility for the takeoff and landing of certain commercial helicopters; establishing a program for the exemption from personal property taxation of certain commercial helicopters that use the designated preferred airport or other preferred facility; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
general file and third reading
Assembly Bill No. 73.
Bill read third time.
Remarks by Assemblywoman McClain.
Roll call on Assembly Bill No. 73:
Yeas—42.
Nays—None.
Assembly Bill No. 73 having received a constitutional
majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 74.
Bill read third time.
Remarks by Assemblyman McCleary.
Roll call on Assembly Bill No. 74:
Yeas—41.
Nays—None.
Not Voting—Geddes.
Assembly Bill No. 74 having received a two-thirds majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 82.
Bill read third time.
Remarks by Assemblyman Mortenson.
Roll call on Assembly Bill No. 82:
Yeas—42.
Nays—None.
Assembly Bill No. 82 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 89.
Bill read third time.
Remarks by Assemblymen Leslie and Hettrick.
Roll call on Assembly Bill No. 89:
Yeas—31.
Nays—Angle, Carpenter, Christensen, Grady, Gustavson, Hettrick, Knecht, Mabey, Marvel, Sherer—10.
Not Voting—Anderson.
Assembly Bill No. 89 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 111.
Bill read third time.
Remarks by Assemblyman Marvel.
Roll call on Assembly Bill No. 111:
Yeas—42.
Nays—None.
Assembly Bill No. 111 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 133.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 133:
Yeas—42.
Nays—None.
Assembly Bill No. 133 having
received a constitutional majority,
Mr. Speaker declared it passed.
Assembly Bill No. 148.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Assembly Bill No. 148:
Yeas—42.
Nays—None.
Assembly Bill No. 148 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 194.
Bill read third time.
Remarks by Assemblymen Leslie, Knecht, Ohrenschall, Hardy, Conklin, Goldwater, and Beers.
Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.
Potential conflict of interest declared by Assemblyman Hardy.
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblywoman Leslie:
Thank you, Mr. Speaker. This bill prohibits an insurer from using information included in the consumer credit report of an applicant or policyholder as a basis for making certain determinations regarding policies of insurance. Specifically, an insurer may not use information from a consumer credit report as a basis for issuing, canceling, or renewing a policy of insurance; determining the amount of premium a policyholder must pay; or for determining a policyholder’s eligibility for a payment plan.
The number of insurance companies using credit reports to evaluate personal insurance coverage has grown at an alarming rate. Yet, the justification for the growing dependency on credit ratings is vague, at best. It may well be the catalyst for completely changing the basis for calculating insurance risks. Insurers can deny, cancel, or not renew a policy based on a person’s credit history regardless of whether he or she is a good driver. The practice goes even deeper. The amount of money charged for the same amount of coverage varies based on credit issues. Insurers seem to be married to the concept, because they can predict who is least likely to make an insurance claim. By targeting financially sound individuals, they can increase their profitability. But should insurance coverage only benefit those who will not use it? Are we allowing insurers to condition policyholders to avoid making claims for services they have already paid for? The standards for setting rates in Nevada center around three basic themes: rates may not be excessive; they may not be inadequate; and they may not be unfairly discriminatory.
I’ve read volumes—trust me—of information on this subject. I do feel this practice steps over the line and is unfairly discriminatory. AB 194 tips the scales back to factors that directly relate to insurance coverage. Insurance companies have the ability through other sources to identify risks and set adequate and equitable rates. Our citizens will be relieved of the worry that their private financial matters are not used inappropriately. Ask yourself, if this is such a good idea, why it is that so many independent insurance agents are against credit scoring? If they wanted to underwrite more business, wouldn’t they endorse this practice? These agents often have access to inside trade secrets information that we do not. They are still against the practice. Why? I did review one of the secret formulas recently used by a major insurance company by its representative. On the list of 25 or so factors, each of which are weighed equally, were the items “self-initiated inquiry.” If I call up to check on the accuracy of my credit report, that counts equally against me just as the number of accidents I’ve had, the distance I drive to work, or other driving-related risk factors. This representative could not tell me how many inquiries I would have to make before this occurred. One? Two? Twelve? Twenty? We don’t know. Until the insurance companies agree to share their secret formulas or tell consumers how many credit cards are too many or how many times you can check your credit report, your own credit report, without it negatively affecting your premium, I would believe we should ban this practice of credit scoring to protect all the citizens of Nevada. Thank you, Mr. Speaker.
Assemblyman Knecht:
Thank you, Mr. Speaker. In view of the press of time today, I will offer a short version of my prepared remarks.
When AB 194 came before the Commerce and Labor Committee, four colleagues and I voted “no,” asking for more time to study this measure. Mr. Speaker, we have now received and reviewed the additional information on which we were waiting and it fully validates our reservations at the time of the committee vote and compels us to maintain our “no” votes. A couple of years ago, the state of Maryland passed a bill that outlawed the use of credit scores for setting insurance rates and terms, as AB 194 would do in Nevada. As a result of this kind of legislation in Maryland, rates there rose 15.7 percent in 2002, while national rates, which were not affected by such a bill, increased only 9 percent. In sum, the evidence shows that AB 194 will burden Nevada consumers with increased rates, poorer service and less consumer choice. It well may concentrate these bad effects on the low-income people least able to bear those burdens.
Finally, Mr. Speaker, there are good reasons to allow insurers to use consumer credit scores in setting insurance rates and terms. Credit scores reflect people’s history of paying their bills on time and otherwise managing their affairs prudently—habits that are correlated with low insurance risk, as vast amounts of research conclusively demonstrate. Barring the use of credit scores is thus unfair to the vast majority of Nevadans who show they are low-risk customers through their responsible daily behavior. Mr. Speaker, I will vote no because this measure is detrimental to the vast majority of our constituents and to the public interest. Thank you.
Assemblywoman Ohrenschall:
Thank you, Mr. Speaker. I vote in support of this bill. I studied it at great length. I listened to everything that my colleague from the north, who helped get the bill through committee, said before. We’ve talked about it. I have talked with people from southern Nevada. The reason I am going to vote in favor of the bill is that I feel that looking at consumer credit rating as a way to determine what insurance they can buy, how much they will pay for it, or if they can buy any at all is, in fact, a blatant form of socioeconomic profiling and stereotyping. That particular practice has been attacked throughout the country as a violation of 14th Amendment equal protection. We need to have people be able to get insurance because, in many cases, particularly automobile insurance, it is required. If you do not have automobile insurance, you can’t drive a car. If you can’t drive a car, you can’t go to work. If you can’t go to work, you can’t support the family. You would end up at the door of welfare if you can do none of these things. Nevada, I think, is too open-minded and clear-sighted a state to settle for indirect profiling and stereotyping. I encourage this whole Body to vote for this bill.
Assemblyman Hardy:
Thank you, Mr. Speaker. I would like to disclose that my son-in-law is a State Farm agent, though not in this state. I will not receive any benefit for or against this bill. I did have the opportunity in making that disclosure some months ago, talking peripherally, about insurance issues, and we talked about this concept of credit score being a risk factor for determining insurance rates and premiums. Insurers have people called actuaries who predict risk and they base their premiums on the risk such as a 16-year-old driver who is perhaps more risky than someone else, such as a smoker. When we look at the concept of credit score, we are concerned about the person who is using, in a “riskier way,” the opportunity of using credit. That risk- taking behavior is shared in other areas of a person’s life. I, too, have read volumes and looked at those in perhaps a different view than my colleague from northern Nevada. I would suggest that the credit score use protects those who have not been at a higher risk, and therefore their premiums can be lowered. What would happen if their risk or their premiums are not lowered is that their premiums will float upwards to cover the risk of the society as a whole. I would not be in favor of this particular bill. Thank you, Mr. Speaker.
Assemblyman Conklin:
Thank you, Mr. Speaker. I rise in support of this bill. I would like to point out a couple of issues that have not been addressed yet. There was a lady at the hearing on the bill, an insurance agent, that spoke of one of her clients who has an income of $250,000 a year. He paid cash for a $600,000 home. He owns three cars, all of which are quite expensive—a Range Rover, a Mercedes, and some other car I can’t remember. His insurance went up in the last term from $500 to $900. The only reason his insurance went up was 66 inquiries on his credit. His insurance rates doubled. Where is the equity involved in that? Is this man more likely to get into an accident because he manages his money and he pays cash for things? He had $2,100 on credit and makes $250,000 annually. The problem is we have people like my colleague from District No. 10, who is “dead,” and has an increased insurance rate. The fact of the matter is that our credit reports are not correct. There are four or five different agencies out there, all with different scores. Your insurance rates are changing because of a report that is most likely inaccurate. That is problem number one. Problem number two, and I must respectfully disagree with my colleague from the north, is that there are many factors involved in rates. If our rates are going to go up across the board as a result of not allowing credit scoring, then we must ask what kind of integrity does the insurance industry have. Crashes do not increase as a result of credit scoring. We will have the same number of crashes next year as we did this year, unrelated to credit scoring altogether. I think these things are important to consider when you make a vote on this case. Thank you very much.
Assemblyman Goldwater:
Thank you, Mr. Speaker. I rise is support of AB 194. I appreciate the eloquent objection of the opponents of this bill. However, I would remind this Body of the function of insurance and the function of our regulatory oversight. Does it affect the cost of premium? Maybe; we aren’t sure. Is it the sole contributing factor to an increase in premium in Maryland? We are not sure. Insurance companies need as many tools at their disposal to make ratings because it is important to get an accurate actuarial assessment of the situation and the risk they are about to underwrite. This state has made a promise to its people, in its regulatory oversight of insurance premium writing and underwriting, that we will watch how insurance companies underwrite your premium.
There are some factors that are worth looking at and are very telling of the accurate way of predicting insurance risk. The color of your skin is a very good way of pointing out a particular risk factor. But is it okay to use the color of your skin when you underwrite a policy? This state has said, no, it is not okay. It may be a tool, but it is not okay. Is where you live an indicator of how to underwrite premium? Yes. Does the state do that? We have said, as a policy decision, no, it is not okay, not if you want to write insurance in this state. What AB 194 says is can something that is arbitrary, not perfect, certainly prone to error, and is used for a number of other factors, be used. Can a credit report, which people accrued information on and which affects every action in their day, be used as an underwriting tool to help predict premium? That is what you are saying. I feel the answer, the right public policy for this state is to say no, you can’t. It is not the right thing to do. In the end, do you want to say to the insurance companies, here is a tool to help you with underwriting a person’s risk? Or do you want to say to the people, we are going to protect you, as originally promised, and insurance policies will be underwritten in the proper manner. This state is going to look out for you. It is a question of whether or not you want to look out for insurance companies or you want to look out for the people whom you represent.
Assemblyman Beers:
Thank you, Mr. Speaker. My colleague from District 10 did a fine job outlining one of the potential philosophies this Body could adopt in deliberating this bill. To me it is pragmatic. Only one state, Maryland, has done this, and there everyone’s insurance rates, as an aggregate, went up about 75 percent more than the national rate of increase. In my mind, prohibiting insurance companies from giving discounts for a good credit rating is going to cost all Nevadans money. Therefore, I am voting no.
Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:
With the permission of the Body, the Chair would like to ask the last speaker if there were any other insurance scoring tools that were used by the state of Maryland that were not used in the state of Nevada?
Assemblyman Beers:
Thank you, Mr. Speaker. As far as the other items that my colleague from District 10 listed that we prohibit, I am not sure I understand the question.
Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:
I am looking for other potential causes for Maryland’s increase in premiums.
Assemblyman Beers:
I saw an article in the Baltimore Sun, Mr. Speaker, that had their insurance commissioner speculating that was the cause.
Roll call on Assembly Bill No. 194:
Yeas—26.
Nays—Andonov, Angle, Beers, Brown, Geddes, Goicoechea, Grady, Griffin, Gustavson, Hardy, Hettrick, Knecht, Mabey, Marvel, Sherer, Weber—16.
Assembly Bill No.
194 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 236.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 236:
Yeas—42.
Nays—None.
Assembly Bill No. 236 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 252.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Assembly Bill No. 252:
Yeas—42.
Nays—None.
Assembly Bill No. 252 having
received a constitutional majority,
Mr. Speaker declared it passed.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:24 p.m.
ASSEMBLY IN SESSION
At 12:42 p.m.
Mr. Speaker presiding.
Quorum present.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 232, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
David Goldwater, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Anderson, Buckley, Carpenter, Claborn, Conklin, and Geddes:
Assembly Joint Resolution No. 8—Proposing to amend the Nevada Constitution to authorize the reassessment of real property for taxation purposes upon the transfer of its ownership and, under certain circumstances, upon its conversion to another use.
Resolved by the Assembly and Senate of the State of Nevada, Jointly, That Section 1 of Article 10 of the Nevada Constitution be amended to read as follows:
Section 1. 1.
[The] Except as otherwise provided in subsection 11, the legislature
shall provide by law for a uniform and equal rate of assessment and taxation,
and shall prescribe such regulations as shall secure a just valuation for
taxation of all property, real, personal and possessory, except mines and
mining claims, which shall be assessed and taxed only as provided in section 5
of this article.
2. Shares of stock, bonds, mortgages, notes, bank deposits, book accounts and credits, and securities and choses in action of like character are deemed to represent interest in property already assessed and taxed, either in Nevada or elsewhere, and shall be exempt.
3. The legislature may constitute agricultural and open-space real property having a greater value for another use than that for which it is being used, as a separate class for taxation purposes and may provide a separate uniform plan for appraisal and valuation of such property for assessment purposes. If such plan is provided, the legislature shall also provide for retroactive assessment for a period of not less than 7 years when agricultural and open-space real property is converted to a higher use conforming to the use for which other nearby property is used.
4. Personal property which is moving in interstate commerce through or over the territory of the State of Nevada, or which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward, shall be deemed to have acquired no situs in Nevada for purposes of taxation and shall be exempt from taxation. Such property shall not be deprived of such exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged.
5. The legislature may exempt motor vehicles from the provisions of the tax required by this section, and in lieu thereof, if such exemption is granted, shall provide for a uniform and equal rate of assessment and taxation of motor vehicles, which rate shall not exceed five cents on one dollar of assessed valuation.
6. The legislature shall provide by law for a progressive reduction in the tax upon business inventories by 20 percent in each year following the adoption of this provision, and after the expiration of the 4th year such inventories are exempt from taxation. The legislature may exempt any other personal property, including livestock.
7. No inheritance tax shall ever be levied.
8. The legislature may exempt by law property used for municipal, educational, literary, scientific or other charitable purposes, or to encourage the conservation of energy or the substitution of other sources for fossil sources of energy.
9. No income tax shall be levied upon the wages or personal income of natural persons. Notwithstanding the foregoing provision, and except as otherwise provided in subsection 1 of this section, taxes may be levied upon the income or revenue of any business in whatever form it may be conducted for profit in the state.
10. The legislature may provide by law for an abatement of the tax upon or an exemption of part of the assessed value of a single-family residence occupied by the owner to the extent necessary to avoid severe economic hardship to the owner of the residence.
11. The legislature may, by law, require:
(a) The assessed value of real property to be redetermined for taxation purposes upon the sale or other transfer of ownership of that property. If such a provision is enacted, the legislature may require any depreciation and obsolescence accumulated during the previous ownership to be excluded from the reassessed value of the property.
(b) The assessed value of residential real property that is converted to another use to be redetermined for taxation purposes after the conversion in accordance with the new use of the property.
Assemblyman Anderson moved that the resolution be referred to the Concurrent Committees on Taxation and Constitutional Amendments.
Motion carried.
Senate Concurrent Resolution No. 18.
Assemblyman Hettrick moved the adoption of the resolution.
Remarks by Assemblyman Hettrick.
Resolution adopted unanimously.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblywoman Giunchigliani:
Assembly Bill No. 356—AN ACT relating to labor; increasing the minimum wage that must be paid to certain employees in private employment; requiring annual adjustment by the Labor Commissioner of the minimum wage under certain circumstances; requiring the Department of Employment, Training and Rehabilitation to perform certain calculations with respect to the cost of living for working families within the State; revising provisions relating to the eligibility of certain new and expanded businesses for certain tax abatements; imposing certain requirements relating to the provision of family health care to the employees and dependents of certain larger grocery stores; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblywoman Giunchigliani:
Assembly Bill No. 357—AN ACT relating to electricians; requiring the Division of Industrial Relations of the Department of Business and Industry to establish minimum standards for the education, training and certification of electricians; authorizing the Division to establish a schedule of fees for the certification of electricians; prohibiting a person from working as an electrician unless he holds a certificate as an electrician issued by the Division; prohibiting the State Contractors’ Board from issuing a license to, or renewing the license of, an electrician who does not hold a certificate as an electrician issued by the Division; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblyman Perkins:
Assembly Bill No. 358—AN ACT relating to motor vehicles; providing for the design, preparation and issuance of special license plates by petition to the Department of Motor Vehicles; imposing a fee for the issuance and renewal of such license plates; providing in certain circumstances for the withdrawal from use of a particular design of such license plates; and providing other matters properly relating thereto.
Assemblyman Oceguera moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblymen Angle, Knecht, Andonov, Brown, Carpenter, Goicoechea, Gustavson, Manendo, Marvel, Mortenson, Sherer, and Weber; Senators Neal, Nolan, Shaffer, and Washington:
Assembly Bill No. 359—AN ACT relating to motor vehicles; revising provisions regarding certain fleets to authorize the use of certain additives for motor vehicle fuel; and providing other matters properly relating thereto.
Assemblywoman Angle moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblyman Carpenter:
Assembly Bill No. 360—AN ACT relating to the Legislators’ Retirement System; revising the provisions governing the retirement of Legislators; and providing other matters properly relating thereto.
Assemblyman Carpenter moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By the Committee on Taxation:
Assembly Bill No. 361—AN ACT relating to local governmental finances; requiring local governments that acquire certain public utilities or expand certain facilities for utility service to make certain payments or provide certain compensation in lieu of taxes and franchise fees; and providing other matters properly relating thereto.
Assemblyman Parks moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Giunchigliani, Anderson, and Conklin:
Assembly Bill No. 362—AN ACT relating to traffic laws; revising provisions relating to driving or being in actual physical control of a vehicle while under the influence of certain controlled substances; revising provisions relating to operating or being in actual physical control of a vessel while under the influence of certain controlled substances; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Grady and Collins; Senator Amodei:
Assembly Bill No. 363—AN ACT relating to special districts; providing in skeleton form for the creation of the Silver Springs Water and Sewer District in Lyon County, Nevada; providing for the storage, conservation, distribution and sale of water within the District; authorizing the District to purchase, acquire and construct the facilities necessary to provide water and sewer service to customers within the District; authorizing the issuance of general obligation and revenue bonds; providing the power to tax; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Grady moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblyman Marvel:
Assembly Bill No. 364—AN ACT relating to taxes on motor vehicle fuels; authorizing cities and counties to impose an additional tax on motor vehicle fuel; prescribing the authorized uses of the revenue from the tax; and providing other matters properly relating thereto.
Assemblyman Marvel moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Buckley, Horne, Conklin, Ohrenschall, Anderson, Carpenter, Claborn, Mortenson, and Oceguera (by request):
Assembly Bill No. 365—AN ACT relating to guardianship; making various changes to provisions regarding guardianship; providing penalties; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman Chowning:
Assembly Bill No. 366—AN ACT relating to taxation; providing an exemption from the governmental services tax for vehicles registered by a resident of Nevada who is on full-time active duty in the Armed Forces of the United States and required to live in another state; authorizing such a person to waive his exemption and designate any additional amount to be credited to the Veterans’ Home Account established in the State General Fund; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblywoman Chowning (by request):
Assembly Bill No. 367—AN ACT relating to motor vehicles; expanding the definition of “rebuilt vehicle” for the purposes of licensing and registration of motor vehicles; authorizing an insured to select a body shop for repairs to a motor vehicle; prohibiting an insurer from interfering with that selection; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblyman Hettrick:
Assembly Bill No. 368—AN ACT making an appropriation to Douglas County for the construction of an emergency well at the China Springs Youth Camp; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Grady, Atkinson, Collins, Goicoechea, Knecht, McCleary, Pierce, Sherer, and Williams:
Assembly Bill No. 369—AN ACT relating to trade practices; requiring a supplier of certain equipment and machinery to repurchase the equipment and machinery from a dealer to whom it was sold under certain circumstances; providing for the payment of claims for reimbursement for work performed by such a dealer under a warranty; and providing other matters properly relating thereto.
Assemblyman Grady moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblyman Hettrick (by request):
Assembly Bill No. 370—AN ACT relating to motor vehicles; providing for the issuance of special license plates for the support of the Kid’s Fishing Derby; providing for the design, preparation and issuance of special license plates by petition to the Department of Motor Vehicles; limiting the number of different designs of special license plates that the Department may issue by petition; providing in certain circumstances for withdrawal from use of a particular design of special license plates issued by petition; imposing a fee for the issuance and renewal of such license plates; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblymen Collins, Gibbons, Carpenter, Horne, Grady, Atkinson, Claborn, Goicoechea, Hardy, Koivisto, Manendo, McCleary, Pierce, Weber, and Williams (by request):
Assembly Bill No. 371—AN ACT relating to state land; requiring the State Land Registrar to convey certain land to the Nevada FFA Foundation; and providing other matters properly relating thereto.
Assemblyman Collins moved that the bill be referred to the Concurrent Committees on Natural Resources, Agriculture, and Mining and Ways and Means.
Motion carried.
By Assemblymen Marvel, Collins, Sherer, Brown, Geddes, Goicoechea, Grady, and Hettrick:
Assembly Bill No. 372—AN ACT relating to wildlife; requiring a person who develops or operates a renewable energy generation project to obtain a permit from the Division of Wildlife of the State Department of Conservation and Natural Resources under certain circumstances; authorizing the Board of Wildlife Commissioners to establish a fee for the permit; requiring the holder of the permit to pay an assessment to the Division; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Marvel moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblymen Marvel, Sherer, Hettrick, Geddes, Goicoechea, and Grady:
Assembly Bill No. 373—AN ACT relating to limitation of actions; limiting the period during which certain actions may be commenced or claims may be made relating to constructional defects; and providing other matters properly relating thereto.
Assemblyman Marvel moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Goicoechea, Knecht, Carpenter, Collins, Geddes, Grady, Hardy, Koivisto, Marvel, McCleary, Pierce, and Weber:
Assembly Bill No. 374—AN ACT relating to taxation; imposing an additional tax on special fuel to support the repair and restoration of local roads; and providing other matters properly relating thereto.
Assemblyman Goicoechea moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Beers and Mabey; Senators Nolan and Rawson:
Assembly Bill No. 375—AN ACT relating to the Legislature; making minor revisions to two districts from which certain members of the Assembly of the Nevada Legislature are elected; and providing other matters properly relating thereto.
Assemblyman Beers moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Beers and Mabey; Senators Nolan and Rawson:
Assembly Bill No. 376—AN ACT relating to common-interest communities; revising the requirements to amend the declaration of a common-interest community; revising the requirements for rejection of the budget of an association; revising the requirements for the posting of a notice of a meeting of the executive board of a common-interest community association; and providing other matters properly relating thereto.
Assemblyman Beers moved that the bill be referred to the Committee on Judiciary.
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 12:59 p.m.
ASSEMBLY IN SESSION
At 1:09 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Goldwater moved that Assembly Bill No. 232 just reported out of committee, be placed on the Second Reading File.
Motion carried.
Assemblyman Williams moved that Assembly Bill No. 162 just reported out of committee, be placed on the Second Reading File.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Parks, Leslie, Conklin, McClain, Ohrenschall, Anderson, Arberry, Atkinson, Buckley, Giunchigliani, Goldwater, Koivisto, Manendo, Perkins, and Pierce:
Assembly Bill No. 377—AN ACT making an appropriation to Classroom on Wheels for the purchase of two buses to provide mobile school services for homeless children in Clark County; and providing other matters properly relating thereto.
Assemblyman Parks moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Leslie, Conklin, Koivisto, Ohrenschall, Atkinson, Buckley, McClain, and McCleary:
Assembly Bill No. 378—AN ACT relating to protection of children; authorizing agencies which provide child welfare services to apply to the Compact Council of the National Crime Prevention and Privacy Compact for terminal access to the Interstate Identification Index for records of criminal history in accordance with the requirements of the Compact Council; and providing other matters properly relating thereto.
Assemblywoman Leslie moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblymen Gustavson, Angle, Gibbons, and Marvel:
Assembly Bill No. 379—AN ACT relating to land use planning; requiring a super-majority vote for the approval of certain decisions relating to land use planning in certain counties; and providing other matters properly relating thereto.
Assemblyman Gustavson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Gustavson, Angle, Gibbons, Marvel, and Grady:
Assembly Bill No. 380—AN ACT relating to land use planning; abolishing the requirements relating to spheres of influence in regional planning in certain counties; revising the manner in which the governing board for regional planning may take action on certain appeals concerning projects of regional significance; and providing other matters properly relating thereto.
Assemblyman Gustavson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Leslie, Koivisto, Parks, Ohrenschall, Atkinson, Buckley, Conklin, Geddes, and McClain:
Assembly Bill No. 381—AN ACT relating to protection of children; revising the provisions governing the purpose, membership and procedure of a multidisciplinary team to review the death of a child; increasing the fee for a certificate of death to support the reviews; and providing other matters properly relating thereto.
Assemblywoman Leslie moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblymen Leslie, Anderson, Parks, Geddes, Conklin, Atkinson, Chowning, McClain, and McCleary:
Assembly Bill No. 382—AN ACT relating to education; requiring the Board of Regents of the University of Nevada to establish an Institute for Latino Research and Advocacy; and providing other matters properly relating thereto.
Assemblywoman Leslie moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.
By Assemblymen McClain, Koivisto, Giunchigliani, Leslie, Gibbons, Arberry, Buckley, Chowning, Claborn, Manendo, Ohrenschall, Pierce, and Weber:
Assembly Bill No. 383—AN ACT making an appropriation to the University of Nevada, Las Vegas, for allocation to the Women’s Research Institute of Nevada for support of the National Education for Women’s Leadership Program; and providing other matters properly relating thereto.
Assemblywoman McClain moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Koivisto, McClain, Ohrenschall, Parks, Anderson, Christensen, Claborn, Leslie, and Pierce:
Assembly Bill No. 384—AN ACT relating to public welfare; making in skeleton form various changes concerning the provision of prescription drugs by the Department of Human Resources; creating the Pharmacy and Therapeutics Committee within the Department; and providing other matters properly relating thereto.
Assemblywoman Koivisto moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblymen Koivisto, Ohrenschall, Parks, Anderson, Christensen, Claborn, Leslie, McClain, and Pierce:
Assembly Bill No. 385—AN ACT relating to minors; making various changes concerning civil actions involving physical acts committed against incapacitated minors; and providing other matters properly relating thereto.
Assemblywoman Koivisto moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Koivisto, McClain, Ohrenschall, Anderson, Christensen, Claborn, Leslie, Parks, and Pierce:
Assembly Bill No. 386—AN ACT relating to product safety for children; requiring the State Board of Health to create a list of unsafe children’s products; prohibiting the use of such products in child care facilities; prohibiting the sale or lease of such products in this state; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Koivisto moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblymen Goldwater, Buckley, Perkins, and Griffin:
Assembly Bill No. 387—AN ACT relating to taxation; reducing the annual amount of the basic governmental services tax; decreasing the rate of reimbursement for the collection of certain sales and use taxes; eliminating the exemption from certain sales and use taxes for a used vehicle taken in trade on the purchase of another vehicle; increasing the real property transfer tax, mandatory taxes on transient lodging and certain state gaming license fees; eliminating the credit against the insurance premium tax for maintaining a home office or regional office in this state; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to repeal the exemption from the taxes imposed by the act on the gross receipts from the sale and storage, use or other consumption of tangible property which becomes an ingredient or component part of certain newspapers and any such newspapers; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Koivisto, Pierce, McClain, Parks, Ohrenschall, Anderson, Christensen, Claborn, and Giunchigliani (by request):
Assembly Bill No. 388—AN ACT relating to public employees; authorizing one or more local government employers and employee organizations to establish a trust fund to provide health and welfare benefits to participating employees and their dependents; establishing requirements for the administration of the trust; and providing other matters properly relating thereto.
Assemblywoman Koivisto moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Claborn, Ohrenschall, Pierce, Koivisto, Parks, Anderson, Atkinson, Buckley, Carpenter, Chowning, Christensen, Conklin, Goldwater, Leslie, Manendo, McClain, McCleary, Mortenson, and Sherer:
Assembly Bill No. 389—AN ACT relating to thrift companies; prohibiting a person from acquiring control of a thrift company unless the person is engaged only in the activities permitted for a financial holding company pursuant to federal law or under certain circumstances is a credit union; and providing other matters properly relating thereto.
Assemblyman Claborn moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Parks, Manendo, Arberry, Buckley,
Chowning, Goldwater, Griffin, Horne, Leslie, McClain, McCleary, and Pierce
(by request):
Assembly Bill No. 390—AN ACT relating to real property; prohibiting a governing body from requiring an owner of property that includes or abuts a public right-of-way to maintain any unimproved portion of, or to maintain, reconstruct or repair certain improvements in, the public right-of-way; providing that such prohibition does not preclude the imposition of certain assessments and charges that are otherwise authorized by law; providing certain limitations on civil liability with respect to owners of property whose property abuts a public right-of-way; and providing other matters properly relating thereto.
Assemblyman Parks moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Education:
Assembly Bill No. 391—AN ACT making an appropriation to the Continuing Education Division of the Community College of Southern Nevada for expenses relating to the relocation of the Professional Driving Center and the operation of the Continuing Education Division; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.
By Assemblyman Arberry:
Assembly Bill No. 392—AN ACT relating to state employees; increasing the amount of longevity payments to state employees; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblyman Goldwater:
Assembly Bill No. 393—AN ACT relating to public works; providing that the contract price for a public work may be increased or decreased during the term of the contract as a result of change orders; prohibiting a public body from making a deduction from the contract price or withholding payment from contractors in excess of retainage in certain circumstances; revising the provisions prescribing the amount that may be withheld from the progress payments made to contractors on public works; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Goldwater and Chowning:
Assembly Bill No. 394—AN ACT relating to traffic laws; revising the provisions governing the removal by a police officer of a vehicle or part of a vehicle from a highway to a garage or other place of safekeeping; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblyman Goldwater:
Assembly Bill No. 395—AN ACT relating to public welfare; providing for an assessment of a fee on facilities for intermediate care and facilities for skilled nursing; requiring the Division of Health Care Financing and Policy of the Department of Human Resources to administer the provisions concerning the assessment; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblymen Williams, Manendo, Arberry, Giunchigliani, Koivisto, Anderson, Atkinson, Collins, Conklin, Goldwater, Grady, Horne, Leslie, McCleary, Oceguera, Parks, Perkins, Pierce, and Sherer:
Assembly Bill No. 396—AN ACT relating to public schools; requiring the Clark County School District to continue its pilot program for the replacement of certain schools; authorizing the Clark County School District to use a certain amount of money from its Fund for Capital Projects to finance the replacement of schools designated for its pilot program; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblymen Horne, Conklin, Sherer, Leslie, Chowning, Andonov, Arberry, Atkinson, Beers, Buckley, Carpenter, Christensen, Claborn, Collins, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Hardy, Hettrick, Koivisto, Mabey, Manendo, McClain, McCleary, Mortenson, Oceguera, Parks, Perkins, Pierce, and Williams; Senators Neal, Titus, Wiener, Cegavske, O’Connell, Carlton, Coffin, Mathews, McGinness, Nolan, and Tiffany:
Assembly Bill No. 397—AN ACT relating to eminent domain; prohibiting penalties from being imposed upon a person for rejecting an offer of judgment and proceeding to trial in actions concerning eminent domain regardless of the outcome of the trial; repealing the provision limiting the allowance and apportionment of costs in proceedings concerning eminent domain; and providing other matters properly relating thereto.
Assemblyman Horne moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Geddes, Hettrick, Hardy, Beers, Knecht, Anderson, Andonov, Arberry, Buckley, Carpenter, Chowning, Christensen, Collins, Conklin, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Horne, Koivisto, Leslie, Mabey, Manendo, Marvel, Mortenson, Parks, Perkins, Pierce, Sherer, and Weber; Senators Townsend and Amodei:
Assembly Bill No. 398—AN ACT relating to purchasing; revising the procedures pursuant to which certain performance contracts for the installation or purchase of cost-savings energy measures in buildings occupied by state and local governmental entities are bid; providing the types and terms of such performance contracts; providing limitations on such performance contracts entered into by state agencies; and providing other matters properly relating thereto.
Assemblyman Geddes moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Arberry, Buckley, Williams, and Anderson:
Assembly Bill No. 399—AN ACT relating to housing; making an appropriation to the Housing Division of the Department of Business and Industry to provide grants of money to nonprofit organizations to provide financial counseling to certain persons; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Gibbons, Anderson, Christensen, Collins, Geddes, and Mabey (by request):
Assembly Bill No. 400—AN ACT relating to public records; authorizing certain persons to have personal information contained in the records of a county assessor kept confidential; authorizing a county assessor to create a program for the disclosure of confidential information for certain purposes; providing penalties for disclosing certain information about certain persons that is contained in a list of registered voters; prohibiting the disclosure of certain records of the Department of Motor Vehicles for journalistic purposes; providing penalties; and providing other matters properly relating thereto.
Assemblywoman Gibbons moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Hardy, Grady, Brown, Andonov, Beers, Christensen, Geddes, Gibbons, Goicoechea, Griffin, Gustavson, Hettrick, Mabey, McClain, and Weber:
Assembly Bill No. 401—AN ACT relating to public works; providing in skeleton form for the authorization by a public body or the Department of Transportation of a private entity to acquire, construct, improve, maintain or operate, or any combination thereof, a transportation facility; and providing other matters properly relating thereto.
Assemblyman Hardy moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Sherer, Knecht, Brown, Collins, Conklin, Geddes, Hettrick, Koivisto, and Marvel:
Assembly Bill No. 402—AN ACT relating to health care; revising the requirements concerning the approval by the Director of the Department of Human Resources of certain construction projects on behalf of a health facility; and providing other matters properly relating thereto.
Assemblyman Sherer moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblymen Sherer, Knecht, Brown, Collins, Conklin, Hettrick, and Marvel:
Assembly Bill No. 403—AN ACT relating to water; providing that forfeiture of certain water rights is tolled if the Governor declares a drought; requiring the Governor to declare a drought under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Sherer moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblymen Hardy, Gibbons, Geddes, Andonov, Beers, Christensen, Conklin, Goicoechea, Grady, Griffin, Hettrick, Koivisto, Mabey, Manendo, Pierce, and Weber:
Assembly Bill No. 404—AN ACT relating to access to health care; making appropriations to increase access to obstetrical and gynecological services; and providing other matters properly relating thereto.
Assemblyman Hardy moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Hardy, Knecht, Andonov, Grady, Brown, Beers, Christensen, Collins, Conklin, Geddes, Gibbons, Goicoechea, Griffin, Gustavson, Hettrick, Koivisto, Mabey, McClain, McCleary, Oceguera, Pierce, and Weber:
Assembly Bill No. 405—AN ACT relating to veterans’ cemeteries; revising the provisions governing financial support for the veterans’ cemeteries; authorizing the employment of personnel to operate the cemeteries from money in the Account for Veterans’ Affairs that was not provided by appropriation; and providing other matters properly relating thereto.
Assemblyman Hardy moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Hardy, Gibbons, Andonov, Beers, Brown, Christensen, Collins, Conklin, Goicoechea, Grady, Griffin, Gustavson, Hettrick, Knecht, Koivisto, Mabey, Manendo, McClain, Pierce, and Weber:
Assembly Bill No. 406—AN ACT relating to public safety; requiring the Department of Motor Vehicles to suspend or revoke the driver’s license of a person with epilepsy under certain circumstances; requiring physicians to inform certain patients with epilepsy of the dangers of operating a motor vehicle; abolishing the related duty of physicians to report certain patient information; providing that certain statements maintained by physicians concerning patients with epilepsy are not subject to the doctor-patient privilege if furnished to the Department of Motor Vehicles under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Hardy moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 213.
Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that the action whereby Assembly Bill No. 360 was referred to the Committee on Elections, Procedures, and Ethics be rescinded.
Motion carried.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assemblywoman Buckley moved that the action whereby Assembly Bill No. 392 was referred to the Committee on Ways and Means be rescinded.
Motion carried.
Assemblywoman Buckley moved that the bill be referred to the Concurrent Committees on Government Affairs and Ways and Means.
Motion carried.
Assemblywoman Buckley moved that the action whereby Assembly Bill No. 403 was referred to the Committee on Natural Resources, Agriculture, and Mining be rescinded.
Motion carried.
Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assemblywoman Buckley moved that the action whereby Assembly Bill No. 374 was referred to the Committee on Taxation be rescinded.
Motion carried.
Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.
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 1:37 p.m.
ASSEMBLY IN SESSION
At 1:43 p.m.
Mr. Speaker presiding.
Quorum present.
Assemblywoman Buckley moved that the Assembly recess until 5:15 p.m.
Motion carried.
Assembly in recess at 1:44 p.m.
ASSEMBLY IN SESSION
At 5:23 p.m.
Mr. Speaker presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Hardy, Collins, Knecht, Brown, Mabey, Andonov, Beers, Christensen, Conklin, Geddes, Goicoechea, Grady, Griffin, Gustavson, Hettrick, Koivisto, Manendo, McClain, Oceguera, Pierce, and Weber:
Assembly Bill No. 407—AN ACT relating to public schools; authorizing the boards of trustees of school districts to grant the use of public school libraries to the general public; and providing other matters properly relating thereto.
Assemblyman Oceguera moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblymen Griffin and Hettrick:
Assembly Bill No. 408—AN ACT relating to the display of the flag of the United States; providing that the governing body of a local government may not take any action to prohibit an owner of real property from engaging in the display of the flag on his property; providing that covenants, restrictions and conditions relating to real property are void and unenforceable to the extent that they prohibit an owner of real property from engaging in the display of the flag on his property; providing that executive boards of common-interest communities and landlords may not prohibit a unit’s owner or tenant, as applicable, from engaging in the display of the flag within that portion of the common-interest community, premises or manufactured home lot that the unit’s owner or tenant has a right to occupy and use exclusively; providing for the payment to a prevailing party of reasonable attorney’s fees and costs incurred to pursue certain legal actions; and providing other matters properly relating thereto.
Assemblyman Griffin moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Sherer, Knecht, Brown, Collins, Conklin, Geddes, Giunchigliani, Hettrick, and Marvel:
Assembly Bill No. 409—AN ACT relating to public bodies; authorizing public bodies to provide certain notice of meetings and other information by electronic mail; and providing other matters properly relating thereto.
Assemblyman Sherer moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Sherer, Knecht, Brown, Conklin, Geddes, Giunchigliani, Hettrick, and Marvel:
Assembly Bill No. 410—AN ACT relating to elections; requiring, for purposes of registering to vote in this state, that a person who maintains a residence in another state must agree to forfeit his residency in the other state for voting purposes; authorizing certain new residents of this state to vote for all federal offices and statewide offices; providing that the residency requirements for qualification as a voter in elections include an intent to remain a resident; revising the requirements concerning the contents of certain applications to register to vote; requiring, under certain circumstances, the county clerk of a county within this state to which an elector moves to send a cancellation notice to certain persons in the county, whether located within or without this state, in which the elector was last registered to vote; and providing other matters properly relating thereto.
Assemblyman Sherer moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Angle, Gustavson, Beers, Gibbons, Griffin, Hardy, Hettrick, Mabey, and Marvel:
Assembly Bill No. 411—AN ACT relating to education; requiring the State Board of Education to prescribe a program of reading instruction for elementary schools; requiring the boards of trustees of school districts and the governing bodies of certain charter schools to carry out the program of reading instruction and to administer certain assessments under certain circumstances; requiring the regional training programs for the professional development of teachers and administrators to provide training in reading instruction; and providing other matters properly relating thereto.
Assemblyman Oceguera moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblymen McClain, Koivisto, Giunchigliani, Angle, Beers, Goicoechea, Griffin, Hettrick, Knecht, Manendo, and McCleary:
Assembly Bill No. 412—AN ACT relating to candidates for office; increasing the period of residency required to qualify as a candidate for certain offices; and providing other matters properly relating thereto.
Assemblywoman McClain moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Knecht, Hettrick, Brown, Beers, Angle, Andonov, Carpenter, Christensen, Claborn, Gibbons, Goicoechea, Grady, Griffin, Gustavson, Hardy, Mabey, Marvel, Parks, Sherer, and Weber:
Assembly Bill No. 413—AN ACT relating to state financial administration; requiring the Governor to submit with the budget his proposed recommendations for reductions, if required, in the budget; requiring that adopted regulations include a statement of the net benefit to the State from the adoption of the regulation; requiring the Interim Finance Committee to study the process of preparing and analyzing the budget to ensure effective fiscal management of the State; and providing other matters properly relating thereto.
Assemblyman Knecht moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Knecht, Hettrick, Brown, Beers, Angle, Andonov, Arberry, Carpenter, Christensen, Claborn, Conklin, Geddes, Gibbons, Goicoechea, Grady, Griffin, Hardy, Marvel, McClain, McCleary, Mortenson, Sherer, and Weber:
Assembly Bill No. 414—AN ACT relating to traffic laws; authorizing the use of a single center lane when making a left-hand turn onto a highway; and providing other matters properly relating thereto.
Assemblyman Knecht moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblymen Knecht, Hettrick, Brown, Beers, Angle, Andonov, Arberry, Carpenter, Christensen, Claborn, Gibbons, Goicoechea, Grady, Griffin, Gustavson, Hardy, Mabey, Marvel, McCleary, Mortenson, Parks, Sherer, and Weber:
Assembly Bill No. 415—AN ACT relating to state revenue; authorizing the State Treasurer to enter into certain contracts involving state property or state emblems to generate revenue for the State; directing the Governor to appoint a committee to study potential uses of the authority granted to the State Treasurer and the feasibility of issuing bullion coins; and providing other matters properly relating thereto.
Assemblyman Knecht moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Angle, Gustavson, Knecht, Andonov, Brown, Christensen, Goicoechea, Hardy, and Sherer:
Assembly Bill No. 416—AN ACT relating to vehicle emissions; providing for the biennial inspection and testing of emissions of certain motor vehicles; requiring the State Environmental Commission to provide a waiver from emissions testing for certain motor vehicles; and providing other matters properly relating thereto.
Assemblywoman Angle moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblymen Atkinson, Buckley, Horne, Parks, Ohrenschall, Claborn, Collins, Goicoechea, Knecht, Koivisto, Leslie, Manendo, Oceguera, Pierce, and Williams:
Assembly Bill No. 417—AN ACT relating to motor vehicles; establishing procedures for claims against bonds and deposits of dealers, distributors, manufacturers, rebuilders, representatives and salesmen licensed by the Department of Motor Vehicles; giving claims filed by consumers priority over other claims; providing under certain circumstances for payment of claims on a pro rata basis; and providing other matters properly relating thereto.
Assemblyman Atkinson moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblyman Perkins:
Assembly Bill No. 418—AN ACT relating to the State Public Works Board: requiring the State Public Works Board to contract with a private business for the management of certain construction and major repairs of projects of the Board; and providing other matters properly relating thereto.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 5:30 p.m.
ASSEMBLY IN SESSION
At 5:32 p.m.
Mr. Speaker presiding.
Quorum present.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Pierce, Ohrenschall, Manendo, Parks, Koivisto, Anderson, Arberry, Atkinson, Buckley, Chowning, Collins, Conklin, Geddes, Goicoechea, Goldwater, Grady, Horne, Leslie, McClain, McCleary, Mortenson, Oceguera, Sherer, and Weber:
Assembly Bill No. 419—AN ACT relating to property; providing that a landlord of dwelling units intended and operated for persons 55 years of age and older may not employ a person to perform work on the premises unless the person has a work card issued by the sheriff of the county; and providing other matters properly relating thereto.
Assemblywoman Pierce moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Weber, Knecht, Christensen, Grady, Hardy, Hettrick, McClain, Pierce, and Williams:
Assembly Bill No. 420—AN ACT relating to secondhand dealers; requiring a county or city to require a person who engages in the business of a secondhand dealer to obtain a license as a secondhand dealer; authorizing a county or city to impose fines for certain violations committed by a secondhand dealer; prohibiting a secondhand dealer from removing or otherwise disposing of property in his possession which is involved in a criminal investigation under certain circumstances; authorizing a peace officer to obtain custody of such property under certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Weber moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblywoman Weber:
Assembly Bill No. 421—AN ACT relating to elections; requiring that candidates for certain nonpartisan offices who are unopposed be declared elected to office; and providing other matters properly relating thereto.
Assemblywoman Weber moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Beers, Gibbons, Goicoechea, Hardy, and McClain:
Assembly Bill No. 422—AN ACT relating to time; exempting the State of Nevada from the provisions of the federal law requiring daylight saving time; and providing other matters properly relating thereto.
Assemblyman Beers moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Hettrick, Knecht, Gustavson, Beers, Gibbons, Anderson, Andonov, Angle, Arberry, Atkinson, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Hardy, Horne, Koivisto, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber, and Williams:
Assembly Bill No. 423—AN ACT relating to weapons; authorizing the manufacture of switchblade knifes in this state under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Geddes (by request):
Assembly Bill No. 424—AN ACT relating to public works and state purchasing; providing in skeleton form for the revision of certain provisions relating to public works and state purchasing; and providing other matters properly relating thereto.
Assemblyman Geddes moved that the bill be referred to the Committee on Government Affairs.
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 5:35 p.m.
ASSEMBLY IN SESSION
At 5:37 p.m.
Mr. Speaker presiding.
Quorum present.
By Assemblyman Parks:
Assembly Bill No. 425—AN ACT relating to public works; providing for a hearing for unsuccessful bidders; revising the exemption of contracts necessary to contend with certain emergencies from the requirements relating to contracts for public works; authorizing a public body to require a person who is found to have failed to pay the prevailing wage to pay the costs incurred by the public body for its investigation; requiring a governing body to adopt certain criteria regarding the past performance of a contractor in the qualification of bidders on public works; revising certain provisions regarding advertising for bids; removing certain provisions regarding the maintenance of lists of licensed contractors by public bodies for bidding on certain contracts; revising provisions governing the naming of subcontractors; requiring an authorized representative to make certain reports to public bodies regarding certain contracts; revising certain provisions regarding objections to the award of a certificate of eligibility for a preference in bidding; and providing other matters properly relating thereto.
Assemblyman Parks moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Hettrick, Marvel, Gustavson, Griffin, Beers, Andonov, Brown, Goicoechea, Grady, Hardy, Knecht, Mabey, and Sherer:
Assembly Bill No. 426—AN ACT relating to education; requiring school districts to reimburse the University and Community College System of Nevada for the cost of required remedial education for certain graduates of high schools in the district; creating the School Accountability Trust Fund; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblymen Hettrick, Knecht, Gibbons, Angle, Beers, Brown, Grady, Hardy, Mabey, Marvel, Sherer, and Weber:
Assembly Bill No. 427—AN ACT relating to land use planning; prohibiting a governmental entity from requiring that a person dedicate land, an easement, a right-of-way or any other thing of value as a condition precedent to the approval or granting of certain land use permits; setting forth certain exceptions; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Hettrick, Knecht, Angle, Beers, Brown, Goicoechea, Grady, Griffin, Gustavson, Hardy, Mabey, Marvel, Sherer, and Weber:
Assembly Bill No. 428—AN ACT relating to land use planning; providing that certain findings must be included within or otherwise accompany the adoption or amendment by the governing body of a county or city of a master plan or part thereof; imposing related requirements with respect to city and county initiatives and referenda; requiring a city or county to hold a public meeting for presentation of such findings with respect to such initiatives and referenda; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Hettrick, Hardy, Geddes, Knecht, Beers, Brown, Goicoechea, Grady, Griffin, Gustavson, Mabey, Marvel, and Sherer:
Assembly Bill No. 429—AN ACT relating to energy; making various changes relating to net metering and renewable energy; authorizing the Director of the Office of Energy within the Office of the Governor to develop a program to distribute money in the form of grants, incentives or rebates to pay or defray the costs for persons to acquire, install or improve net metering systems; revising provisions governing the regulation of net metering; revising the definition of renewable energy to include waterpower for the purposes of the portfolio standard for renewable energy for certain providers of electric service and for net metering and optional pricing; transferring money from the Public Utilities Commission Regulatory Fund to the Office of Energy; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblywoman Leslie:
Assembly Bill No. 430—AN ACT relating to public welfare; prohibiting the Department of Human Resources from taking certain actions to restrict access to prescription drugs for mental illness provided pursuant to Medicaid; and providing other matters properly relating thereto.
Assemblywoman Leslie moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By Assemblywoman Giunchigliani:
Assembly Bill No. 431—AN ACT relating to energy; requiring the licensure of solar energy system installers; requiring the Division of Industrial Relations of the Department of Business and Industry to adopt regulations regarding the licensure of such installers; requiring the Public Utilities Commission of Nevada to adopt a system of renewable energy credits; providing for the establishment of the Solar Energy Systems Demonstration Program; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Brown, Knecht, Hardy, Andonov, Goicoechea, Grady, Hettrick, Marvel, and Sherer:
Assembly Bill No. 432—AN ACT relating to public works; revising the provisions governing the penalty for the failure of a contractor or subcontractor engaged on a public work to report each workman employed on the public work to the public body that awarded the contract; prohibiting a contractor on a public work from withholding certain money from a subcontractor under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Brown moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Brown, Buckley, Marvel, and Sherer:
Assembly Bill No. 433—AN ACT relating to financial services; providing that a person may rescind a deferred deposit transaction under certain circumstances; providing that a person may redeem a check presented pursuant to a deferred deposit transaction under certain circumstances; defining the term “check” to include certain electronic transfers; limiting the number of fees a person may be charged pursuant to a deferred deposit transaction under certain circumstances; revising the disclosures that must be provided in an agreement for a deferred deposit; prohibiting registrants and collection agencies from engaging in certain business practices; limiting the applicability of certain remedies for unpaid checks; and providing other matters properly relating thereto.
Assemblyman Brown moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Angle, Gustavson, Knecht, Andonov, Brown, Christensen, Goicoechea, Hardy, and Sherer:
Assembly Bill No. 434—AN ACT relating to motor vehicle dealers; requiring the Department of Motor Vehicles to authorize new vehicle dealers to issue certificates of registration, license plates and decals for new vehicles sold by the new vehicle dealers; requiring the Department to adopt certain regulations; requiring the Department to waive certain requirements concerning the signatures of natural persons under certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Angle moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblymen Gustavson, Angle, Knecht, Brown, Chowning, Goicoechea, Grady, and Hettrick; Senator Nolan (by request):
Assembly Bill No. 435—AN ACT relating to children; requiring a court that issues or modifies an order awarding custody of a minor child to issue a parenting plan in conjunction with its order; establishing certain requirements for the contents of parenting plans; requiring parenting plans to establish the rights and responsibilities of parents with sufficient particularity to ensure that the rights and responsibilities can be properly enforced; authorizing parents to submit proposed parenting plans; requiring judges to consider the best interest of the child in determining the content of parenting plans; and providing other matters properly relating thereto.
Assemblyman Gustavson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Gustavson, Angle, Beers, Brown, Chowning, Claborn, Grady, and Weber; Senator Nolan:
Assembly Bill No. 436—AN ACT relating to elections; providing for the appointment of committees to prepare arguments for and against, and rebuttals for, certain statewide ballot questions; requiring sample ballots to include the names of the persons, organizations or governmental entities that assisted in writing condensations, explanations, arguments and rebuttals for ballot questions; revising the provisions relating to county and municipal ballot questions in certain counties and cities; and providing other matters properly relating thereto.
Assemblyman Gustavson moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Christensen, Knecht, Claborn,
Ohrenschall, Koivisto, Anderson, Andonov, Angle, Atkinson, Beers, Brown,
Carpenter, Chowning, Collins, Conklin, Geddes, Gibbons, Goicoechea, Goldwater,
Grady, Griffin, Hardy, Hettrick, Horne, Leslie, Mabey, Manendo, Marvel,
McClain, McCleary, Mortenson, Oceguera, Parks, Perkins, Pierce, Sherer, Weber,
and Williams; Senators Townsend, Rawson, Rhoads, and Washington
(by request):
Assembly Bill No. 437—AN ACT relating to taxation; revising the definition of “supplier” for the purposes of the tax on and the sale of liquor; and providing other matters properly relating thereto.
Assemblyman Christensen moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Assemblymen Christensen, Knecht, Ohrenschall, Andonov, Koivisto, Anderson, Angle, Arberry, Atkinson, Beers, Brown, Carpenter, Chowning, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Hardy, Hettrick, Horne, Leslie, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Parks, Perkins, Pierce, Sherer, Weber, and Williams; Senators Townsend, Rawson, and Washington:
Assembly Bill No. 438—AN ACT relating to industrial insurance; requiring certain periodic increases in the amount of compensation to which a claimant or a dependent of a claimant is entitled to receive for a permanent total disability under industrial insurance; and providing other matters properly relating thereto.
Assemblyman Christensen moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Christensen, Knecht, Ohrenschall, Beers, Conklin, Anderson, Andonov, Angle, Arberry, Brown, Carpenter, Chowning, Collins, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Koivisto, Mabey, Manendo, Marvel, Mortenson, Oceguera, Parks, Perkins, Sherer, Weber, and Williams; Senators Townsend, Rawson, Rhoads, and Washington:
Assembly Bill No. 439—AN ACT relating to business; requiring a defaulting business entity that wants to reinstate its right to transact business in this state to file with the Secretary of State a certificate of acceptance of appointment signed by its resident agent; changing the exclusive remedy by which a judgment creditor of a member of a limited-liability company or a limited partnership may satisfy a judgment; allowing a limited partnership to register as a limited-liability limited partnership; increasing certain fees and establishing new fees; providing that certain changes do not constitute a change in the appointment of a resident agent; repealing the requirement that a foreign corporation publish its annual statement; providing for the issuance of an order to cease and desist for failure to comply with certain provisions pertaining to business licenses; making various other changes to provisions pertaining to business entities; and providing other matters properly relating thereto.
Assemblyman Christensen moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Williams, Arberry, Leslie, Horne, Ohrenschall, Andonov, Angle, Atkinson, Brown, Buckley, Carpenter, Chowning, Claborn, Collins, Gibbons, Goicoechea, Goldwater, Griffin, Hardy, Koivisto, Manendo, McClain, McCleary, Mortenson, and Oceguera:
Assembly Bill No. 440—AN ACT making an appropriation to the Welfare Division of the Department of Human Resources for a statewide training program by the Nevada Network Against Domestic Violence; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that the action whereby Assembly Bill No. 416 was referred to the Committee on Transportation be rescinded.
Motion carried.
Assemblywoman Buckley moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Assemblywoman Buckley moved that the action whereby Assembly Bill No. 424 was referred to the Committee on Government Affairs be rescinded.
Motion carried.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 162.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 43.
Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. 1. The Legislative Auditor shall conduct a performance audit of the school districts in this state with more than 5,000 enrolled students. The performance audit must include issues relating to operational accountability, including, without limitation:
(a) Financial management;
(b) Facilities management;
(c) Personnel management;
(d) District organization;
(e) Employee health plans;
(f) Transportation;
(g) Alignment of the organization with the needs and expectations of the public;
(h) Training and development of management staff;
(i) Establishment of benchmarks for productivity and performance; and
(j) Examination of unusual or dramatic changes in specific budgetary line items, including, without limitation, legal expenses.
2. The Legislative Auditor shall prepare a final written report for the audit conducted pursuant to subsection 1 and present the report to the Audit Subcommittee of the Legislative Commission not later than February 7, 2005.
3. To the extent that the provisions of NRS 218.737 to 218.890, inclusive, are consistent with the requirements of this section, those provisions apply to the audit conducted pursuant to this section. For the purposes of this subsection, the Clark County School District, Washoe County School District, Carson City School District, Douglas County School District, Elko County School District, Lyon County School District and Nye County School District shall be deemed to be agencies of the State.
4. Upon the request of the Legislative Auditor or his authorized representative, the officers and employees of the Clark County School District, Washoe County School District, Carson City School District, Douglas County School District, Elko County School District, Lyon County School District and Nye County School District shall make available to the Legislative Auditor any of their books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, which the Legislative Auditor deems necessary to conduct the audits required by this section.
Sec. 2. 1. The Board of Trustees of the Clark County School District, Washoe County School District, Carson City School District, Douglas County School District, Elko County School District, Lyon County School District and Nye County School District shall, on or before February 15, 2005, give public notice of its intention to form a Business Advisory Council on or before May 15, 2005. Each Board of Trustees shall accept nominations and applications for membership on the Business Advisory Council during the period from March 1 to March 31, 2005.
2. On or before May 15, 2005, each Board of Trustees shall, form a Business Advisory Council. The Board of Trustees shall, from the nominations and applications received, select the members of its Business Advisory Council, appoint the members to terms of 2 years, designate a Chair and Vice-Chair from among the members, and designate an employee of the school district to serve as secretary for the Business Advisory Council. The members of the Council shall serve without salary or reimbursement for per diem or travel expenses.
3. The Council shall comply with the provisions of chapter 241 of NRS.
4. The meetings of each such Business Advisory Council must be held at a location within the respective school district and at the date and time determined by the Chair. In no event may the Chair set a meeting of the Council during regular school hours within the school district. Each such Business Advisory Council shall:
(a) Review the results of the performance audit conducted by the Legislative Auditor pursuant to section 1 of this act, particularly in regards to the school district for which the Council has been appointed.
(b) Work with the appropriate fiscal and administrative staff of the school district to form recommendations based upon the findings of the Legislative Auditor.
(c) On or before January 9, 2007, submit a written report of its findings and recommendations to the Board of Trustees of the school district, and to the Director of the Legislative Counsel Bureau for compilation and transmittal to the Legislature.
5. On or before May 15, 2007, the Board of Trustees of the Clark County School District, Washoe County School District, Carson City School District, Douglas County School District, Elko County School District, Lyon County School District and Nye County School District shall, if appropriate, provide for the continuation of the activities of its Business Advisory Council. The Board of Trustees may thereafter revise the duties of the Council and provide for its membership as it deems appropriate.
Sec. 3. This act becomes effective on July 1, 2003.”.
Amend the title of the bill, second and third lines by deleting: “Clark and Washoe County School Districts,” and inserting: “certain school districts; providing for the formation of Business Advisory Councils;”.
Amend the summary of the bill to read as follows:
“Summary—Requires Legislative Auditor to conduct performance audits of certain school districts and provides for formation of Business Advisory Councils. (BDR S-995)”.
Assemblyman Williams moved the adoption of the amendment.
Remarks by Assemblyman Williams.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 5:53 p.m.
ASSEMBLY IN SESSION
At 5:54 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Goldwater moved that the action whereby Assembly Bill No. 162 was referred to the Concurrent Committee on Ways and Means be rescinded.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 232.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 37.
Amend sec. 7, page 4, line 42, by deleting “Attorney General” and inserting “Consumer’s Advocate”.
Amend sec. 7, page 5, line 13, by deleting “Attorney General” and inserting “Consumer’s Advocate”.
Amend sec. 7, page 5, line 21, by deleting “Attorney General.” and inserting “Consumer’s Advocate.”.
Amend sec. 7, page 5, line 22, by deleting “Attorney General” and inserting “Consumer’s Advocate”.
Amend sec. 7, page 5, lines 33 and 34, by deleting “Attorney General” and inserting “Consumer’s Advocate”.
Amend sec. 7, page 5, line 35, by deleting “Attorney General.” and inserting “Consumer’s Advocate.”.
Amend sec. 7, page 5, line 36, after “4.” by inserting: “If a person requests that his telephone number be included in the registry, the person must indicate whether he authorizes callers with whom he has an established business relationship, and affiliates of those callers, to make unsolicited sales calls for the sale of goods or services to him despite the inclusion of his telephone number in the registry. If the person does not indicate his choice with regard to such authorization, he shall be deemed to have chosen to authorize such calls. The person may request to change his choice with regard to such authorization using any of the procedures with which he may request to include or maintain his telephone number in the registry. The person’s choice with regard to such authorization must be included in the registry and in every list of the telephone numbers in the registry published while that choice is in effect. 5. In publishing a list of the telephone numbers in the registry, the Consumer’s Advocate shall publish the list with two distinct portions. One portion must include the telephone number of each person who has chosen to authorize callers with whom the person has an established business relationship, and affiliates of those callers, to make unsolicited sales calls for the sale of goods or services to him despite the inclusion of his telephone number in the registry. The other portion must include the telephone number of each person who has chosen not to authorize callers with whom the person has an established business relationship, and affiliates of those callers, to make unsolicited sales calls for the sale of goods or services to him.
6.”.
Amend sec. 7, page 5, line 38, by deleting “Attorney General” and inserting “Consumer’s Advocate”.
Amend sec. 8, page 5, line 39, by deleting “Attorney General” and inserting “Consumer’s Advocate”.
Amend sec. 8, page 6, lines 11 and 17, by deleting “Attorney General” and inserting “Consumer’s Advocate”.
Amend sec. 9, page 6, line 27, by deleting “Attorney General” and inserting “Consumer’s Advocate”.
Amend sec. 10, page 6, line 32, by deleting “Attorney General.” and inserting “Consumer’s Advocate.”.
Amend sec. 11, page 6, line 35, by deleting “A” and inserting: “Except as otherwise provided in this section, a”.
Amend sec. 11, page 6, line 38, after “registry.” by inserting: “A telephone solicitor may make an unsolicited telephone call for the sale of goods or services to a telephone number in the currently effective version of the list if:
(a) The telephone solicitor, or an affiliate of the telephone solicitor, has an established business relationship with the person whose telephone number is called; and
(b) The list indicates that the person whose telephone number is called chose to authorize callers with whom he has an established business relationship, and affiliates of those callers, to make unsolicited sales calls for the sale of goods or services to him despite the inclusion of his telephone number in the registry.”.
Amend sec. 12, page 7, lines 4 and 5, by deleting “Attorney General” and inserting “Consumer’s Advocate”.
Amend sec. 12, page 7, lines 18 and 19, by deleting “Attorney General,” and inserting “Consumer’s Advocate,”.
Amend sec. 12, page 7, line 23, by deleting “Attorney General” and inserting “Consumer’s Advocate”.
Amend sec. 13, page 7, lines 28, 31, 32, 39 and 43, by deleting “Attorney General” and inserting “Consumer’s Advocate”.
Amend sec. 13, page 8, lines 1, 7, 24, 33 and 36, by deleting “Attorney General” and inserting “Consumer’s Advocate”.
Amend sec. 13, page 8, line 39, by deleting “Attorney General.” and inserting “Consumer’s Advocate.”.
Amend sec. 13, page 8, line 41, by deleting “Attorney General” and inserting “Consumer’s Advocate”.
Amend sec. 13, page 8, line 43, by deleting “Attorney General;” and inserting “Consumer’s Advocate;”.
Amend sec. 13, page 9, line 5, by deleting “Attorney General,” and inserting “Consumer’s Advocate,”.
Amend sec. 14, page 9, line 10, after “inclusive.” by inserting: “For the purposes of enforcing the provisions of sections 3 to 16, inclusive, of this act, the Consumer’s Advocate may exercise the authority of the Attorney General pursuant to NRS 598.0903 to 598.0999, inclusive.”.
Amend sec. 15, page 9, line 13, by deleting “Attorney General.” and inserting “Consumer’s Advocate.”.
Amend sec. 15, page 9, lines 14, 22 and 29, by deleting “Attorney General” and inserting “Consumer’s Advocate”.
Amend sec. 16, page 9, line 34, by deleting “Attorney General” and inserting “Consumer’s Advocate”.
Amend the bill as a whole by renumbering sec. 17 as sec. 19 and adding new sections designated sections 17 and 18, following sec. 16, to read as follows:
“Sec. 17. NRS 228.300 is hereby amended to read as follows:
228.300 As used in NRS 228.300 to 228.390, inclusive, and sections 3 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 228.302 to 228.308, inclusive, have the meanings ascribed to them in those sections.
Sec. 18. The State Treasurer shall, upon passage and approval of this act, transfer $200,000:
1. From the account within the Attorney General’s Special Fund for money deposited pursuant to subsection 1 of NRS 598A.260; and
2. To the Registry Fund created by section 15 of this act.”.
Amend sec. 17, page 9, line 38, by deleting “regulations” and inserting: “regulations, transferring money pursuant to section 18 of this act,”.
Amend sec. 17, page 9, lines 40 and 41, by deleting “Attorney General” and inserting “Consumer’s Advocate”.
Amend the title of the bill to read as follows:
“AN ACT relating to telephone solicitation; requiring the establishment of a registry of certain telephone numbers; requiring the publication of a list of certain telephone numbers; prohibiting a telephone solicitor from making an unsolicited telephone call for the sale of goods or services to a telephone number included in the currently effective version of the list under certain circumstances; providing that the making of an unsolicited telephone call for the sale of goods and services is a deceptive trade practice under certain circumstances; creating the Registry Fund as a special revenue fund in the State Treasury; providing for money to be transferred to the Registry Fund; and providing other matters properly relating thereto.”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblyman Perkins:
Assembly Bill No. 441—AN ACT relating to homeland security; creating the Nevada Commission on Homeland Security; setting forth the membership and duties of the Commission; providing certain exceptions to the open meeting law; requiring certain political subdivisions to adopt and maintain a response plan; establishing a plan for the continuation of state and local governmental operations; requiring certain utilities to conduct vulnerability assessments and to prepare emergency response plans; revising provisions relating to certain unlawful acts committed against utilities; allowing certain utilities to recover the just and reasonable costs of certain prudent and necessary security improvements and measures; providing for the confidentiality of certain documents, records and other information; imposing certain requirements for interoperability with respect to information and communication systems purchased by this state and local governments; requiring certain governmental entities to place automated external defibrillators in certain buildings and facilities; making various changes with respect to the authority of the Department of Motor Vehicles to accept and reject certain documents; increasing certain criminal penalties with respect to the fraudulent use of drivers’ licenses and identification cards; making an appropriation; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblyman Hettrick:
Assembly Bill No. 442—AN ACT relating to taxation; authorizing county assessors to grant an abatement of property taxes for certain residences to avoid severe economic hardship; providing for the repayment of all or a portion of the abated taxes upon sale of the property or other mitigation of the severe economic hardship; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Taxation.
Motion carried.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 6:01 p.m.
ASSEMBLY IN SESSION
At 6:05 p.m.
Mr. Speaker presiding.
Quorum present.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Senate Concurrent Resolution No. 17.
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 Russ Price, Ernie Gisler, and David Wieland.
On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Laird Noble Sanders and Laird Noble Sanders II.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Shay Wells, Carl Sarman, Morgan Tucker, Samantha Cavender, Ann-Marie Shank, Cassie Wyllie, and Brooke Lani.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Venicia Considine.
On request of Assemblyman
Hardy, the privilege of the floor of the Assembly Chamber for this day was
extended to Shari Buck,
Mary-Kay Peck, and Chris Durksen.
On request of Assemblyman Oceguera, the privilege of the floor of the Assembly Chamber for this day was extended to Melissa Cook.
On request of Assemblyman Parks, the privilege of the floor of the Assembly Chamber for this day was extended to Lisa Lindenbach.
Assemblywoman Buckley moved that the Assembly adjourn until Tuesday, March 18, 2003, at 11:00 a.m.
Motion carried.
Assembly adjourned at 6:06 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon
Chief Clerk of the Assembly